§ 5814. — Annual report.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5814]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 67--FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND
OPEN MARKETS SUPPORT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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, Sec. 104, Oct. 24, 1992, 106 Stat. 3324; Pub.
L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 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, Sec. 1000(a)(2) [title V, Sec. 596], Nov.
29, 1999, 113 Stat. 1535, 1501A-123, which enacted part XII (Sec. 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 [Sec. 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, Sec. 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 following appropriation acts:
Pub. L. 107-115, title V, Sec. 517(b), Jan. 10, 2002, 115 Stat.
2144.
Pub. L. 106-429, Sec. 101(a) [title V, Sec. 517(b)], Nov. 6, 2000,
114 Stat. 1900, 1900A-27.
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 517(b)],
Nov. 29, 1999, 113 Stat. 1535, 1501A-86.
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 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, Sec. 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.