eral of the Agency, and shall not appoint any individuals to positions within the Agency.

(d) REFERENCES.-For purposes of this section, references in the Inspector General Act of 1978 to the establishment involved, to the head of the establishment, and to an Inspector General shall be deemed to be references to the Agency, the Director of the Agency, and Inspector General of the Agency, respectively, except to the extent inconsistent with this section.

TITLE V-ON-SITE INSPECTION ACTIVITIES 87

FINDINGS

SEC. 61.88 The Congress finds that

(1) under this Act, the United States Arms Control and Disarmament Agency is charged with the "formulation and imple mentation of United States arms control and disarmament policy in a manner which will promote the national security"; (2) as defined in this Act, the terms "arms control" and "disarmament" means "the identification, verification, inspection, limitation, control, reduction, or elimination, of armed forces and armaments of all kinds under international agreement to establish an effective system of international control";

(3) the On-Site Inspection Agency was established in 1988 pursuant to the INF Treaty to implement, on behalf of the United States, the inspection provisions of the INF Treaty; (4) on-site inspection activities under the INF Treaty include_

(A) inspections in the Soviet Union, Czechoslovakia, and the German Democratic Republic,

(B) escort duties for Soviet teams visiting the United States and the Basing Countries,

(C) establishment and operation of the Portal Monitoring Facility in the Soviet Union, and

(D) support for the Soviet inspectors at the Portal Monitoring Facility in Utah;

(5) 89 the On-Site Inspection Agency has additional responsibilities to those specified in paragraph (4), including the monitoring of nuclear tests pursuant to the Threshold Test Ban Treaty and the Peaceful Nuclear Explosions Treaty and the monitoring of the inspection provisions of such additional arms control agreements as the President may direct;

(6) 89 the personnel of the On-Site Inspection Agency include civilian technical experts, civilian support personnel, and members of the Armed Forces; and

(7) 89 the senior officials of the On-Site Inspection Agency include representatives from the United States Arms Control and Disarmament Agency and the Department of State.

87 For related legislation on United States program for on-site inspections under arms contro agreements, see sec. 1014 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1547), page 1162.

88 22 U.S.C. 2595. Sec. 61 was added by sec. 201 of Public Law 101-216.

89 Sec. 402(a)(1) of Public Law 102-228 redesignated paragraphs (5) and (6) as (6) and (7), re spectively, and added a new paragraph (5).

POLICY COORDINATION CONCERNING IMPLEMENTATION OF ON-SITE INSPECTION PROVISIONS

SEC. 62.90 (a) INTERAGENCY COORDINATION.-OSIA should receive policy guidance which is formulated through an interagency mechanism established by the President.

(b) ROLE OF THE SECRETARY OF DEFENSE.-The Secretary of Defense should provide to OSIA appropriate policy guidance formulated through the interagency mechanism described in subsection (a) and operational direction, consistent with section 113(b) of title 10, United States Code.

(c) ROLE OF THE DIRECTOR.-The Director should provide to the interagency mechanism described in subsection (a) appropriate recommendations for policy guidance to OSIA consistent with sections 2(d), 22, and 34(c) of this Act.

AUTHORIZATIONS OF APPROPRIATIONS FOR ON-SITE INSPECTION

SEC. 63.91 There are authorized to be appropriated $49,830,000 for fiscal year 1990 and $48,831,000 for fiscal year 1991 for the expenses of the On-Site Inspection Agency in carrying out on-site inspection activities pursuant to the INF Treaty.

SEC. 64.92 IMPROVING CONGRESSIONAL OVERSIGHT OF ON-SITE INSPECTION ACTIVITIES.

(a) REPORT FROM THE PRESIDENT.-Concurrent with the submission to the Congress of the request for authorization of appropriations for OSIA for fiscal year 1993, the President shall submit a report on OSIA to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Armed Services of the House of Representatives and Senate. The report shall include a review of

(1) the history of OSIA, including how, when, and under what auspices it was established, including the applicable texts of the relevant executive orders;

(2) the missions and tasks assigned to OSIA to date;

(3) any additional missions and tasks likely to be assigned to OSIA during fiscal year 1993;

(4) the budgetary history of OSIA; and

(5) the extent to which OSIA plays a role in arms control policy formulation and operational implementation.

(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.-Any notification submitted to the Congress with respect to a proposed transfer, reprogramming, or reallocation of funds from or within the budget of OSIA shall also be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall be subject to review by those committees.

90 22 U.S.C. 2595a. Sec. 62 was added by sec. 201 of Public Law 101-216. 91 22 U.S.C. 2595b. Sec. 63 was added by sec. 201 of Public Law 101-216. 92 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added sec. 64.

DEFINITIONS

SEC. 65.93 As used in this title

(1) the term "INF Treaty" means the Treaty Between the United States and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and ShorterRange Missiles (signed at Washington, December 8, 1987); **

(2) the term "OSIA" means the On-Site Inspection Agency established by the President, or such other agency as may be designated by the President to carry out the on-site inspection provisions of the INF Treaty;

94

(3) 94 the term "Peaceful Nuclear Explosions Treaty means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on Underground Nuclear Explosions for Peaceful Purposes (signed at Washington and Moscow, May 28, 1976); and

(4) 94 the term "Threshold Test Ban Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapons Tests (signed at Moscow, July 3, 1974).

93 22 U.S.C. 2595c. This section was added as sec. 64 by sec. 201 of Public Law 101-216. It was redesignated as sec. 65 by sec. 402(b)(1) of Public Law 102–228.

94 Sec. 402(b)(2) of Public Law 102-228 struck our "and" at the end of paragraph (1), struck out the period at the end of paragraph (2) and inserted in lieu thereof a semicolon; and added new paragraphs (3) and (4).

2. 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. 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.

1 22 U.S.C. 5801 note.

2 22 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). 5

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,

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 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. 54 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 re spect 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 Dy rector of the Office of Management and Budget has determined that expenditures during fisca year 1993 pursuant to such obligation shall be counted against the defense category of discre tionary 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).

5 For the Soviet Nuclear Threat Reduction Act of 1991, see page 1096.

622 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 fur ther delegated authority in secs. 1412(a), 1431, and 1432 of Public Law 102-484, and in secs 53 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 De rector 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 discre tionary spending limits for that fiscal year (as defined in section 601(a)2) of the Congressiona Budget Act of 1974) for purposes of Part C of the Balanced Budget and Emergency Deficit Coatrol Act of 1985.". (58 F.R. 3193; January 8, 1993).