22 U.S.C. § 5854 — Nonproliferation and disarmament fund

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 (c)(2), was repealed by Pub.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. Page 1718 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5855 (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 Fi- nancing 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 sub- sec. (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 Financ- ing, and Related Programs Appropriations Act, 1991, re- ferred 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 ALLOCA- TION 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 Appropria- tions 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 Sec- retary of State without any further action of the Presi- dent. 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 au- thorities 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 mili- tary technologies and capabilities and defense industries of the former Soviet Union into civil- ian 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 pre- viously obligated in the same fiscal year an amount equal to or greater than that amount of funds for defense conversion and defense transi- tion activities in the United States. For pur- poses of this section, the term ‘‘defense conver- sion and defense transition activities in the United States’’ means those United States Gov- ernment funded programs whose primary pur- pose is to assist United States private sector de- fense workers, United States companies that manufacture or otherwise provide defense goods or services, or United States communities ad- versely 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 Eco- nomic 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 Pro- gram (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 Author- ization Act for Fiscal Year 1993 enacts an amendment to section 221(a) of the Soviet Nu- clear Threat Reduction Act of 1991 that author- izes the transfer of an amount that is the same or greater than the amount that is authorized