22 U.S.C. § 5853 — Nonproliferation and disarmament activi-

Page 1716 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5853 1 See References in Text note below. 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 Democ- racies and Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduc- tion 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 sec- tion 301 [122 Stat. 53] and other provisions of this Act [see Tables for classification], Cooperative Threat Re- duction 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 Sec- retary of Defense [and] the Director, Office of Manage- ment & 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 Fis- cal 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 du- ties 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 del- egated by paragraph 1 hereof with respect to that former Soviet Republic. The Secretary of Defense shall not obligate funds in the exercise of authority dele- gated 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 cat- egory 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 activi- ties in independent states (a) Authorization The President is authorized to promote bilat- eral and multilateral nonproliferation and disar- mament activities— (1) by supporting the dismantlement and de- struction of nuclear, biological, and chemical weapons, their delivery systems, and conven- tional weapons of the independent states of the former Soviet Union; (2) by supporting bilateral and multilateral efforts to halt the proliferation of nuclear, bi- ological, and chemical weapons, their delivery systems, related technologies, and other weap- ons of the independent states, including ac- tivities such as— (A) the storage, transportation, and safe- guarding of such weapons, and (B) the purchase, barter, or other acquisi- tion of such weapons or materials derived from such weapons; (3) by establishing programs for safe- guarding 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 pur- pose of engaging weapons scientists and engi- neers of the independent states (in particular those who were previously involved in the de- sign 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 author- ized by subsection (a), the President is author- ized to make available for use in carrying out those programs and activities, in addition to amounts otherwise available for such pur- poses, funds made available pursuant to sec- tions 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 pur- suant to such obligation shall be counted against the defense category of the discre- tionary spending limits for that fiscal year (as defined in section 665(a)(2) 1 of title 2) for pur- poses 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.) Page 1717 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5854 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 re- pealed 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 subse- quent fiscal years, funds made available under ‘Non- proliferation, Antiterrorism, Demining, and Related Programs’ accounts in annual foreign operations appro- priations Acts are authorized to be available for science and technology centers in the independent states of the former Soviet Union assisted under sec- tion 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 avail- able under any provision of law for the activities de- scribed in subsection (a) shall be available until ex- pended 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 FREE- DOM 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 ac- tivities described in subsection (b) to support the redi- rection 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 tech- nologies with military applications. ‘‘(b) ACTIVITIES SUPPORTED.—Activities supported under subsection (a) include— ‘‘(1) any research activity involving the participa- tion 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 expo- sure 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. § 5854. Nonproliferation and disarmament fund (a) Authorization The President is authorized to promote bilat- eral and multilateral nonproliferation and disar- mament activities— (1) by supporting the dismantlement and de- struction of nuclear, biological, and chemical weapons, their delivery systems, and conven- tional weapons; (2) by supporting bilateral and multilateral efforts to halt the proliferation of nuclear, bi- ological, and chemical weapons, their delivery systems, related technologies, and other weap- ons, including activities such as— (A) the storage, transportation, and safe- guarding of such weapons, and (B) the purchase, barter, or other acquisi- tion of such weapons or materials derived from such weapons; (3) by establishing programs for safe- guarding 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 pur- pose of engaging weapons scientists and engi- neers of the independent states (in particular those who were previously involved in the de- sign 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 author- ized by subsection (a), the President is author- ized to make available for use in carrying out those programs and activities, in addition to amounts otherwise available for such pur- poses, up to $100,000,000 of security assistance funds for fiscal year 1993.