§5814. Annual report

Not later than January 31 of each year, the President shall submit to the Congress a report on United States assistance for the independent states of the former Soviet Union under this Act or other provisions of law. Each such report shall include-

(1) an assessment of the progress each independent state has made in meeting the standards set forth in section 2295a of this title, including a description of the steps each independent state has taken or is taking toward meeting those standards and a discussion of additional steps that each independent state could take to meet those standards;

(2) a description of the United States assistance for each independent state that was provided during the preceding fiscal year, is planned for the current fiscal year, and is proposed for the coming fiscal year, specifying the extent to which such assistance for the preceding fiscal year and for current fiscal year has actually been delivered;

(3) an assessment of the effectiveness of United States assistance in achieving its purposes;

(4) an evaluation of the manner in which the "notwithstanding" authority provided in section 2295b(j)(1) of this title, and the "notwithstanding" authority provided in any other provision of law with respect to assistance for the independent states, has been used and why the use of that authority was necessary; and

(5) with respect to the countries of the South Caucasus and Central Asia-

(A) an identification of the progress made by the United States in accomplishing the policy described in section 3 of the Silk Road Strategy Act of 1999;

(B) an evaluation of the degree to which the assistance authorized by chapter 12 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2296 et seq.] has accomplished the purposes identified in that chapter;

(C) a description of the progress being made by the United States to resolve trade disputes registered with and raised by the United States embassies in each country, and to negotiate a bilateral agreement relating to the protection of United States direct investment in, and other business interests with, each country; and

(D) recommendations of any additional initiatives that should be undertaken by the United States to implement the policy and purposes contained in the Silk Road Strategy Act of 1999 [22 U.S.C. 2296 et seq.].

( Pub. L. 102–511, title I, §104, Oct. 24, 1992, 106 Stat. 3324 ; Pub. L. 106–113, div. B, §1000(a)(2) [title V, §596(d)], Nov. 29, 1999, 113 Stat. 1535 , 1501A-126.)

References in Text

This Act, referred to in text, is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320 , as amended, 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 Silk Road Strategy Act of 1999, referred to in par. (5)(A), (D), is Pub. L. 106–113, div. B, §1000(a)(2) [title V, §596], Nov. 29, 1999, 113 Stat. 1535 , 1501A-123, which enacted part XII (§2296 et seq.) of subchapter I of chapter 32 of this title and amended this section and section 5812 of this title. Section 3 of the Act probably refers to a section 3 which related to Policy of the United States and appeared in H.R. 1152 as introduced in the House of Representatives, but was not contained in the provisions of that bill that were incorporated into Pub. L. 106–113. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 2151 of this title and Tables.

The Foreign Assistance Act of 1961, referred to in par. (5)(B), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424 , as amended. Chapter 12 of part I of the Act is classified generally to part XII [§2296 et seq.] of subchapter I 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.

Amendments

1999-Par. (5). Pub. L. 106–113 added par. (5).

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.

For delegation of certain functions of President under this section, see section 2(a) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under section 5812 of this title.

Presidential Report on Funding for New Independent States of Former Soviet Union

Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1617 , provided in part that: "(o) The report required by subsection (d) under the heading 'Assistance for the New Independent States of the Former Soviet Union', contained in Public Law 102–391 [set out below], shall be updated at least annually and shall also contain a listing of all grants and contracts issued from funds appropriated annually for the new independent states of the former Soviet Union, to include for each grant and contract (1) a description of its purpose, (2) its amount, and (3) the country where the grant or contract funds are to be expended."

Pub. L. 102–391, title III, Oct. 6, 1992, 106 Stat. 1650 , provided in part that: "(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."

Restrictions on Assistance for New Independent States of Former Soviet Union; Report to Congress

Pub. L. 103–87, title V, §560(g), Sept. 30, 1993, 107 Stat. 967 , provided that: "None of the funds appropriated by this Act [see Tables for classification] shall be made available to any government of the New Independent States of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other New Independent State, such as those violations included in Principle Six of the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national interest of the United States: Provided further, That the restriction of this subsection shall not apply to the use of such funds for the provision of assistance for purposes of humanitarian, disaster and refugee relief: Provided further, That thirty days after the date of enactment of this Act [Sept. 30, 1993], and then annually thereafter, the Secretary of State shall report to the Committees on Appropriations on steps taken by the governments of the New Independent States concerning violations referred to in this subsection: Provided further, That in preparing this report the Secretary shall consult with the United States Representative to the Conference on Security and Cooperation in Europe [now the Organization for Security and Cooperation in Europe]."

Similar provisions relating to nonavailability of funds to any government of the new independent states of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other new independent state, were contained in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006, Pub. L. 109–102, title V, §517(a), Nov. 14, 2005, 119 Stat. 2201 , and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:

Pub. L. 108–447, div. D, title V, §517(a), Dec. 8, 2004, 118 Stat. 2996 .

Pub. L. 108–199, div. D, title V, §517(b), Jan. 23, 2004, 118 Stat. 173 .

Pub. L. 108–7, div. E, title V, §517(b), Feb. 20, 2003, 117 Stat. 185 .

Pub. L. 107–115, title V, §517(b), Jan. 10, 2002, 115 Stat. 2144 .

Pub. L. 106–429, §101(a) [title V, §517(b)], Nov. 6, 2000, 114 Stat. 1900 , 1900A-27.

Pub. L. 106–113, div. B, §1000(a)(2) [title V, §517(b)], Nov. 29, 1999, 113 Stat. 1535 , 1501A-86.

Pub. L. 105–277, div. A, §101(d) [title V, §517(b)], Oct. 21, 1998, 112 Stat. 2681–150 , 2681-174.

Pub. L. 105–118, title II, [(c)], Nov. 26, 1997, 111 Stat. 2395 .

Pub. L. 104–208, div. A, title I, §101(c) [title II, [(d)]], Sept. 30, 1996, 110 Stat. 3009–121 , 3009-130.

Pub. L. 104–107, title II, [(d)], Feb. 12, 1996, 110 Stat. 712 .

Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1616 .

Report to Congress Under FREEDOM Support Act

Memorandum of President of the United States, Jan. 29, 1993, 58 F.R. 8201, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the FREEDOM Support Act (Public Law 102–511) (the "Act") [see Short Title note set out under section 5801 of this title] and section 301 of Title 3 of the United States Code, I hereby delegate the functions and authorities relating to the report required to be submitted not later than January 31, 1993, under section 104 of the Act [22 U.S.C. 5814] to the Secretary of State, who is authorized to redelegate these functions and authorities consistent with applicable law.

You are authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.