COUMARES I TANr. 1 zi koju va qihad dug Wicke 12. A desempam de the nervŽARVANA. & 4 th pay (3) A description of the activities carried out and the wou of assistance provided, and a description or the waivut whych the private sector of the United States has participant in phys activities for which amounts were obligated and exp under the programs described in section 100 44 (4) Such other information as the President comandes apply priate to fully inform the Congress concerning the operarijo the programs and activities carried out under this till no hol ing, with respect to proposed demilitarization or cops Label projects, additional information on the progress part ob quli, tarization of facilities and the conversion of the demilat ol facilities to civilian activities, (5) 12 A description of how all of the activitice carnal uni under the authority of this title and other laws proculugs an thority for cooperative threat reduction are comidiol will similar activities that are carried out under any ulica mulling ity, including activities relating to military to military kinda environmental restoration, and housing SEC. 1208.13 APPROPRIATE CONGRESSIONAL CADDAFF******topchig In this title, the term "appropria1k wi SEC. 1209.16 AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 ASSISTANCE TO THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) AUTHORIZATION OF APPROPRIATIONS.-There is hereby authorized to be appropriated for fiscal year 1993 for "Operation and Maintenance, Defense Agencies" the additional sum of $979,000,000, to be available for the purposes of providing assistance to the independent states of the former Soviet Union. (b) AUTHORIZATION OF TRANSFER OF FUNDS.-The Secretary of Defense may, to the extent provided in appropriations Acts, transfer from the account "Operation and Maintenance, Defense Agencies" for fiscal year 1993 a sum not to exceed the amount appropriated pursuant to the authorization in subsection (a) to (1) other accounts of the Department of Defense for the purpose of providing assistance to the independent states of the former Soviet Union; or (2) appropriations available to the Department of State and other agencies of the United States Government for the purpose of providing assistance to the independent states of the former Soviet Union for programs that the President determines will increase the national security of the United States. (c) ADMINISTRATIVE PROVISIONS. (1) Amounts transferred under subsection (b) shall be available subject to the same terms and conditions as the appropriations to which transferred. (2) The authority to make transfers pursuant to this section is in addition to any other transfer authority of the Department of Defense. (d) COORDINATION OF PROGRAMS.-The President shall coordinate the programs described in subsection (b) with those authorized in the other provisions of this title and in the provisions of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511) so as to optimize the contribution such programs make to the national interests of the United States. 16 22 U.S.C. 5958. f. Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 FREEDOM Support Act Partial text of Public Law 102–511 [S. 2532], 106 Stat. 3320, approved October 24, 1992 AN ACT To support freedom and open markets in the independent states of the former Soviet Union, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.1 SHORT TITLES. This Act may be cited as the "Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992" or the "FREEDOM Support Act". * * TITLE V-NONPROLIFERATION AND DISARMAMENT SEC. 501.2 FINDINGS. 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. 122 U.S.C. 5801 note. 222 U.S.C. 5851. SEC. 502.3 ELIGIBILITY. 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 503 and 504 only if the President has certified to the Congress,4 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 503(a) or 504(a) of this Act 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). SEC. 503.5 NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE INDEPENDENT STATES. (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 322 U.S.C. 5852. 4 In a memorandum of December 30, 1992, for the Secretaries of State and Defense, and the Director, OMB, the President delegated authority established in sec. 502 of the FREEDOM Support Act and in sec. 1412(d) of Public Law 102-484 to the Secretary of State. The President further delegated authority in secs. 1412(a), 1431, and 1432 of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support Act to the Secretary of Defense. That memorandum further provided that: "The Secretary of Defense shall not exercise authority delegated ・・・ with respect to any former Soviet republic unless the Secretary of State has exercised his authority and performed the duty delegated ** with respect to that former Soviet Republic. The Secretary of Defense shall not obligated funds in the exercise of authority delegated ⚫ ⚫ 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 Congres sional Budget Act of 1974) for purposes of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985.". (58 F.R. 3193; January 8, 1993). 522 U.S.C. 5853. In a memorandum of December 30, 1992, for the Secretaries of State and Defense, and the Director, OMB, the President delegated authority established in sec. 502 of the FREEDOM Sup port Act and in sec. 1412(d) of Public Law 102-484 to the Secretary of State. The President further delegated authority in secs. 1412(a), 1431, and 1432 of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support Act to the Secretary of Defense. That memorandum further provided that: "The Secretary of Defense shall not exercise authority delegated with respect to any former Soviet republic unless the Secretary of State has exercised his authority and performed the duty delegated *** with respect to that former Soviet Republic. The Sec retary of Defense shall not obligated funds in the exercise of authority delegated .. 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 Congres sional Budget Act of 1974) for purposes of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985.". (58 F.R. 3193; January 8, 1993). (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). (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), 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) 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 601(a)(2) of the Congressional Budget Act of 1974) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 504.7 NONPROLIFERATION AND DISARMAMENT FUND. (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 722 U.S.C. 5854. |