50 U.S.C. § 2911: Proliferation Security…

Summary

Congress says the President should work to expand and strengthen the Proliferation Security Initiative (PSI) that was announced May 31, 2003. Congress wants the President to order the right agencies to set clear PSI roles and structures, ask for PSI funding in each agency’s yearly budget, and give needed resources. Congress also wants more international cooperation, action on the Government Accountability Office’s September 2006 recommendations about clearer roles, rules, communication, and measuring results, and a multilateral way for partner countries to coordinate and follow PSI rules. Each year the President must include, in the budget request for every U.S. agency taking part, a description of the PSI funding and the activities planned. Not later than 180 days after August 3, 2007, the President must send a report to the House and Senate Armed Services and Foreign Affairs/Foreign Relations committees describing steps taken on the GAO recommendations and progress on the listed goals. The GAO must also report to Congress on PSI in fiscal years 2007, 2009, and 2011, assessing progress and effectiveness.

Title 50, §2911

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(a)Sense of Congress

It is the sense of Congress, consistent with the 9/11 Commission’s recommendations, that the President should strive to expand and strengthen 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 relevant United States Government agencies and departments that directs such agencies and departments to—

(A)establish clear PSI authorities, responsibilities, 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 performance of United States PSI-related activities.

(2)Increasing PSI cooperation with all countries.

(3)Implementing the recommendations of the Government Accountability Office (GAO) in the September 2006 report titled “Better Controls Needed to Plan and Manage Proliferation Security Initiative Activities” (GAO–06–937C) regarding the following:

(A)The Department of Defense and the Department of State should establish clear PSI roles and responsibilities, policies and procedures, interagency communication mechanisms, documentation requirements, and indicators to measure program results.

(B)The Department of Defense and the Department of State should develop a strategy to work with PSI-participating countries to resolve issues that are impediments to conducting successful PSI interdictions.

(4)Establishing a multilateral mechanism to increase coordination, cooperation, and compliance 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 description 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 Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the implementation of this section. The report shall include—

(1)the steps taken to implement the recommendations 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 referred to in subsection (a).

Notes & Related Subsidiaries

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, respectively. 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 Recommendations of the 9/11 Commission Act of 2007 (Public 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.

§2911 Proliferation Security Initiative Improvements and Authorities