Page 1219 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5853

(Pub. L. 102–511, title V, §501, Oct. 24, 1992, 106

Stat. 3338.)

§ 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, §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.

§ 5853. Nonproliferation and disarmament activities in 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, their delivery

systems, related technologies, and other weapons of the independent states, 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;

(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 defense 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, funds made available

pursuant to sections 108 and 109 of Public Law

102–229 or under the amendments made by section 506(a) of this Act.

(2) Limitation

Funds described in paragraph (1) may not be

obligated for programs and activities under

subsection (a) of this section 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 the