22 U.S.C. § 5859a — International nonproliferation initiative

Page 1720 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5859 (1) the term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations of the Senate, the Committee on Foreign Af- fairs 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 ac- tivities 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 L. 102–228 was repealed by Pub.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, re- ferred 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B. Part B was set out in a note under section 2551 of this title and was comprised of sections 211 and 212, which were repealed, respectively, by Pub.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. § 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 Authoriza- tion 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 sub- secs. (a) to (e) and authorized the appropriation of the same or a greater amount to carry out such authori- ties. § 5859a. International nonproliferation initiative (a) Assistance for international nonproliferation activities Subject to the limitations and requirements provided in this section, the Secretary of De- fense, under the guidance of the President, may provide assistance to support international non- proliferation activities. (b) Activities for which assistance may be pro- vided Activities for which assistance may be pro- vided 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 non- proliferation. (2) Activities of the Department of Defense in support of the United Nations Special Com- mission on Iraq (or any successor organiza- tion). (3) Collaborative international nuclear secu- rity and nuclear safety projects to combat the threat of nuclear theft, terrorism, or acci- dents, including joint emergency response ex- ercises, technical assistance, and training. (4) Efforts to improve international coopera- tive monitoring of nuclear, biological, chem- ical, and missile proliferation through tech- nical projects and improved information shar- ing. (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 pro- vided to international organizations in the form of funds only if the amount in the ‘‘Contribu- tions to International Organizations’’ account of the Department of State is insufficient or other- wise unavailable to meet the United States fair share of assessments for international nuclear nonproliferation activities. (3) No amount may be obligated for an expend- iture under this section unless the Director of Page 1721 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5859a the Office of Management and Budget deter- mines 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 deter- mines 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 exer- cised only to the extent and in the amounts pro- vided 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 assist- ance under this section may be provided, by loan or donation, from existing stocks of the Depart- ment of Defense and the Department of Energy. (3) The total amount of the assistance pro- vided in the form of funds under this section, in- cluding funds used for activities of the Depart- ment of Defense in support of the United Na- tions Special Commission on Iraq, may not ex- ceed $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 Sec- retary of Defense determines that financial as- sistance under this section is required at a level which would result in the total amount of as- sistance 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 as- sistance with respect to that fiscal year not- withstanding 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 com- mittees 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 author- ity of the Secretary of Defense to provide assist- ance under this section is in effect, the Sec- retary of Defense shall transmit to the commit- tees of Congress named in paragraph (2) a report of the activities to reduce the proliferation threat carried out under this section. Each re- port 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 Govern- ment agencies in those activities; and (C) a description of the activities for which the funds were spent. (2) The committees of Congress to which re- ports under paragraph (1) are to be transmitted are— (A) the Committee on Armed Services, the Committee on Appropriations, and the Com- mittee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, the Committee on International Relations, and the Com- mittee on Commerce of the House of Rep- resentatives. (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’’. Page 1722 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5859a 2000—Subsec. (f). Pub. L. 106–398 substituted ‘‘2001’’ for ‘‘2000’’. 1999—Subsec. (b)(2). Pub. L. 106–65, § 1505(c)(1), in- serted ‘‘(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 fis- cal year, the Secretary of Defense may provide such as- sistance with respect to that fiscal year notwith- standing that limitation.’’ for ‘‘the amount specified with respect to that year under paragraph (3), the Sec- retary of Defense may provide such assistance notwith- standing 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 Sec- retary of Defense’’. Subsec. (b)(2). Pub. L. 104–106, § 1403(b)(1), substituted ‘‘the Department of Defense’’ for ‘‘the On-Site Inspec- tion Agency’’. Subsec. (c)(3). Pub. L. 104–106, § 1403(b)(2), substituted ‘‘will be counted as discretionary spending in the na- tional defense budget function (function 050).’’ for ‘‘will be counted against the defense category of the discre- tionary 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), sub- stituted ‘‘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 Depart- ment 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 Depart- ment 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 Inspec- tion 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 Sec- retary of Defense to provide assistance under this sec- tion is in effect’’ for ‘‘fiscal years 1994 and 1995’’. Subsec. (e)(2)(B). Pub. L. 104–106, § 1502(c)(2)(B), sub- stituted ‘‘the Committee on National Security, the Committee on Appropriations, the Committee on Inter- national 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), sub- stituted ‘‘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 ‘‘inter- national 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 prolifera- tion through technical projects and improved informa- tion 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 assist- ance under this section for fiscal year 1995 shall be de- rived from amounts made available to the Department of Defense for fiscal year 1995. Funds provided as assist- ance 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 di- rected 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 in- tent of Congress. See 1993 Amendment note below. 1993—Subsecs. (a), (d)(1). Pub. L. 103–160, § 1602(a), sub- stituted ‘‘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 Com- mission on Iraq.’’ Pub. L. 103–160, § 1602(b)(1), substituted ‘‘$25,000,000, including funds used for activities of the On-Site In- spection Agency in support of the United Nations Spe- cial 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 Af- fairs 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 gen- Page 1723 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5861 erally 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 con- sultation 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 re- port shall include— (1) a cost-benefit analysis comparing (A) the relative merits of the indefinite storage and safeguarding of such materials in the inde- pendent 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 il- legal proliferation, and the potential elec- trical 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 ura- nium 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 Founda- tion (hereinafter in this section referred to as the ‘‘Director’’) is authorized to establish an en- dowed, nongovernmental, nonprofit foundation (hereinafter in this section referred to as the ‘‘Foundation’’) in consultation with the Director of the National Institute of Standards and Tech- nology. (b) Purposes The purposes of the Foundation shall be the following: (1) To provide productive research and devel- opment opportunities within the independent states of the former Soviet Union that offer scientists and engineers alternatives to emi- gration and help prevent the dissolution of the technological infrastructure of the inde- pendent states. (2) To advance defense conversion by funding civilian collaborative research and develop- ment projects between scientists and engi- neers in the United States and in the inde- pendent states of the former Soviet Union. (3) To assist in the establishment of a mar- ket economy in the independent states of the former Soviet Union by promoting, identi- fying, and partially funding joint research, de- velopment, and demonstration ventures be- tween United States businesses and scientists, engineers, and entrepreneurs in those inde- pendent states. (4) To provide a mechanism for scientists, engineers, and entrepreneurs in the inde- pendent states of the former Soviet Union to develop an understanding of commercial busi- ness practices by establishing linkages to United States scientists, engineers, and busi- nesses. (5) To provide access for United States busi- nesses to sophisticated new technologies, tal- ented 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 be- tween 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 indus- trial research, development, and demonstra- tion activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors, and which shall include some con- tribution 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 Na- tional Defense Authorization Act for Fiscal Year 1993 [22 U.S.C. 5931] (relating to joint re- search and development programs with the independent states of the former Soviet Union) are otherwise available for such pur- pose, such funds may be made available to the Director for use by the Director in estab- lishing 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 (func- tion 050). (2) Contribution to endowment by partici- pating independent states As a condition of participation in the Foun- dation, an independent state of the former So- viet Union must make a minimum contribu- tion to the endowment of the Foundation, as determined by the Director, which shall re- flect the ability of the independent state to make a financial contribution and its expected level of participation in the Foundation’s pro- grams. (3) Debt conversions To the extent provided in advance by appro- priations 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 agree- ment whereby a country’s government-to-gov-