
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC5852]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
  CHAPTER 67--FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND 
                          OPEN MARKETS SUPPORT
 
 SUBCHAPTER IV--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
 
Sec. 5852. 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 5853 and 5854 of this title 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 5853(a) or 5854(a) of this 
    title 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).

(Pub. L. 102-511, title V, Sec. 502, Oct. 24, 1992, 106 Stat. 3338.)

                         Delegation of Authority

    Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 
3193, provided:
    Memorandum for the Secretary of State, the Secretary of Defense 
[and] the Director, Office of Management & Budget
    By the authority vested in me by the Constitution and the laws of 
the United States of America, including section 301 of title 3 of the 
United States Code, I hereby delegate:
    1. to the Secretary of State the authority and duty vested in the 
President under section 1412(d) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of the National Defense 
Authorization Act for Fiscal Year 1993, Public Law 102-484) [22 U.S.C. 
5902(d)] and section 502 of the Freedom Support Act (Public Law 102-511 
[22 U.S.C. 5852].
    2. to the Secretary of Defense the authorities and duties vested in 
the President under sections 1412(a), 1431, and 1432 of Public Law 102-
484 [22 U.S.C. 5902(a), 5921, 5922] and sections 503 and 508 of Public 
Law 102-511 [22 U.S.C. 5853, 5858].
    The Secretary of Defense shall not exercise authority delegated by 
paragraph 2 hereof with respect to any former Soviet republic unless the 
Secretary of State has exercised his authority and performed the duty 
delegated by paragraph 1 hereof with respect to that former Soviet 
Republic. The Secretary of Defense shall not obligate funds in the 
exercise of authority delegated by paragraph 2 hereof 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 [2 U.S.C. 665(a)(2)]) for purposes of 
Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 
[2 U.S.C. 900 et seq.].
    The Secretary of State is directed to publish this memorandum in the 
Federal Register.
                                                            George Bush.
