SUBCHAPTER IV—NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

§5851. Findings

The Congress finds that it is in the national security interest of the United States—

(1) to facilitate, on a priority basis—

(A) the transportation, storage, safeguarding, and destruction of nuclear and other weapons of mass destruction of the independent states of the former Soviet Union;

(B) the prevention of proliferation of weapons of mass destruction and destabilizing conventional weapons of the independent states, and the establishment of verifiable safeguards against the proliferation of such weapons;

(C) the prevention of diversion of weapons-related scientific expertise of the former Soviet Union to terrorist groups or third countries; and

(D) other efforts designed to reduce the military threat from the former Soviet Union;

(2) to support the conversion of the massive defense-related industry and equipment of the independent states of the former Soviet Union for civilian purposes and uses; and

(3) to expand military-to-military contacts between the United States and the independent states.

(Pub. L. 102–511, title V, §501, Oct. 24, 1992, 106 Stat. 3338.)

§5852. Eligibility

Funds may be obligated for a fiscal year for assistance or other programs or activities for an independent state of the former Soviet Union under sections 5853 and 5854 of this title only if the President has certified to the Congress, during that fiscal year, that such independent state is committed to—

(1) making a substantial investment of its resources for dismantling or destroying such weapons of mass destruction, if that independent state has an obligation under a treaty or other agreement to destroy or dismantle any such weapons;

(2) forgoing any military modernization program that exceeds legitimate defense requirements and forgoing the replacement of destroyed weapons of mass destruction;

(3) forgoing any use in new nuclear weapons of fissionable or other components of destroyed nuclear weapons; and

(4) facilitating United States verification of any weapons destruction carried out under section 5853(a) or 5854(a) of this title or section 212 of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102–228; 22 U.S.C. 2551 note).

(Pub. L. 102–511, title V, §502, Oct. 24, 1992, 106 Stat. 3338.)

Editorial Notes

References in Text

Section 212 of the Soviet Nuclear Threat Reduction Act of 1991, referred to in par. (4), is section 212 of Pub. L. 102–228, title II, Dec. 12, 1991, 105 Stat. 1693, 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.

Statutory Notes and Related Subsidiaries

Inapplicability to Cooperative Threat Reduction Programs

Pub. L. 110–181, div. A, title XIII, §1304(b), Jan. 28, 2008, 122 Stat. 413, provided that: "Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program."

Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 110–181

Pub. L. 110–181, div. A, title XIII, §1301(a), Jan. 28, 2008, 122 Stat. 410, provided that: "For purposes of section 301 [122 Stat. 53] and other provisions of this Act [see Tables for classification], Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 [Pub. L. 104–201] ([former] 50 U.S.C. 2362 note), as amended by section 1303 of this Act."

Executive Documents

Delegation of Authority

Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 3193, provided:

Memorandum for the Secretary of State, the Secretary of Defense [and] the Director, Office of Management & Budget

By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate:

1. to the Secretary of State the authority and duty vested in the President under section 1412(d) of the Former Soviet Union Demilitarization Act of 1992 (title XIV of the National Defense Authorization Act for Fiscal Year 1993, Public Law 102–484) [former 22 U.S.C. 5902(d)] and section 502 of the Freedom Support Act (Public Law 102–511 [22 U.S.C. 5852].

2. to the Secretary of Defense the authorities and duties vested in the President under sections 1412(a), 1431, and 1432 of Public Law 102–484 [22 U.S.C. former 5902(a), former 5921, 5922] and sections 503 and 508 of Public Law 102–511 [22 U.S.C. 5853, 5858].

The Secretary of Defense shall not exercise authority delegated by paragraph 2 hereof with respect to any former Soviet republic unless the Secretary of State has exercised his authority and performed the duty delegated by paragraph 1 hereof with respect to that former Soviet Republic. The Secretary of Defense shall not obligate funds in the exercise of authority delegated by paragraph 2 hereof unless the Director of the Office of Management and Budget has determined that expenditures during fiscal year 1993 pursuant to such obligation shall be counted against the defense category of discretionary spending limits for that fiscal year (as defined in section 601(a)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 665(a)(2)]) for purposes of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].

The Secretary of State is directed to publish this memorandum in the Federal Register.

George Bush.      

§5853. Nonproliferation and disarmament activities in independent states

(a) Authorization

The President is authorized to promote bilateral and multilateral nonproliferation and disarmament activities—

(1) by supporting the dismantlement and destruction of nuclear, biological, and chemical weapons, their delivery systems, and conventional weapons of the independent states of the former Soviet Union;

(2) by supporting bilateral and multilateral efforts to halt the proliferation of nuclear, biological, and chemical weapons, their delivery systems, related technologies, and other weapons of the independent states, including activities such as—

(A) the storage, transportation, and safeguarding of such weapons, and

(B) the purchase, barter, or other acquisition of such weapons or materials derived from such weapons;

(3) by establishing programs for safeguarding against the proliferation of nuclear, biological, chemical, and other weapons of the independent states;

(4) by establishing programs for preventing diversion of weapons-related scientific and technical expertise of the independent states to terrorist groups or to third countries;

(5) by establishing science and technology centers in the independent states for the purpose of engaging weapons scientists and engineers of the independent states (in particular those who were previously involved in the design and production of nuclear, biological, and chemical weapons) in productive, nonmilitary undertakings; and

(6) by establishing programs for facilitating the conversion of military technologies and capabilities and defense industries of the former Soviet Union into civilian activities.

(b) Funding priorities

Priority in carrying out this section shall be given to the activities described in paragraphs (1) through (5) of subsection (a).

(c) Use of defense funds

(1) Authorization

In recognition of the direct contributions to the national security interests of the United States of the programs and activities authorized by subsection (a), the President is authorized to make available for use in carrying out those programs and activities, in addition to amounts otherwise available for such purposes, funds made available pursuant to sections 108 and 109 of Public Law 102–229 or under the amendments made by section 506(a) of this Act.

(2) Limitation

Funds described in paragraph (1) may not be obligated for programs and activities under subsection (a) unless the Director of the Office of Management and Budget has determined that expenditures during fiscal year 1993 pursuant to such obligation shall be counted against the defense category of the discretionary spending limits for that fiscal year (as defined in section 665(a)(2) ¹ of title 2) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].

(Pub. L. 102–511, title V, §503, Oct. 24, 1992, 106 Stat. 3338.)

Editorial Notes

References in Text

Sections 108 and 109 of Public Law 102–229, referred to in subsec. (c)(1), are sections 108 and 109 of Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1708, which are not classified to the Code.

Section 506(a) of this Act, referred to in subsec. (c)(1), 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 and was repealed by Pub. L. 113–291, div. A, title XIII, §1351(1), Dec. 19, 2014, 128 Stat. 3606.

Section 665 of title 2, referred to in subsec. (c)(2), was repealed by Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695.

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c)(2), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038. Part C of the Act is classified generally to subchapter I (§900 et seq.) of chapter 20 of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.

Statutory Notes and Related Subsidiaries

Transfer of Funding for Science and Technology Centers in the Former Soviet Union

Pub. L. 106–113, div. B, §1000(a)(7) [div. B, title XI, §1138], Nov. 29, 1999, 113 Stat. 1536, 1501A-496, provided that:

"(a) Authorization.—For fiscal year 2001 and subsequent fiscal years, funds made available under 'Nonproliferation, Antiterrorism, Demining, and Related Programs' accounts in annual foreign operations appropriations Acts are authorized to be available for science and technology centers in the independent states of the former Soviet Union assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) or section 1412(b)(5) [former 22 U.S.C. 5902(b)(5)] of the Former Soviet Union Demilitarization Act of 1992 (title XIV of Public Law 102–484; 22 U.S.C. 5901 et seq.), including the use of those and other funds by any Federal agency having expertise and programs related to the activities carried out by those centers, including the Departments of Agriculture, Commerce, and Health and Human Services and the Environmental Protection Agency.

"(b) Availability of Funds.—Amounts made available under any provision of law for the activities described in subsection (a) shall be available until expended and may be used notwithstanding any other provision of law."

Research and Exchange Activities by Science and Technology Centers

Pub. L. 106–113, div. B, §1000(a)(7) [div. B, title XI, §1139], Nov. 29, 1999, 113 Stat. 1536, 1501A-496, provided that:

"(a) In General.—Support for science and technology centers in the independent states of the former Soviet Union, as authorized by section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and section 1412(b) [former 22 U.S.C. 5902(b)] of the Former Soviet Union Demilitarization Act of 1992 (title XIV of Public Law 102–484, 22 U.S.C. 5901 et seq.), is authorized for activities described in subsection (b) to support the redirection of former Soviet weapons scientists, especially those with expertise in weapons of mass destruction (nuclear, radiological, chemical, biological), missile and other delivery systems, and other advanced technologies with military applications.

"(b) Activities Supported.—Activities supported under subsection (a) include—

"(1) any research activity involving the participation of former Soviet weapons scientists and civilian scientists and engineers, if the participation of the weapons scientists predominates; and

"(2) any program of international exchanges that would provide former Soviet weapons scientists exposure to, and the opportunity to develop relations with, research and industry partners."

Executive Documents

Delegation of Authority

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.

¹ See References in Text note below.

§5854. Nonproliferation and disarmament fund

(a) Authorization

The President is authorized to promote bilateral and multilateral nonproliferation and disarmament activities—

(1) by supporting the dismantlement and destruction of nuclear, biological, and chemical weapons, their delivery systems, and conventional weapons;

(2) by supporting bilateral and multilateral efforts to halt the proliferation of nuclear, biological, and chemical weapons, their delivery systems, related technologies, and other weapons, including activities such as—

(A) the storage, transportation, and safeguarding of such weapons, and

(B) the purchase, barter, or other acquisition of such weapons or materials derived from such weapons;

(3) by establishing programs for safeguarding against the proliferation of nuclear, biological, chemical, and other weapons of the independent states of the former Soviet Union;

(4) by establishing programs for preventing diversion of weapons-related scientific and technical expertise of the independent states to terrorist groups or to third countries;

(5) by establishing science and technology centers in the independent states for the purpose of engaging weapons scientists and engineers of the independent states (in particular those who were previously involved in the design and production of nuclear, biological, and chemical weapons) in productive, nonmilitary undertakings; and

(6) by establishing programs for facilitating the conversion of military technologies and capabilities and defense industries of the former Soviet Union into civilian activities.

(b) Funding priorities

Priority in carrying out this section shall be given to the activities described in paragraphs (1) through (5) of subsection (a).

(c) Use of security assistance funds

(1) Authorization

In recognition of the direct contributions to the national security interests of the United States of the programs and activities authorized by subsection (a), the President is authorized to make available for use in carrying out those programs and activities, in addition to amounts otherwise available for such purposes, up to $100,000,000 of security assistance funds for fiscal year 1993.

(2) "Security assistance funds" defined

As used in paragraph (1), the term "security assistance funds" means funds made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] (relating to the Economic Support Fund) or assistance under section 2763 of this title (relating to the "Foreign Military Financing Program").

(3) Exemption from certain restrictions

Section 531(e) of the Foreign Assistance Act of 1961 [22 U.S.C. 2346(e)], and any provision that corresponds to section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (relating to the prohibition on financing exports of nuclear equipment, fuel, and technology), shall not apply with respect to funds used pursuant to this subsection.

(Pub. L. 102–511, title V, §504, Oct. 24, 1992, 106 Stat. 3339.)

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (c)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 4 of part II of the Act is classified to part IV (§2346 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, referred to in subsec. (c)(3), is section 510 of Pub. L. 101–513, title V, Nov. 5, 1991, 104 Stat. 2003, which is not classified to the Code.

Executive Documents

Delegation of Authority With Respect to Allocation and Administration of Nonproliferation and Disarmament Fund

Memorandum of President of the United States, Apr. 21, 1994, 59 F.R. 21619, provided:

Memorandum for the Secretary of State [and] the Secretary of Defense

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 504 and 508 [22 U.S.C. 5854, 5858] of the FREEDOM Support Act (Public Law 102–511) (the "Act"), title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87) [107 Stat. 941] and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

1. The authorities and duties vested in the President under section 504 of the Act [22 U.S.C. 5854] are hereby delegated to the Secretary of State. These authorities and duties shall be exercised in consultation with the Secretary of Defense and other appropriate agencies. The Secretary of State may, to the extent consistent with law, redelegate such authorities and duties and authorize their successive redelegation.

2. Notwithstanding the Presidential Memorandum of December 30, 1992 [22 U.S.C. 5852 note] (Delegation of Responsibilities under Title XIV of Public Law 102–484 and Title V of Public Law 102–511), the Secretary of State is hereby delegated the duties vested in the President under section 508 of the Act [22 U.S.C. 5858] insofar as those duties relate to notice of and reports on obligations and activities under section 504 of the Act [22 U.S.C. 5854].

3. Funds appropriated or otherwise made available to the President for a "Nonproliferation and Disarmament Fund" authorized under section 504 of the Act [22 U.S.C. 5854] shall be deemed to be allocated to the Secretary of State without any further action of the President. Such funds may be reallocated or transferred as appropriate by the Secretary of State to any agency or part thereof for obligation or expenditure consistent with applicable law.

The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.      

§5855. Limitations on defense conversion authorities

Notwithstanding any other provision of law (including any other provision of this Act), funds may not be obligated in any fiscal year for purposes of facilitating the conversion of military technologies and capabilities and defense industries of the former Soviet Union into civilian activities, as authorized by sections 5853(a)(6) and 5854(a)(6) of this title or any other provision of law, unless the President has previously obligated in the same fiscal year an amount equal to or greater than that amount of funds for defense conversion and defense transition activities in the United States. For purposes of this section, the term "defense conversion and defense transition activities in the United States" means those United States Government funded programs whose primary purpose is to assist United States private sector defense workers, United States companies that manufacture or otherwise provide defense goods or services, or United States communities adversely affected by reductions in United States defense spending, such as programs funded through the Office of Economic Adjustment in the Department of Defense or through the Economic Development Administration.

(Pub. L. 102–511, title V, §505, Oct. 24, 1992, 106 Stat. 3340; Pub. L. 105–277, div. A, §101(f) [title IV, §405(d)(20)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-422.)

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, known as the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 and also as the FREEDOM Support Act. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

Amendments

1998—Pub. L. 105–277 substituted "or through" for ", through the Defense Conversion Adjustment Program (as authorized by the Job Training Partnership Act), or through" in last sentence.

§5856. Soviet weapons destruction

(a), (b) Omitted

(c) Avoidance of duplicative amendments

The amendments made by this section shall not be effective if the National Defense Authorization Act for Fiscal Year 1993 enacts an amendment to section 221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that authorizes the transfer of an amount that is the same or greater than the amount that is authorized 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, Codification 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 amendments 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 provide 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 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.)

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 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, 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 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, 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 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.

¹ See References in Text note below.

§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 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 (or any successor organization).

(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 (or any successor organization) 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 of any limitation provided by law on the total amount of such assistance for that fiscal year, the Secretary of Defense may provide such assistance with respect to that fiscal year notwithstanding that limitation. Funds for such purpose may be derived from any funds available to the Department of Defense for that fiscal year.

(B) Financial assistance may be provided under subparagraph (A) only after the Secretary of Defense provides notice in writing to the committees of Congress named in subsection (e)(2) of the significant unforeseen development and of the Secretary's intent to provide assistance in excess of the limitation for that fiscal year. However, if the Secretary determines in any case that under the specific circumstances of that case advance notice is not possible, such notice shall be provided as soon as possible and not later than 15 days after the date on which the assistance is provided. Any notice under this subparagraph shall include a description of the development, the amount of assistance provided or to be provided, and the source of the funds for that assistance.

(e) Quarterly report

(1) Not later than 30 days after the end of each quarter of a fiscal year during which the authority of the Secretary of Defense to provide assistance under this section is in effect, the Secretary of Defense shall transmit to the committees of Congress named in paragraph (2) a report of the activities to reduce the proliferation threat carried out under this section. Each report shall set forth (for the preceding quarter and cumulatively)—

(A) the amounts spent for such activities and the purposes for which they were spent;

(B) a description of the participation of the Department of Defense and the Department of Energy and the participation of other Government agencies in those activities; and

(C) a description of the activities for which the funds were spent.

(2) The committees of Congress to which reports under paragraph (1) are to be transmitted are—

(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Armed Services, the Committee on Appropriations, the Committee on International Relations, and the Committee on Commerce of the House of Representatives.

(f) Termination of authority

The authority of the Secretary of Defense to provide assistance under this section terminates at the close of fiscal year 2003.

(Pub. L. 102–484, div. A, title XV, §1505, Oct. 23, 1992, 106 Stat. 2569; Pub. L. 103–160, div. A, title XI, §1182(c)(5), title XVI, §1602, Nov. 30, 1993, 107 Stat. 1772, 1843; Pub. L. 103–337, div. A, title X, §1070(c)(1), title XV, §1501, Oct. 5, 1994, 108 Stat. 2857, 2914; Pub. L. 104–106, div. A, title XIV, §1403, title XV, §1502(c)(2)(B), Feb. 10, 1996, 110 Stat. 489, 507; Pub. L. 104–201, div. A, title XIII, §1301, Sept. 23, 1996, 110 Stat. 2700; Pub. L. 105–85, div. A, title XIII, §1308, Nov. 18, 1997, 111 Stat. 1956; Pub. L. 105–261, div. A, title XV, §1531(b), Oct. 17, 1998, 112 Stat. 2180; Pub. L. 106–65, div. A, title X, §1067(8), title XV, §1505(b), (c), Oct. 5, 1999, 113 Stat. 774, 808; Pub. L. 106–398, §1 [[div. A], title XII, §1201(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-324; Pub. L. 107–107, div. A, title XII, §1203(b), Dec. 28, 2001, 115 Stat. 1246; Pub. L. 107–314, div. A, title XII, §1204(b), Dec. 2, 2002, 116 Stat. 2664.)

Editorial Notes

Codification

Section was enacted as part of the Weapons of Mass Destruction Control Act of 1992 and also as part of the National Defense Authorization Act for Fiscal Year 1993, and not as part of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 or Freedom Support Act which comprises this chapter.

Amendments

2002—Subsec. (f). Pub. L. 107–314 substituted "2003" for "2002".

2001—Subsec. (f). Pub. L. 107–107 substituted "2002" for "2001".

2000—Subsec. (f). Pub. L. 106–398 substituted "2001" for "2000".

1999—Subsec. (b)(2). Pub. L. 106–65, §1505(c)(1), inserted "(or any successor organization)" after "United Nations Special Commission on Iraq".

Subsec. (d)(4)(A). Pub. L. 106–65, §1505(c)(2)(A), in first sentence, inserted "(or any successor organization)" after "United Nations Special Commission on Iraq" and substituted "the amount of any limitation provided by law on the total amount of such assistance for that fiscal year, the Secretary of Defense may provide such assistance with respect to that fiscal year notwithstanding that limitation." for "the amount specified with respect to that year under paragraph (3), the Secretary of Defense may provide such assistance notwithstanding the limitation with respect to that fiscal year under paragraph (3)."

Subsec. (d)(4)(B). Pub. L. 106–65, §1505(c)(2)(B), struck out "under paragraph (3)" after "for that fiscal year".

Subsec. (e)(2)(B). Pub. L. 106–65, §1067(8), substituted "Committee on Armed Services" for "Committee on National Security".

Subsec. (f). Pub. L. 106–65, §1505(b), substituted "2000" for "1999".

1998—Subsec. (f). Pub. L. 105–261 substituted "1999" for "1998".

1997—Subsec. (d)(3). Pub. L. 105–85, §1308(1), struck out "or" after "fiscal year 1996," and inserted ", or $15,000,000 for fiscal year 1998" before period at end.

Subsec. (f). Pub. L. 105–85, §1308(2), substituted "1998" for "1997".

1996—Subsec. (a). Pub. L. 104–106, §1403(a)(1), struck out "during fiscal years 1994 and 1995" before "the Secretary of Defense".

Subsec. (b)(2). Pub. L. 104–106, §1403(b)(1), substituted "the Department of Defense" for "the On-Site Inspection Agency".

Subsec. (c)(3). Pub. L. 104–106, §1403(b)(2), substituted "will be counted as discretionary spending in the national defense budget function (function 050)." for "will be counted against the defense category of the discretionary spending limits for fiscal year 1993 (as defined in section 665(a)(2) of title 2) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985."

Subsec. (d)(1). Pub. L. 104–106, §1403(c)(1)(A), (B), substituted "for any fiscal year shall be derived from amounts made available to the Department of Defense for that fiscal year." for "for fiscal year 1994 shall be derived from amounts made available to the Department of Defense for fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived from amounts made available to the Department of Defense for fiscal year 1995." and struck out "referred to in this paragraph" after "for a fiscal year".

Subsec. (d)(3). Pub. L. 104–201, §1301(a)(1), struck out "or" after "fiscal year 1995," and inserted ", or $15,000,000 for fiscal year 1997" before period at end.

Pub. L. 104–106, §1403(b)(1), (c)(2), struck out "may not exceed $$25,000,000 for fiscal year 1994 or $20,000,000 for fiscal year 1995" after "under this section", substituted "the Department of Defense" for "the On-Site Inspection Agency", and inserted before period at end ", may not exceed $25,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, or $15,000,000 for fiscal year 1996".

Subsec. (d)(4). Pub. L. 104–201, §1301(b), added par. (4).

Subsec. (e)(1). Pub. L. 104–106, §1403(a)(2), substituted "a fiscal year during which the authority of the Secretary of Defense to provide assistance under this section is in effect" for "fiscal years 1994 and 1995".

Subsec. (e)(2)(B). Pub. L. 104–106, §1502(c)(2)(B), substituted "the Committee on National Security, the Committee on Appropriations, the Committee on International Relations, and the Committee on Commerce" for "the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Energy and Commerce".

Subsec. (f). Pub. L. 104–201, §1301(a)(2), substituted "1997" for "1996".

Pub. L. 104–106, §1403(a)(3), added subsec. (f).

1994—Subsec. (a). Pub. L. 103–337, §1501(a)(1), substituted "fiscal years 1994 and 1995" for "fiscal year 1994".

Subsec. (b)(1). Pub. L. 103–337, §1501(b)(1), substituted "international organizations" for "the International Atomic Energy Agency (IAEA)", struck out "nuclear" after "safeguards against", and substituted "effective verification" for "aggressive verification" and "international agreements on nonproliferation" for "the Treaty on the Non-Proliferation of Nuclear Weapons, done on July 1, 1968".

Subsec. (b)(4). Pub. L. 103–337, §1501(b)(2), substituted "nuclear, biological, chemical, and missile proliferation through technical projects and improved information sharing" for "nuclear proliferation through joint technical projects and improved intelligence sharing".

Subsec. (d)(1). Pub. L. 103–337, §1501(c)(1), inserted "for fiscal year 1994" after "under this section" and substituted "fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived from amounts made available to the Department of Defense for fiscal year 1995. Funds provided as assistance under this section for a fiscal year referred to in this paragraph may also be derived" for "fiscal year 1994 or".

Subsec. (d)(3). Pub. L. 103–337, §1501(c)(2), inserted "for fiscal year 1994 or $20,000,000 for fiscal year 1995".

Subsec. (e)(1). Pub. L. 103–337, §1501(a), substituted "fiscal years 1994 and 1995" for "fiscal year 1994".

Subsec. (e)(2). Pub. L. 103–337, §1070(c)(1), which directed amendment of subsec. (e)(2) by striking out "and under subsection (d)(4) of this section" effective as of Oct. 23, 1992, and as if included in the National Defense Authorization Act for Fiscal Year 1993 (Pub. L. 102–484), as enacted, was executed to subsec. (e)(2) as amended by Pub. L. 103–160, §1182(c)(5), to reflect the probable intent of Congress. See 1993 Amendment note below.

1993—Subsecs. (a), (d)(1). Pub. L. 103–160, §1602(a), substituted "fiscal year 1994" for "fiscal year 1993".

Subsec. (d)(3). Pub. L. 103–160, §1602(b)(2), struck out at end "Of such amount, not more than $20,000,000 may be used for the activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq."

Pub. L. 103–160, §1602(b)(1), substituted "$25,000,000, including funds used for activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq" for "40,000,000".

Subsec. (d)(4). Pub. L. 103–160, §1602(c), struck out par. (4) which read as follows: "Not less than 30 days before obligating any funds to provide assistance under this section, the Secretary of Defense shall transmit to the committees of Congress named in subsection (e)(2) of this section a report on the proposed obligation. Each such report shall specify—

"(A) 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 obligation; and

"(B) the activities and forms of assistance for which the Secretary of Defense plans to obligate the funds."

Subsec. (e)(1). Pub. L. 103–160, §1602(a), substituted "fiscal year 1994" for "fiscal year 1993".

Subsec. (e)(2). Pub. L. 103–160, §1182(c)(5), substituted "(d)(4)" for "(d)(2)" in introductory provisions.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title X, §1070(c), Oct. 5, 1994, 108 Stat. 2857, provided in part that the amendment made by that section is effective as of Oct. 23, 1992, and as if included in the National Defense Authorization Act for Fiscal Year 1993, Pub. L. 102–484, as enacted.

§5860. Report on special nuclear materials

Not later than 180 days after October 24, 1992, the Secretary of State shall prepare, in consultation with the Secretary of Defense and the Secretary of Energy, and shall transmit to the Congress a report on the possible alternatives for the ultimate disposition of special nuclear materials of the former Soviet Union. This report shall include—

(1) a cost-benefit analysis comparing (A) the relative merits of the indefinite storage and safeguarding of such materials in the independent states of the former Soviet Union and (B) its acquisition by the United States by purchase, barter, or other means;

(2) a discussion of relevant issues such as the protection of United States uranium producers from dumping, the relative vulnerability of these stocks of special nuclear materials to illegal proliferation, and the potential electrical and other savings associated with their being made available in the fuel cycle in the United States; and

(3) a discussion of how highly enriched uranium stocks could be diluted for reactor fuel.

(Pub. L. 102–511, title V, §510, Oct. 24, 1992, 106 Stat. 3344.)

§5861. Research and Development Foundation

(a) Establishment

The Director of the National Science Foundation (hereinafter in this section referred to as the "Director") is authorized to establish an endowed, nongovernmental, nonprofit foundation (hereinafter in this section referred to as the "Foundation") in consultation with the Director of the National Institute of Standards and Technology.

(b) Purposes

The purposes of the Foundation shall be the following:

(1) To provide productive research and development opportunities within the independent states of the former Soviet Union that offer scientists and engineers alternatives to emigration and help prevent the dissolution of the technological infrastructure of the independent states.

(2) To advance defense conversion by funding civilian collaborative research and development projects between scientists and engineers in the United States and in the independent states of the former Soviet Union.

(3) To assist in the establishment of a market economy in the independent states of the former Soviet Union by promoting, identifying, and partially funding joint research, development, and demonstration ventures between United States businesses and scientists, engineers, and entrepreneurs in those independent states.

(4) To provide a mechanism for scientists, engineers, and entrepreneurs in the independent states of the former Soviet Union to develop an understanding of commercial business practices by establishing linkages to United States scientists, engineers, and businesses.

(5) To provide access for United States businesses to sophisticated new technologies, talented researchers, and potential new markets within the independent states of the former Soviet Union.

(c) Functions

In carrying out its purposes, the Foundation shall—

(1) promote and support joint research and development projects for peaceful purposes between scientists and engineers in the United States and independent states of the former Soviet Union on subjects of mutual interest; and

(2) seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors, and which shall include some contribution from industrial participants.

(d) Funding

(1) Use of certain Department of Defense funds

(A) To the extent funds appropriated to carry out subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993 [22 U.S.C. 5931] (relating to joint research and development programs with the independent states of the former Soviet Union) are otherwise available for such purpose, such funds may be made available to the Director for use by the Director in establishing the endowment of the Foundation and otherwise carrying out this section.

(B) For each fiscal year after fiscal year 1993, not more than 50 percent of the funds made available to the Foundation by the United States Government may be funds appropriated in the national defense budget function (function 050).

(2) Contribution to endowment by participating independent states

As a condition of participation in the Foundation, an independent state of the former Soviet Union must make a minimum contribution to the endowment of the Foundation, as determined by the Director, which shall reflect the ability of the independent state to make a financial contribution and its expected level of participation in the Foundation's programs.

(3) Debt conversions

To the extent provided in advance by appropriations Acts, local currencies or other assets resulting from government-to-government debt conversions may be made available to the Foundation. For purposes of this paragraph, the term "debt conversion" means an agreement whereby a country's government-to-government or commercial external debt burden is exchanged by the holder for local currencies, policy commitments, other assets, or other economic activities, or for an equity interest in an enterprise theretofore owned by the debtor government.

(4) Local currencies

In addition to other uses provided by law, and subject to agreement with the foreign government, local currencies generated by United States assistance programs may be made available to the Foundation.

(5) Investment of Government assistance

The Foundation may invest any revenue provided to it through United States Government assistance, and any interest earned on such investment may be used only for the purpose for which the assistance was provided.

(6) Other funds from Government and nongovernmental sources

The Foundation may accept such other funds as may be provided to it by Government agencies or nongovernmental entities.

(Pub. L. 102–511, title V, §511, Oct. 24, 1992, 106 Stat. 3345.)

Editorial Notes

References in Text

Subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (d)(1), is subtitle E of title XIV of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2566, which is classified generally to subchapter IV (§5931) of chapter 68 of this title.