Page 1229 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5911

1See References in Text note below.

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, §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.

SUBCHAPTER II—ADMINISTRATIVE AND

FUNDING AUTHORITIES

§ 5911. Administration of demilitarization programs

(a) Funding

(1) In recognition of the direct contributions

to the national security interests of the United

States of the activities specified in section 5902

of this title, funds transferred under sections 108

and 109 of Public Law 102–229 (105 Stat. 1708) are

authorized to be made available to carry out

this chapter. Of the amount available to carry

out this chapter—

(A) not more than $40,000,000 may be made

available for programs referred to in section

5902(b)(4) of this title relating to demilitarization of defense industries;

(B) not more than $15,000,000 may be made

available for programs referred to in section

5902(b)(6) of this title relating to military-tomilitary contacts;

(C) not more than $25,000,000 may be made

available for joint research development programs pursuant to section 5931 of this title;

(D) not more than $10,000,000 may be made

available for the study, assessment, and identification of nuclear waste disposal activities

by the former Soviet Union in the Arctic region;

(E) not more than $25,000,000 may be made

available for Project PEACE; and

(F) not more than $10,000,000 may be made

available for the Volunteers Investing in

Peace and Security (VIPS) program under

chapter 89 1 of title 10.

(2), (3) Omitted.

(b) Omitted

(Pub. L. 102–484, div. A, title XIV, §1421, Oct. 23,

1992, 106 Stat. 2564.)

REFERENCES IN TEXT

Sections 108 and 109 of Public Law 102–229 (105 Stat.

1708), referred to in subsec. (a)(1), are not classified to

the Code.

Chapter 89 of title 10, referred to in subsec. (a)(1)(F),

was repealed by Pub. L. 104–106, div. A, title X,

§1061(a)(1), Feb. 10, 1996, 110 Stat. 442.
§ 5921 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1230

CODIFICATION

Section is comprised of section 1421 of Pub. L. 102–484.

Subsec. (a)(2) and (3) of section 1421 of Pub. L. 102–484

amended section 221 of Pub. L. 102–228 which is set out

as a note under section 2551 of this title. Subsec. (b) of

section 1421 of Pub. L. 102–484 amended sections 108 and

109 of Pub. L. 102–229 which are not classified to the

Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5931 of this title.

SUBCHAPTER III—REPORTING

REQUIREMENTS

§ 5921. Prior notice to Congress of obligation of

funds

(a) In general

Not less than 15 days before obligating any

funds made available for a program under this

chapter, the President shall transmit to the

Congress a report on the proposed obligation.

Each such report shall specify—

(1) 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

(2) the activities and forms of assistance

under this chapter for which the President

plans to obligate such funds, including the

projected involvement of United States Government departments and agencies and the

United States private sector.

(b) Industrial demilitarization

Any report under subsection (a) of this section

that covers proposed industrial demilitarization

projects shall contain additional information to

assist the Congress in determining the merits of

the proposed projects. Such information shall

include descriptions of—

(1) the facilities to be demilitarized;

(2) the types of activities conducted at those

facilities and of the types of nonmilitary activities planned for those facilities;

(3) the forms of assistance to be provided by

the United States Government and by the

United States private sector;

(4) the extent to which military production

capability will consequently be eliminated at

those facilities; and

(5) the mechanisms to be established for

monitoring progress on those projects.

(Pub. L. 102–484, div. A, title XIV, §1431, Oct. 23,

1992, 106 Stat. 2565.)

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.

§ 5922. Quarterly reports on programs

Not later than 30 days after the end of the last

fiscal year quarter of fiscal year 1992 and not

later than 30 days after the end of each fiscal

year quarter of fiscal year 1993, the President

shall transmit to the Congress a report on the

activities carried out under this chapter. Each

such report shall set forth, for the preceding fiscal year quarter and cumulatively, the following:

(1) The amounts expended for such activities

and the purposes for which they were expended.

(2) The source of the funds obligated for such

activities, specified by program.

(3) A description of the participation of all

United States Government departments and

agencies and the United States private sector

in such activities.

(4) A description of the activities carried out

under this chapter and the forms of assistance

provided under this chapter, including, with

respect to proposed industrial demilitarization

projects, additional information on the

progress toward demilitarization of facilities

and the conversion of the demilitarized facilities to civilian activities.

(5) Such other information as the President

considers appropriate to fully inform the Congress concerning the operation of the programs authorized under this chapter.

(Pub. L. 102–484, div. A, title XIV, §1432, Oct. 23,

1992, 106 Stat. 2566.)

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.

SUBCHAPTER IV—JOINT RESEARCH AND

DEVELOPMENT PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5861 of this

title.

§ 5931. Programs with states of former Soviet

Union

The Congress encourages the Secretary of Defense to participate actively in joint research

and development programs with the independent

states of the former Soviet Union through the

nongovernmental foundation established for this

purpose by section 5861 of this title. To that end,

the Secretary of Defense may spend those funds

authorized in section 5911(a)(1)(C) of this title

for support, technical cooperation, in-kind assistance, and other activities with the following

purposes:

(1) To advance defense conversion by funding

civilian collaborative research and development projects between scientists and engineers in the United States and in the independent states of the former Soviet Union.

(2) To assist the establishment of a market

economy in the independent states of the

former Soviet Union by promoting, identifying, and partially funding joint research, development, and demonstration ventures between United States businesses and scientists,

engineers, and entrepreneurs in those independent states.

(3) To provide a mechanism for scientists,

engineers, and entrepreneurs in the independent states of the former Soviet Union to develop an understanding of commercial business practices by establishing linkages to

United States scientists, engineers, and businesses.

(4) To provide access for United States businesses to sophisticated new technologies, tal-