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(e) ELIGIBLE ORGANIZATION.—An organization is eligible for designation as the Demilitarization Enterprise Fund if the organization
(1) is a private, nonprofit organization;
(2) is governed by a board of directors consisting of private citizens of the United States; and
(3) provides assurances acceptable to the President that it will use grants received under this section to provide financial
support in accordance with this section. (f) OPERATIONAL PROVISIONS.—The following provisions of section 201 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply with respect to the Demilitarization Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section:
(1) Subsection (d)(5), relating to the private character of Enterprise Funds.
(2) Subsection (h), relating to retention of interest earned in interest bearing accounts.
(3) Subsection (i), relating to use of United States private venture capital.
(4) Subsection (k), relating to support from Executive agencies.
(5) Subsection (1), relating to limitation on payments to Fund personnel.
(6) Subsections (m) and (n), relating to audits.
(8) Subsection (p), relating to annual reports. In addition, returns on investments of the Demilitarization Enterprise Fund and other payments to the Fund may be reinvested in projects of the Fund.
(g) EXPERIENCE OF OTHER ENTERPRISE FUNDS.—To the maximum extent practicable, the Board of Directors of the Demilitarization Enterprise Fund should adopt for that Fund practices and procedures that have been developed by Enterprise Funds for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101–179; 22 U.S.C. 5421).
(h) CONSULTATION REQUIREMENT.-In the implementation of this section, the Secretary of State and the Administrator of the Agency for International Development shall be consulted to ensure that the Articles of Incorporation of the Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law.
(i) INITIAL IMPLEMENTATION.—The Board of Directors of the Demilitarization Enterprise Fund shall publish the first annual report of the Fund not later than January 31, 1995.
88-541 95 – 39
(1) TERMINATION OF DESIGNATION.-A designation of an organization as the Demilitarization Enterprise Fund under subsection (a) shall be temporary. When making the designation, the President shall provide for the eventual termination of the designation. SEC. 1205. FUNDING FOR FISCAL YEAR 1994.
(a) AUTHORIZATION OF APPROPRIATIONS.-Funds authorized to be appropriated under section 301(21) shall be available for coopera. tive threat reduction with states of the former Soviet Union under this title.
(b) LIMITATIONS.—(1) Not more than $15,000,000 of the funds referred to in subsection (a) may be made available for programs authorized in subsection (b)(6) of section 1203.
(2) Not more than $20,000,000 of such funds may be made available for programs authorized in subsection (b)(7) of section 1203.
(3) Not more than $40,000,000 of such funds may be made available for grants to the Demilitarization Enterprise Fund designated pursuant to section 1204 and for related administrative expenses.
(c) AUTHORIZATION OF EXTENSION OF AVAILABILITY OF PRIOR YEAR FUNDS.—To the extent provided in appropriations Acts, the authority to transfer funds of the Department of Defense provided in section 9110(a) of the Department of Defense Appropriations Act, 1993 (Public Law 102–396; 106 Stat. 1928), and in section 108 of Public Law 102–229 (105 Stat. 1708) shall continue to be in effect during fiscal year 1994. SEC. 1206.* PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) NOTICE OF PROPOSED OBLIGATION.—Not less than 15 days before obligation of any funds for programs under section 1203, the President shall transmit to the appropriate congressional committees as defined in section 1208 a report on the proposed obligation. Each such report shall specify
(1) the activities and forms of assistance for which the President plans to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement of the departments and agencies of the United States Government and the private sector of
the United States. (b) REPORTS ON DEMILITARIZATION OR CONVERSION PROJECTS.Any report under subsection (a) that covers proposed demilitarization or conversion projects under paragraph (5) or (6) of section 1203(b) 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 non military activities planned for those facilities;
(3) the forms of assistance to be provided by the United States Government and by the private sector of the United States;
(4) the extent to which military activities and production capability will consequently be eliminated at those facilities; and
622 U.S.C. 5954. 822 U.S.C. 5955.
(5) the mechanisms to be established for monitoring progress
on those projects. SEC. 1207.7 SEMIANNUAL REPORT.
Not later than April 30 and not later than October 30 of each year,8 the President shall transmit to the appropriate congressional committees a report on the activities carried out under programs described in section 1203(b).9 Each such report shall set forth, for the preceding six-month period and cumulatively, the following:
(1) The amounts obligated and expended for such activities and the purposes for which they were obligated and expended.
(2) A description of the participation, if any, of each department and agency of the United States Government in such activities.
(3) A description of the activities carried out and the forms of assistance provided, and a description of the extent to which the private sector of the United States has participated in the activities for which amounts were obligated and expended under the programs described in section 1203(b). 10
(4) Such other information as the President considers appropriate to fully inform the Congress concerning the operation of the programs and activities carried out under this title, including, with respect to proposed demilitarization or conversion projects, additional information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities.
(5)11 A description of how all of the activities carried out under the authority of this title and other laws providing authority for cooperative threat reduction are coordinated with similar activities that are carried out under any other authority, including activities relating to military-to-military contacts,
environmental restoration, and housing. SEC. 1208.12 APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term “appropriate congressional committees” means
(1) 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);
(2) 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
722 U.S.C. 5956.
& Sec. 1202(1) of Public Law 103-337 (108 Stat. 2882) struck out "Not later than April 30, 1994, and not later than October 30, 1994," and inserud in lieu thercof "Not later than April 30 and not later than October 30 of each year,".
Sec. 1202(2) of Public Law 103-337 (108 Stat. 2882) struck out "under this title" and inserted in lieu thereof “under programs described in section 1203(b)".
10 Sec. 1202(3) of Public Law 103-337 (108 Slat. 2882) struck out “this title", and inserted in lieu thereof "the programs described in section 1203(b)”.
11 Sec. 1208(b) of Public Law 103-337 (108 Stat. 2887) added para. (5). 12 22 U.S.C. 5957.
(3) the committee to which the specified activities of section 1203, if the subject of separate legislation, would be referred
under the rules of the respective House of Congress. SEC. 1209.18 AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 AS
SISTANCE TO THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION. (a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby author. ized 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 deter
mines 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.
13 22 U.S.C. 5958.
5. 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
PROGRAMS AND ACTIVITIES SEC. 601.' 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.