should be used to extend the period of availability of those funds whenever appropriate to improve the quality of assistance provided under section 496.

Chapter 11-Support for the Economic and Democratic Development of the Independent States of the Former Soviet Union 633

SEC. 498.634, 635 ASSISTANCE FOR THE INDEPENDENT STATES.

The President is authorized to provide assistance to the independent states of the former Soviet Union under this chapter for the following activities:

(1) URGENT HUMANITARIAN NEEDS.-Meeting urgent humanitarian needs (including those arising from the health effects of exposure to radiation in the Chernobyl region), in particular

(A) meeting needs for medicine, medical supplies and equipment, and food, including the nutritional needs of infants such as processed baby food; and

(B) continuing efforts to rebuild from the earthquake in Armenia.

"(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in any prior fiscal year appropriation Act; and

"(3) the contract authority provided in fiscal year 2006 for any program subject to limitation contained in any fiscal year 2006 appropriation Act.

"(b) PROPORTIONATE APPLICATION.-Any rescission made by subsection (a) shall be applied proportionately

"(1) to each discretionary account and each item of budget authority described in such subsection; and

"(2) within each such account and item, to each program, project, and activity (with pregrams, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).

"(c) EXCEPTIONS.-This section shall not apply

"(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or

"(2) to discretionary authority appropriated or otherwise made available to the Department of Veterans Affairs. "(d) OMB REPORT.-Within 30 days after the date of the enactment of this section the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section.".

Relating to family planning, see also the President's Memorandum of March 28, 2001, to the Administrator of the U.S. Agency for International Development, restoring the Mexico City Policy (66 F.R. 17303).

In a memorandum of August 29, 2003 (68 F.R. 52323), the President extended "the requirements of the March 28, 2001 memorandum to all assistance for voluntary population planning furnished to foreign nongovernmental organizations and appropriated pursuant to the Foreign Assistance Act, whether such assistance is furnished by USAID or any other bureau, office, or component of the Department of State. As set forth in the March 28, 2001, memorandum, this policy applies to certain assistance provided to foreign nongovernmental organizations. Such organizations do not include multilateral organizations that are associations of governments. This policy shall not apply to foreign assistance furnished pursuant to the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–125).".

633 Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3324) added chapter 11, secs. 498-498C.

634 22 U.S.C. 2295.

635 Section 3(b) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993), as amended, delegated to the Secretary of State those functions conferred upon the President in sec. 498. This delegation of authority is subject to the authority of the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) under sec. 102 of that Act. Sec. 3 of that Executive Order ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(4) (division G of Public Law 105-277; 112 Stat. 2681).

(2) 636 DEMOCRACY AND RULE OF LAW.-Establishing a democratic and free society by fostering

(A) political, social, and economic pluralism;

(B) respect for internationally recognized human rights and the rule of law;

(C) the development of institutions of democratic governance, including electoral and legislative processes;

(D) the institution and improvement of public administration at the national, intergovernmental, regional, and local level;

(E) 636 development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations;

(F) 636 international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies;

(G) 636 political parties and coalitions committed to promoting democracy, human rights, and economic reforms; (H) 636 support for civic organizations committed to promoting human rights;

(I) 636 the development of effective control by elected civilian officials over, and the development of a nonpolitical officer corps in, the military and security forces; and

(J) 636 strengthened administration of justice through programs and activities carried out in accordance with section 498B(e), including

(i) support for nongovernmental organizations, civic organizations, and political parties that favor a strong and independent judiciary;

(ii) support for local organizations that work with judges and law enforcement officials in efforts to achieve a reduction in the number of pretrial detainees; and

(iii) support for the creation of legal associations or groups that provide training in human rights and advocacy, public education with respect to human rightsrelated laws and proposed legislation, and legal assistance to persons subject to improper government interference.

(3) 637 INDEPENDENT MEDIA.-Developing free and independent media, including—

636 Sec. 4(a)(1)(A) of the Russian Democracy Act of 2002 (Public Law 107-246; 116 Stat. 1514) struck out "DEMOCRACY" and inserted in lieu thereof "DEMOCRACY AND RULE OF LAW". Sec. 4(a)(1)(B) of that Act struck out subparas. (E) and (G), relating to the development of a free and independent media and administration of justice, respectively. Sec. 4(a)(1)(C) redesignated subpara. (F) as subpara. (I), and sec. 4(a)(1)(D) added new subparas. (E) through (H). Lastly, sec. 4(A)(1)(E) added a new subpara. (J).

637 Sec. 4(a)(2) of the Russian Democracy Act of 2002 (Public Law 107-246; 116 Stat. 1514) redesignated paras. (3) through (13) as paras. (4) through (14), respectively, and added a new para. (3). Previously, reference to independent media appeared in sec. 498(2)(E), also struck out by the Russian Democracy Act of 2002. See preceding footnote.

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(8) EDUCATION AND EDUCATIONAL TELEVISION.-Promoting broad-based educational reform at all levels, in particular—

(A) by assisting the development of curricula and by making available textbooks, other educational materials. and appropriate telecommunications technologies for the delivery of educational and instructional programming: and

(B) by assisting the development of the skills necessary to produce educational television programs aimed at promoting basic skills and the human values associated with a democratic society and a free market economy. (9) ENERGY EFFICIENCY AND PRODUCTION.-Promoting market-based pricing policies and the transfer of technologies that

reduce energy wastage and harmful emissions; supporting developmentally sound capital energy projects that utilize United States advanced coal technologies; and promoting efficient production, use, and transportation of oil, gas, coal, and other sources of energy.

(10) CIVILIAN NUCLEAR REACTOR SAFETY.-Implementing

(A) a program of short-term safety upgrade of civilian nuclear power plants, including the training of power plant personnel, implementation of improved procedures for nuclear power plant operation, the development of effective and independent regulatory authorities, and cost-effective hardware upgrades; and

(B) a program to retire those civilian nuclear power plants whose capacity could be more cost-effectively replaced through energy efficiency.

(11) ENVIRONMENT.-Enhancing the human and natural environment and conserving environmental resources, including through

(A) facilitation of the adoption of environmentally-sound policies and technologies, environmental restoration, and sustainable use of natural resources;

(B) promotion of the provision of environmental technology, education, and training by United States businesses, not-for-profit organizations, and institutions of higher education; and

(C) promotion of cooperative research efforts to validate and improve environmental monitoring of protracted radiation exposure.

(12) TRANSPORTATION AND TELECOMMUNICATIONS.-Improving transportation and telecommunications infrastructure and management, including intermodal transportation systems to ensure the safe and efficient movement of people, products, and materials.

(13) DRUG EDUCATION, INTERDICTION, AND ERADICATION.Promoting drug education, interdiction, and eradication programs.

(14) MIGRATION.-Protecting and caring for refugees, displaced persons, and other migrants; addressing the root causes of migration; and promoting the development of appropriate immigration and emigration laws and procedures.

SEC. 498A.638 CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE INDEPENDENT STATES.

(a) 639 IN GENERAL.-In providing assistance under this chapter for the government of any independent state of the former Soviet Union, the President shall take into account not only relative need but also the extent to which that independent state is acting to

(1) make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections;

(2) make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts);

(3) respect internationally recognized human rights, includ ing the rights of minorities and the rights to freedom of religion and emigration;

(4) respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully;

(5) cooperate in seeking peaceful resolution of ethnic and regional conflicts;

(6) implement responsible security policies, including

(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;

(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;

(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and

(D) restraining conventional weapons transfers;

(7) take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources;

(8) deny support for acts of international terrorism;

638 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public Law 102-511; 106 Stat 3357) prohibits assistance to the Government of Azerbaijan unless the President determines that that Government "is taking demonstrable steps to cease all blockades and other offensive uses of force against Armenia and Nagorno-Karabakh.".

Title II of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2127), para. on Assistance for the Independent States of the Former Soviet Union, however, exempts the application of sec 907 for a range of foreign assistance such as democracy support, Trade and Development Agency, Export-Import Bank, and OPIC programs, and humanitarian assistance. The para. also authonzes the President to waive sec. 907 if he determines that it is necessary to support US efforts to counter international terrorism or other related concerns. The President issued such a waiver on January 25, 2002 (Presidential Determination No. 2002-06; 67 F.R. 5921). See also footnote at sec. 498C.

Sec 2ic) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993 delegated to the Coordinator (as established in sec. 102 of the FREEDOM Support Act: 22 USC 5812) those functions conferred upon the President in secs. 498A(a), 498B(c) and 498B g