(b) INELIGIBILITY FOR ASSISTANCE.-The President shall not provide assistance under this chapter

(1) for the government of any independent state that the President determines is engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law;

(2) for the government of any independent state that the President determines has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union;

(3) for the government of any independent state that the President determines has, on or after the date of enactment of this chapter, knowingly transferred to another country

(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or

(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapon;

(4) for the government of any independent state that is prohibited from receiving such assistance by section 669 or 670 of this Act or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991; 456 or

(5) for the Government of Russia if it has failed to make significant progress on the removal of Russian or Commonwealth of Independent States troops from Estonia, Latvia, and Lithuania or if it has failed to undertake good faith efforts, such as negotiations, to end other military practices that violate the sovereignty of the Baltics states.

(c) EXCEPTIONS TO INELIGIBILITY.-Assistance prohibited by subsection (b) or any similar provision of law, other than assistance prohibited by the provisions referred to in subsection (b)(4), may be furnished under any of the following circumstances:

(1) The President determines that furnishing such assistance is important to the national interest of the United States.

(2) The President determines that furnishing such assistance will foster respect for internationally recognized human rights and the rule of law or the development of institutions of democratic governance.

(3) The assistance is furnished for the alleviation of suffering resulting from a natural or man-made disaster.

The President shall immediately report to the Congress any determination under paragraph (1) or (2) or any decision to provide assistance under paragraph (3).

456 For text of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, see Legislation on Foreign Relations Through 1992, vol. II.

SEC. 498B.457 AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.

(a) ASSISTANCE THROUGH GOVERNMENTS AND NONGOVERNMENTAL ORGANIZATIONS.-Assistance under this chapter may be provided to governments or through nongovernmental organizations.

(b) TECHNICAL AND MANAGERIAL ASSISTANCE.-Technical assistance under this chapter shall, to the maximum extent feasible, be provided on a long term, on-site basis and shall emphasize the provision of practical, management and other problem-solving advice, particularly advice on private enterprise provided by United States business volunteers.

(c) ENTERPRISE FUNDS.-Activities supported pursuant to this chapter may include the establishment of and the provision of support for one or more enterprise funds for the independent states of the former Soviet Union. If the President determines that an enterprise fund should be established and supported under this chapter, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) of that section) shall be deemed to apply with respect to such enterprise fund and to funds made available to such enterprise fund pursuant to this chapter.

(d) COOPERATIVE DEVELOPMENT AND RESEARCH PROJECTS.-Assistance under this chapter may include support for cooperative development projects, including cooperative development research projects, among the United States, other countries, and independent states of the former Soviet Union.

(e) ADMINISTRATION OF JUSTICE PROGRAMS.-In order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)G) of section 498, the Presudent may exercise the same authorities as are available under section 884 of this Act, subject to the limitations and requirements of that section, other than subsection (c) and the last two sentences Al Mudention (el

(PU's or AONOMIC SUPPORT FUNDS.-Any funds that have been allocated under chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter.

OF SKED AGENCY FUNDS AND ADMINISTRATIVE AUTHORIThe President may authorize any agency of the United Sitarost Government that has authority to conduct activities under the Suggsort for East Furopean Democracy (SEED) Act of 1989 to

Pany funds that are available to it for activities related to miernational affairs outside Eastern Europe, and

"any administrative authorities that are available to it for Activating with respect to Eastern Europe,

lucities authorized by section 498 with respect to the midependent x64tos of the former Soviet Union.

GO PROXANAMANT RESTRICTIONS-Funds made available for asthis chapter may be used for procurement

(1) in the United States, the independent states of the former Soviet Union, or a developing country; or

(2) in any other country but only if

(A) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in paragraph (1); or (B) the President determines, on a case-by-case basis, that procurement in such other country is necessary—

(i) to meet unforseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in paragraph (1),

or

(ii) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.

(i) TERMS AND CONDITIONS.-Assistance under this chapter shall be provided on such terms and conditions as the President may determine, consistent with applicable provisions of law (except as otherwise provided in subsection (j)).

(i) WAIVER OF CERTAIN PROVISIONS.

(1) IN GENERAL.-Funds authorized to be appropriated for fiscal year 1993 by this chapter, and any other funds appropriated for fiscal year 1993 that are used under the authority of subsection (f) or (g), may be used to provide assistance under this chapter notwithstanding any other provision of law, except for

(A) this chapter;

(B) section 634A of this Act and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act;

(C) sections 669 and 670 of this Act and sections 306 and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1961,458 to the extent that they apply to assistance to governments; and

(D) section 1341 of title 31, United States Code (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 1990.459

(2) NUCLEAR REACTOR SAFETY AND RELATED ACTIVITIES.-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) 460 shall not apply with respect to funds used pursuant to this chapter.

458 So in original. Should read "1991". Sec. 306 (22 U.S.C. 5604) and sec. 307 (22 U.S.C. 5605) may be found in Legislation on Foreign Relations Through 1992, vol. II.

45 Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 (88 Stat. 297), Public Law 99177 (99 Stat. 1037), and title XIII of Public Law 101-508 (104 Stat. 1388-573), respectively.

460 Sec. 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2003), is restated by sec. 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1658). For text, see page 611.

(k) DEFINITIONS.

(1) APPROPRIATE CONGRESSIONAL COMMITTEES. As used in this chapter, the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2) INDEPENDENT STATES OF THE FORMER SOVIET UNION.—As used in this chapter, the terms "independent states of the former Soviet Union" and "independent states" have the meaning given those terms by section 3 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.461

SEC. 498C.462 AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.-To carry out this chapter, there are authorized to be appropriated to the President for fiscal year 1993 $410,000,000, in addition to amounts otherwise available for assistance for the independent states of the former Soviet Union. Amounts appropriated pursuant to this subsection are authorized to remain available until expended. 463

*** Title II of the Foreign Operations, Export Financing, and Related Programs Appropriatuna her, Vtts Public Law 102-391; 106 Stat. 1649), provided the following:

ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER SOVIET UNION

HA, FUNDING -For necessary expenses to carry out the provisions of chapter 11 of part I of Our Browngis hemiatance Act of 1961 and the FREEDOM Support Act, for economic assistance for The new independent states of the former Soviet Union, $417,000,000 to remain available until

Of the funds appropriated under this heading, not less than $50.000.000 shall be made www.lande for scholarship programs bringing people of the new independent states of the former Soviet Union to the United States for a broad spectrum of study, training, exchange, waternat.ip and similar programs.

"Z, Of the funds appropriated under this heading, not less than 75 percent shall be made eveliable for activities consistent with the purposes of sections 103 through 106 of the Forg. Assistance Act of 1961.

3, Funds appropriated under this heading shall be used for the establishment of a comprehensive program for enhancing environmental management and sustainable economic development in the new independent states of the former Soviet Union. This program www.d emphasize the active participation of local scientific expertise, nongovernmental orAzations, and the public and should include

A environmental monitoring and protection,

B, establishment of appropriate environmental institutions and infrastructure,
MC programs to enhance energy conservation and efficiency, and

"D), nuclear safety and other appropriate initiatives consistent with this paragraph. In the process of assisting the new independent states of the former Soviet Union in the www. V market economies, United States Government agencies shall promote the utili& mal income accounts, as defined in title I, chapter IV, section 401 of Public Low 5, 45, which measure gross sustainable production in order to more accurately acwas for the deterioration of environmental resources.

4. Of the funds appropriated under this heading, up to $12,000,000 may be made we.. for American Agribusiness Centers in the new independent states of the foot theer syrian Union.

AVOK NOTICATION-None of the funds appropriated under this heading shall be ob expeded except through the regular notification procedures of the Committees ky None of the funds appropriated in this Act or in prior Acts making a tone for foreign operations, export financing, and related programs may be obit kich skyenes for planning for or for the establishment of new United States Governmasseyman foundations, centers or other entities or for any activity related to the selec ment of their respective Boards of Directors except through the regular noti

kad groud of the Committees on Appropriations.

Continued

(b) OPERATING EXPENSES.

(1) AUTHORITY TO TRANSFER PROGRAM FUNDS. Subject to paragraph (2), funds made available under subsection (a) may be transferred to, and merged with, funds appropriated for "Operating Expenses of the Agency for International Development". Funds so transferred may be expended for administrative costs in carrying out this chapter, including reimbursement of the Department of State for its incremental costs associated with assistance provided under this chapter.

(2) LIMITATION ON AMOUNT TRANSFERRED.-Not more than 2 percent of the funds made available for a fiscal year under subsection (a) may be transferred pursuant to paragraph (1) unless, at least 15 days before transferring any additional amount, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of this Act.

PART II 464

Chapter 1-Policy 465

Sec. 501.466 Statement of Policy.-The Congress of the United States reaffirms the policy of the United States to achieve interna

"(d) REPORTS.-The President shall submit a report to the Committees on Appropriations containing the amount of funds obligated and expended for each project and subproject funded from amounts appropriated under this heading for the new independent states of the former Soviet Union. The report required by this subsection shall be submitted to the Committees on Appropriations no later than January 1, 1993, and an update of this report shall be submitted by the President to those Committees no later than July 1, 1993.

"(e) RESTRICTION ON ASSISTANCE.-None of the funds appropriated or otherwise made available by this Act for Russia (other than funds to carry out humanitarian assistance) under the heading 'Assistance for the New Independent States of the Former Soviet Union' may be provided by the Government of the United States for the Government of Russia until the President of the United States provides to the Congress a report on the progress being made toward the withdrawal of the armed forces of Russia and the Commonwealth of Independent States from the territories of Lithuania, Latvia, and Estonia and on the status of negotiations regarding the establishment of a timetable for total withdrawal: Provided, That no more than fifty percent of the funds provided by this Act for Russia (other than funds to carry out humanitarian assistance) under the heading 'Assistance for the New Independent States of the Former Soviet Union' shall be made available unless the President certifies to the Congress by June 1, 1993 that the Government of Russia and the Governments of Lithuania, Latvia, and Estonia have made substantial progress towards establishing a timetable for the withdrawal of the armed forces of Russia and the Commonwealth of Independent States from Lithuania, Latvia, and Estonia or that substantial withdrawal has occurred: Provided further, That if the President has been unable to make the certification required by June 1, 1993, then no such assistance under this heading may be obligated until such time as the President makes the required certification, after which date any assistance remaining unobligated may be made available: Provided further, That notwithstanding the previous proviso, if after one year from the date of enactment of this Act, the Government of Russia has not withdrawn all of the armed forces of Russia and the Commonwealth of Independent States from Lithuania, Latvia, and Estonia, or has not completed negotiated agreements including a timetable for withdrawal with each of those governments, no further obligations of funds provided in this Act for Russia under the heading 'Assistance for the New Independent States of the Former Soviet Union' shall occur.".

See also in that Act, sec. 592-Agricultural Aid to the New Independent State of the Former Soviet Union; sec. 593 State Department Research and Training Program; sec. 599A-Humanitarian Assistance for Armenia; and sec. 599B-Report on Russian Military Exports.

454 Sec. 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1692), inserted a chapter 12 at the end of Part I, preceding this note, to provide for the Enterprise for the Americas Initiative. Sec. 602(b) of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 3669), struck out this amendment, however, and inserted "Part IV-Enterprise for the Americas Initiative" beginning at sec. 701 of this Act. See page 301.

445 Sec. 201(a) of the FA Act of 1963 struck out the words "Short Title and" in the chapter heading which formerly read "Short Title and Policy".

Continued

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