US (United States) Code. Title 22. Chapter 67: Freedom for Russian and emerging Eurasian democracies

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse. Open markets supports

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publicidad

-CITE-

22 USC CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING

EURASIAN DEMOCRACIES AND OPEN

MARKETS SUPPORT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

-HEAD-

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

-MISC1-

Sec.

5801. Definition of independent states.

SUBCHAPTER I - GENERAL PROVISIONS

5811. Findings.

5812. Program coordination, implementation, and oversight.

(a) Coordination.

(b) Export promotion activities.

(c) International economic activities.

(d) Accountability for funds.

5813. Report on overall assistance and economic cooperation

strategy.

(a) Requirement for submission.

(b) Assistance plan.

5814. Annual report.

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

5821. American Business Centers.

(a) Establishment.

(b) Environmental business centers and agribusiness

centers.

(c) Additional policy guidance.

(d) Funding.

5822. Business and Agriculture Advisory Council.

(a) Establishment.

(b) Membership.

(c) Staff.

5823. Funding for export promotion activities and capital

projects.

(a) Allocation of A.I.D. funds.

(b) Export promotion, finance, and related

activities.

5824. Interagency working group on energy of the Trade

Promotion Coordinating Committee.

5825. Repealed.

5826. Policy on combatting tied aid practices.

5827. Technical assistance for Russian Far East.

(a) Authorization.

(b) Authorization of appropriations.

5828. Funding for OPIC programs.

(a) Authority to make additional funds available.

(b) Enactment of OPIC Authorization Act.

SUBCHAPTER III - THE DEMOCRACY CORPS

5841. Authorization for establishment of Democracy Corps.

(a) Establishment; purpose.

(b) Board of Directors.

(c) Grants to Democracy Corps; purpose.

(d) Activities.

(e) Grant agreement.

(f) Coordination.

(g) Prohibition on campaign financing.

(h) Freedom of information.

(i) Annual reports.

(j) Authorization of appropriations.

(k) Sunset provision.

(l) Definitions.

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

5851. Findings.

5852. Eligibility.

5853. Nonproliferation and disarmament activities in

independent states.

(a) Authorization.

(b) Funding priorities.

(c) Use of defense funds.

5854. Nonproliferation and disarmament fund.

(a) Authorization.

(b) Funding priorities.

(c) Use of security assistance funds.

5855. Limitations on defense conversion authorities.

5856. Soviet weapons destruction.

(a), (b) Omitted.

(c) Avoidance of duplicative amendments.

5857. Waiver of certain provisions.

(a) In general.

(b) Exceptions.

5858. Notice and reports to Congress.

(a) Notice of proposed obligations.

(b) Semiannual report.

(c) Appropriate congressional committees.

5859. International nonproliferation initiative.

(a) to (e) Omitted.

(f) Avoidance of duplicative authorizations.

5859a. International nonproliferation initiative.

(a) Assistance for international nonproliferation

activities.

(b) Activities for which assistance may be

provided.

(c) Form of assistance.

(d) Sources of assistance.

(e) Quarterly report.

(f) Termination of authority.

5860. Report on special nuclear materials.

5861. Research and Development Foundation.

(a) Establishment.

(b) Purposes.

(c) Functions.

(d) Funding.

SUBCHAPTER V - SPACE TRADE AND COOPERATION

5871. Facilitating discussions regarding acquisition of

space hardware, technology, and services from former

Soviet Union.

(a) Expedited review.

(b) Notice to Congress if license denied.

(c) Description of discussions.

5872. Office of Space Commerce.

(a) Trade missions.

(b) Monitoring negotiations.

5873. Report to Congress.

5874. Definitions.

-End-

-CITE-

22 USC Sec. 5801 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

-HEAD-

Sec. 5801. Definition of independent states

-STATUTE-

For purposes of this Act, the terms "independent states of the

former Soviet Union" and "independent states" mean the following:

Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,

Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.

-SOURCE-

(Pub. L. 102-511, Sec. 3, Oct. 24, 1992, 106 Stat. 3321.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-511, Oct. 24, 1992,

106 Stat. 3320, as amended, known as the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets Support Act of 1992

and also as the FREEDOM Support Act. For complete classification of

this Act to the Code, see Short Title note below and Tables.

-MISC1-

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-199, Sec. 1, Dec. 17, 1993, 107 Stat. 2317, provided

that: "This Act [amending sections 295, 2301, 2364, 2370, 2460,

2461, 2578, 2591, 2592, 2595, 2799c, 2799d, 4501 to 4504, 4702, and

4901 of this title, section 4101 of Title 15, Commerce and Trade,

sections 1151 and 1152 of Title 16, Conservation, section 951 of

Title 18, Crimes and Criminal Procedure, section 783 of Title 50,

War and National Defense, and sections 2401 and 2402 of Title 50,

Appendix, repealing sections 254c-2, 2592a, and 2592b of this

title, sections 781, 782, 784, 785, 788 to 795, and 798 of Title

50, and section 2403-1 of Title 50, Appendix, enacting provisions

set out as notes under this section, sections 113 and 2431 of Title

10, Armed Forces, and section 2402 of Title 50, Appendix, amending

provisions set out as notes under section 4501 of this title,

section 113 of Title 10, section 2901 of Title 15, and section 1003

of former Title 40, Public Buildings, Property, and Works, and

repealing provisions set out as notes under sections 287, 2151,

2293, 2458, and 4301 of this title, section 1307 of Title 19,

Customs Duties, and section 781 of Title 50] may be cited as the

'Act For Reform In Emerging New Democracies and Support and Help

for Improved Partnership with Russia, Ukraine, and Other New

Independent States' or as the 'FRIENDSHIP Act'."

SHORT TITLE

Section 1 of Pub. L. 102-511 provided that: "This Act [enacting

this chapter and sections 282m, 282n, 286e-1l, 286e-5b, 286e-13,

286ll, 286mm, 288j, 2295 to 2295c, and 5402 of this title, amending

sections 262d, 2370, 2507, and 4903 of this title and sections

1736o, 3293, 5602, 5621, 5622, and 5651 of Title 7, Agriculture,

enacting provisions set out as notes under sections 2295a, 2452,

2753, 4903, and 5812 of this title, section 5621 of Title 7, and

section 955 of Title 18, Crimes and Criminal Procedure, amending

provisions set out as notes under section 2452 of this title,

section 5622 of Title 7, and sections 1157 and 1255 of Title 8,

Aliens and Nationality, and repealing provisions set out as a note

under section 2452 of this title] may be cited as the 'Freedom for

Russia and Emerging Eurasian Democracies and Open Markets Support

Act of 1992' or the 'FREEDOM Support Act'."

POLICY OF FRIENDSHIP AND COOPERATION

Pub. L. 103-199, title I, Secs. 101-103, Dec. 17, 1993, 107 Stat.

2318, 2319, provided that:

"SEC. 101. STATEMENT OF PURPOSE.

"The purpose of this Act [see Short Title of 1993 Amendment note

above] is to amend or repeal numerous statutory provisions that

restrict or otherwise impede normal relations between the United

States and the Russian Federation, Ukraine, and the other

independent states of the former Soviet Union. All of the statutory

provisions amended or repealed by this Act were relevant and

appropriate at the time of enactment, but with the end of the Cold

War, they have become obsolete. It is not the purpose of this Act

to rewrite or erase history, or to forget those who suffered in the

past from the injustices or repression of communist regimes in the

Soviet Union, but rather to update United States law to reflect

changed international circumstances and to demonstrate for

reformers and democrats in the independent states of the former

Soviet Union the resolve of the people of the United States to

support the process of democratic and economic reform and to

conduct business with those states in a new spirit of friendship

and cooperation.

"SEC. 102. FINDINGS.

"The Congress finds and declares as follows:

"(1) The Vancouver Declaration issued by President Clinton and

President Yeltsin in April 1993 marked a new milestone in the

development of the spirit of cooperation and partnership between

the United States and Russia. The Congress affirms its support

for the principles contained in the Vancouver Declaration.

"(2) The Vancouver Declaration underscored that -

"(A) a dynamic and effective partnership between the United

States and Russia is vital to the success of Russia's historic

transformation;

"(B) the rapid integration of Russia into the community of

democratic nations and the world economy is important to the

national interest of the United States; and

"(C) cooperation between the United States and Russia is

essential to the peaceful resolution of international conflicts

and the promotion of democratic values, the protection of human

rights, and the solution of global problems such as

environmental pollution, terrorism, and narcotics trafficking.

"(3) The Congress enacted the FREEDOM Support Act (Public Law

102-511) [see Short Title note above], as well as other

legislation such as the Soviet Nuclear Threat Reduction Act of

1991 (title II of Public Law 102-228) [22 U.S.C. 2551 note] and

the Former Soviet Union Demilitarization Act of 1992 (title XIV

of Public Law 102-484) [22 U.S.C. 5901 et seq.], to help meet the

historic opportunities and challenges presented by the

transformation that has taken place, and is continuing to take

place, in what once was the Soviet Union.

"(4) The process of reform in Russia, Ukraine, and the other

independent states of the former Soviet Union is ongoing. The

holding of a referendum in Russia on April 25, 1993, that was

free and fair, and that reflected the support of the Russian

people for the process of continued and strengthened democratic

and economic reform, represents an important and encouraging

hallmark in this ongoing process.

"(5) There remain in force many United States laws that are

relics of the Cold War, and repeals or revisions of these

provisions can play an important role in efforts to foster and

strengthen the bonds of trust and friendship, as well as mutually

beneficial trade and economic relations, between the United

States and Russia, the United States and Ukraine, and the United

States and the other independent states of the former Soviet

Union.

"SEC. 103. STATUTORY PROVISIONS THAT HAVE BEEN APPLICABLE TO THE

SOVIET UNION.

"(a) In General. - There are numerous statutory provisions that

were enacted in the context of United States relations with a

country, the Soviet Union, that are fundamentally different from

the relations that now exist between the United States and Russia,

between the United States and Ukraine, and between the United

States and the other independent states of the former Soviet Union.

"(b) Extent of Such Provisions. - Many of the provisions referred

to in subsection (a) imposed limitations specifically with respect

to the Soviet Union, and its constituent republics, or utilized

language that reflected the tension that existed between the United

States and the Soviet Union at the time of their enactment. Other

such provisions did not refer specifically to the Soviet Union, but

nonetheless were directed (or may be construed as having been

directed) against the Soviet Union on the basis of the relations

that formerly existed between the United States and the Soviet

Union, particularly in its role as the leading communist country.

"(c) Findings and Affirmation. - The Congress finds and affirms

that provisions such as those described in this section, including

-

"(1) section 216 of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 4316),

"(2) sections 136 [22 U.S.C. 3943 note] and 804 [99 Stat. 449]

of the Foreign Relations Authorization Act, Fiscal Years 1986 and

1987 (Public Law 99-93),

"(3) section 1222 of the Foreign Relations Authorization Act,

Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1411

[1414]),

"(4) the Multilateral Export Control Enhancement Amendments Act

[see Short Title of 1988 Amendment note set out under section

2410 of Title 50, App., War and National Defense] (50 [App.]

U.S.C. 2410 note, et seq.),

"(5) the joint resolution providing for the designation of

'Captive Nations Week' (Public Law 86-90) [73 Stat. 212],

"(6) the Communist Control Act of 1954 (Public Law 83-637) [see

Short Title note set out under section 781 of Title 50],

"(7) provisions in the Immigration and Nationality Act (8

U.S.C. 1101 et seq.), including sections 101(a)(40), 101(e)(3),

and 313(a)(3) [8 U.S.C. 1101(a)(40), (e)(3), 1424(a)(3)],

"(8) section 2 of the joint resolution entitled 'A joint

resolution to promote peace and stability in the Middle East',

approved March 9, 1957 (Public Law 85-7) [22 U.S.C. 1961 et

seq.], and

"(9) section 43 of the Bretton Woods Agreements Act (22 U.S.C.

286aa),

should not be construed as being directed against Russia, Ukraine,

or the other independent states of the former Soviet Union,

connoting an adversarial relationship between the United States and

the independent states, or signifying or implying in any manner

unfriendliness toward the independent states."

-CROSS-

DEFINITIONS FOR PUB. L. 103-199

Pub. L. 103-199, Sec. 3, Dec. 17, 1993, 107 Stat. 2318, provided

that: "As used in this Act [see Short Title of 1993 Amendment note

above] (including the amendments made by this Act), the terms

'independent states of the former Soviet Union' and 'independent

states' have the meaning given those terms by section 3 of the

Freedom for Russia and Emerging Eurasian Democracies and Open

Markets Support Act of 1992 (22 U.S.C. 5801)."

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Freedom for Russian and Emerging Eurasian Democracies and

Open Markets Support Act of 1992, also known as the FREEDOM Support

Act, is referred to in sections 2152a, 2296e, 2349bb-4, 2421d,

2460, 5958 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 262d, 282m, 2295b, 6036

of this title; title 20 section 6715; title 50 sections 2302,

2357a.

-End-

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22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

22 USC Sec. 5811 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5811. Findings

-STATUTE-

The Congress finds that -

(1) recent developments in Russia and the other independent

states of the former Soviet Union present an historic opportunity

for a transition to a peaceful and stable international order and

the integration of the independent states of the former Soviet

Union into the community of democratic nations;

(2) the entire international community has a vital interest in

the success of this transition, and the dimension of the problems

now faced in the independent states of the former Soviet Union

makes it imperative for donor countries and institutions to

provide the expertise and support necessary to ensure continued

progress on economic and political reforms;

(3) the United States is especially well-positioned because of

its heritage and traditions to make a substantial contribution to

this transition by building on current technical cooperation,

medical, and food assistance programs, by assisting in the

development of democratic institutions, and by fostering

conditions that will encourage the United States business

community to engage in trade and investment;

(4) failure to meet the opportunities presented by these

developments could threaten United States national security

interests and jeopardize substantial savings in United States

defense that these developments have made possible;

(5) the independent states of the former Soviet Union face

unprecedented environmental problems that jeopardize the quality

of life and the very existence of not only their own peoples but

also the peoples of other countries, and it is incumbent on the

international community to assist the independent states in

addressing these problems and in promoting sustainable use of

resources and development;

(6) the success of United States assistance for the independent

states of the former Soviet Union depends on -

(A) effective coordination of United States efforts with

similar activities of friendly and allied donor countries and

of international financial institutions, and

(B) reciprocal commitments by the governments of the

independent states to work toward the creation of democratic

institutions and an environment hospitable to foreign

investment based upon the rule of law, including negotiation of

bilateral and multilateral agreements on open trade and

investment, adoption of commercial codes, establishment of

transparency in regulatory and other governmental decision

making, and timely payment of obligations carried over from

previous governmental entities; and

(7) trade and investment opportunities in the independent

states of the former Soviet Union will generate employment and

other economic benefits for the United States as the economies of

the independent states of the former Soviet Union begin to

realize their enormous potential as both customers and suppliers.

-SOURCE-

(Pub. L. 102-511, title I, Sec. 101, Oct. 24, 1992, 106 Stat.

3321.)

-End-

-CITE-

22 USC Sec. 5812 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5812. Program coordination, implementation, and oversight

-STATUTE-

(a) Coordination

The President shall designate, within the Department of State, a

coordinator who shall be responsible for -

(1) designing an overall assistance and economic cooperation

strategy for the independent states of the former Soviet Union;

(2) ensuring program and policy coordination among agencies of

the United States Government in carrying out the policies set

forth in this Act (including the amendments made by this Act and

chapter 12 of part I of the Foreign Assistance Act of 1961 [22

U.S.C. 2296 et seq.]);

(3) pursuing coordination with other countries and

international organizations with respect to assistance to

independent states;

(4) ensuring that United States assistance programs for the

independent states are consistent with this Act (including the

amendments made by this Act and chapter 12 of part I of the

Foreign Assistance Act of 1961 [22 U.S.C. 2296 et seq.]);

(5) ensuring proper management, implementation, and oversight

by agencies responsible for assistance programs for the

independent states; and

(6) resolving policy and program disputes among United States

Government agencies with respect to United States assistance for

the independent states.

(b) Export promotion activities

Consistent with subsection (a) of this section, coordination of

activities related to the promotion of exports of United States

goods and services to the independent states of the former Soviet

Union shall continue to be primarily the responsibility of the

Secretary of Commerce, in the Secretary's role as Chair of the

Trade Promotion Coordination Committee.

(c) International economic activities

Consistent with subsection (a) of this section, coordination of

activities relating to United States participation in international

financial institutions and relating to organization of multilateral

efforts aimed at currency stabilization, currency convertibility,

debt reduction, and comprehensive economic reform programs shall

continue to be primarily the responsibility of the Secretary of the

Treasury, in the Secretary's role as Chair of the National Advisory

Council on International Monetary and Financial Policies and as the

United States Governor of the international financial institutions.

(d) Accountability for funds

Any agency managing and implementing an assistance program for

the independent states of the former Soviet Union shall be

accountable for any funds made available to it for such program.

-SOURCE-

(Pub. L. 102-511, title I, Sec. 102, Oct. 24, 1992, 106 Stat. 3322;

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 596(c)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-126.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(2), (4), is Pub. L. 102-511,

Oct. 24, 1992, 106 Stat. 3320, as amended, known as the Freedom for

Russia and Emerging Eurasian Democracies and Open Markets Support

Act of 1992 and also as the FREEDOM Support Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

The Foreign Assistance Act of 1961, referred to in subsec.

(a)(2), (4), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 12 of part I of the Act is classified generally to

part XII [Sec. 2296 et seq.] of subchapter I of chapter 32 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(2), (4). Pub. L. 106-113 substituted "this Act

and chapter 12 of part I of the Foreign Assistance Act of 1961)"

for "this Act)".

RUSSIAN AND UKRAINIAN BUSINESS MANAGEMENT EDUCATION

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title IV,

subtitle B], Nov. 29, 1999, 113 Stat. 1536, 1501A-448, provided

that:

"SEC. 421. PURPOSE.

"The purpose of this subtitle is to establish a training program

in Russia and Ukraine for nationals of those countries to obtain

skills in business administration, accounting, and marketing, with

special emphasis on instruction in business ethics and in the basic

terminology, techniques, and practices of those disciplines, to

achieve international standards of quality, transparency, and

competitiveness.

"SEC. 422. DEFINITIONS.

"In this subtitle:

"(1) Distance learning. - The term 'distance learning' means

training through computers, interactive videos, teleconferencing,

and videoconferencing between and among students and teachers.

"(2) Eligible enterprise. - The term 'eligible enterprise'

means -

"(A) in the case of Russia -

"(i) a business concern operating in Russia that employs

Russian nationals in Russia; or

"(ii) a private enterprise that is being formed or operated

by former officers of the Russian armed forces in Russia; and

"(B) in the case of Ukraine -

"(i) a business concern operating in Ukraine that employs

Ukrainian nationals in Ukraine; or

"(ii) a private enterprise that is being formed or operated

by former officers of the Ukrainian armed forces in Ukraine.

"(3) Eligible national. - The term 'eligible national' means

the employee of an eligible enterprise who is employed in the

program country.

"(4) Program. - The term 'program' means the program of

technical assistance established under section 423.

"(5) Program country. - The term 'program country' means -

"(A) Russia in the case of any eligible enterprise operating

in Russia that receives technical assistance under the program;

or

"(B) Ukraine in the case of any eligible enterprise operating

in Ukraine that receives technical assistance under the

program.

"SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.

"(a) Training Program. -

"(1) In general. - The President is authorized to establish a

program of technical assistance to provide the training described

in section 421 to eligible enterprises.

"(2) Implementation. - Training shall be carried out by United

States nationals having expertise in business administration,

accounting, and marketing or by eligible nationals who have been

trained under the program. Such training may be carried out -

"(A) in the offices of eligible enterprises, at business

schools or institutes, or at other locations in the program

country, including facilities of the armed forces of the

program country, educational institutions, or in the offices of

trade or industry associations, with special consideration

given to locations where similar training opportunities are

limited or nonexistent; or

"(B) by 'distance learning' programs originating in the

United States or in European branches of United States

institutions.

"(b) Internships With United States Domestic Business Concerns. -

Authorized program costs may include the travel expenses and

appropriate in-country business English language training, if

needed, of eligible nationals who have completed training under the

program to undertake short-term internships with business concerns

in the United States.

"SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.

"(a) Procedures. -

"(1) In general. - Each eligible enterprise that desires to

receive training for its employees and managers under this

subtitle shall submit an application to the clearinghouse under

subsection (c), at such time, in such manner, and accompanied by

such additional information as may reasonably be required.

"(2) Joint applications. - A consortium of eligible enterprises

may file a joint application under the provisions of paragraph

(1).

"(b) Contents. - An application under subsection (a) may be

approved only if the application -

"(1) is for an individual or individuals employed in an

eligible enterprise or enterprises applying under the program;

"(2) describes the level of training for which assistance under

this subtitle is sought;

"(3) provides evidence that the eligible enterprise meets the

general policies adopted for the administration of this subtitle;

"(4) provides assurances that the eligible enterprise will pay

a share of the costs of the training, which share may include

in-kind contributions; and

"(5) provides such additional assurances as are determined to

be essential to ensure compliance with the requirements of this

subtitle.

"(c) Clearinghouse. - A clearinghouse shall be established or

designated in each program country to manage and execute the

program in that country. The clearinghouse shall screen

applications, provide information regarding training and teachers,

monitor performance of the program, and coordinate appropriate

post-program follow-on activities.

"SEC. 425. RESTRICTIONS NOT APPLICABLE.

"Prohibitions on the use of foreign assistance funds for

assistance for the Russian Federation or for Ukraine shall not

apply with respect to the funds made available to carry out this

subtitle.

"SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - There is authorized to be appropriated

$10,000,000 for the fiscal year 2000 and $10,000,000 for the fiscal

year 2001 to carry out this subtitle.

"(b) Availability of Funds. - Amounts appropriated under

subsection (a) are authorized to remain available until expended."

RESTRICTION ON ASSISTANCE TO AZERBAIJAN

Pub. L. 107-115, title II [(g)(2)-(6)], Jan. 10, 2002, 115 Stat.

2129, provided that:

"(2) The President may waive section 907 of the FREEDOM Support

Act [Pub. L. 102-511, set out below] if he determines and certifies

to the Committees on Appropriations that to do so -

"(A) is necessary to support United States efforts to counter

international terrorism; or

"(B) is necessary to support the operational readiness of

United States Armed Forces or coalition partners to counter

international terrorism; or

"(C) is important to Azerbaijan's border security; and

"(D) will not undermine or hamper ongoing efforts to negotiate

a peaceful settlement between Armenia and Azerbaijan or be used

for offensive purposes against Armenia.

"(3) The authority of paragraph (2) may only be exercised through

December 31, 2002.

"(4) The President may extend the waiver authority provided in

paragraph (2) on an annual basis on or after December 31, 2002 if

he determines and certifies to the Committees on Appropriations in

accordance with the provisions of paragraph (2).

"(5) The Committees on Appropriations shall be consulted prior to

the provision of any assistance made available pursuant to

paragraph (2).

"(6) Within 60 days of any exercise of the authority under

paragraph (2) the President shall send a report to the appropriate

congressional committees specifying in detail the following -

"(A) the nature and quantity of all training and assistance

provided to the Government of Azerbaijan pursuant to paragraph

(2);

"(B) the status of the military balance between Azerbaijan and

Armenia and the impact of United States assistance on that

balance; and

"(C) the status of negotiations for a peaceful settlement

between Armenia and Azerbaijan and the impact of United States

assistance on those negotiations."

Section 907 of Pub. L. 102-511 provided that: "United States

assistance under this or any other Act (other than assistance under

title V of this Act [22 U.S.C. 5851 et seq.]) may not be provided

to the Government of Azerbaijan until the President determines, and

so reports to the Congress, that the Government of Azerbaijan is

taking demonstrable steps to cease all blockades and other

offensive uses of force against Armenia and Nagorno-Karabakh."

SUPPORT FOR MACROECONOMIC STABILIZATION IN INDEPENDENT STATES OF

FORMER SOVIET UNION

Section 1004 of Pub. L. 102-511 provided that:

"(a) In General. - In order to promote macroeconomic

stabilization and the integration of the independent states of the

former Soviet Union into the international financial system,

enhance the opportunities for trade, improve the climate for

foreign investment, and strengthen the process of transformation of

the former socialist economies into free enterprise systems and

thereby progressively enhance the well-being of the citizens of

these states, the United States should in appropriate circumstances

take a leading role in organizing and supporting multilateral

efforts at macroeconomic stabilization and debt rescheduling,

conditioned on the appropriate development and implementation of

comprehensive economic reform programs.

"(b) Currency Stabilization. - In furtherance of the purposes and

consistent with the conditions described in subsection (a), the

Congress expresses its support for United States participation, in

sums of up to $3,000,000,000, in a currency stabilization fund or

funds for the independent states of the former Soviet Union.

"(c) Study of the Need for and Feasibility of a Currency

Stabilization Fund for Ukraine. - The Secretary of the Treasury

shall instruct the United States Executive Director of the

International Monetary Fund to use the voice and vote of the United

States to urge the Fund to conduct a study of the need for and

feasibility of a currency stabilization fund for Ukraine, and, if

it is found that such a fund is needed and is feasible, which

considers and makes recommendations with respect to the economic

and policy conditions required for the success of such a fund."

REPORT ON DEBT OF FORMER SOVIET UNION HELD BY COMMERCIAL FINANCIAL

INSTITUTIONS

Section 1007 of Pub. L. 102-511 directed Secretary of the

Treasury, using information available from the International

Monetary Fund, the International Bank for Reconstruction and

Development, and other appropriate international financial

institutions, to report to Congress, not later than one year after

Oct. 24, 1992, on the debt incurred by the former Soviet Union that

is held by commercial financial institutions outside the

independent states of the former Soviet Union that are obligated on

such debt.

-EXEC-

EX. ORD. NO. 12884. DELEGATION OF FUNCTIONS UNDER FREEDOM SUPPORT

ACT AND RELATED PROVISIONS OF FOREIGN OPERATIONS, EXPORT FINANCING

AND RELATED PROGRAMS APPROPRIATIONS ACT

Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended by

Ex. Ord. No. 13030, Sec. 3, Dec. 12, 1996, 61 F.R. 66187; Pub. L.

105-277, div. G, subdiv. A, title XIV, Sec. 1422(a)(4), Oct. 21,

1998, 112 Stat. 2681-792; Ex. Ord. No. 13118, Sec. 10(1), Mar. 31,

1999, 64 F.R. 16598, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the FREEDOM

Support Act (Public Law 102-511) (the "Act") [22 U.S.C. 5801 et

seq.], the Foreign Assistance Act of 1961, as amended (the "Foreign

Assistance Act") [22 U.S.C. 2151 et seq.], the Foreign Operations,

Export Financing and Related Programs Appropriations Act, 1993

(Public Law 102-391) [see Tables for classification], and section

301 of title 3, United States Code, it is hereby ordered as

follows:

Section 1. Secretary of State. (a) There are delegated to the

Secretary of State the functions conferred upon the President by:

(1) section 907 of the Act [set out above];

(2) paragraphs (1), (2), (3), and (5) of section 498A(b) of the

Foreign Assistance Act [22 U.S.C. 2295a(b)(1), (2), (3), (5)];

(3) paragraph (1) of section 498A(C) of the Foreign Assistance

Act [22 U.S.C. 2295a(c)(1)] and the requirement to make reports

under that section regarding determinations under that paragraph;

and

(4) section 599B of Public Law 102-391 [106 Stat. 1697].

(b) The Secretary of State may at any time exercise any function

delegated to the Coordinator under this order or otherwise assigned

to the Coordinator.

Sec. 2. Coordinator. There are delegated to the Coordinator

designated in accordance with section 102 of the Act [22 U.S.C.

5812] the functions conferred upon the President by:

(a) section 104 of the Act [22 U.S.C. 5814], and the Coordinator

is authorized to assign responsibility for particular aspects of

the reports described in that section to the heads of appropriate

agencies;

(b) section 301 of the Act [22 U.S.C. 5821], insofar as it

relates to determinations and directives;

(c) section 498A(a), section 498B(c), and section 498B(g) of the

Foreign Assistance Act [22 U.S.C. 2295a(a), 2295b(c), (g)]; and

(d) paragraph (2) of section 498A(c) of the Foreign Assistance

Act [22 U.S.C. 2295a(c)(2)] and the requirement to make reports

under that section regarding determinations under that paragraph.

Sec. 3. Secretary of State-Additional Functions. There are

delegated to the Secretary of State the functions conferred upon

the President by:

(a) sections 301(a) and 307 of the Act [22 U.S.C. 5821(a), 5827],

except insofar as provided otherwise in section 2(b) of this order;

(b) section 498 and section 498C(b)(2) of the Foreign Assistance

Act [22 U.S.C. 2295, 2295c(b)(2)];

(c) paragraph (3) of section 498A(c) of the Foreign Assistance

Act [22 U.S.C. 2295a(c)(3)] and the requirement to make reports

under that section regarding determinations under that paragraph;

(d) subsection (d) under the heading "Assistance for the New

Independent States of the Former Soviet Union" contained in Title

II of Public Law 102-391 [106 Stat. 1650]; and

(e) section 592 of Public Law 102-391 [106 Stat. 1691], except to

the extent otherwise provided in section 5(b) of this order.

Sec. 4. Secretary of Agriculture. There are delegated to the

Secretary of Agriculture the functions conferred upon the President

by section 807(d) of the Act [22 U.S.C. 2452 note].

Sec. 5. Other Agencies. The functions conferred upon the

President by:

(a) sections 498B(h) and 498B(i) of the Foreign Assistance Act

[22 U.S.C. 2295b(h), (i)] are delegated to the head of the agency

that is responsible for administering the particular program or

activity with respect to which the authority is to be exercised;

and

(b) the third proviso in section 592 of Public Law 102-391 [106

Stat. 1691] are delegated to the head of each agency that is

responsible for administering relevant programs or activities.

Sec. 6. General. (a) the [sic] functions described in sections 4

and 5 of this order shall be exercised subject to the authority of

the Coordinator under section 102(a) of the Act [22 U.S.C. 5812(a)]

or otherwise.

(b) As used in this order, the word "function" includes any duty,

obligations, power, authority, responsibility, right, privilege,

discretion, or activity.

(c) Functions delegated under this order shall be construed as

excluded from the functions delegated under section 1-102(a) of

Executive Order No. 12163, as amended [22 U.S.C. 2381 note].

(d) Any officer to whom functions are delegated or otherwise

assigned under this order may, to the extent consistent with law,

redelegate such functions and authorize their successive

redelegation.

William J. Clinton.

[Section 3 of Ex. Ord. No. 12884, set out above, was to cease to

be effective pursuant to Pub. L. 105-277, div. G, subdiv. A, title

XIV, Sec. 1422(a)(4), Oct. 21, 1998, 112 Stat. 2681-792.]

WAIVER OF RESTRICTION ON ASSISTANCE TO AZERBAIJAN

Determination of President of the United States, No. 2003-12,

Jan. 17, 2003, 68 F.R. 3803, provided:

Memorandum for the Secretary of State

Pursuant to the authority contained in Title II of the Kenneth M.

Ludden Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 2002 (Public Law 107-115) [set out as a note

above], I hereby determine and certify that extending the waiver of

section 907 of the FREEDOM Support Act of 1992 (Public Law 102-511)

[set out as a note above]:

-- is necessary to support United States efforts to counter

international terrorism;

-- is necessary to support the operational readiness of United

States Armed Forces or coalition partners to counter international

terrorism;

-- is important to Azerbaijan's border security; and

-- will not undermine or hamper ongoing efforts to negotiate a

peaceful settlement between Armenia and Azerbaijan or be used for

offensive purposes against Armenia.

Accordingly, I hereby extend the waiver of section 907 of the

FREEDOM Support Act. You are authorized and directed to notify the

Congress of this determination and to arrange for its publication

in the Federal Register.

George W. Bush.

Prior waiver of section 907 of Pub. L. 102-511 was contained in

the following:

Determination of the President of the United States, No. 2002-06,

Jan. 25, 2002, 67 F.R. 5921.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5813, 5841 of this title.

-End-

-CITE-

22 USC Sec. 5813 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5813. Report on overall assistance and economic cooperation

strategy

-STATUTE-

(a) Requirement for submission

As soon as practicable after October 24, 1992, the coordinator

designated pursuant to section 5812(a) of this title shall submit

to the Congress a report on the overall assistance and economic

cooperation strategy for the independent states of the former

Soviet Union that is required to be developed pursuant to paragraph

(1) of that section.

(b) Assistance plan

The report submitted pursuant to subsection (a) of this section

shall include a plan specifying -

(1) the amount of the funds authorized to be appropriated for

fiscal year 1993 by chapter 11 of part I of the Foreign

Assistance Act of 1961 [22 U.S.C. 2295 et seq.] proposed to be

allocated for each of the categories of activities authorized by

section 498 of that Act [22 U.S.C. 2295] and to carry out section

5821 of this title (relating to American Business Centers),

section 5823 of this title (relating to export promotion

activities and capital projects), and subchapter III of this

chapter (relating to the Democracy Corps);

(2) the amount of other funds made available for fiscal year

1993 to carry out the Foreign Assistance Act of 1961 [22 U.S.C.

2151 et seq.] proposed to be allocated for assistance under that

Act for the independent states of the former Soviet Union; and

(3) the amount of funds available for fiscal year 1993 under

the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] that

are proposed to be made to each agency to carry out activities

for the independent states under that Act or this Act.

-SOURCE-

(Pub. L. 102-511, title I, Sec. 103, Oct. 24, 1992, 106 Stat.

3323.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which

is classified principally to chapter 32 (Sec. 2151 et seq.) of this

title. Chapter 11 of part I of the Act is classified generally to

part XI (Sec. 2295 et seq.) of subchapter I of chapter 32 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

This Act, referred to in subsec. (b)(3), is Pub. L. 102-511, Oct.

24, 1992, 106 Stat. 3320, as amended, known as the Freedom for

Russia and Emerging Eurasian Democracies and Open Markets Support

Act of 1992 and also as the FREEDOM Support Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

-End-

-CITE-

22 USC Sec. 5814 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5814. Annual report

-STATUTE-

Not later than January 31 of each year, the President shall

submit to the Congress a report on United States assistance for the

independent states of the former Soviet Union under this Act or

other provisions of law. Each such report shall include -

(1) an assessment of the progress each independent state has

made in meeting the standards set forth in section 2295a of this

title, including a description of the steps each independent

state has taken or is taking toward meeting those standards and a

discussion of additional steps that each independent state could

take to meet those standards;

(2) a description of the United States assistance for each

independent state that was provided during the preceding fiscal

year, is planned for the current fiscal year, and is proposed for

the coming fiscal year, specifying the extent to which such

assistance for the preceding fiscal year and for current fiscal

year has actually been delivered;

(3) an assessment of the effectiveness of United States

assistance in achieving its purposes;

(4) an evaluation of the manner in which the "notwithstanding"

authority provided in section 2295b(j)(1) of this title, and the

"notwithstanding" authority provided in any other provision of

law with respect to assistance for the independent states, has

been used and why the use of that authority was necessary; and

(5) with respect to the countries of the South Caucasus and

Central Asia -

(A) an identification of the progress made by the United

States in accomplishing the policy described in section 3 of

the Silk Road Strategy Act of 1999;

(B) an evaluation of the degree to which the assistance

authorized by chapter 12 of part I of the Foreign Assistance

Act of 1961 [22 U.S.C. 2296 et seq.] has accomplished the

purposes identified in that chapter;

(C) a description of the progress being made by the United

States to resolve trade disputes registered with and raised by

the United States embassies in each country, and to negotiate a

bilateral agreement relating to the protection of United States

direct investment in, and other business interests with, each

country; and

(D) recommendations of any additional initiatives that should

be undertaken by the United States to implement the policy and

purposes contained in the Silk Road Strategy Act of 1999 [22

U.S.C. 2296 et seq.].

-SOURCE-

(Pub. L. 102-511, title I, Sec. 104, Oct. 24, 1992, 106 Stat. 3324;

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 596(d)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-126.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-511, Oct. 24, 1992,

106 Stat. 3320, as amended, known as the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets Support Act of 1992

and also as the FREEDOM Support Act. For complete classification of

this Act to the Code, see Short Title note set out under section

5801 of this title and Tables.

The Silk Road Strategy Act of 1999, referred to in par. (5)(A),

(D), is Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec.

596], Nov. 29, 1999, 113 Stat. 1535, 1501A-123, which enacted part

XII (Sec. 2296 et seq.) of subchapter I of chapter 32 of this title

and amended this section and section 5812 of this title. Section 3

of the Act probably refers to a section 3 which related to Policy

of the United States and appeared in H.R. 1152 as introduced in the

House of Representatives, but was not contained in the provisions

of that bill that were incorporated into Pub. L. 106-113. For

complete classification of this Act to the Code, see Short Title of

1999 Amendment note set out under section 2151 of this title and

Tables.

The Foreign Assistance Act of 1961, referred to in par. (5)(B),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

12 of part I of the Act is classified generally to part XII [Sec.

2296 et seq.] of subchapter I of chapter 32 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-MISC1-

AMENDMENTS

1999 - Par. (5). Pub. L. 106-113 added par. (5).

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of functions of President under this section, see

Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set

out as a note under section 2381 of this title.

For delegation of certain functions of President under this

section, see section 2(a) of Ex. Ord. No. 12884, Dec. 1, 1993, 58

F.R. 64099, set out as a note under section 5812 of this title.

-MISC2-

PRESIDENTIAL REPORT ON FUNDING FOR NEW INDEPENDENT STATES OF FORMER

SOVIET UNION

Pub. L. 103-306, title II, Aug. 23, 1994, 108 Stat. 1617,

provided in part that: "(o) The report required by subsection (d)

under the heading 'Assistance for the New Independent States of the

Former Soviet Union', contained in Public Law 102-391 [set out

below], shall be updated at least annually and shall also contain a

listing of all grants and contracts issued from funds appropriated

annually for the new independent states of the former Soviet Union,

to include for each grant and contract (1) a description of its

purpose, (2) its amount, and (3) the country where the grant or

contract funds are to be expended."

Pub. L. 102-391, title III, Oct. 6, 1992, 106 Stat. 1650,

provided in part that: "(d) Reports. - The President shall submit a

report to the Committees on Appropriations containing the amount of

funds obligated and expended for each project and subproject funded

from amounts appropriated under this heading for the new

independent states of the former Soviet Union. The report required

by this subsection shall be submitted to the Committees on

Appropriations no later than January 1, 1993, and an update of this

report shall be submitted by the President to those Committees no

later than July 1, 1993."

RESTRICTIONS ON ASSISTANCE FOR NEW INDEPENDENT STATES OF FORMER

SOVIET UNION; REPORT TO CONGRESS

Pub. L. 103-87, title V, Sec. 560(g), Sept. 30, 1993, 107 Stat.

967, provided that: "None of the funds appropriated by this Act

[see Tables for classification] shall be made available to any

government of the New Independent States of the former Soviet Union

if that government directs any action in violation of the

territorial integrity or national sovereignty of any other New

Independent State, such as those violations included in Principle

Six of the Helsinki Final Act: Provided, That such funds may be

made available without regard to the restriction in this subsection

if the President determines that to do so is in the national

interest of the United States: Provided further, That the

restriction of this subsection shall not apply to the use of such

funds for the provision of assistance for purposes of humanitarian,

disaster and refugee relief: Provided further, That thirty days

after the date of enactment of this Act [Sept. 30, 1993], and then

annually thereafter, the Secretary of State shall report to the

Committees on Appropriations on steps taken by the governments of

the New Independent States concerning violations referred to in

this subsection: Provided further, That in preparing this report

the Secretary shall consult with the United States Representative

to the Conference on Security and Cooperation in Europe [now the

Organization for Security and Cooperation in Europe]."

Similar provisions relating to nonavailability of funds to any

government of the new independent states of the former Soviet Union

if that government directs any action in violation of the

territorial integrity or national sovereignty of any other new

independent state, were contained in the following appropriation

acts:

Pub. L. 107-115, title V, Sec. 517(b), Jan. 10, 2002, 115 Stat.

2144.

Pub. L. 106-429, Sec. 101(a) [title V, Sec. 517(b)], Nov. 6,

2000, 114 Stat. 1900, 1900A-27.

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 517(b)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-86.

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 517(b)], Oct.

21, 1998, 112 Stat. 2681-150, 2681-174.

Pub. L. 105-118, title II, [(c)], Nov. 26, 1997, 111 Stat. 2395.

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title II, [(d)]],

Sept. 30, 1996, 110 Stat. 3009-121, 3009-130.

Pub. L. 104-107, title II, [(d)], Feb. 12, 1996, 110 Stat. 712.

Pub. L. 103-306, title II, Aug. 23, 1994, 108 Stat. 1616.

-EXEC-

REPORT TO CONGRESS UNDER FREEDOM SUPPORT ACT

Memorandum of President of the United States, Jan. 29, 1993, 58

F.R. 8201, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the FREEDOM

Support Act (Public Law 102-511) (the "Act") [see Short Title note

set out under section 5801 of this title] and section 301 of Title

3 of the United States Code, I hereby delegate the functions and

authorities relating to the report required to be submitted not

later than January 31, 1993, under section 104 of the Act [22

U.S.C. 5814] to the Secretary of State, who is authorized to

redelegate these functions and authorities consistent with

applicable law.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-End-

-CITE-

22 USC SUBCHAPTER II - BUSINESS AND COMMERCIAL

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-End-

-CITE-

22 USC Sec. 5821 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5821. American Business Centers

-STATUTE-

(a) Establishment

The President is authorized and encouraged to establish American

Business Centers in the independent states of the former Soviet

Union receiving assistance under chapter 11 of part I of the

Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.] where the

President determines that such centers can be cost-effective in

promoting the objectives described in section 498 of that Act [22

U.S.C. 2295] and United States economic interests and in

establishing commercial partnerships between the people of the

United States and the peoples of the independent states.

(b) Environmental business centers and agribusiness centers

For purposes of this section, the term "American Business

Centers" includes the following:

(1) Environmental business centers in those independent states

that offer promising market possibilities for the export of

United States environmental goods and services. To the maximum

extent practicable, these environmental business centers should

be established as a component of other centers.

(2) Agribusiness centers that include the participation of

private United States agribusinesses or agricultural

cooperatives, private nonprofit organizations, State universities

and land grant colleges, and financial institutions, that make

appropriate contributions of equipment, materials, and personnel

for the operation of such centers. The purposes of these

agribusiness centers shall be -

(A) to enhance the ability of farmers and other agribusiness

practitioners in the independent states to better meet the

needs of the people of the independent states;

(B) to assist the transition from a command and control

system in agriculture to a free market system; and

(C) to facilitate the demonstration and use of United States

agricultural equipment and technology.

(c) Additional policy guidance

To the maximum extent possible, and consistent with the

particular purposes of the specific types of centers, the President

should direct that -

(1) the American Business Centers established pursuant to this

section place special emphasis on assistance to United States

small- and medium-sized businesses to facilitate their entry into

the commercial markets of the independent states;

(2) such centers offer office space, business facilities, and

market analysis services to United States firms, trade

associations, and State economic development offices on a

user-fee basis that minimizes the cost of operating such centers;

(3) such centers serve as a repository for commercial, legal,

and technical information, including environmental and export

control information;

(4) such centers identify existing or potential counterpart

businesses or organizations that may require specific technical

coordination or assistance;

(5) such centers be established in several sites in the

independent states; and

(6) host countries be asked to make appropriate contributions

of real estate and personnel for the establishment and operation

of such centers.

(d) Funding

(1) Reimbursement agreement

Not later than 90 days after October 24, 1992, the

Administrator of the Agency for International Development shall

conclude a reimbursement agreement with the Secretary of Commerce

for the Department of Commerce's services in establishing and

operating American Business Centers pursuant to this section.

(2) Authorization of appropriations

Of the amount authorized to be appropriated to carry out

chapter 11 of part I of the Foreign Assistance Act of 1961 [22

U.S.C. 2295 et seq.], up to $12,000,000 for fiscal year 1993 are

authorized to be appropriated to carry out this section, in

addition to amounts otherwise available for such purpose.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 301, Oct. 24, 1992, 106 Stat.

3332.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsecs. (a)

and (d)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 11 of part I of the Act is classified generally to

part XI (Sec. 2295 et seq.) of subchapter I of chapter 32 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) delegated to Secretary

of State except that functions of President under this section,

insofar as relating to determinations and directives, delegated to

Coordinator, see sections 2(b) and 3(a) of Ex. Ord. No. 12884, Dec.

1, 1993, 58 F.R. 64099, as amended, set out as a note under section

5812 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5813 of this title; title

15 section 4729.

-End-

-CITE-

22 USC Sec. 5822 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5822. Business and Agriculture Advisory Council

-STATUTE-

(a) Establishment

The President is authorized to establish an advisory council to

be known as the Independent States Business and Agriculture

Advisory Council (hereinafter in this section referred to as the

"Council") -

(1) to consult with and advise the President periodically

regarding programs of assistance for the independent states of

the former Soviet Union; and

(2) to evaluate, and consult periodically with the President

regarding, the adequacy of bilateral and multilateral assistance

programs that would facilitate exports by United States companies

to, and investments by United States companies in, the

independent states.

(b) Membership

The Council should consist of 15 members, appointed by the

President, who are drawn from United States companies reflecting

diverse businesses and perspectives that have experience and

expertise in dealing with the independent states of the former

Soviet Union. The President should designate one such member to

serve as Chair of the Council. Five such members should be

appointed upon the recommendation of the Speaker and the Minority

Leader of the House of Representatives and 5 should be appointed

upon the recommendation of the Majority Leader and Minority Leader

of the Senate. Members of the Council shall receive no compensation

from the United States Government by reason of their service on the

Council.

(c) Staff

Upon request of the Chair of the Council, the head of any United

States Government agency may detail, on a nonreimbursable basis,

any of the personnel of such agency to the Council to assist the

Council.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 302, Oct. 24, 1992, 106 Stat.

3333.)

-MISC1-

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by Congress, its duration is otherwise provided for by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4729.

-End-

-CITE-

22 USC Sec. 5823 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5823. Funding for export promotion activities and capital

projects

-STATUTE-

(a) Allocation of A.I.D. funds

The President is encouraged to use a portion of the funds made

available for the independent states of the former Soviet Union

under chapter 11 of part I of the Foreign Assistance Act of 1961

[22 U.S.C. 2295 et seq.] -

(1) to fund the export promotion, finance, and related

activities carried out pursuant to subsection (b)(1) of this

section, including activities relating to the export of

intermediary goods; and

(2) to fund capital projects, including projects for

telecommunications, environmental cleanup, power production, and

energy related projects.

(b) Export promotion, finance, and related activities

The Secretary of Commerce, as Chair of the Trade Promotion

Coordination Committee, should, in conjunction with other members

of that committee, design and implement programs to provide

adequate commercial and technical assistance to United States

businesses seeking markets in the independent states of the former

Soviet Union, including the following:

(1) Increasing the United States and Foreign Commercial Service

presence in the independent states, in particular in the Russian

Far Eastern cities of Vladivostok and Khabarovsk.

(2) Preparing profiles of export opportunities for United

States businesses in the independent states and providing other

technical assistance.

(3) Utilizing the Market Development Cooperator Program under

section 4723 of title 15.

(4) Developing programs specifically for the purpose of

assisting small- and medium-sized businesses in entering

commercial markets of the independent states. In carrying out

this paragraph, the Secretary of Commerce, to the extent

possible, should work directly with private sector organizations

with proven experience in trade and economic relations with the

independent states.

(5) Supporting projects undertaken by the United States

business community on the basis of partnership, joint venture,

contractual, or other cooperative agreements with appropriate

entities in the independent states.

(6) Supporting export finance programs, feasibility studies,

political risk insurance, and other related programs through

increased funding and flexibility in the implementation of such

programs.

(7) Supporting the Business Information Service (BISNIS) and

its related programs.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 303, Oct. 24, 1992, 106 Stat.

3333.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

11 of part I of the Act is classified generally to part XI (Sec.

2295 et seq.) of subchapter I of chapter 32 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5813 of this title; title

15 section 4727.

-End-

-CITE-

22 USC Sec. 5824 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5824. Interagency working group on energy of the Trade

Promotion Coordinating Committee

-STATUTE-

The Trade Promotion Coordinating Committee should utilize its

interagency working group on energy to assist United States energy

sector companies to develop a long-term strategy for penetrating

the energy market in the independent states of the former Soviet

Union. The working group should -

(1) work with officials from the independent states in creating

an environment conducive to United States energy investment;

(2) help to coordinate assistance to United States companies

involved with projects to clean up former Soviet nuclear weapons

sites and commercial nuclear waste; and

(3) work with representatives from United States business and

industry involved with the energy sector to help facilitate the

identification of business opportunities, including the promotion

of oil, gas, and clean coal technology and products, energy

efficiency, and the formation of joint ventures between United

States companies and companies of the independent nations.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 304, Oct. 24, 1992, 106 Stat.

3334.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4727.

-End-

-CITE-

22 USC Sec. 5825 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5825. Repealed. Pub. L. 104-66, title I, Sec. 1021(e), Dec.

21, 1995, 109 Stat. 713

-MISC1-

Section, Pub. L. 102-511, title III, Sec. 305, Oct. 24, 1992, 106

Stat. 3335, directed Secretary of Commerce to submit to Congress

annual reports describing implementation of business and commercial

development provisions, analyzing programs of other industrialized

countries, and examining trade practices of other Organization for

Economic Cooperation and Development nations.

-End-

-CITE-

22 USC Sec. 5826 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5826. Policy on combatting tied aid practices

-STATUTE-

Should the Secretary of the Treasury determine that foreign

countries are engaged in tied aid practices with respect to any of

the independent states of the former Soviet Union that violate the

1991 Helsinki agreement of the Organization for Economic

Cooperation and Development, the President should give priority

attention to combatting such practices.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 306, Oct. 24, 1992, 106 Stat.

3335.)

-End-

-CITE-

22 USC Sec. 5827 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5827. Technical assistance for Russian Far East

-STATUTE-

(a) Authorization

The President is authorized to provide technical assistance,

through an American university in a region which received nonstop

air service to and from the Russian Far East as of July 1, 1992, to

facilitate the development of United States business opportunities,

free markets, and democratic institutions in the Russian Far East.

(b) Authorization of appropriations

There are authorized to be appropriated $2,000,000 to carry out

subsection (a) of this section.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 307, Oct. 24, 1992, 106 Stat.

3335.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of certain functions of President under this

section, see section 3(a) of Ex. Ord. No. 12884, Dec. 1, 1993, 58

F.R. 64099, as amended, set out as a note under section 5812 of

this title.

-End-

-CITE-

22 USC Sec. 5828 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER II - BUSINESS AND COMMERCIAL DEVELOPMENT

-HEAD-

Sec. 5828. Funding for OPIC programs

-STATUTE-

(a) Authority to make additional funds available

Funds authorized to be appropriated for fiscal year 1993 to carry

out chapter 11 of part I of the Foreign Assistance Act of 1961 [22

U.S.C. 2295 et seq.] may be made available to cover costs incurred

by the Overseas Private Investment Corporation in carrying out

programs with respect to the independent states of the former

Soviet Union under title IV of chapter 2 of part I of that Act (22

U.S.C. 2191 and following), in addition to amounts otherwise

available for that purpose.

(b) Enactment of OPIC Authorization Act

The authority of subsection (a) of this section shall cease to be

effective upon the enactment of the Overseas Private Investment

Corporation Act Amendments Act of 1992.

-SOURCE-

(Pub. L. 102-511, title III, Sec. 308, Oct. 24, 1992, 106 Stat.

3335.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

11 of part I of the Act is classified generally to part II (Sec.

2295 et seq.) of subchapter I of chapter 32 of this title. Title IV

of chapter 2 of part I of the Act is classified generally to

subpart IV (Sec. 2191 et seq.) of part II of subchapter I of

chapter 32 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2151 of

this title and Tables.

The Overseas Private Investment Corporation Act Amendments Act of

1992, referred to in subsec. (b), probably means the Overseas

Private Investment Corporation Amendments Act of 1992, which was

title I of H.R. 4996, 102d Congress, as passed by the House of

Representatives. H.R. 4996 was enacted into law as Pub. L. 102-549

and title I was significantly revised and no longer contained

provisions designating it as the Overseas Private Investment

Corporation Amendments Act of 1992.

-End-

-CITE-

22 USC SUBCHAPTER III - THE DEMOCRACY CORPS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER III - THE DEMOCRACY CORPS

-HEAD-

SUBCHAPTER III - THE DEMOCRACY CORPS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5813 of this title.

-End-

-CITE-

22 USC Sec. 5841 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER III - THE DEMOCRACY CORPS

-HEAD-

Sec. 5841. Authorization for establishment of Democracy Corps

-STATUTE-

(a) Establishment; purpose

The President is authorized to provide for the establishment of

the Democracy Corps as a private nonprofit organization,

incorporated in the District of Columbia, whose purpose shall be to

maintain a presence in the independent states of the former Soviet

Union as described in subsection (c) of this section.

(b) Board of Directors

The Board of Directors of the Democracy Corps shall have not more

than 10 members, appointed by the President. Individuals appointed

to the Board -

(1) shall, individually or through the organizations they

represent, have experience and expertise appropriate to carrying

out the purpose of the Democracy Corps, including involvement

either with activities of the type described in subsection (d) of

this section or in the independent states;

(2) shall be United States citizens; and

(3) may not be officers or employees of the United States

Government or Members of Congress.

(c) Grants to Democracy Corps; purpose

The Administrator is authorized to make an annual grant to the

Democracy Corps with the funds made available pursuant to this

section. The purpose of such grants shall be to enable the

Democracy Corps to maintain a presence in independent states of the

former Soviet Union that will assist at the local level in the

development of -

(1) institutions of democratic governance (including judicial,

electoral, legislative, and administrative processes), and

(2) the nongovernmental organizations of a civil society

(including charitable, educational, trade union, business,

professional, voluntary, community, and other civic

organizations),

by mobilizing the expertise of the American people to provide

practical assistance through "on the ground" person-to-person

advice, technical assistance, and small grants to indigenous

individuals and indigenous entities, in accordance with subsection

(d) of this section.

(d) Activities

The Democracy Corps shall be required to carry out its purpose

through the placement within the independent states of teams of

United States citizens with appropriate expertise and knowledge.

Under guidelines developed by the Board, these teams shall assist

indigenous individuals and entities in the independent states that

are involved in the development of the institutions and

organizations referred to in paragraphs (1) and (2) of subsection

(c) of this section by -

(1) providing advice and technical assistance;

(2) making small grants (which in most cases should not exceed

$5,000) to such individuals and entities to assist the

development of those institutions and organizations;

(3) identifying other sources of assistance; and

(4) operating local centers to serve as information,

logistical, and educational centers and otherwise encourage

cooperation and effectiveness by those involved in the

development of democratic institutions, a market-oriented

economy, and a civil society in the independent states.

These local centers may be designated as "Democracy Houses" or

given another appropriate appellation.

(e) Grant agreement

Grants under this section shall be made pursuant to a grant

agreement requiring the Democracy Corps to comply with the

requirements specified in this section and with such other terms

and conditions as the Administrator may require, which shall

include requirements regarding consultation with the coordinator

designated pursuant to section 5812(a) of this title, conflicts of

interest, and accountability for funds, including a requirement for

annual independent audits.

(f) Coordination

The Democracy Corps shall be required to -

(1) coordinate its activities pursuant to this section with the

programs and activities of other entities operating in or

providing assistance to the independent states of the former

Soviet Union in support of the development of democratic

institutions, a market-oriented economy, and a civil society; and

(2) ensure that its activities pursuant to this section are

designed to avoid duplication with activities carried out under

other United States Government foreign assistance and

international information, educational, cultural, and exchange

programs.

(g) Prohibition on campaign financing

Funds made available to the Democracy Corps under this section

may not be expended by the Democracy Corps, or any recipient of a

grant from the Democracy Corps, to finance the campaigns of

candidates for public office.

(h) Freedom of information

(1) In general

Notwithstanding the fact that the Democracy Corps is not an

agency or establishment of the United States Government, the

Democracy Corps shall be required to comply fully with all of the

provisions of section 552 of title 5.

(2) Publication in Federal Register

For purposes of complying pursuant to paragraph (1) with

section 552(a)(1) of title 5, the Democracy Corps shall make

available to the Administrator such records and other information

as the Administrator determines may be necessary for such

purposes. The Administrator shall cause such records and other

information to be published in the Federal Register.

(3) AID review

In the event that the Democracy Corps determines not to comply

with a request for records under section 552 of title 5, the

Democracy Corps shall submit a report to the Administrator

explaining the reasons for not complying with such request. If

the Administrator approves such determination, the Agency for

International Development shall assume full responsibility,

including financial responsibility, for defending the Democracy

Corps in any litigation relating to such request. If the

Administrator disapproves such determination, the Democracy Corps

shall be required to comply with such request.

(i) Annual reports

The Board shall be required to submit to the Administrator and

the Congress, not later than January 31 each year, a comprehensive

report on the activities of the Democracy Corps. Each such report

shall list each grant made by the Democracy Corps under subsection

(d)(2) of this section during the preceding fiscal year, specifying

the grantee and the amount of the grant.

(j) Authorization of appropriations

Of the amount authorized to be appropriated to carry out chapter

11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295

et seq.], up to $15,000,000 for fiscal year 1993 are authorized to

be appropriated for grants to the Democracy Corps under this

section, in addition to amounts otherwise available for such

purpose.

(k) Sunset provision

Grants may not be made to the Democracy Corps under this section

after the end of fiscal year 1997.

(g742l) Definitions

As used in this section -

(1) the term "Administrator" means the Administrator of the

Agency for International Development; and

(2) the term "Board" means the Board of Directors of the

Democracy Corps.

-SOURCE-

(Pub. L. 102-511, title IV, Sec. 401, Oct. 24, 1992, 106 Stat.

3335.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (j),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

11 of part I of the Act is classified generally to part XI (Sec.

2295 et seq.) of subchapter I of chapter 32 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-End-

-CITE-

22 USC SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT

PROGRAMS AND ACTIVITIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-End-

-CITE-

22 USC Sec. 5851 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5851. Findings

-STATUTE-

The Congress finds that it is in the national security interest

of the United States -

(1) to facilitate, on a priority basis -

(A) the transportation, storage, safeguarding, and

destruction of nuclear and other weapons of mass destruction of

the independent states of the former Soviet Union;

(B) the prevention of proliferation of weapons of mass

destruction and destabilizing conventional weapons of the

independent states, and the establishment of verifiable

safeguards against the proliferation of such weapons;

(C) the prevention of diversion of weapons-related scientific

expertise of the former Soviet Union to terrorist groups or

third countries; and

(D) other efforts designed to reduce the military threat from

the former Soviet Union;

(2) to support the conversion of the massive defense-related

industry and equipment of the independent states of the former

Soviet Union for civilian purposes and uses; and

(3) to expand military-to-military contacts between the United

States and the independent states.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 501, Oct. 24, 1992, 106 Stat.

3338.)

-End-

-CITE-

22 USC Sec. 5852 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5852. Eligibility

-STATUTE-

Funds may be obligated for a fiscal year for assistance or other

programs or activities for an independent state of the former

Soviet Union under sections 5853 and 5854 of this title only if the

President has certified to the Congress, during that fiscal year,

that such independent state is committed to -

(1) making a substantial investment of its resources for

dismantling or destroying such weapons of mass destruction, if

that independent state 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; and

(4) facilitating United States verification of any weapons

destruction carried out under section 5853(a) or 5854(a) of this

title or section 212 of the Soviet Nuclear Threat Reduction Act

of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note).

-SOURCE-

(Pub. L. 102-511, title V, Sec. 502, Oct. 24, 1992, 106 Stat.

3338.)

-TRANS-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Dec. 30, 1992, 58

F.R. 3193, provided:

Memorandum for the Secretary of State, the Secretary of Defense

[and] the Director, Office of Management & Budget

By the authority vested in me by the Constitution and the laws of

the United States of America, including section 301 of title 3 of

the United States Code, I hereby delegate:

1. to the Secretary of State the authority and duty vested in the

President under section 1412(d) of the Former Soviet Union

Demilitarization Act of 1992 (title XIV of the National Defense

Authorization Act for Fiscal Year 1993, Public Law 102-484) [22

U.S.C. 5902(d)] and section 502 of the Freedom Support Act (Public

Law 102-511 [22 U.S.C. 5852].

2. to the Secretary of Defense the authorities and duties vested

in the President under sections 1412(a), 1431, and 1432 of Public

Law 102-484 [22 U.S.C. 5902(a), 5921, 5922] and sections 503 and

508 of Public Law 102-511 [22 U.S.C. 5853, 5858].

The Secretary of Defense shall not exercise authority delegated

by paragraph 2 hereof with respect to any former Soviet republic

unless the Secretary of State has exercised his authority and

performed the duty delegated by paragraph 1 hereof with respect to

that former Soviet Republic. The Secretary of Defense shall not

obligate funds in the exercise of authority delegated by paragraph

2 hereof 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

discretionary spending limits for that fiscal year (as defined in

section 601(a)(2) of the Congressional Budget Act of 1974 [2 U.S.C.

665(a)(2)]) for purposes of Part C of the Balanced Budget and

Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].

The Secretary of State is directed to publish this memorandum in

the Federal Register.

George Bush.

-End-

-CITE-

22 USC Sec. 5853 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5853. Nonproliferation and disarmament activities in

independent states

-STATUTE-

(a) Authorization

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) Funding priorities

Priority in carrying out this section shall be given to the

activities described in paragraphs (1) through (5) of subsection

(a) of this section.

(c) Use of defense funds

(1) Authorization

In recognition of the direct contributions to the national

security interests of the United States of the programs and

activities authorized by subsection (a) of this section, 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

sections 108 and 109 of Public Law 102-229 or under the

amendments made by section 506(a) of this Act.

(2) Limitation

Funds described in paragraph (1) may not be obligated for

programs and activities under subsection (a) of this section

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) (!1) 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.].

-SOURCE-

(Pub. L. 102-511, title V, Sec. 503, Oct. 24, 1992, 106 Stat.

3338.)

-REFTEXT-

REFERENCES IN TEXT

Sections 108 and 109 of Public Law 102-229, referred to in

subsec. (c)(1), are sections 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, set out as a

note under section 2551 of this title, but did not become effective

pursuant to section 5856(c) of this title.

Section 665 of title 2, referred to in subsec. (c)(2), was

repealed by Pub. L. 105-33, title X, Sec. 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 (Sec. 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.

-TRANS-

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.

-MISC1-

TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN THE

FORMER SOVIET UNION

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec.

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) [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, Sec. 1000(a)(7) [div. B, title XI, Sec.

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) [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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2349bb, 5852, 5855, 5856,

5857, 5858 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 5854 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5854. Nonproliferation and disarmament fund

-STATUTE-

(a) Authorization

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;

(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,

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 of the former Soviet Union;

(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) Funding priorities

Priority in carrying out this section shall be given to the

activities described in paragraphs (1) through (5) of subsection

(a) of this section.

(c) Use of security assistance funds

(1) Authorization

In recognition of the direct contributions to the national

security interests of the United States of the programs and

activities authorized by subsection (a) of this section, 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, up to $100,000,000 of security

assistance funds for fiscal year 1993.

(2) "Security assistance funds" defined

As used in paragraph (1), the term "security assistance funds"

means funds made available for assistance under chapter 4 of part

II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]

(relating to the Economic Support Fund) or assistance under

section 2763 of this title (relating to the "Foreign Military

Financing Program").

(3) Exemption from certain restrictions

Section 531(e) of the Foreign Assistance Act of 1961 [22 U.S.C.

2346(e)], and any provision that corresponds to section 510 of

the Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1991 (relating to the prohibition on

financing exports of nuclear equipment, fuel, and technology),

shall not apply with respect to funds used pursuant to this

subsection.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 504, Oct. 24, 1992, 106 Stat.

3339.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(c)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.

Chapter 4 of part II of the Act is classified to part IV (Sec. 2346

et seq.) of subchapter II of chapter 32 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

Section 510 of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1991, referred to in subsec.

(c)(3), is section 510 of Pub. L. 101-513, title V, Nov. 5, 1991,

104 Stat. 2003, which is not classified to the Code.

-EXEC-

DELEGATION OF AUTHORITY WITH RESPECT TO ALLOCATION AND

ADMINISTRATION OF NONPROLIFERATION AND DISARMAMENT FUND

Memorandum of President of the United States, Apr. 21, 1994, 59

F.R. 21619, provided:

Memorandum for the Secretary of State [and] the Secretary of

Defense

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

504 and 508 [22 U.S.C. 5854, 5858] of the FREEDOM Support Act

(Public Law 102-511) (the "Act"), title III of the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 1994 (Public Law 103-87) [107 Stat. 941] and section 301 of

title 3 of the United States Code, it is hereby ordered as follows:

1. The authorities and duties vested in the President under

section 504 of the Act [22 U.S.C. 5854] are hereby delegated to the

Secretary of State. These authorities and duties shall be exercised

in consultation with the Secretary of Defense and other appropriate

agencies. The Secretary of State may, to the extent consistent with

law, redelegate such authorities and duties and authorize their

successive redelegation.

2. Notwithstanding the Presidential Memorandum of December 30,

1992 [22 U.S.C. 5852 note] (Delegation of Responsibilities under

Title XIV of Public Law 102-484 and Title V of Public Law 102-511),

the Secretary of State is hereby delegated the duties vested in the

President under section 508 of the Act [22 U.S.C. 5858] insofar as

those duties relate to notice of and reports on obligations and

activities under section 504 of the Act [22 U.S.C. 5854].

3. Funds appropriated or otherwise made available to the

President for a "Nonproliferation and Disarmament Fund" authorized

under section 504 of the Act [22 U.S.C. 5854] shall be deemed to be

allocated to the Secretary of State without any further action of

the President. Such funds may be reallocated or transferred as

appropriate by the Secretary of State to any agency or part thereof

for obligation or expenditure consistent with applicable law.

The Secretary of State is authorized and directed to publish this

memorandum in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2349bb, 5852, 5855, 5857,

5858 of this title.

-End-

-CITE-

22 USC Sec. 5855 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5855. Limitations on defense conversion authorities

-STATUTE-

Notwithstanding any other provision of law (including any other

provision of this Act), funds may not be obligated in any fiscal

year for purposes of facilitating the conversion of military

technologies and capabilities and defense industries of the former

Soviet Union into civilian activities, as authorized by sections

5853(a)(6) and 5854(a)(6) of this title or any other provision of

law, unless the President has previously obligated in the same

fiscal year an amount equal to or greater than that amount of funds

for defense conversion and defense transition activities in the

United States. For purposes of this section, the term "defense

conversion and defense transition activities in the United States"

means those United States Government funded programs whose primary

purpose is to assist United States private sector defense workers,

United States companies that manufacture or otherwise provide

defense goods or services, or United States communities adversely

affected by reductions in United States defense spending, such as

programs funded through the Office of Economic Adjustment in the

Department of Defense or through the Economic Development

Administration.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 505, Oct. 24, 1992, 106 Stat. 3340;

Pub. L. 105-277, div. A, Sec. 101(f) [title IV, Sec. 405(d)(20)],

Oct. 21, 1998, 112 Stat. 2681-337, 2681-422.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102-511, Oct. 24, 1992,

106 Stat. 3320, as amended, known as the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets Support Act of 1992

and also as the FREEDOM Support Act. For complete classification of

this Act to the Code, see Short Title note set out under section

5801 of this title and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 substituted "or through" for ", through

the Defense Conversion Adjustment Program (as authorized by the Job

Training Partnership Act), or through" in last sentence.

-End-

-CITE-

22 USC Sec. 5856 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5856. Soviet weapons destruction

-STATUTE-

(a), (b) Omitted

(c) Avoidance of duplicative amendments

The amendments made by this section shall not be effective if the

National Defense Authorization Act for Fiscal Year 1993 enacts an

amendment to section 221(a) of the Soviet Nuclear Threat Reduction

Act of 1991 that authorizes the transfer of an amount that is the

same or greater than the amount that is authorized by the amendment

made by subsection (a)(1) of this section and enacts amendments

identical to those in subsections (a)(2) and (b) of this section.

If that Act enacts such amendments, sections 5853 and 5858 of this

title shall be deemed to apply with respect to the funds made

available under such amendments.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 506, Oct. 24, 1992, 106 Stat.

3341.)

-REFTEXT-

REFERENCES IN TEXT

For the amendments made by this section, referred to in subsec.

(c), see Codification note below.

The National Defense Authorization Act for Fiscal Year 1993,

referred to in subsec. (c), is Pub. L. 102-484, Oct. 23, 1992, 106

Stat. 2315. For complete classification of this Act to the Code,

see Tables. See, also, Codification note below.

Section 221(a) of the Soviet Nuclear Threat Reduction Act of

1991, referred to in subsec. (c), is section 221(a) of Pub. L.

102-228, which is set out as a note under section 2551 of this

title. See Codification note below.

-COD-

CODIFICATION

Section is comprised of section 506 of Pub. L. 102-511. Subsec.

(a) of this section directed the amendment of section 221 of Pub.

L. 102-228 which is set out as a note under section 2551 of this

title and subsec. (b) of this section directed the amendment of

sections 108 and 109 of Pub. L. 102-229 which are not classified to

the Code. Because of amendments by section 1421(a)(2)(B), (3) and

(b) of Pub. L. 102-484, div. A, title XIV, Oct. 23, 1992, 106 Stat.

2565, to section 221 of Pub. L. 102-228 and sections 108 and 109 of

Pub. L. 102-229, the amendments directed by subsecs. (a) and (b) of

this section did not take effect pursuant to subsec. (c) of this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5853, 5858 of this title.

-End-

-CITE-

22 USC Sec. 5857 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5857. Waiver of certain provisions

-STATUTE-

(a) In general

Funds made available for fiscal year 1993 under sections 5853 and

5854 of this title to provide assistance or otherwise carry out

programs and activities with respect to the independent states of

the former Soviet Union under those sections may be used

notwithstanding any other provision of law, other than the

provisions cited in subsection (b) of this section.

(b) Exceptions

Subsection (a) of this section does not apply with respect to -

(1) this subchapter; and

(2) section 1341 of title 31 (commonly referred to as the

"Anti-Deficiency Act"), the Congressional Budget and Impoundment

Control Act of 1974, the Balanced Budget and Emergency Deficit

Control Act of 1985, and the Budget Enforcement Act of 1990.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 507, Oct. 24, 1992, 106 Stat.

3341.)

-REFTEXT-

REFERENCES IN TEXT

The Congressional Budget and Impoundment Control Act of 1974,

referred to in subsec. (b)(2), is Pub. L. 93-344, July 12, 1974, 88

Stat. 297, as amended. For complete classification of this Act to

the Code, see Short Title note set out under section 621 of Title

2, The Congress, and Tables.

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (b)(2), is title II of Pub. L. 99-177, Dec.

12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec.

900 et seq.) and sections 654 to 656 of Title 2, amended sections

602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to

1106, and 1109 of Title 31, Money and Finance, and section 911 of

Title 42, The Public Health and Welfare, repealed section 661 of

Title 2, enacted provisions set out as notes under section 900 of

Title 2 and section 911 of Title 42, and amended provisions set out

as a note under section 621 of Title 2. For complete classification

of this Act to the Code, see Short Title note set out under section

900 of Title 2 and Tables.

The Budget Enforcement Act of 1990, referred to in subsec.

(b)(2), is title XIII of Pub. L. 101-508, Nov. 5, 1990, 104 Stat.

1388-573. For complete classification of this Act to the Code, see

Short Title of 1990 Amendment note set out under section 900 of

Title 2 and Tables.

-End-

-CITE-

22 USC Sec. 5858 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5858. Notice and reports to Congress

-STATUTE-

(a) Notice of proposed obligations

Not less than 15 days before obligating any funds under section

5853 or 5854 of this title or the amendments made by section

506(a),(!1) the President shall transmit to the Speaker of the

House of Representatives, the President Pro Tempore of the Senate,

and the appropriate congressional committees 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 obligations; and

(2) the activities and forms of assistance for which the

President plans to obligate such funds.

(b) Semiannual report

Not later than April 30, 1993, and not later than October 30,

1993, the President shall transmit to the Speaker of the House of

Representatives, the President Pro Tempore of the Senate, and the

appropriate congressional committees a report on the activities

carried out under sections 5853 and 5854 of this title and the

amendments made by section 506(a).(!1) Each such report shall set

forth, for the preceding 6-month period 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 in such activities.

(4) A description of the activities carried out and the forms

of assistance provided.

(5) Such other information as the President considers

appropriate to fully inform the Congress concerning the operation

of the programs and activities carried out under sections 5853

and 5854 of this title and the amendments made by section

506(a).(!1)

(c) Appropriate congressional committees

As used in this section -

(1) the term "appropriate congressional committees" means -

(A) the Committee on Foreign Relations of the Senate, the

Committee on Foreign Affairs of the House of Representatives,

and the Committees on Appropriations of the House and the

Senate, wherever the account, budget activity, or program is

funded from appropriations made under the international affairs

budget function (150);

(B) the Committees on Armed Services and the Committees on

Appropriations of the Senate and the House of Representatives,

wherever the account, budget activity, or program is funded

from appropriations made under the national defense budget

function (050); and

(2) the committee to which the specified activities of section

5853(a) or 5854(a) of this title or subtitle B of the Soviet

Nuclear Threat Reduction Act of 1991 (as the case may be), if the

subject of separate legislation, would be referred, under the

rules of the respective House of Congress.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 508, Oct. 24, 1992, 106 Stat.

3342.)

-REFTEXT-

REFERENCES IN TEXT

Section 506(a), referred to in subsecs. (a) and (b), 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, set out as a

note under section 2551 of this title, but did not become

effective, pursuant to section 5856(c) of this title.

The Soviet Nuclear Threat Reduction Act of 1991, referred to in

subsec. (c)(2), is title II of Pub. L. 102-228, Dec. 12, 1991, 105

Stat. 1693. The reference to subtitle B of the Act probably means

part B of title II of Pub. L. 102-228, which is set out as a note

under section 2551 of this title. Title II of Pub. L. 102-228 does

not contain a subtitle B. For complete classification of this Act

to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations 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.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 5859 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5859. International nonproliferation initiative

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 509, Oct. 24, 1992, 106 Stat.

3343.)

-REFTEXT-

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.

-COD-

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.

-End-

-CITE-

22 USC Sec. 5859a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5859a. International nonproliferation initiative

-STATUTE-

(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 (or any successor

organization).

(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 (or any successor organization) 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 of any limitation provided by law

on the total amount of such assistance for that fiscal year, the

Secretary of Defense may provide such assistance with respect to

that fiscal year notwithstanding that limitation. 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. 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 Armed Services, 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 2003.

-SOURCE-

(Pub. L. 102-484, div. A, title XV, Sec. 1505, Oct. 23, 1992, 106

Stat. 2569; Pub. L. 103-160, div. A, title XI, Sec. 1182(c)(5),

title XVI, Sec. 1602, Nov. 30, 1993, 107 Stat. 1772, 1843; Pub. L.

103-337, div. A, title X, Sec. 1070(c)(1), title XV, Sec. 1501,

Oct. 5, 1994, 108 Stat. 2857, 2914; Pub. L. 104-106, div. A, title

XIV, Sec. 1403, title XV, Sec. 1502(c)(2)(B), Feb. 10, 1996, 110

Stat. 489, 507; Pub. L. 104-201, div. A, title XIII, Sec. 1301,

Sept. 23, 1996, 110 Stat. 2700; Pub. L. 105-85, div. A, title XIII,

Sec. 1308, Nov. 18, 1997, 111 Stat. 1956; Pub. L. 105-261, div. A,

title XV, Sec. 1531(b), Oct. 17, 1998, 112 Stat. 2180; Pub. L.

106-65, div. A, title X, Sec. 1067(8), title XV, Sec. 1505(b), (c),

Oct. 5, 1999, 113 Stat. 774, 808; Pub. L. 106-398, Sec. 1 [[div.

A], title XII, Sec. 1201(b)], Oct. 30, 2000, 114 Stat. 1654,

1654A-324; Pub. L. 107-107, div. A, title XII, Sec. 1203(b), Dec.

28, 2001, 115 Stat. 1246; Pub. L. 107-314, div. A, title XII, Sec.

1204(b), Dec. 2, 2002, 116 Stat. 2664.)

-COD-

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.

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-314 substituted "2003" for

"2002".

2001 - Subsec. (f). Pub. L. 107-107 substituted "2002" for

"2001".

2000 - Subsec. (f). Pub. L. 106-398 substituted "2001" for

"2000".

1999 - Subsec. (b)(2). Pub. L. 106-65, Sec. 1505(c)(1), inserted

"(or any successor organization)" after "United Nations Special

Commission on Iraq".

Subsec. (d)(4)(A). Pub. L. 106-65, Sec. 1505(c)(2)(A), in first

sentence, inserted "(or any successor organization)" after "United

Nations Special Commission on Iraq" and substituted "the amount of

any limitation provided by law on the total amount of such

assistance for that fiscal year, the Secretary of Defense may

provide such assistance with respect to that fiscal year

notwithstanding that limitation." for "the amount specified with

respect to that year under paragraph (3), the Secretary of Defense

may provide such assistance notwithstanding the limitation with

respect to that fiscal year under paragraph (3)."

Subsec. (d)(4)(B). Pub. L. 106-65, Sec. 1505(c)(2)(B), struck out

"under paragraph (3)" after "for that fiscal year".

Subsec. (e)(2)(B). Pub. L. 106-65, Sec. 1067(8), substituted

"Committee on Armed Services" for "Committee on National Security".

Subsec. (f). Pub. L. 106-65, Sec. 1505(b), substituted "2000" for

"1999".

1998 - Subsec. (f). Pub. L. 105-261 substituted "1999" for

"1998".

1997 - Subsec. (d)(3). Pub. L. 105-85, Sec. 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, Sec. 1308(2), substituted "1998" for

"1997".

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1403(a)(1), struck out

"during fiscal years 1994 and 1995" before "the Secretary of

Defense".

Subsec. (b)(2). Pub. L. 104-106, Sec. 1403(b)(1), substituted

"the Department of Defense" for "the On-Site Inspection Agency".

Subsec. (c)(3). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1301(b), added par. (4).

Subsec. (e)(1). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 1301(a)(2), substituted "1997"

for "1996".

Pub. L. 104-106, Sec. 1403(a)(3), added subsec. (f).

1994 - Subsec. (a). Pub. L. 103-337, Sec. 1501(a)(1), substituted

"fiscal years 1994 and 1995" for "fiscal year 1994".

Subsec. (b)(1). Pub. L. 103-337, Sec. 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, Sec. 1501(b)(2), substituted

"nuclear, biological, chemical, and missile proliferation through

technical projects and improved information sharing" for "nuclear

proliferation through joint technical projects and improved

intelligence sharing".

Subsec. (d)(1). Pub. L. 103-337, Sec. 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, Sec. 1501(c)(2), inserted "for

fiscal year 1994 or $20,000,000 for fiscal year 1995".

Subsec. (e)(1). Pub. L. 103-337, Sec. 1501(a), substituted

"fiscal years 1994 and 1995" for "fiscal year 1994".

Subsec. (e)(2). Pub. L. 103-337, Sec. 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, Sec. 1182(c)(5), to reflect the

probable intent of Congress. See 1993 Amendment note below.

1993 - Subsecs. (a), (d)(1). Pub. L. 103-160, Sec. 1602(a),

substituted "fiscal year 1994" for "fiscal year 1993".

Subsec. (d)(3). Pub. L. 103-160, Sec. 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, Sec. 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, Sec. 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, Sec. 1602(a), substituted

"fiscal year 1994" for "fiscal year 1993".

Subsec. (e)(2). Pub. L. 103-160, Sec. 1182(c)(5), substituted

"(d)(4)" for "(d)(2)" in introductory provisions.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC2-

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.

-End-

-CITE-

22 USC Sec. 5860 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5860. Report on special nuclear materials

-STATUTE-

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.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 510, Oct. 24, 1992, 106 Stat.

3344.)

-End-

-CITE-

22 USC Sec. 5861 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER IV - NONPROLIFERATION AND DISARMAMENT PROGRAMS AND

ACTIVITIES

-HEAD-

Sec. 5861. Research and Development Foundation

-STATUTE-

(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 and

engineers in the university or academic sectors, and which shall

include some contribution from industrial participants.

(d) Funding

(1) Use of certain Department of Defense funds

(A) To the extent funds appropriated to carry out subtitle E of

title XIV of the National Defense Authorization Act for Fiscal

Year 1993 [22 U.S.C. 5931] (relating to joint research and

development programs with the independent states of the former

Soviet Union) are otherwise available for such purpose, such

funds may be made available to the Director for use by the

Director in establishing the endowment of the Foundation and

otherwise carrying out this section.

(B) For each fiscal year after fiscal year 1993, not more than

50 percent of the funds made available to the Foundation by the

United States Government may be funds appropriated in the

national defense budget function (function 050).

(2) Contribution to endowment by participating independent states

As a condition of participation in the Foundation, an

independent state of the former Soviet Union must make a minimum

contribution to the endowment of the Foundation, as determined by

the Director, which shall reflect the ability of the independent

state to make a financial contribution and its expected level of

participation in the Foundation's programs.

(3) Debt conversions

To the extent provided in advance by appropriations Acts, local

currencies or other assets resulting from

government-to-government debt conversions may be made available

to the Foundation. For purposes of this paragraph, the term "debt

conversion" means an agreement whereby a country's

government-to-government or commercial external debt burden is

exchanged by the holder for local currencies, policy commitments,

other assets, or other economic activities, or for an equity

interest in an enterprise theretofore owned by the debtor

government.

(4) Local currencies

In addition to other uses provided by law, and subject to

agreement with the foreign government, local currencies generated

by United States assistance programs may be made available to the

Foundation.

(5) Investment of Government assistance

The Foundation may invest any revenue provided to it through

United States Government assistance, and any interest earned on

such investment may be used only for the purpose for which the

assistance was provided.

(6) Other funds from Government and nongovernmental sources

The Foundation may accept such other funds as may be provided

to it by Government agencies or nongovernmental entities.

-SOURCE-

(Pub. L. 102-511, title V, Sec. 511, Oct. 24, 1992, 106 Stat.

3345.)

-REFTEXT-

REFERENCES IN TEXT

Subtitle E of title XIV of the National Defense Authorization Act

for Fiscal Year 1993, referred to in subsec. (d)(1), is subtitle E

of title XIV of div. A of Pub. L. 102-484, Oct. 23, 1992, 106 Stat.

2566, which is classified generally to subchapter IV (Sec. 5931) of

chapter 68 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

22 USC SUBCHAPTER V - SPACE TRADE AND COOPERATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER V - SPACE TRADE AND COOPERATION

-HEAD-

SUBCHAPTER V - SPACE TRADE AND COOPERATION

-End-

-CITE-

22 USC Sec. 5871 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER V - SPACE TRADE AND COOPERATION

-HEAD-

Sec. 5871. Facilitating discussions regarding acquisition of space

hardware, technology, and services from former Soviet Union

-STATUTE-

(a) Expedited review

Any request for a license or other approval described in

subsection (c) of this section that is submitted to any United

States Government agency by the National Aeronautics and Space

Administration, any of its contractors, or any other person shall

be considered on an expedited basis by that agency and any other

agency involved in an applicable interagency review process.

(b) Notice to Congress if license denied

If any United States Government agency denies a request for a

license or other approval described in subsection (c) of this

section, that agency shall immediately notify the designated

congressional committees. Each such notification shall include a

statement of the reasons for the denial.

(c) Description of discussions

This section applies to a request for any license or other

approval that may be necessary to conduct discussions with an

independent state of the former Soviet Union with respect to the

possible acquisition of any space hardware, space technology, or

space service for integration into -

(1) United States space projects that have been approved by the

Congress, or

(2) commercial space ventures,

including discussions relating to technical evaluation of such

hardware, technology, or service.

-SOURCE-

(Pub. L. 102-511, title VI, Sec. 601, Oct. 24, 1992, 106 Stat.

3346.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5872, 5873 of this title.

-End-

-CITE-

22 USC Sec. 5872 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER V - SPACE TRADE AND COOPERATION

-HEAD-

Sec. 5872. Office of Space Commerce

-STATUTE-

(a) Trade missions

The Office of Space Commerce of the Department of Commerce is

authorized and encouraged to conduct one or more trade missions to

appropriate independent states of the former Soviet Union for the

purpose of familiarizing United States aerospace industry

representatives with space hardware, space technologies, and space

services that may be available from the independent states, and

with the business practices and overall business climate in the

independent states.

(b) Monitoring negotiations

The Office of Space Commerce -

(1) shall monitor the progress of any discussions described in

section 5871(c)(1) of this title that are being conducted; and

(2) shall advise the Administrator of the National Aeronautics

and Space Administration as to the impact on United States

industry of each potential acquisition of space hardware, space

technology, or space services from the independent states of the

former Soviet Union, specifically including any anticompetitive

issues the Office may observe.

-SOURCE-

(Pub. L. 102-511, title VI, Sec. 602, Oct. 24, 1992, 106 Stat.

3347.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5873 of this title.

-End-

-CITE-

22 USC Sec. 5873 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER V - SPACE TRADE AND COOPERATION

-HEAD-

Sec. 5873. Report to Congress

-STATUTE-

Within one year after October 24, 1992, the President shall

submit to the designated congressional committees a report

describing -

(1) the opportunities for increased space-related trade with

the independent states of the former Soviet Union;

(2) a technology procurement plan for identifying and

evaluating all unique space hardware, space technology, and space

services available to the United States from the independent

states;

(3) specific space hardware, space technology, and space

services that have been, or could be, the subject of discussions

described in section 5871(c) of this title;

(4) the trade missions carried out pursuant to section 5872(a)

of this title, including the private participation in and the

results of such missions;

(5) any barriers, regulatory or practical, that inhibit

space-related trade between the United States and independent

states, including any such barriers in either the United States

or the independent states; and

(6) any anticompetitive issues raised during the course of

negotiations, as observed pursuant to section 5872(b) of this

title.

-SOURCE-

(Pub. L. 102-511, title VI, Sec. 603, Oct. 24, 1992, 106 Stat.

3347.)

-End-

-CITE-

22 USC Sec. 5874 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 67 - FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES

AND OPEN MARKETS SUPPORT

SUBCHAPTER V - SPACE TRADE AND COOPERATION

-HEAD-

Sec. 5874. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "contractor" means a National Aeronautics and

Space Administration contractor to the extent that the

acquisition of space hardware, space technology, or space

services from the independent states of the former Soviet Union

may be relevant to the contractor's responsibilities under the

contract; and

(2) the term "designated congressional committees" means the

Committee on Science, Space, and Technology and the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Commerce, Science, and Transportation and the Committee on

Foreign Relations of the Senate.

-SOURCE-

(Pub. L. 102-511, title VI, Sec. 604, Oct. 24, 1992, 106 Stat.

3348.)

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives and Committee on Foreign Affairs of House

of Representatives treated as referring to Committee on

International Relations 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.

-End-