§ 5858 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1222

1See References in Text note below.

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) of this section.

(b) Exceptions

Subsection (a) of this section does not apply

with respect to—

(1) this subchapter; and

(2) section 1341 of title 31 (commonly referred to as the ‘‘Anti-Deficiency Act’’), the

Congressional Budget and Impoundment Control 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.)

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, as amended. For complete classification 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, as amended,

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42, The Public Health and Welfare, repealed section 661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, enacted provisions set out as notes under

section 900 of Title 2 and section 911 of Title 42, and

amended provisions 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 Amendment note set out under section 900 of Title 2 and

Tables.

§ 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 congressional committees a report on the proposed

obligation. Each such report shall specify—

(1) the account, budget activity, and particular program or programs from which the funds

proposed to be obligated are to be derived and

the amount of the proposed obligations; 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 transmit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate,

and the appropriate congressional committees a

report on the activities carried out under sections 5853 and 5854 of this title and the amendments 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 expended.

(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 Congress concerning the operation of the programs and activities carried out under sections 5853 and 5854 of this title and the amendments made by section 506(a).1

(c) Appropriate congressional committees

As used in this section—

(1) the term ‘‘appropriate congressional committees’’ means—

(A) the Committee on Foreign Relations of

the Senate, the Committee on Foreign Affairs 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 activities of section 5853(a) or 5854(a) of this title

or subtitle B 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.)

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, set out as a note under section 2551

of this title, but did not become effective, pursuant to

section 5856(c) of this title.

The Soviet Nuclear Threat Reduction Act of 1991, referred 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 title II of Pub. L.

102–228, which is set out as a note under section 2551 of

this title. Title II of Pub. L. 102–228 does not contain a

subtitle B. For complete classification of this Act to

the Code, see Tables.

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives and

Committee on Armed Services of House of Representatives treated as referring to Committee on National Se-
Page 1223 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5859a

curity of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5856 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.)

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 Authorization 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 subsecs. (a) to (e) and authorized the appropriation of the

same or a greater amount to carry out such authorities.

§ 5859a. International nonproliferation initiative

(a) Assistance for international nonproliferation

activities

Subject to the limitations and requirements

provided in this section, the Secretary of Defense, under the guidance of the President, may

provide assistance to support international nonproliferation activities.

(b) Activities for which assistance may be provided

Activities for which assistance may be provided 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 nonproliferation.

(2) Activities of the Department of Defense

in support of the United Nations Special Commission on Iraq.

(3) Collaborative international nuclear security and nuclear safety projects to combat the

threat of nuclear theft, terrorism, or accidents, including joint emergency response exercises, technical assistance, and training.

(4) Efforts to improve international cooperative monitoring of nuclear, biological, chemical, and missile proliferation through technical projects and improved information sharing.

(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 provided to international organizations in the form

of funds only if the amount in the ‘‘Contributions to International Organizations’’ account of

the Department of State is insufficient or otherwise unavailable to meet the United States fair

share of assessments for international nuclear

nonproliferation activities.

(3) No amount may be obligated for an expenditure under this section unless the Director of

the Office of Management and Budget determines that the expenditure will be counted as

discretionary spending in the national defense

budget function (function 050).

(4) No assistance may be furnished under this

section unless the Secretary of Defense determines and certifies to the Congress 30 days in

advance that the provision of such assistance—

(A) is in the national security interest of the

United States; and

(B) will not adversely affect the military

preparedness of the United States.

(5) The authority to provide assistance under

this section in the form of funds may be exercised only to the extent and in the amounts provided in advance in appropriations Act.

(d) Sources of assistance

(1) Funds provided as assistance under this

section for any fiscal year shall be derived from

amounts made available to the Department of

Defense for that fiscal year. Funds provided as

assistance under this section for a fiscal year

may also be derived from balances in working

capital accounts of the Department of Defense.

(2) Supplies and equipment provided as assistance under this section may be provided, by loan

or donation, from existing stocks of the Department of Defense and the Department of Energy.

(3) The total amount of the assistance provided in the form of funds under this section, including funds used for activities of the Department of Defense in support of the United Nations Special Commission on Iraq, may not exceed $25,000,000 for fiscal year 1994, $20,000,000 for

fiscal year 1995, $15,000,000 for fiscal year 1996,

$15,000,000 for fiscal year 1997, or $15,000,000 for

fiscal year 1998.

(4)(A) In the event of a significant unforeseen

development related to the activities of the

United Nations Special Commission on Iraq for

which the Secretary of Defense determines that

financial assistance under this section is required at a level which would result in the total

amount of assistance provided under this section during the then-current fiscal year exceeding the amount specified with respect to that