§ 5854. — Nonproliferation and disarmament fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
