§ 5902. — Authority for programs to facilitate demilitarization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5902]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 68--DEMILITARIZATION OF FORMER SOVIET UNION
SUBCHAPTER I--FINDINGS AND PROGRAM AUTHORITY
Sec. 5902. Authority for programs to facilitate demilitarization
(a) In general
Notwithstanding any other provision of law, the President is
authorized, in accordance with this chapter, to establish and conduct
programs described in subsection (b) of this section to assist the
demilitarization of the independent states of the former Soviet Union.
(b) Types of programs
The programs referred to in subsection (a) of this section are
limited to--
(1) transporting, storing, safeguarding, and destroying nuclear,
chemical, and other weapons of the independent states of the former
Soviet Union, as described in section 212(b) of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law 102-228);
(2) establishing verifiable safeguards against the proliferation
of such weapons and their components;
(3) preventing diversion of weapons-related scientific expertise
of the former Soviet Union to terrorist groups or third countries;
(4) facilitating the demilitarization of the defense industries
of the former Soviet Union and the conversion of military
technologies and capabilities into civilian activities;
(5) establishing science and technology centers in the
independent states of the former Soviet Union for the purpose of
engaging weapons scientists, engineers, and other experts previously
involved with nuclear, chemical, and other weapons in productive,
nonmilitary undertakings; and
(6) expanding military-to-military contacts between the United
States and the independent states of the former Soviet Union.
(c) United States participation
The programs described in subsection (b) of this section should, to
the extent feasible, draw upon United States technology and expertise,
especially from the United States private sector.
(d) Restrictions
United States assistance authorized by subsection (a) of this
section may not be provided unless the President certifies to the
Congress, on an annual basis, that the proposed recipient country is
committed to--
(1) making a substantial investment of its resources for
dismantling or destroying such weapons of mass destruction, if such
recipient has an obligation under a treaty or other agreement to
destroy or dismantle any such weapons;
(2) forgoing any military modernization program that exceeds
legitimate defense requirements and forgoing the replacement of
destroyed weapons of mass destruction;
(3) forgoing any use in new nuclear weapons of fissionable or
other components of destroyed nuclear weapons;
(4) facilitating United States verification of any weapons
destruction carried out under this chapter or section 212 of the
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law
102-228);
(5) complying with all relevant arms control agreements; and
(6) observing internationally recognized human rights, including
the protection of minorities.
(Pub. L. 102-484, div. A, title XIV, Sec. 1412, Oct. 23, 1992, 106 Stat.
2563.)
References in Text
Section 212 of the Soviet Nuclear Threat Reduction Act of 1991
(title II of Public Law 102-228), referred to in subsecs. (b)(1) and
(d)(4), is set out in a note under section 2551 of this title.
Delegation of Authority
Authority of President under subsec. (a) of 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.
Authority of President under subsec. (d) of this section delegated
to Secretary of State by section 1 of Memorandum of President of the
United States, Dec. 30, 1992, 58 F.R. 3193.
Section Referred to in Other Sections
This section is referred to in sections 5911, 5952 of this title.
