§5853 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President may run programs with other countries to stop the spread of dangerous weapons and to destroy them in the independent states of the former Soviet Union. These programs can pay to dismantle and destroy nuclear, biological, and chemical weapons and their delivery systems and conventional arms; help stop proliferation by safe storage, transport, guarding, or by buying such weapons or materials; set up safeguards and programs to keep weapons know-how from reaching terrorists or other states; create science and technology centers to give former weapons scientists peaceful jobs; and help turn military factories and technologies into civilian uses. The first five types of work listed must get priority. The President may use additional funds, including money provided under sections 108 and 109 of Public Law 102–229 or as changed by section 506(a) of this Act. Those funds cannot be committed unless the Director of the Office of Management and Budget finds that the fiscal year 1993 spending will be counted against the “defense” category of discretionary spending limits for that year, as defined in section 665(a)(2) of title 2 for part C of the Balanced Budget and Emergency Deficit Control Act of 1985.

Title 22, §5853

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)Priority in carrying out this section shall be given to the activities described in paragraphs (1) through (5) of subsection (a).

(c)(1)In recognition of the direct contributions to the national security interests of the United States of the programs and activities authorized by subsection (a), 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 section 108 and 109 of Public Law 102–229 or under the amendments made by section 506(a) of this Act.

(2)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 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) 11 See References in Text note below. 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.].

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 108 and 109 of Public Law 102–229, referred to in subsec. (c)(1), are section 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 repealed 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 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) [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 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, § 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 FREEDOM 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 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.”

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.

§5853 Nonproliferation and disarmament activities in independent states