§2912 — Title 50 War and National Defense | U.S. Code

Summary

The President can give help to a country that works with the United States and its allies to stop the movement or transfer of items of proliferation concern (things that could help spread weapons) in its land, airspace, or on ships it controls or registers. The help can come from three sources: a specific foreign assistance authority (22 U.S.C. 2763), programs in chapters 4 and 5 of the Foreign Assistance Act, and by sending excess defense items under section 516 (22 U.S.C. 2321j). The President must notify certain congressional committees and wait 30 days after that notice, and must certify the aid will be used as required. Aid can be given for no more than 3 fiscal years. The aid must be used to build the country’s ability to stop those shipments and transfers. That includes making laws to criminalize proliferation, creating strict export controls, securing sensitive materials, and improving cooperation in PSI operations. The President generally may not transfer an excess vessel or aircraft to a country until 30 days after notifying the same committees unless the country agrees to help interdict proliferation. The 30-day rule does not apply to transfers (not involving major military equipment) whose main use is counternarcotics, counterterrorism, or counter‑proliferation.

Title 50, §2912

War and National Defense — Source: USLM XML via OLRC

(a)The President is authorized to provide assistance 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 control or registry.

(b)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.

(3)Drawdown of defense 11 So in original. The word “defense” probably should not appear before “excess”. excess defense articles and services under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

(c)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 Committee on Appropriations of the House of Representatives and the Committee on Armed Services, 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 committees that such assistance will be used in accordance with the requirement of subsection (e) of this section.

(d)Assistance may be provided to a country under subsection (a) in no more than 3 fiscal years.

(e)Assistance provided under this section shall be used to enhance the capability of the recipient country to prevent the transport and transshipment 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 criminalizing proliferation, enacting strict export controls, and securing sensitive materials within its borders, and to enhance the ability of the recipient country to cooperate in PSI operations.

(f)(1)Except as provided in paragraph (2), the President may not transfer any excess defense article that is a vessel or an aircraft to a country 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 proliferation concern until 30 days after the date on which the President has provided notice of the proposed transfer to the committees described in subsection (c) 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)), in addition to any other requirement of law.

(2)The limitation in paragraph (1) shall not apply to any transfer, not involving significant military equipment, in which the primary use of the aircraft or vessel will be for counternarcotics, counterterrorism, or counter-proliferation purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (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 generally 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 classification of this Act to the Code, see

Short Title

note set out under section 2151 of Title 22 and Tables.

§2912 Authority to Provide Assistance to Cooperative Countries