
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: 22USC5854]

 
               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. 5854. 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--
            (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;
        (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) of 
this section.

(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) of this section, 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) ``Security assistance funds'' defined

        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 [22 U.S.C. 2346 et seq.] 
    (relating to the Economic Support Fund) or assistance under section 
    2763 of this title (relating to the ``Foreign Military Financing 
    Program'').

               (3) Exemption from certain restrictions

        Section 531(e) of the Foreign Assistance Act of 1961 [22 U.S.C. 
    2346(e)], 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.

(Pub. L. 102-511, title V, Sec. 504, Oct. 24, 1992, 106 Stat. 3339.)

                       References in Text

    The Foreign Assistance Act of 1961, referred to in subsec. (c)(2), 
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 4 of 
part II of the Act is classified to part IV (Sec. 2346 et seq.) of 
subchapter II of chapter 32 of this title. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.
    Section 510 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991, referred to in subsec. (c)(3), is 
section 510 of Pub. L. 101-513, title V, Nov. 5, 1991, 104 Stat. 2003, 
which is not classified to the Code.

Delegation of Authority With Respect to Allocation and Administration of 
                  Nonproliferation and Disarmament Fund

    Memorandum of President of the United States, Apr. 21, 1994, 59 F.R. 
21619, provided:
    Memorandum for the Secretary of State [and] the Secretary of Defense
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including sections 504 and 508 
[22 U.S.C. 5854, 5858] of the FREEDOM Support Act (Public Law 102-511) 
(the ``Act''), title III of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1994 (Public Law 103-87) [107 
Stat. 941] and section 301 of title 3 of the United States Code, it is 
hereby ordered as follows:
    1. The authorities and duties vested in the President under section 
504 of the Act [22 U.S.C. 5854] are hereby delegated to the Secretary of 
State. These authorities and duties shall be exercised in consultation 
with the Secretary of Defense and other appropriate agencies. The 
Secretary of State may, to the extent consistent with law, redelegate 
such authorities and duties and authorize their successive redelegation.
    2. Notwithstanding the Presidential Memorandum of December 30, 1992 
[22 U.S.C. 5852 note] (Delegation of Responsibilities under Title XIV of 
Public Law 102-484 and Title V of Public Law 102-511), the Secretary of 
State is hereby delegated the duties vested in the President under 
section 508 of the Act [22 U.S.C. 5858] insofar as those duties relate 
to notice of and reports on obligations and activities under section 504 
of the Act [22 U.S.C. 5854].
    3. Funds appropriated or otherwise made available to the President 
for a ``Nonproliferation and Disarmament Fund'' authorized under section 
504 of the Act [22 U.S.C. 5854] shall be deemed to be allocated to the 
Secretary of State without any further action of the President. Such 
funds may be reallocated or transferred as appropriate by the Secretary 
of State to any agency or part thereof for obligation or expenditure 
consistent with applicable law.
    The Secretary of State is authorized and directed to publish this 
memorandum in the Federal Register.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 2349bb, 5852, 5855, 5857, 
5858 of this title.
