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 SEC. 501. 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, 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. 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. 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 Congressional 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 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(aX2) of the Congressional 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. (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; of (4) by establishing programs for preventing diversion 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 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), 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) DEFINITION.-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 (relating to the Economic Support Fund) or assistance under section 23 of the Arms Export Control Act (relating to the “Foreign Military Financing Program"). (3) EXEMPTION FROM CERTAIN RESTRICTIONS.-Section 531(e) of the Foreign Assistance Act of 1961, 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. SEC. 505.8 LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES. 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 503(a)(6) and 504(a)(6) 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 de $22 U.S.C. 5855. fense 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, through the Defense Conversion Adjustment Program (as authorized by the Job Training Partnership Act), or through the Economic Development Administration. SEC. 506. SOVIET WEAPONS DESTRUCTION. (a) 10 ADDITIONAL FUNDING.— (1) AUTHORIZATION AMOUNT.-Section 221(a) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is amended by striking out "$400,000,000" and inserting in lieu thereof "$800,000,000". (2) AUTHORIZATION PERIOD.-Section 221(e) of such Act is amended (A) by inserting "for fiscal year 1992 or fiscal year 1993" after "under part B"; (B) by inserting "for that fiscal year" after "for that program"; and (C) by striking out "for fiscal year 1992” and inserting in lieu thereof "for that fiscal year". (b) 10 TECHNICAL REVISIONS TO PUBLIC LAW 102-229.-Public Law 102-229 is amended (1) in section 108 (105 Stat. 1708), by striking out "contained in H.R. 3807, as passed the Senate on November 25, 1991" and inserting in lieu thereof "(title II of Public Law 102-228)"; and (2) in section 109 (105 Stat. 1708)— (A) by striking out "H.R. 3807, as passed the Senate on November 25, 1991" and inserting in lieu thereof "Public Law 102-228 (105 Stat. 1696)"; and (B) by striking out "of H.R. 3807". (c) 10 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 503 and 508 of this Act shall be deemed to apply with respect to the funds made available under such amendments. 22 U.S.C. 5856. 10 Sec. 1421 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102484; 106 Stat. 2565) made amendments identical to those in subsecs. (a) and (b). |