50 U.S.C. § 2912 — Authority to provide assistance to cooper-

Page 525 TITLE 50—WAR AND NATIONAL DEFENSE § 2912 President should strive to expand and strength- en the Proliferation Security Initiative (in this subchapter referred to as ‘‘PSI’’) announced by the President on May 31, 2003, with a particular emphasis on the following: (1) Issuing a presidential directive to the rel- evant United States Government agencies and departments that directs such agencies and departments to— (A) establish clear PSI authorities, respon- sibilities, and structures; (B) include in the budget request for each such agency or department for each fiscal year, a request for funds necessary for United States PSI-related activities; and (C) provide other necessary resources to achieve more efficient and effective perform- ance of United States PSI-related activities. (2) Increasing PSI cooperation with all coun- tries. (3) Implementing the recommendations of the Government Accountability Office (GAO) in the September 2006 report titled ‘‘Better Controls Needed to Plan and Manage Pro- liferation Security Initiative Activities’’ (GAO–06–937C) regarding the following: (A) The Department of Defense and the De- partment of State should establish clear PSI roles and responsibilities, policies and proce- dures, interagency communication mecha- nisms, documentation requirements, and in- dicators to measure program results. (B) The Department of Defense and the De- partment of State should develop a strategy to work with PSI-participating countries to resolve issues that are impediments to con- ducting successful PSI interdictions. (4) Establishing a multilateral mechanism to increase coordination, cooperation, and com- pliance among PSI-participating countries. (b) Budget submission Each fiscal year in which activities are planned to be carried out under the PSI, the President shall include in the budget request for each participating United States Government agency or department for that fiscal year, a de- scription of the funding and the activities for which the funding is requested for each such agency or department. (c) Implementation report Not later than 180 days after August 3, 2007, the President shall transmit to the Committee on Armed Services and the Committee on For- eign Affairs of the House of Representatives and the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate a re- port on the implementation of this section. The report shall include— (1) the steps taken to implement the rec- ommendations described in paragraph (3) of subsection (a); and (2) the progress made toward implementing the matters described in paragraphs (1), (2), and (4) of subsection (a). (d) GAO reports The Government Accountability Office shall submit to Congress, for each of fiscal years 2007, 2009, and 2011, a report with its assessment of the progress and effectiveness of the PSI, which shall include an assessment of the measures re- ferred to in subsection (a). (Pub. L. 110–53, title XVIII, § 1821, Aug. 3, 2007, 121 Stat. 493; Pub. L. 112–81, div. A, title X, § 1067, formerly § 1067(b), Dec. 31, 2011, 125 Stat. 1589, re- numbered § 1067, Pub. L. 112–239, div. A, title X, § 1076(a)(20)(B), Jan. 2, 2013, 126 Stat. 1949; Pub. L. 114–92, div. A, title X, § 1076(b), Nov. 25, 2015, 129 Stat. 998.) Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–92 struck out par. (1) designation and heading ‘‘In general’’ and pars. (2) and (3) which related to report and classification, respec- tively. 2013—Subsec. (b)(2). Pub. L. 112–239, § 1076(a)(20)(B), made technical amendment to directory language of Pub. L. 112–81, § 1067. See 2011 Amendment note below. 2011—Subsec. (b)(2). Pub. L. 112–81, § 1067, formerly § 1067(b), as amended by Pub. L. 112–239, § 1076(a)(20)(B), substituted ‘‘of each even-numbered year’’ for ‘‘of each year’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment by section 1076(a)(20)(B) is effective Dec. 31, 2011, as if included in Pub. L. 112–81 as enacted. Executive Documents ASSIGNMENT OF FUNCTIONS UNDER SECTION 1821(c) OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007 Memorandum of President of the United States, Mar. 28, 2008, 73 F.R. 19957, provided: Memorandum for the Secretary of State By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 1821(c) of the Implementing Rec- ommendations of the 9/11 Commission Act of 2007 (Pub- lic Law 110–53). In the performance of your responsibility under this memorandum, you shall, as appropriate, consult the heads of other departments and agencies. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 2912. Authority to provide assistance to cooper- ative countries (a) In general The President is authorized to provide assist- ance under subsection (b) to any country that cooperates with the United States and with other countries allied with the United States to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its con- trol or registry. (b) Types of assistance The assistance authorized under subsection (a) consists of the following: (1) Assistance under section 2763 of title 22. (2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act of 1961. Page 526 TITLE 50—WAR AND NATIONAL DEFENSE § 2921 1 So in original. The word ‘‘defense’’ probably should not ap- pear before ‘‘excess’’. 1 See References in Text below. (3) Drawdown of defense 1 excess defense arti- cles and services under section 516 of the For- eign Assistance Act of 1961 (22 U.S.C. 2321j). (c) Congressional notification Assistance authorized under this section may not be provided until at least 30 days after the date on which the President has provided notice thereof to the Committee on Armed Services, the Committee on Foreign Affairs, and the Com- mittee on Appropriations of the House of Rep- resentatives and the Committee on Armed Serv- ices, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate, in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)), and has certified to such com- mittees that such assistance will be used in ac- cordance with the requirement of subsection (e) of this section. (d) Limitation Assistance may be provided to a country under subsection (a) in no more than 3 fiscal years. (e) Use of assistance Assistance provided under this section shall be used to enhance the capability of the recipient country to prevent the transport and trans- shipment of items of proliferation concern in its national territory or airspace, or in vessels under its control or registry, including through the development of a legal framework in that country to enhance such capability by criminal- izing proliferation, enacting strict export con- trols, and securing sensitive materials within its borders, and to enhance the ability of the recipi- ent country to cooperate in PSI operations. (f) Limitation on ship or aircraft transfers (1) Limitation Except as provided in paragraph (2), the President may not transfer any excess defense article that is a vessel or an aircraft to a coun- try that has not agreed, in connection with such transfer, that it will support and assist efforts by the United States, consistent with international law, to interdict items of pro- liferation concern until 30 days after the date on which the President has provided notice of the proposed transfer to the committees de- scribed in subsection (c) in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the For- eign Assistance Act of 1961 (22 U.S.C. 2394–1(a)), in addition to any other require- ment of law. (2) Exception The limitation in paragraph (1) shall not apply to any transfer, not involving signifi- cant military equipment, in which the pri- mary use of the aircraft or vessel will be for counternarcotics, counterterrorism, or counter-proliferation purposes. (Pub. L. 110–53, title XVIII, § 1822, Aug. 3, 2007, 121 Stat. 495.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapters 4 and 5 of part II of the Act are classified gen- erally to parts IV (§ 2346 et seq.) and V (§ 2347 et seq.), respectively, of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. SUBCHAPTER II—ASSISTANCE TO ACCEL- ERATE PROGRAMS TO PREVENT WEAP- ONS OF MASS DESTRUCTION PROLIFERA- TION AND TERRORISM § 2921. Statement of policy It shall be the policy of the United States, consistent with the 9/11 Commission’s rec- ommendations, to eliminate any obstacles to timely obligating and executing the full amount of any appropriated funds for threat reduction and nonproliferation programs in order to accel- erate and strengthen progress on preventing weapons of mass destruction (WMD) prolifera- tion and terrorism. Such policy shall be imple- mented with concrete measures, such as those described in this chapter, including the removal and modification of statutory limits to exe- cuting funds, the expansion and strengthening of the Proliferation Security Initiative, the estab- lishment of the Office of the United States Coor- dinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism under subchapter III, and the establishment of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism under subtitle E.1 As a result, Congress intends that any funds authorized to be appropriated to programs for preventing WMD proliferation and terrorism under this subchapter will be executed in a timely manner. (Pub. L. 110–53, title XVIII, § 1831, Aug. 3, 2007, 121 Stat. 496.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title XVIII of Pub. L. 110–53, which enacted this chapter, amended section 3021 of this title and sections 5952 and 5963 of Title 22, Foreign Relations and Intercourse, and amended provisions set out as notes under sections 2551 and 5952 of Title 22. For complete classification of title XVIII to the Code, see Tables. Subtitle E, referred to in text, is subtitle E (§§ 1851–1859) of title XVIII of Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 501, which is not classified to the Code. § 2922. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program (a) Fiscal year 2008 (1) In general Subject to paragraph (2), there are author- ized to be appropriated to the Department of Defense Cooperative Threat Reduction Pro- gram such sums as may be necessary for fiscal year 2008 for the following purposes: