22 U.S.C. § 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)

Public Law 102–228 22 U.S.C. 2551 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 ; note).

Pub. L. 102–511, title V, § 502Oct. 24, 1992106 Stat. 3338 (, , .)

Editorial Notes

References in Text

section 212 of Pub. L. 102–228Dec. 12, 1991105 Stat. 1693 section 2551 of this title Pub. L. 113–291, div. A, title XIII, § 1351(1)Dec. 19, 2014128 Stat. 3606 Section 212 of the Soviet Nuclear Threat Reduction Act of 1991, referred to in par. (4), is , title II, , , which was set out in a note under , and was repealed by , , .

Statutory Notes and Related Subsidiaries

Inapplicability to Cooperative Threat Reduction Programs

Pub. L. 110–181, div. A, title XIII, § 1304(b)Jan. 28, 2008122 Stat. 413

22 U.S.C. 5852“Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 () shall not apply to any Cooperative Threat Reduction program.”

, , , provided that:

Pub. L. 110–181Definition of Cooperative Threat Reduction Programs for Purposes of

Pub. L. 110–181, div. A, title XIII, § 1301(a)Jan. 28, 2008122 Stat. 410

122 Stat. 53 Pub. L. 104–201 50 U.S.C. 2362“For purposes of section 301 [] and other provisions of this Act [see Tables for classification], Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 [] ([former] note), as amended by section 1303 of this Act.”

, , , provided that:

Executive Documents

Delegation of Authority

Dec. 30, 1992Memorandum of President of the United States, , 58 F.R. 3193, provided:

Memorandum for the Secretary of State, the Secretary of Defense [and] the Director, Office of Management & Budget

section 301 of title 3By the authority vested in me by the Constitution and the laws of the United States of America, including of the United States Code, I hereby delegate:

Public Law 102–484 22 U.S.C. 5902(d)Public Law 102–511 22 U.S.C. 58521. 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, ) [former ] and section 502 of the Freedom Support Act ( [].

Public Law 102–484 Public Law 102–511 22 U.S.C. 58532. to the Secretary of Defense the authorities and duties vested in the President under sections 1412(a), 1431, and 1432 of [22 U.S.C. former 5902(a), former 5921, 5922] and sections 503 and 508 of [, 5858].

2 U.S.C. 665(a)(2)2 U.S.C. 900The 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 []) for purposes of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [ et seq.].

The Secretary of State is directed to publish this memorandum in the Federal Register.

George Bush.