§ 5902 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1228

ment of the independent states of the former

Soviet Union and conversion of such industry

and equipment to civilian purposes and uses;

and

(3) to expand military-to-military contacts

between the United States and the independent states of the former Soviet Union.

(Pub. L. 102–484, div. A, title XIV, §1411, Oct. 23,

1992, 106 Stat. 2563.)

SHORT TITLE

Section 1401 of title XIV of div. A of Pub. L. 102–484

provided that: ‘‘This title [enacting this chapter and

amending provisions set out as a note under section

2551 of this title] may be cited as the ‘Former Soviet

Union Demilitarization Act of 1992’.’’

NUCLEAR WEAPONS REDUCTION

Section 1321 of Pub. L. 102–484 provided that:

‘‘(a) FINDINGS.—The Congress makes the following

findings:

‘‘(1) On February 1, 1992, the President of the United

States and the President of the Russian Federation

agreed in a Joint Statement that ‘Russia and the

United States do not regard each other as potential

adversaries’ and stated further that, ‘We will work to

remove any remnants of cold war hostility, including

taking steps to reduce our strategic arsenals’.

‘‘(2) In the Treaty on the Non-Proliferation of Nuclear Weapons, in exchange for the non-nuclear-weapon states agreeing not to seek a nuclear weapons capability nor to assist other non-nuclear-weapon

states in doing so, the United States agreed to seek

the complete elimination of all nuclear weapons

worldwide, as declared in the preamble to the Treaty,

which states that it is a goal of the parties to the

Treaty to ‘facilitate the cessation of the manufacture

of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery’ as well as in Article VI of the Treaty, which

states that ‘each of the parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear

arms race at an early date and to nuclear disarmament’.

‘‘(3) Carrying out a policy of seeking further significant and continuous reductions in the nuclear arsenals of all countries, besides reducing the likelihood

of the proliferation of nuclear weapons and increasing

the likelihood of a successful extension and possible

strengthening of the Treaty on the Non-Proliferation

of Nuclear Weapons in 1995, when the Treaty is scheduled for review and possible extension, has additional

benefits to the national security of the United States,

including—

‘‘(A) a reduced risk of accidental enablement and

launch of a nuclear weapon, and

‘‘(B) a defense cost savings which could be reallocated for deficit reduction or other important national needs.

‘‘(4) The Strategic Arms Reduction Talks (START)

Treaty and the agreement by the President of the

United States and the President of the Russian Federation on June 17, 1992, to reduce the strategic nuclear arsenals of each country to a level between 3,000

and 3,500 weapons are commendable intermediate

stages in the process of achieving the policy goals described in paragraphs (1) and (2).

‘‘(5) The current international era of cooperation

provides greater opportunities for achieving worldwide reduction and control of nuclear weapons and

material than any time since the emergence of nuclear weapons 50 years ago.

‘‘(6) It is in the security interests of both the

United States and the world community for the

President and the Congress to begin the process of reducing the number of nuclear weapons in every country through multilateral agreements and other appropriate means.

‘‘(7) In a 1991 study, a committee of the National

Academy of Sciences concluded that: ‘The appropriate new levels of nuclear weapons cannot be specified at this time, but it seems reasonable to the committee that U.S. strategic forces could in time be reduced to 1,000–2,000 nuclear warheads, provided that

such a multilateral agreement included appropriate

levels and verification measures for the other nations

that possess nuclear weapons. This step would require

successful implementation of our proposed postSTART U.S.-Soviet reductions, related confidencebuilding measures in all the countries involved, and

multilateral security cooperation in areas such as

conventional force deployments and planning.’.

‘‘(b) UNITED STATES POLICY.—It shall be the goal of

the United States—

‘‘(1) to encourage and facilitate the denuclearization of Ukraine, Byelarus, and Kazakhstan, as agreed

upon in the Lisbon ministerial meeting of May 23,

1992;

‘‘(2) to rapidly complete and submit for ratification

by the United States the treaty incorporating the

agreement of June 17, 1992, between the United States

and the Russian Federation to reduce the number of

strategic nuclear weapons in each country’s arsenal

to a level between 3,000 and 3,500;

‘‘(3) to facilitate the ability of the Russian Federation, Ukraine, Byelarus, and Kazakhstan to implement agreed mutual reductions under the START

Treaty, and under the Joint Understanding of June

16–17, 1992 between the United States and the Russian

Federation, on an accelerated timetable, so that all

such reductions can be completed by the year 2000;

‘‘(4) to build on the agreement reached in the Joint

Understanding of June 16–17, 1992, by entering into

multilateral negotiations with the Russian Federation, the United Kingdom, France, and the People’s

Republic of China, and, at an appropriate point in

that process, enter into negotiations with other nuclear armed states in order to reach subsequent

stage-by-stage agreements to achieve further reductions in the number of nuclear weapons in all countries;

‘‘(5) to continue and extend cooperative discussions

with the appropriate authorities of the former Soviet

military on means to maintain and improve secure

command and control over nuclear forces;

‘‘(6) in consultation with other member countries of

the North Atlantic Treaty Organization and other allies, to initiate discussions to bring tactical nuclear

weapons into the arms control process; and

‘‘(7) to ensure that the United States assistance to

securely transport and store, and ultimately dismantle, former Soviet nuclear weapons and missiles for

such weapons is being properly and effectively utilized.

‘‘(c) ANNUAL REPORT.—By February 1 of each year,

the President shall submit to the Congress a report

on—

‘‘(1) the actions that the United States has taken,

and the actions the United States plans to take during the next 12 months, to achieve each of the goals

set forth in paragraphs (1) through (6) of subsection

(b); and

‘‘(2) the actions that have been taken by the Russian Federation, by other former Soviet republics,

and by other countries to achieve those goals.

Each such report shall be submitted in unclassified

form, with a classified appendix if necessary.’’

§ 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
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.