§ 5854 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1220

1See References in Text note below.

discretionary spending limits for that fiscal

year (as defined in section 665(a)(2) 1 of title 2)

for purposes of part C of the Balanced Budget

and Emergency Deficit Control Act of 1985 [2

U.S.C. 900 et seq.].

(Pub. L. 102–511, title V, §503, Oct. 24, 1992, 106

Stat. 3338.)

REFERENCES IN TEXT

Sections 108 and 109 of Public Law 102–229, referred to

in subsec. (c)(1), are sections 108 and 109 of Pub. L.

102–229, title I, Dec. 12, 1991, 105 Stat. 1708, which are

not classified to the Code.

Section 506(a) of this Act, referred to in subsec. (c)(1),

is section 506(a) of Pub. L. 102–511, which was classified

to section 5856(a) of this title and was omitted from the

Code. Section 506(a) directed amendment of section 221

of Pub. L. 102–228, set out as a note under section 2551

of this title, but did not become effective pursuant to

section 5856(c) of this title.

Section 665 of title 2, referred to in subsec. (c)(2), was

repealed by Pub. L. 105–33, title X, §10118(a), Aug. 5,

1997, 111 Stat. 695.

The Balanced Budget and Emergency Deficit Control

Act of 1985, referred to in subsec. (c)(2), is title II of

Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038. Part C of the

Act is classified generally to subchapter I (§900 et seq.)

of chapter 20 of Title 2, The Congress. For complete

classification of this Act to the Code, see Short Title

note set out under section 900 of Title 2 and Tables.

DELEGATION OF AUTHORITY

Authority of President under this section delegated

to Secretary of Defense by section 2 of Memorandum of

President of the United States, Dec. 30, 1992, 58 F.R.

3193, set out as a note under section 5852 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5852, 5855, 5856,

5857, 5858 of this title.

§ 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, §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 (§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
Page 1221 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5857

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 5852, 5855, 5857,

5858 of this title.

§ 5855. 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

5853(a)(6) and 5854(a)(6) of this title 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 defense 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 [29 U.S.C.

1501 et seq.]), or through the Economic Development Administration.

(Pub. L. 102–511, title V, §505, Oct. 24, 1992, 106

Stat. 3340.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102–511, Oct.

24, 1992, 106 Stat. 3320, known as the Freedom for Russia

and Emerging Eurasian Democracies and Open Markets

Support Act of 1992 and also as the FREEDOM Support

Act. For complete classification of this Act to the

Code, see Short Title note set out under section 5801 of

this title and Tables.

The Job Training Partnership Act, referred to in

text, is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, as

amended, which is classified generally to chapter 19

(§1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note

set out under section 1501 of Title 29 and Tables.

§ 5856. Soviet weapons destruction

(a), (b) Omitted

(c) 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

5853 and 5858 of this title shall be deemed to

apply with respect to the funds made available

under such amendments.

(Pub. L. 102–511, title V, §506, Oct. 24, 1992, 106

Stat. 3341.)

REFERENCES IN TEXT

For the amendments made by this section, referred to

in subsec. (c), see Codification note below.

The National Defense Authorization Act for Fiscal

Year 1993, referred to in subsec. (c), is Pub. L. 102–484,

Oct. 23, 1992, 106 Stat. 2315. For complete classification

of this Act to the Code, see Tables. See, also, Codification note below.

Section 221(a) of the Soviet Nuclear Threat Reduction

Act of 1991, referred to in subsec. (c), is section 221(a)

of Pub. L. 102–228, which is set out as a note under section 2551 of this title. See Codification note below.

CODIFICATION

Section is comprised of section 506 of Pub. L. 102–511.

Subsec. (a) of this section directed the amendment of

section 221 of Pub. L. 102–228 which is set out as a note

under section 2551 of this title and subsec. (b) of this

section directed the amendment of sections 108 and 109

of Pub. L. 102–229 which are not classified to the Code.

Because of amendments by section 1421(a)(2)(B), (3) and

(b) of Pub. L. 102–484, div. A, title XIV, Oct. 23, 1992, 106

Stat. 2565, to section 221 of Pub. L. 102–228 and sections

108 and 109 of Pub. L. 102–229, the amendments directed

by subsecs. (a) and (b) of this section did not take effect

pursuant to subsec. (c) of this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5853, 5858 of this

title.

§ 5857. Waiver of certain provisions

(a) In general

Funds made available for fiscal year 1993

under sections 5853 and 5854 of this title to provide assistance or otherwise carry out programs

and activities with respect to the independent