US (United States) Code. Title 22. Chapter 68: Demilitarization of Former Soviet Union

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

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-CITE-

22 USC CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET

UNION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

-HEAD-

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

-MISC1-

SUBCHAPTER I - FINDINGS AND PROGRAM AUTHORITY

Sec.

5901. Demilitarization of independent states of former

Soviet Union.

5902. Authority for programs to facilitate demilitarization.

(a) In general.

(b) Types of programs.

(c) United States participation.

(d) Restrictions.

SUBCHAPTER II - ADMINISTRATIVE AND FUNDING AUTHORITIES

5911. Administration of demilitarization programs.

(a) Funding.

(b) Omitted.

SUBCHAPTER III - REPORTING REQUIREMENTS

5921. Prior notice to Congress of obligation of funds.

(a) In general.

(b) Industrial demilitarization.

5922. Quarterly reports on programs.

SUBCHAPTER IV - JOINT RESEARCH AND DEVELOPMENT PROGRAMS

5931. Programs with states of former Soviet Union.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 50 section 2363.

-End-

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22 USC SUBCHAPTER I - FINDINGS AND PROGRAM AUTHORITY 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER I - FINDINGS AND PROGRAM AUTHORITY

-HEAD-

SUBCHAPTER I - FINDINGS AND PROGRAM AUTHORITY

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22 USC Sec. 5901 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER I - FINDINGS AND PROGRAM AUTHORITY

-HEAD-

Sec. 5901. Demilitarization of independent states of former Soviet

Union

-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 the independent

states of the former Soviet Union, including the safe and

secure storage of fissile materials, dismantlement of missiles

and launchers, and the elimination of chemical and biological

weapons capabilities;

(B) the prevention of proliferation of weapons of mass

destruction and their components and destabilizing conventional

weapons of the independent states of the former Soviet Union,

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 demilitarization of the massive

defense-related industry and equipment of the independent states

of the former Soviet Union and conversion of such industry and

equipment to civilian purposes and uses; and

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

States and the independent states of the former Soviet Union.

-SOURCE-

(Pub. L. 102-484, div. A, title XIV, Sec. 1411, Oct. 23, 1992, 106

Stat. 2563.)

-MISC1-

SHORT TITLE

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

that: "This title [enacting this chapter and amending provisions

set out as a note under section 2551 of this title] may be cited as

the 'Former Soviet Union Demilitarization Act of 1992'."

POLICY ON REDUCTION OF RUSSIAN NUCLEAR FORCES

Pub. L. 106-38, Sec. 3, July 22, 1999, 113 Stat. 205, provided

that: "It is the policy of the United States to seek continued

negotiated reductions in Russian nuclear forces."

NUCLEAR WEAPONS REDUCTION

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

"(a) Findings. - The Congress makes the following findings:

"(1) On February 1, 1992, the President of the United States

and the President of the Russian Federation agreed in a Joint

Statement that 'Russia and the United States do not regard each

other as potential adversaries' and stated further that, 'We will

work to remove any remnants of cold war hostility, including

taking steps to reduce our strategic arsenals'.

"(2) In the Treaty on the Non-Proliferation of Nuclear Weapons,

in exchange for the non-nuclear-weapon states agreeing not to

seek a nuclear weapons capability nor to assist other

non-nuclear-weapon states in doing so, the United States agreed

to seek the complete elimination of all nuclear weapons

worldwide, as declared in the preamble to the Treaty, which

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

'facilitate the cessation of the manufacture of nuclear weapons,

the liquidation of all their existing stockpiles, and the

elimination from national arsenals of nuclear weapons and the

means of their delivery' as well as in Article VI of the Treaty,

which states that 'each of the parties to the Treaty undertakes

to pursue negotiations in good faith on effective measures

relating to the cessation of the nuclear arms race at an early

date and to nuclear disarmament'.

"(3) Carrying out a policy of seeking further significant and

continuous reductions in the nuclear arsenals of all countries,

besides reducing the likelihood of the proliferation of nuclear

weapons and increasing the likelihood of a successful extension

and possible strengthening of the Treaty on the Non-Proliferation

of Nuclear Weapons in 1995, when the Treaty is scheduled for

review and possible extension, has additional benefits to the

national security of the United States, including -

"(A) a reduced risk of accidental enablement and launch of a

nuclear weapon, and

"(B) a defense cost savings which could be reallocated for

deficit reduction or other important national needs.

"(4) The Strategic Arms Reduction Talks (START) Treaty and the

agreement by the President of the United States and the President

of the Russian Federation on June 17, 1992, to reduce the

strategic nuclear arsenals of each country to a level between

3,000 and 3,500 weapons are commendable intermediate stages in

the process of achieving the policy goals described in paragraphs

(1) and (2).

"(5) The current international era of cooperation provides

greater opportunities for achieving worldwide reduction and

control of nuclear weapons and material than any time since the

emergence of nuclear weapons 50 years ago.

"(6) It is in the security interests of both the United States

and the world community for the President and the Congress to

begin the process of reducing the number of nuclear weapons in

every country through multilateral agreements and other

appropriate means.

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

Sciences concluded that: 'The appropriate new levels of nuclear

weapons cannot be specified at this time, but it seems reasonable

to the committee that U.S. strategic forces could in time be

reduced to 1,000-2,000 nuclear warheads, provided that such a

multilateral agreement included appropriate levels and

verification measures for the other nations that possess nuclear

weapons. This step would require successful implementation of our

proposed post-START U.S.-Soviet reductions, related

confidence-building measures in all the countries involved, and

multilateral security cooperation in areas such as conventional

force deployments and planning.'.

"(b) United States Policy. - It shall be the goal of the United

States -

"(1) to encourage and facilitate the denuclearization of

Ukraine, Byelarus, and Kazakhstan, as agreed upon in the Lisbon

ministerial meeting of May 23, 1992;

"(2) to rapidly complete and submit for ratification by the

United States the treaty incorporating the agreement of June 17,

1992, between the United States and the Russian Federation to

reduce the number of strategic nuclear weapons in each country's

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

"(3) to facilitate the ability of the Russian Federation,

Ukraine, Byelarus, and Kazakhstan to implement agreed mutual

reductions under the START Treaty, and under the Joint

Understanding of June 16-17, 1992 between the United States and

the Russian Federation, on an accelerated timetable, so that all

such reductions can be completed by the year 2000;

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

Understanding of June 16-17, 1992, by entering into multilateral

negotiations with the Russian Federation, the United Kingdom,

France, and the People's Republic of China, and, at an

appropriate point in that process, enter into negotiations with

other nuclear armed states in order to reach subsequent

stage-by-stage agreements to achieve further reductions in the

number of nuclear weapons in all countries;

"(5) to continue and extend cooperative discussions with the

appropriate authorities of the former Soviet military on means to

maintain and improve secure command and control over nuclear

forces;

"(6) in consultation with other member countries of the North

Atlantic Treaty Organization and other allies, to initiate

discussions to bring tactical nuclear weapons into the arms

control process; and

"(7) to ensure that the United States assistance to securely

transport and store, and ultimately dismantle, former Soviet

nuclear weapons and missiles for such weapons is being properly

and effectively utilized.

"(c) Annual Report. - By February 1 of each year, the President

shall submit to the Congress a report on -

"(1) the actions that the United States has taken, and the

actions the United States plans to take during the next 12

months, to achieve each of the goals set forth in paragraphs (1)

through (6) of subsection (b); and

"(2) the actions that have been taken by the Russian

Federation, by other former Soviet republics, and by other

countries to achieve those goals.

Each such report shall be submitted in unclassified form, with a

classified appendix if necessary."

-End-

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22 USC Sec. 5902 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER I - FINDINGS AND PROGRAM AUTHORITY

-HEAD-

Sec. 5902. Authority for programs to facilitate demilitarization

-STATUTE-

(a) In general

Notwithstanding any other provision of law, the President is

authorized, in accordance with this chapter, to establish and

conduct programs described in subsection (b) of this section to

assist the demilitarization of the independent states of the former

Soviet Union.

(b) Types of programs

The programs referred to in subsection (a) of this section are

limited to -

(1) transporting, storing, safeguarding, and destroying

nuclear, chemical, and other weapons of the independent states of

the former Soviet Union, as described in section 212(b) of the

Soviet Nuclear Threat Reduction Act of 1991 (title II of Public

Law 102-228);

(2) establishing verifiable safeguards against the

proliferation of such weapons and their components;

(3) preventing diversion of weapons-related scientific

expertise of the former Soviet Union to terrorist groups or third

countries;

(4) facilitating the demilitarization of the defense industries

of the former Soviet Union and the conversion of military

technologies and capabilities into civilian activities;

(5) establishing science and technology centers in the

independent states of the former Soviet Union for the purpose of

engaging weapons scientists, engineers, and other experts

previously involved with nuclear, chemical, and other weapons in

productive, nonmilitary undertakings; and

(6) expanding military-to-military contacts between the United

States and the independent states of the former Soviet Union.

(c) United States participation

The programs described in subsection (b) of this section should,

to the extent feasible, draw upon United States technology and

expertise, especially from the United States private sector.

(d) Restrictions

United States assistance authorized by subsection (a) of this

section may not be provided unless the President certifies to the

Congress, on an annual basis, that the proposed recipient country

is committed to -

(1) making a substantial investment of its resources for

dismantling or destroying such weapons of mass destruction, if

such recipient has an obligation under a treaty or other

agreement to destroy or dismantle any such weapons;

(2) forgoing any military modernization program that exceeds

legitimate defense requirements and forgoing the replacement of

destroyed weapons of mass destruction;

(3) forgoing any use in new nuclear weapons of fissionable or

other components of destroyed nuclear weapons;

(4) facilitating United States verification of any weapons

destruction carried out under this chapter or section 212 of the

Soviet Nuclear Threat Reduction Act of 1991 (title II of Public

Law 102-228);

(5) complying with all relevant arms control agreements; and

(6) observing internationally recognized human rights,

including the protection of minorities.

-SOURCE-

(Pub. L. 102-484, div. A, title XIV, Sec. 1412, Oct. 23, 1992, 106

Stat. 2563.)

-REFTEXT-

REFERENCES IN TEXT

Section 212 of the Soviet Nuclear Threat Reduction Act of 1991

(title II of Public Law 102-228), referred to in subsecs. (b)(1)

and (d)(4), is set out in a note under section 2551 of this title.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (a) of this section

delegated to Secretary of Defense by section 2 of Memorandum of

President of the United States, Dec. 30, 1992, 58 F.R. 3193, set

out as a note under section 5852 of this title.

Authority of President under subsec. (d) of this section

delegated to Secretary of State by section 1 of Memorandum of

President of the United States, Dec. 30, 1992, 58 F.R. 3193.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5911, 5952 of this title.

-End-

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22 USC SUBCHAPTER II - ADMINISTRATIVE AND FUNDING

AUTHORITIES 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER II - ADMINISTRATIVE AND FUNDING AUTHORITIES

-HEAD-

SUBCHAPTER II - ADMINISTRATIVE AND FUNDING AUTHORITIES

-End-

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22 USC Sec. 5911 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER II - ADMINISTRATIVE AND FUNDING AUTHORITIES

-HEAD-

Sec. 5911. Administration of demilitarization programs

-STATUTE-

(a) Funding

(1) In recognition of the direct contributions to the national

security interests of the United States of the activities specified

in section 5902 of this title, funds transferred under sections 108

and 109 of Public Law 102-229 (105 Stat. 1708) are authorized to be

made available to carry out this chapter. Of the amount available

to carry out this chapter -

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

programs referred to in section 5902(b)(4) of this title relating

to demilitarization of defense industries;

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

programs referred to in section 5902(b)(6) of this title relating

to military-to-military contacts;

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

research development programs pursuant to section 5931 of this

title;

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

study, assessment, and identification of nuclear waste disposal

activities by the former Soviet Union in the Arctic region;

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

PEACE; and

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

Volunteers Investing in Peace and Security (VIPS) program under

chapter 89 (!1) of title 10.

(2), (3) Omitted.

(b) Omitted

-SOURCE-

(Pub. L. 102-484, div. A, title XIV, Sec. 1421, Oct. 23, 1992, 106

Stat. 2564.)

-REFTEXT-

REFERENCES IN TEXT

Sections 108 and 109 of Public Law 102-229 (105 Stat. 1708),

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

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

repealed by Pub. L. 104-106, div. A, title X, Sec. 1061(a)(1), Feb.

10, 1996, 110 Stat. 442.

-COD-

CODIFICATION

Section is comprised of section 1421 of Pub. L. 102-484. Subsec.

(a)(2) and (3) of section 1421 of Pub. L. 102-484 amended section

221 of Pub. L. 102-228 which is set out as a note under section

2551 of this title. Subsec. (b) of section 1421 of Pub. L. 102-484

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

classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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22 USC SUBCHAPTER III - REPORTING REQUIREMENTS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER III - REPORTING REQUIREMENTS

-HEAD-

SUBCHAPTER III - REPORTING REQUIREMENTS

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22 USC Sec. 5921 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER III - REPORTING REQUIREMENTS

-HEAD-

Sec. 5921. Prior notice to Congress of obligation of funds

-STATUTE-

(a) In general

Not less than 15 days before obligating any funds made available

for a program under this chapter, the President shall transmit to

the Congress a report on the proposed obligation. Each such report

shall specify -

(1) the account, budget activity, and particular program or

programs from which the funds proposed to be obligated are to be

derived and the amount of the proposed obligation; and

(2) the activities and forms of assistance under this chapter

for which the President plans to obligate such funds, including

the projected involvement of United States Government departments

and agencies and the United States private sector.

(b) Industrial demilitarization

Any report under subsection (a) of this section that covers

proposed industrial demilitarization projects shall contain

additional information to assist the Congress in determining the

merits of the proposed projects. Such information shall include

descriptions of -

(1) the facilities to be demilitarized;

(2) the types of activities conducted at those facilities and

of the types of nonmilitary activities planned for those

facilities;

(3) the forms of assistance to be provided by the United States

Government and by the United States private sector;

(4) the extent to which military production capability will

consequently be eliminated at those facilities; and

(5) the mechanisms to be established for monitoring progress on

those projects.

-SOURCE-

(Pub. L. 102-484, div. A, title XIV, Sec. 1431, Oct. 23, 1992, 106

Stat. 2565.)

-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.

-End-

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22 USC Sec. 5922 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER III - REPORTING REQUIREMENTS

-HEAD-

Sec. 5922. Quarterly reports on programs

-STATUTE-

Not later than 30 days after the end of the last fiscal year

quarter of fiscal year 1992 and not later than 30 days after the

end of each fiscal year quarter of fiscal year 1993, the President

shall transmit to the Congress a report on the activities carried

out under this chapter. Each such report shall set forth, for the

preceding fiscal year quarter and cumulatively, the following:

(1) The amounts expended for such activities and the purposes

for which they were expended.

(2) The source of the funds obligated for such activities,

specified by program.

(3) A description of the participation of all United States

Government departments and agencies and the United States private

sector in such activities.

(4) A description of the activities carried out under this

chapter and the forms of assistance provided under this chapter,

including, with respect to proposed industrial demilitarization

projects, additional information on the progress toward

demilitarization of facilities and the conversion of the

demilitarized facilities to civilian activities.

(5) Such other information as the President considers

appropriate to fully inform the Congress concerning the operation

of the programs authorized under this chapter.

-SOURCE-

(Pub. L. 102-484, div. A, title XIV, Sec. 1432, Oct. 23, 1992, 106

Stat. 2566.)

-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.

-End-

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22 USC SUBCHAPTER IV - JOINT RESEARCH AND DEVELOPMENT

PROGRAMS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER IV - JOINT RESEARCH AND DEVELOPMENT PROGRAMS

-HEAD-

SUBCHAPTER IV - JOINT RESEARCH AND DEVELOPMENT PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5861 of this title.

-End-

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22 USC Sec. 5931 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68 - DEMILITARIZATION OF FORMER SOVIET UNION

SUBCHAPTER IV - JOINT RESEARCH AND DEVELOPMENT PROGRAMS

-HEAD-

Sec. 5931. Programs with states of former Soviet Union

-STATUTE-

The Congress encourages the Secretary of Defense to participate

actively in joint research and development programs with the

independent states of the former Soviet Union through the

nongovernmental foundation established for this purpose by section

5861 of this title. To that end, the Secretary of Defense may spend

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

support, technical cooperation, in-kind assistance, and other

activities with the following purposes:

(1) To advance defense conversion by funding civilian

collaborative research and development projects between

scientists and engineers in the United States and in the

independent states of the former Soviet Union.

(2) To assist the establishment of a market economy in the

independent states of the former Soviet Union by promoting,

identifying, and partially funding joint research, development,

and demonstration ventures between United States businesses and

scientists, engineers, and entrepreneurs in those independent

states.

(3) To provide a mechanism for scientists, engineers, and

entrepreneurs in the independent states of the former Soviet

Union to develop an understanding of commercial business

practices by establishing linkages to United States scientists,

engineers, and businesses.

(4) To provide access for United States businesses to

sophisticated new technologies, talented researchers, and

potential new markets within the independent states of the former

Soviet Union.

(5) 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 proliferation of weapons technologies

and the dissolution of the technological infrastructure of those

states.

-SOURCE-

(Pub. L. 102-484, div. A, title XIV, Sec. 1441, Oct. 23, 1992, 106

Stat. 2566; Pub. L. 103-160, div. A, title XI, Sec. 1182(c)(4),

Nov. 30, 1993, 107 Stat. 1772.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-160 made technical amendment to reference to

section 5861 of this title to correct reference to corresponding

section of original Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5911 of this title.

-End-