22 U.S.C. § 5858 — Notice and reports to Congress

Page 1719 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5858 1 See References in Text note below. by the amendment made by subsection (a)(1) of this section and enacts amendments identical to those in subsections (a)(2) and (b) of this section. If that Act enacts such amendments, sections 5853 and 5858 of this title shall be deemed to apply with respect to the funds made available under such amendments. (Pub. L. 102–511, title V, § 506, Oct. 24, 1992, 106 Stat. 3341.) Editorial Notes REFERENCES IN TEXT For the amendments made by this section, referred to in subsec. (c), see Codification note below. The National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (c), is Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2315. For complete classification of this Act to the Code, see Tables. See, also, Codifica- tion note below. Section 221(a) of the Soviet Nuclear Threat Reduction Act of 1991, referred to in subsec. (c), was section 221(a) of Pub. L. 102–228, which was set out in a note under section 2551 of this title prior to repeal by Pub. L. 113–291, div. A, title XIII, § 1351(1), Dec. 19, 2014, 128 Stat. 3606. See Codification note below. CODIFICATION Section is comprised of section 506 of Pub. L. 102–511. Subsec. (a) of this section directed the amendment of section 221 of Pub. L. 102–228, which was set out in a note under section 2551 of this title and was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(1), Dec. 19, 2014, 128 Stat. 3606. Subsec. (b) of this section directed the amendment of sections 108 and 109 of Pub. L. 102–229, which are not classified to the Code. Because of amend- ments by section 1421(a)(2)(B), (3) and (b) of Pub. L. 102–484, div. A, title XIV, Oct. 23, 1992, 106 Stat. 2565, to section 221 of Pub. L. 102–228 and sections 108 and 109 of Pub. L. 102–229, the amendments directed by subsecs. (a) and (b) of this section did not take effect pursuant to subsec. (c) of this section. § 5857. Waiver of certain provisions (a) In general Funds made available for fiscal year 1993 under sections 5853 and 5854 of this title to pro- vide assistance or otherwise carry out programs and activities with respect to the independent states of the former Soviet Union under those sections may be used notwithstanding any other provision of law, other than the provisions cited in subsection (b). (b) Exceptions Subsection (a) does not apply with respect to— (1) this subchapter; and (2) section 1341 of title 31 (commonly re- ferred to as the ‘‘Anti-Deficiency Act’’), the Congressional Budget and Impoundment Con- trol Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990. (Pub. L. 102–511, title V, § 507, Oct. 24, 1992, 106 Stat. 3341.) Editorial Notes REFERENCES IN TEXT The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (b)(2), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classi- fication of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b)(2), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, en- acted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provi- sions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. The Budget Enforcement Act of 1990, referred to in subsec. (b)(2), is title XIII of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–573. For complete classification of this Act to the Code, see Short Title of 1990 Amend- ment note set out under section 900 of Title 2 and Ta- bles. § 5858. Notice and reports to Congress (a) Notice of proposed obligations Not less than 15 days before obligating any funds under section 5853 or 5854 of this title or the amendments made by section 506(a),1 the President shall transmit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate con- gressional committees a report on the proposed obligation. Each such report shall specify— (1) the account, budget activity, and par- ticular program or programs from which the funds proposed to be obligated are to be de- rived and the amount of the proposed obliga- tions; and (2) the activities and forms of assistance for which the President plans to obligate such funds. (b) Semiannual report Not later than April 30, 1993, and not later than October 30, 1993, the President shall trans- mit to the Speaker of the House of Representa- tives, the President Pro Tempore of the Senate, and the appropriate congressional committees a report on the activities carried out under sec- tions 5853 and 5854 of this title and the amend- ments made by section 506(a).1 Each such report shall set forth, for the preceding 6-month period and cumulatively, the following: (1) The amounts expended for such activities and the purposes for which they were ex- pended. (2) The source of the funds obligated for such activities, specified by program. (3) A description of the participation of all United States Government departments and agencies in such activities. (4) A description of the activities carried out and the forms of assistance provided. (5) Such other information as the President considers appropriate to fully inform the Con- gress concerning the operation of the pro- grams and activities carried out under sec- tions 5853 and 5854 of this title and the amend- ments made by section 506(a).1 (c) Appropriate congressional committees As used in this section— Page 1720 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5859 (1) the term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations of the Senate, the Committee on Foreign Af- fairs of the House of Representatives, and the Committees on Appropriations of the House and the Senate, wherever the account, budget activity, or program is funded from appropriations made under the international affairs budget function (150); (B) the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives, wherever the account, budget activity, or program is funded from appropriations made under the national defense budget function (050); and (2) the committee to which the specified ac- tivities of section 5853(a) or 5854(a) of this title or subtitle B 1 of the Soviet Nuclear Threat Reduction Act of 1991 (as the case may be), if the subject of separate legislation, would be referred, under the rules of the respective House of Congress. (Pub. L. 102–511, title V, § 508, Oct. 24, 1992, 106 Stat. 3342.) Editorial Notes REFERENCES IN TEXT Section 506(a), referred to in subsecs. (a) and (b), is section 506(a) of Pub. L. 102–511, which was classified to section 5856(a) of this title and was omitted from the Code. Section 506(a) directed amendment of section 221 of Pub. L. 102–228, which was set out in a note under section 2551 of this title, but did not become effective, pursuant to section 5856(c) of this title. Section 221 of Pub. L. 102–228 was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(1), Dec. 19, 2014, 128 Stat. 3606. The Soviet Nuclear Threat Reduction Act of 1991, re- ferred to in subsec. (c)(2), is title II of Pub. L. 102–228, Dec. 12, 1991, 105 Stat. 1693. The reference to subtitle B of the Act probably means part B of the Act because title II of Pub. L. 102–228 does not contain a subtitle B. Part B was set out in a note under section 2551 of this title and was comprised of sections 211 and 212, which were repealed, respectively, by Pub. L. 110–181, div. A, title XIII, § 1304(a)(1)(A), Jan. 28, 2008, 122 Stat. 412, and Pub. L. 113–291, div. A, title XIII, § 1351(1), Dec. 19, 2014, 128 Stat. 3606. For complete classification of this Act to the Code, see Tables. Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of the President under this section, see Memorandum of President of the United States, Apr. 21, 1994, 59 F.R. 21619, set out as a note under section 5854 of this title. Authority of President under this section delegated to Secretary of Defense by section 2 of Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 3193, set out as a note under section 5852 of this title. § 5859. International nonproliferation initiative (a) to (e) Omitted (f) Avoidance of duplicative authorizations This section shall not apply if the National Defense Authorization Act for Fiscal Year 1993 enacts the same authorities and requirements as are contained in this section and authorizes the appropriation of the same (or a greater) amount to carry out such authorities. (Pub. L. 102–511, title V, § 509, Oct. 24, 1992, 106 Stat. 3343.) Editorial Notes REFERENCES IN TEXT The National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (f), is Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2315. For complete classification of this Act to the Code, see Tables. See Codification note below. CODIFICATION Section is comprised of section 509 of Pub. L. 102–511. Subsecs. (a) to (e) were omitted pursuant to subsec. (f) because section 1505 of the National Defense Authoriza- tion Act for Fiscal Year 1993, Pub. L. 102–484, which is classified to section 5859a of this title, enacted the same authorities and requirements as contained in sub- secs. (a) to (e) and authorized the appropriation of the same or a greater amount to carry out such authori- ties. § 5859a. International nonproliferation initiative (a) Assistance for international nonproliferation activities Subject to the limitations and requirements provided in this section, the Secretary of De- fense, under the guidance of the President, may provide assistance to support international non- proliferation activities. (b) Activities for which assistance may be pro- vided Activities for which assistance may be pro- vided under this section are activities such as the following: (1) Activities carried out by international organizations that are designed to ensure more effective safeguards against proliferation and more effective verification of compliance with international agreements on non- proliferation. (2) Activities of the Department of Defense in support of the United Nations Special Com- mission on Iraq (or any successor organiza- tion). (3) Collaborative international nuclear secu- rity and nuclear safety projects to combat the threat of nuclear theft, terrorism, or acci- dents, including joint emergency response ex- ercises, technical assistance, and training. (4) Efforts to improve international coopera- tive monitoring of nuclear, biological, chem- ical, and missile proliferation through tech- nical projects and improved information shar- ing. (c) Form of assistance (1) Assistance under this section may include funds and in-kind contributions of supplies, equipment, personnel, training, and other forms of assistance. (2) Assistance under this section may be pro- vided to international organizations in the form of funds only if the amount in the ‘‘Contribu- tions to International Organizations’’ account of the Department of State is insufficient or other- wise unavailable to meet the United States fair share of assessments for international nuclear nonproliferation activities. (3) No amount may be obligated for an expend- iture under this section unless the Director of