(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.636 CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE INDEPENDENT STATES.

(a) 637 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 pol

636 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 authorizes the President to waive sec. 907 if he determines that it is necessary to support U.S. 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.

637 Sec. 2(c) 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 U.S.C. 5812) those functions conferred upon the President in secs. 498A(a), 498B(c) and 498B(g).

icy frameworks necessary for such reform (including protection of intellectual property and respect for contracts);

(3) respect internationally recognized human rights, including 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;

(9) accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union;

(10) cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-ofwar, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War; and

(11) terminate support for the communist regime in Cuba, including removal of troops, closing military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,638 and ceasing trade subsidies and economic, nuclear, and other assistance.

(b) 639 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

53 Sec. 106(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Pubhc Law 104-114; 110 Stat. 795) struck out "of military facilities" and inserted in lieu thereof "military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos".

Sec. 111(b) of that Act (110 Stat. 802) further provided that: "Notwithstanding any other provision of law, the President shall withhold from assistance allocated on or after [March 12, 1996), for any country an amount equal to the sum of assistance and credits, if any, provided on or after [March 12, 1996] by that country or any entity in that country in support of the completion of the Cuban nuclear facility at Juragua, near Cienfuegos, Cuba.".

639 Sec. 1(a)(2) 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 paras. (1), (2), (3), and (5) of sec. 498A(b).

See also in the Foreign Assistance Appropriations, 2005 (division D of Public Law 108-447; 118 Stat. 2809): title II, paragraph relating to assistance for the independent states of the former Soviet Union; and sec. 517-Independent States of the Former Soviet Union.

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 101 or 102 of the Arms Export Control Act 640 or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991; 641, 642

(5) 642 for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section 498B(k)(3)) with, the Cuban Government; or

(6) 642 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 Baltic 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) 643 The President determines that furnishing such assistance is important to the national interest of the United States.

640 Formerly referred to "section 669 or 670" of this Act. Sec. 826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 519), repealed those two sections, and sec. 826(c) of that Act stated that "Any reference in law as of the date of enactment of this Act [April 30, 1994] to section 669 or 670 of the Foreign Assistance Act of 1961 shall, after such date, be deemed to be a reference to section 101 or 102, as the case may be, of the Arms Export Control Act.".

641 For text of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, see Legislation on Foreign Relations Through 2004, vol. II, sec. F.

642 Sec. 106(c)(1) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) struck out "or" at the end of para. (4); redesignated para. (5) as para. (6); and added a new para. (5).

643 Sec. 1(a)(3) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the Secretary of State those functions conferred upon the President in para

(2) 644 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)645 The assistance is furnished for the alleviation of suffering resulting from a natural or man-made disaster.

(4)646 The assistance is provided under the secondary school exchange program administered by the United States Information Agency.

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

(d) 647 REDUCTION IN ASSISTANCE FOR SUPPORT OF INTELLIGENCE FACILITIES IN CUBA.

(1) REDUCTION IN ASSISTANCE.-Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after the date of the enactment of this subsection, for an independent state of the former Soviet Union under this Act an amount equal to the sum of assistance and credits, if any, provided on or after such date by such state in support of intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba.

(2) WAIVER.-(A) The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that the Russian Government is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government.

(B) At the time of a certification made with respect to Russia under subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the

graph (1) of "section 498A(C)", "and the requirement to make reports under that section regarding determinations under that paragraph". As there is no such designation in the Foreign Assistance Act, the Executive Order is probably referring to sec. 498A(c).

644 Sec. 2(d) 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 U.S.C. 5812) those functions conferred upon the President in paragraph (2) of sec. 498A(c), and the requirement to make reports under that section regarding determinations under that paragraph.

646 Sec. 3(c) 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 para. (3) of sec. 498A(c), and the requirement to make reports under that section regarding determinations under that paragraph. 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).

646 Sec. 106(c)(3) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 Public Law 104-114; 110 Stat. 796) added para. (4).

647 Sec. 106(d)(2) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 797) added subsec. (d). Sec. 106(d)(1) of that Act further provided the following:

d) FACILITIES AT LOURDES, CUBA.—

"11) DISAPPROVAL OF CREDITS.-The Congress expresses its strong disapproval of the extension by Russia of credits equivalent to $200,000,000 in support of the intelligence facility at Lourdes, Cuba, in November 1994.".

intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Government provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility.

(C) The report required by subparagraph (B) may be submitted in classified form.

(D) For purposes of this paragraph, the term "appropriate congressional committees" includes the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(3) EXCEPTIONS TO REDUCTIONS IN ASSISTANCE.—The requirement of paragraph (1) to withhold assistance shall not apply with respect to

(A) assistance to meet urgent humanitarian needs, including disaster and refugee relief;

(B) democratic political reform or rule of law activities; (C) technical assistance for safety upgrades of civilian nuclear power plants;

(D) the creation of private sector or nongovernmental organizations that are independent of government control; (E) the development of a free market economic system; (F) assistance under the secondary school exchange program administered by the United States Information Agency; or

(G) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160).

SEC. 498B.648 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) 637 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 649 that an enterprise fund should be established and supported under this

648 22 U.S.C. 2295b.

649 In Department of State Public Notice 1926 of December 10, 1993, the Coordinator of U.S. Assistance to the New Independent States determined that the following enterprise funds should be established and supported under chapter 11 of part I of the Act: (1) The RussianAmerican Enterprise Fund, (2) The Fund for Large Enterprise Restructuring, and (3) The Central Asia Regional Enterprise Fund (58 F.R. 69441). Department of State Public Notice 1976 of March 23, 1994, determined that the Western NIS Enterprise Fund should be established and supported under chapter 11 of part I (59 F.R. 16255). Department of State Public Notice 2228 of June 23, 1995, determined that the U.S. Russia Investment Fund should be established and supported under chapter 11 of part I (61 F.R. 36176).