22 U.S.C. § 5852 — Eligibility

Page 1715 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5852 be necessary for such purposes. The Adminis- trator shall cause such records and other in- formation to be published in the Federal Reg- ister. (3) AID review In the event that the Democracy Corps de- termines not to comply with a request for records under section 552 of title 5, the Democ- racy Corps shall submit a report to the Admin- istrator explaining the reasons for not com- plying with such request. If the Administrator approves such determination, the Agency for International Development shall assume full responsibility, including financial responsi- bility, for defending the Democracy Corps in any litigation relating to such request. If the Administrator disapproves such determina- tion, the Democracy Corps shall be required to comply with such request. (i) Annual reports The Board shall be required to submit to the Administrator and the Congress, not later than January 31 each year, a comprehensive report on the activities of the Democracy Corps. Each such report shall list each grant made by the Democracy Corps under subsection (d)(2) during the preceding fiscal year, specifying the grantee and the amount of the grant. (j) Authorization of appropriations Of the amount authorized to be appropriated to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.], up to $15,000,000 for fiscal year 1993 are authorized to be appropriated for grants to the Democracy Corps under this section, in addition to amounts otherwise available for such purpose. (k) Sunset provision Grants may not be made to the Democracy Corps under this section after the end of fiscal year 1997. (l) Definitions As used in this section— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Agency for International Development; and (2) the term ‘‘Board’’ means the Board of Di- rectors of the Democracy Corps. (Pub. L. 102–511, title IV, § 401, Oct. 24, 1992, 106 Stat. 3335.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (j), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 11 of part I of the Act is classified generally to part XI (§ 2295 et seq.) of subchapter I 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. SUBCHAPTER IV—NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVI- TIES § 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, safe- guarding, 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 weap- ons 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 So- viet Union to terrorist groups or third coun- tries; 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 inde- pendent 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, dur- ing 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 inde- pendent state has an obligation under a treaty or other agreement to destroy or dismantle any such weapons; (2) forgoing any military modernization pro- gram that exceeds legitimate defense require- ments and forgoing the replacement of de- stroyed weapons of mass destruction; (3) forgoing any use in new nuclear weapons of fissionable or other components of de- stroyed 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. 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.)