22 U.S.C. § 2799c — Notifications and reports to Congress

Page 1289 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2799c (3) that the President determines are not needed by United States military forces with- in the CFE Treaty’s area of application. (b) Acceptance of NATO assistance in elimi- nating direct costs of transfers In order to eliminate direct costs of facili- tating transfers of defense articles under sub- section (a), the United States may utilize serv- ices provided by NATO or any NATO/CFE coun- try, including inspection, repair, or transpor- tation services with respect to defense articles so transferred. (c) Acceptance of NATO assistance in meeting certain United States obligations In order to facilitate United States compli- ance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds pro- vided by NATO or any NATO/CFE country. (d) Authority to transfer on grant basis Defense articles may be transferred under sub- section (a) without cost to the recipient coun- try. (e) Third country transfers restrictions For purposes of sections 2753(a)(2), 2753(a)(3), 2753(c), and 2753(d) of this title, defense articles transferred under subsection (a) shall be deemed to have been sold under this chapter. (f) Maintenance of military balance in Eastern Mediterranean The President shall ensure that transfers by the United States under subsection (a), taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 2373 of this title, of maintaining the military balance in the Eastern Mediterranean. (g) Expiration of authority (1) In general Except as provided in paragraph (2), the au- thority of subsection (a) expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force. (2) Transition rule Paragraph (1) does not apply with respect to a transfer of defense articles for which notifi- cation under section 2799c(a) of this title is submitted before the end of the period de- scribed in that paragraph. (Pub. L. 90–629, ch. 9, § 93, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1691.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, provided: Memorandum for the Secretary of State and the Sec- retary of Defense By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of Defense the func- tions vested in me by section 93(a) and section 94 of the Arms Export Control Act, as amended (the ‘‘Act’’) [22 U.S.C. 2799b(a), 2799c], and to the Secretary of State the functions vested in me by section 93(f) of the Act. Con- sistent with section 2 of the Act [22 U.S.C. 2752], trans- fers of defense articles under section 93(a) shall be sub- ject to the policy direction of the Secretary of State, including the determination of whether such transfers shall occur. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. GEORGE BUSH. § 2799c. Notifications and reports to Congress (a) Notifications Not less than 15 days before transferring any defense articles pursuant to section 2799b(a) of this title, the President shall notify the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Re- lations of the Senate in accordance with the procedures applicable to reprogramming notifi- cations pursuant to section 2394–1 of this title. (b) Annual reports Not later than February 1 each year, the President shall submit to the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Com- mittee on Armed Services of the Senate a report that— (1) lists all transfers made to each recipient NATO/CFE country by the United States under section 2799b(a) of this title during the preceding calendar year; (2) describes how those transfers further the purposes described in paragraphs (1) through (3) of section 2799 of this title; and (3) lists, on a country-by-country basis, all transfers to another country of conventional armaments and equipment limited by the CFE Treaty— (A) by each NATO/CFE country (other than the United States) in implementing the CFE Treaty, and (B) by each country of the Eastern Group of States Parties in implementing the CFE Treaty. (Pub. L. 90–629, ch. 9, § 94, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1692; amended Pub. L. 103–199, title IV, § 402(1), Dec. 17, 1993, 107 Stat. 2324.) Editorial Notes AMENDMENTS 1993—Subsec. (b)(3)(B). Pub. L. 103–199 substituted ‘‘country of the Eastern Group of States Parties’’ for ‘‘Warsaw Pact country’’. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, set out as a note under section 2799b of this title. Page 1290 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2799d § 2799d. Definitions As used in this subchapter— (1) the term ‘‘CFE Treaty’’ means the Treaty on Conventional Armed Forces in Europe (signed at Paris, November 19, 1990); (2) the term ‘‘conventional armaments and equipment limited by the CFE Treaty’’ has the same meaning as the term ‘‘conventional armaments and equipment limited by the Treaty’’ does under paragraph 1(J) of article II of the CFE Treaty; (3) the term ‘‘NATO’’ means the North At- lantic Treaty Organization; (4) the term ‘‘NATO/CFE country’’ means a member country of NATO that is a party to the CFE Treaty and is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed or acceded to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949 (the North Atlantic Treaty); and (5) the term ‘‘country of the Eastern Group of States Parties’’ means a country that is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed the Treaty of Warsaw of 1955 or a successor state to such a country. (Pub. L. 90–629, ch. 9, § 95, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1693; amended Pub. L. 103–199, title IV, § 402(2), Dec. 17, 1993, 107 Stat. 2324.) Editorial Notes AMENDMENTS 1993—Par. (5). Pub. L. 103–199 substituted ‘‘country of the Eastern Group of States Parties’’ for ‘‘Warsaw Pact country’’ and inserted before period at end ‘‘or a suc- cessor state to such a country’’. SUBCHAPTER X—NUCLEAR NONPROLIFERATION CONTROLS § 2799aa. Nuclear enrichment transfers (a) Prohibitions; safeguards and management Except as provided in subsection (b) of this section, no funds made available to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or this chapter may be used for the pur- pose of providing economic assistance (including assistance under chapter 4 of part II of the For- eign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]), providing military assistance or grant military education and training, providing as- sistance under chapter 6 of part II of that Act [22 U.S.C. 2348 et seq.], or extending military credits or making guarantees, to any country which the President determines delivers nuclear enrich- ment equipment, materials, or technology to any other country on or after August 4, 1977, or receives such equipment, materials, or tech- nology from any other country on or after Au- gust 4, 1977, unless before such delivery— (1) the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and (2) the recipient country has entered into an agreement with the International Atomic En- ergy Agency to place all such equipment, ma- terials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency. (b) Certification by President of necessity of con- tinued assistance; disapproval by Congress (1) Notwithstanding subsection (a) of this sec- tion, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writ- ing to the Speaker of the House of Representa- tives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate that— (A) the termination of such assistance would have a serious adverse effect on vital United States interests; and (B) he has received reliable assurances that the country in question will not acquire or de- velop nuclear weapons or assist other nations in doing so. Such certification shall set forth the reasons supporting such determination in each par- ticular case. (2)(A) A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Con- gress. However, if, within thirty calendar days after receiving this certification, the Congress enacts a joint resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the enactment of that resolution the cer- tification shall cease to be effective and all de- liveries of assistance furnished under the au- thority of that certification shall be suspended immediately. (B) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the Inter- national Security Assistance and Arms Export Control Act of 1976. (Pub. L. 90–629, ch. 10, § 101, as added Pub. L. 103–236, title VIII, § 826(a), Apr. 30, 1994, 108 Stat. 515; amended Pub. L. 113–276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Chapters 4 and 6 of part II of the Act are classified generally to parts IV (§ 2346 et seq.) and VI (§ 2348 et seq.), respectively, of subchapter II of chap- ter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Section 601(b) of the International Security Assist- ance and Arms Export Control Act of 1976, referred to in subsec. (b)(2)(B), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classi- fied to the Code. AMENDMENTS 2014—Subsec. (b)(1). Pub. L. 113–276 substituted ‘‘the Speaker of the House of Representatives, the Com-