Page 1223 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5859a

curity of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

DELEGATION OF FUNCTIONS

For delegation of certain functions of the President

under this section, see Memorandum of President of the

United States, Apr. 21, 1994, 59 F.R. 21619, set out as a

note under section 5854 of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5856 of this title.

§ 5859. International nonproliferation initiative

(a) to (e) Omitted

(f) Avoidance of duplicative authorizations

This section shall not apply if the National

Defense Authorization Act for Fiscal Year 1993

enacts the same authorities and requirements as

are contained in this section and authorizes the

appropriation of the same (or a greater) amount

to carry out such authorities.

(Pub. L. 102–511, title V, §509, Oct. 24, 1992, 106

Stat. 3343.)

REFERENCES IN TEXT

The National Defense Authorization Act for Fiscal

Year 1993, referred to in subsec. (f), is Pub. L. 102–484,

Oct. 23, 1992, 106 Stat. 2315. For complete classification

of this Act to the Code, see Tables. See Codification

note below.

CODIFICATION

Section is comprised of section 509 of Pub. L. 102–511.

Subsecs. (a) to (e) were omitted pursuant to subsec. (f)

because section 1505 of the National Defense Authorization Act for Fiscal Year 1993, Pub. L. 102–484, which is

classified to section 5859a of this title, enacted the

same authorities and requirements as contained in subsecs. (a) to (e) and authorized the appropriation of the

same or a greater amount to carry out such authorities.

§ 5859a. International nonproliferation initiative

(a) Assistance for international nonproliferation

activities

Subject to the limitations and requirements

provided in this section, the Secretary of Defense, under the guidance of the President, may

provide assistance to support international nonproliferation activities.

(b) Activities for which assistance may be provided

Activities for which assistance may be provided under this section are activities such as

the following:

(1) Activities carried out by international

organizations that are designed to ensure

more effective safeguards against proliferation

and more effective verification of compliance

with international agreements on nonproliferation.

(2) Activities of the Department of Defense

in support of the United Nations Special Commission on Iraq.

(3) Collaborative international nuclear security and nuclear safety projects to combat the

threat of nuclear theft, terrorism, or accidents, including joint emergency response exercises, technical assistance, and training.

(4) Efforts to improve international cooperative monitoring of nuclear, biological, chemical, and missile proliferation through technical projects and improved information sharing.

(c) Form of assistance

(1) Assistance under this section may include

funds and in-kind contributions of supplies,

equipment, personnel, training, and other forms

of assistance.

(2) Assistance under this section may be provided to international organizations in the form

of funds only if the amount in the ‘‘Contributions to International Organizations’’ account of

the Department of State is insufficient or otherwise unavailable to meet the United States fair

share of assessments for international nuclear

nonproliferation activities.

(3) No amount may be obligated for an expenditure under this section unless the Director of

the Office of Management and Budget determines that the expenditure will be counted as

discretionary spending in the national defense

budget function (function 050).

(4) No assistance may be furnished under this

section unless the Secretary of Defense determines and certifies to the Congress 30 days in

advance that the provision of such assistance—

(A) is in the national security interest of the

United States; and

(B) will not adversely affect the military

preparedness of the United States.

(5) The authority to provide assistance under

this section in the form of funds may be exercised only to the extent and in the amounts provided in advance in appropriations Act.

(d) Sources of assistance

(1) Funds provided as assistance under this

section for any fiscal year shall be derived from

amounts made available to the Department of

Defense for that fiscal year. Funds provided as

assistance under this section for a fiscal year

may also be derived from balances in working

capital accounts of the Department of Defense.

(2) Supplies and equipment provided as assistance under this section may be provided, by loan

or donation, from existing stocks of the Department of Defense and the Department of Energy.

(3) The total amount of the assistance provided in the form of funds under this section, including funds used for activities of the Department of Defense in support of the United Nations Special Commission on Iraq, may not exceed $25,000,000 for fiscal year 1994, $20,000,000 for

fiscal year 1995, $15,000,000 for fiscal year 1996,

$15,000,000 for fiscal year 1997, or $15,000,000 for

fiscal year 1998.

(4)(A) In the event of a significant unforeseen

development related to the activities of the

United Nations Special Commission on Iraq for

which the Secretary of Defense determines that

financial assistance under this section is required at a level which would result in the total

amount of assistance provided under this section during the then-current fiscal year exceeding the amount specified with respect to that
§ 5859a TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1224

year under paragraph (3), the Secretary of Defense may provide such assistance notwithstanding the limitation with respect to that fiscal

year under paragraph (3). Funds for such purpose

may be derived from any funds available to the

Department of Defense for that fiscal year.

(B) Financial assistance may be provided

under subparagraph (A) only after the Secretary

of Defense provides notice in writing to the committees of Congress named in subsection (e)(2) of

this section of the significant unforeseen development and of the Secretary’s intent to provide

assistance in excess of the limitation for that

fiscal year under paragraph (3). However, if the

Secretary determines in any case that under the

specific circumstances of that case advance notice is not possible, such notice shall be provided

as soon as possible and not later than 15 days

after the date on which the assistance is provided. Any notice under this subparagraph shall

include a description of the development, the

amount of assistance provided or to be provided,

and the source of the funds for that assistance.

(e) Quarterly report

(1) Not later than 30 days after the end of each

quarter of a fiscal year during which the authority of the Secretary of Defense to provide assistance under this section is in effect, the Secretary of Defense shall transmit to the committees of Congress named in paragraph (2) a report

of the activities to reduce the proliferation

threat carried out under this section. Each report shall set forth (for the preceding quarter

and cumulatively)—

(A) the amounts spent for such activities

and the purposes for which they were spent;

(B) a description of the participation of the

Department of Defense and the Department of

Energy and the participation of other Government agencies in those activities; and

(C) a description of the activities for which

the funds were spent.

(2) The committees of Congress to which reports under paragraph (1) are to be transmitted

are—

(A) the Committee on Armed Services, the

Committee on Appropriations, and the Committee on Foreign Relations of the Senate;

and

(B) the Committee on National Security, the

Committee on Appropriations, the Committee

on International Relations, and the Committee on Commerce of the House of Representatives.

(f) Termination of authority

The authority of the Secretary of Defense to

provide assistance under this section terminates

at the close of fiscal year 1998.

(Pub. L. 102–484, div. A, title XV, §1505, Oct. 23,

1992, 106 Stat. 2569; Pub. L. 103–160, div. A, title

XI, §1182(c)(5), title XVI, §1602, Nov. 30, 1993, 107

Stat. 1772, 1843; Pub. L. 103–337, div. A, title X,

§1070(c)(1), title XV, §1501, Oct. 5, 1994, 108 Stat.

2857, 2914; Pub. L. 104–106, div. A, title XIV, §1403,

title XV, §1502(c)(2)(B), Feb. 10, 1996, 110 Stat.

489, 507; Pub. L. 104–201, div. A, title XIII, §1301,

Sept. 23, 1996, 110 Stat. 2700; Pub. L. 105–85, div.

A, title XIII, §1308, Nov. 18, 1997, 111 Stat. 1956.)

CODIFICATION

Section was enacted as part of the Weapons of Mass

Destruction Control Act of 1992 and also as part of the

National Defense Authorization Act for Fiscal Year

1993, and not as part of the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets

Support Act of 1992 or Freedom Support Act which

comprises this chapter.

AMENDMENTS

1997—Subsec. (d)(3). Pub. L. 105–85, §1308(1), struck

out ‘‘or’’ after ‘‘fiscal year 1996,’’ and inserted ‘‘, or

$15,000,000 for fiscal year 1998’’ before period at end.

Subsec. (f). Pub. L. 105–85, §1308(2), substituted ‘‘1998’’

for ‘‘1997’’.

1996—Subsec. (a). Pub. L. 104–106, §1403(a)(1), struck

out ‘‘during fiscal years 1994 and 1995’’ before ‘‘the Secretary of Defense’’.

Subsec. (b)(2). Pub. L. 104–106, §1403(b)(1), substituted

‘‘the Department of Defense’’ for ‘‘the On-Site Inspection Agency’’.

Subsec. (c)(3). Pub. L. 104–106, §1403(b)(2), substituted

‘‘will be counted as discretionary spending in the national defense budget function (function 050).’’ for ‘‘will

be counted against the defense category of the discretionary spending limits for fiscal year 1993 (as defined

in section 665(a)(2) of title 2) for purposes of part C of

the Balanced Budget and Emergency Deficit Control

Act of 1985.’’

Subsec. (d)(1). Pub. L. 104–106, §1403(c)(1)(A), (B), substituted ‘‘for any fiscal year shall be derived from

amounts made available to the Department of Defense

for that fiscal year.’’ for ‘‘for fiscal year 1994 shall be

derived from amounts made available to the Department of Defense for fiscal year 1994. Funds provided as

assistance under this section for fiscal year 1995 shall

be derived from amounts made available to the Department of Defense for fiscal year 1995.’’ and struck out

‘‘referred to in this paragraph’’ after ‘‘for a fiscal

year’’.

Subsec. (d)(3). Pub. L. 104–201, §1301(a)(1), struck out

‘‘or’’ after ‘‘fiscal year 1995,’’ and inserted ‘‘, or

$15,000,000 for fiscal year 1997’’ before period at end.

Pub. L. 104–106, §1403(b)(1), (c)(2), struck out ‘‘may not

exceed $$25,000,000 for fiscal year 1994 or $20,000,000 for

fiscal year 1995’’ after ‘‘under this section’’, substituted

‘‘the Department of Defense’’ for ‘‘the On-Site Inspection Agency’’, and inserted before period at end ‘‘, may

not exceed $25,000,000 for fiscal year 1994, $20,000,000 for

fiscal year 1995, or $15,000,000 for fiscal year 1996’’.

Subsec. (d)(4). Pub. L. 104–201, §1301(b), added par. (4).

Subsec. (e)(1). Pub. L. 104–106, §1403(a)(2), substituted

‘‘a fiscal year during which the authority of the Secretary of Defense to provide assistance under this section is in effect’’ for ‘‘fiscal years 1994 and 1995’’.

Subsec. (e)(2)(B). Pub. L. 104–106, §1502(c)(2)(B), substituted ‘‘the Committee on National Security, the

Committee on Appropriations, the Committee on International Relations, and the Committee on Commerce’’

for ‘‘the Committee on Armed Services, the Committee

on Appropriations, the Committee on Foreign Affairs,

and the Committee on Energy and Commerce’’.

Subsec. (f). Pub. L. 104–201, §1301(a)(2), substituted

‘‘1997’’ for ‘‘1996’’.

Pub. L. 104–106, §1403(a)(3), added subsec. (f).

1994—Subsec. (a). Pub. L. 103–337, §1501(a)(1), substituted ‘‘fiscal years 1994 and 1995’’ for ‘‘fiscal year

1994’’.

Subsec. (b)(1). Pub. L. 103–337, §1501(b)(1), substituted

‘‘international organizations’’ for ‘‘the International

Atomic Energy Agency (IAEA)’’, struck out ‘‘nuclear’’

after ‘‘safeguards against’’, and substituted ‘‘effective

verification’’ for ‘‘aggressive verification’’ and ‘‘international agreements on nonproliferation’’ for ‘‘the

Treaty on the Non-Proliferation of Nuclear Weapons,

done on July 1, 1968’’.

Subsec. (b)(4). Pub. L. 103–337, §1501(b)(2), substituted

‘‘nuclear, biological, chemical, and missile proliferation through technical projects and improved informa-
Page 1225 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5861

tion sharing’’ for ‘‘nuclear proliferation through joint

technical projects and improved intelligence sharing’’.

Subsec. (d)(1). Pub. L. 103–337, §1501(c)(1), inserted

‘‘for fiscal year 1994’’ after ‘‘under this section’’ and

substituted ‘‘fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived from amounts made available to the Department

of Defense for fiscal year 1995. Funds provided as assistance under this section for a fiscal year referred to in

this paragraph may also be derived’’ for ‘‘fiscal year

1994 or’’.

Subsec. (d)(3). Pub. L. 103–337, §1501(c)(2), inserted

‘‘for fiscal year 1994 or $20,000,000 for fiscal year 1995’’.

Subsec. (e)(1). Pub. L. 103–337, §1501(a), substituted

‘‘fiscal years 1994 and 1995’’ for ‘‘fiscal year 1994’’.

Subsec. (e)(2). Pub. L. 103–337, §1070(c)(1), which directed amendment of subsec. (e)(2) by striking out ‘‘and

under subsection (d)(4) of this section’’ effective as of

Oct. 23, 1992, and as if included in the National Defense

Authorization Act for Fiscal Year 1993 (Pub. L. 102–484),

as enacted, was executed to subsec. (e)(2) as amended

by Pub. L. 103–160, §1182(c)(5), to reflect the probable intent of Congress. See 1993 Amendment note below.

1993—Subsecs. (a), (d)(1). Pub. L. 103–160, §1602(a), substituted ‘‘fiscal year 1994’’ for ‘‘fiscal year 1993’’.

Subsec. (d)(3). Pub. L. 103–160, §1602(b)(2), struck out

at end ‘‘Of such amount, not more than $20,000,000 may

be used for the activities of the On-Site Inspection

Agency in support of the United Nations Special Commission on Iraq.’’

Pub. L. 103–160, §1602(b)(1), substituted ‘‘$25,000,000,

including funds used for activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq’’ for ‘‘40,000,000’’.

Subsec. (d)(4). Pub. L. 103–160, §1602(c), struck out par.

(4) which read as follows: ‘‘Not less than 30 days before

obligating any funds to provide assistance under this

section, the Secretary of Defense shall transmit to the

committees of Congress named in subsection (e)(2) of

this section a report on the proposed obligation. Each

such report shall specify—

‘‘(A) 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

‘‘(B) the activities and forms of assistance for

which the Secretary of Defense plans to obligate the

funds.’’

Subsec. (e)(1). Pub. L. 103–160, §1602(a), substituted

‘‘fiscal year 1994’’ for ‘‘fiscal year 1993’’.

Subsec. (e)(2). Pub. L. 103–160, §1182(c)(5), substituted

‘‘(d)(4)’’ for ‘‘(d)(2)’’ in introductory provisions.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1070(c) of Pub. L. 103–337 provided in part that

the amendment made by that section is effective as of

Oct. 23, 1992, and as if included in the National Defense

Authorization Act for Fiscal Year 1993, Pub. L. 102–484,

as enacted.

§ 5860. Report on special nuclear materials

Not later than 180 days after October 24, 1992,

the Secretary of State shall prepare, in consultation with the Secretary of Defense and the

Secretary of Energy, and shall transmit to the

Congress a report on the possible alternatives

for the ultimate disposition of special nuclear

materials of the former Soviet Union. This report shall include—

(1) a cost-benefit analysis comparing (A) the

relative merits of the indefinite storage and

safeguarding of such materials in the independent states of the former Soviet Union and

(B) its acquisition by the United States by

purchase, barter, or other means;

(2) a discussion of relevant issues such as the

protection of United States uranium producers

from dumping, the relative vulnerability of

these stocks of special nuclear materials to illegal proliferation, and the potential electrical and other savings associated with their

being made available in the fuel cycle in the

United States; and

(3) a discussion of how highly enriched uranium stocks could be diluted for reactor fuel.

(Pub. L. 102–511, title V, §510, Oct. 24, 1992, 106

Stat. 3344.)

§ 5861. Research and Development Foundation

(a) Establishment

The Director of the National Science Foundation (hereinafter in this section referred to as

the ‘‘Director’’) is authorized to establish an endowed, nongovernmental, nonprofit foundation

(hereinafter in this section referred to as the

‘‘Foundation’’) in consultation with the Director

of the National Institute of Standards and Technology.

(b) Purposes

The purposes of the Foundation shall be the

following:

(1) To provide productive research and development opportunities within the independent

states of the former Soviet Union that offer

scientists and engineers alternatives to emigration and help prevent the dissolution of the

technological infrastructure of the independent states.

(2) 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.

(3) To assist in 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.

(4) 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.

(5) To provide access for United States businesses to sophisticated new technologies, talented researchers, and potential new markets

within the independent states of the former

Soviet Union.

(c) Functions

In carrying out its purposes, the Foundation

shall—

(1) promote and support joint research and

development projects for peaceful purposes between scientists and engineers in the United

States and independent states of the former

Soviet Union on subjects of mutual interest;

and

(2) seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages

which may involve participation by scientists