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22 U.S.C. § 5855 — Nonproliferation and disarmament fund

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5855 — Nonproliferation and disarmament fund

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Source location: Title 22, Chapter 67, § 5855; chapter-067-freedom-for-russia-and-emerging-eurasian-democracies-and-open-markets-support.md

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**(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). **(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346&num=0&edition=prelim) et seq.] (relating to the Economic Support Fund) or assistance under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346/e&num=0&edition=prelim)], 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5852 — Findings

The Congress finds that it is in the national security interest of the United States— (1) to facilitate, on a priority basis— (A) the transportation, storage, safeguarding, and destruction of nuclear and other weapons of mass destruction of the independent states of the former Soviet Union; (B) the prevention of proliferation of weapons of mass destruction and destabilizing conventional weapons of the independent states, and the establishment of verifiable safeguards against the proliferation of such weapons; (C) the prevention of diversion of weapons-related scientific expertise of the former Soviet Union to terrorist groups or third countries; and (D) other efforts designed to reduce the military threat from the former Soviet Union; (2) to support the conversion of the massive defense-related industry and equipment of the independent states of the former Soviet Union for civilian purposes and uses; and (3) to expand military-to-military contacts between the United States and the independent states.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2763 — Credit sales

**(a) Financing procurement of defense articles and services, and design and construction services** The President is authorized to finance the procurement of defense articles, defense services, and design and construction services by friendly foreign countries and international organizations, on such terms and conditions as he may determine consistent with the requirements of this section. Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of this section may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under this chapter. **(b) Repayment period** The President shall require repayment in United States dollars within a period not to exceed twelve years after the loan agreement with the country or international organization is signed on behalf of the United States Government, unless a longer period is specifically authorized by statute for that country or international organization. **(c) Interest rate; definitions** (1) The President shall charge interest under this section at such rate as he may determine, except that such rate may not be less than 5 percent per year. (2) For purposes of financing provided under this section— (A) the term “concessional rate of interest” means any rate of interest wh

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter. **(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter. **(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5858 — 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 states of the former Soviet Union under those sections may be used notwithstanding any other provision of law, other than the provisions cited in subsection (b). **(b) Exceptions** Subsection (a) does not apply with respect to— (1) this subchapter; and (2) [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim) (commonly referred to as the “Anti-Deficiency Act”), the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5854 — Nonproliferation and disarmament activities in independent states

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3502 — Order of retention

**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim); (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and (C) is entitled to credit for— (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c). **(b)** A preference eligible described in [section 2108(3)(C) of this title](https

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

Page 804 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2345 Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2345. Repealed. Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82 Stat. 1327 Section, Pub. L. 87–195, pt. II, § 525, formerly §§ 503(e), 509(b), as added Pub. L. 88–633, pt. II, § 201(a), (d), Oct. 7, 1964, 78 Stat. 1011; amended Pub. L. 89–171, pt. II, § 201(f), Sept. 6, 1965, 79 Stat. 657; renumbered § 525 and amended Pub. L. 90–137, pt. II, § 201(b)(3), (i)(2), Nov. 14, 1967, 81 Stat. 455, 457, provided for guaranties until June 30, 1968. See section 2764 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title. SAVINGS PROVISION Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued under- taken, or entered into under authority of any provision of former section 2345 of this title as continuing in full force and effect until modified by appropriate author- ity, see section 46 of Pub. L. 90–629, set out as a note under former section 2341 of this title. PART IV—ECONOMIC SUPPORT FUND § 2346. Authority (a) Policy requirements for assistance The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may re- quire economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa,

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5855 — Limitations on defense conversion au-

Page 1718 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5855 (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 Fi- nancing 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.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (c)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. 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 Financ- ing, and Related Programs Appropriations Act, 1991, re- ferred 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. Executive Documents DELEGATION OF AUTHORITY WITH RESPECT TO ALLOCA- TION AND ADMINISTRATION OF NONPROLIFERATION AND DISARMAMENT FUND Memorandum of President of the United States, Apr.

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