§ 5853. — Nonproliferation and disarmament activities in independent states.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5853]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 67--FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND
OPEN MARKETS SUPPORT
SUBCHAPTER IV--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
Sec. 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) of
this section.
(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) of this section, 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) of this section 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.].
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\1\ See References in Text note below.
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(Pub. L. 102-511, title V, Sec. 503, Oct. 24, 1992, 106 Stat. 3338.)
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, set out as a note
under section 2551 of this title, but did not become effective pursuant
to section 5856(c) of this title.
Section 665 of title 2, referred to in subsec. (c)(2), was repealed
by Pub. L. 105-33, title X, Sec. 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 (Sec. 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.
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.
Transfer of Funding for Science and Technology Centers in the Former
Soviet Union
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,
Sec. 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) [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, Sec. 1000(a)(7) [div. B, title XI,
Sec. 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) [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.''
Section Referred to in Other Sections
This section is referred to in sections 2349bb, 5852, 5855, 5856,
5857, 5858 of this title.
