Part XI—Support for Economic and Democratic Development of the Independent States of the Former Soviet Union
§2295. Assistance for the independent states
The President is authorized to provide assistance to the independent states of the former Soviet Union under this part 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) 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) 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) 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) political parties and coalitions committed to promoting democracy, human rights, and economic reforms;
(H) support for civic organizations committed to promoting human rights;
(I) 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) strengthened administration of justice through programs and activities carried out in accordance with
(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 rights-related laws and proposed legislation, and legal assistance to persons subject to improper government interference.
(3) Independent media
Developing free and independent media, including—
(A) supporting all forms of independent media reporting, including print, radio, and television;
(B) providing special support for, and unrestricted public access to, nongovernmental Internet-based sources of information, dissemination and reporting, including providing technical and other support for web radio services, providing computers and other necessary resources for Internet connectivity and training new Internet users in nongovernmental civic organizations on methods and uses of Internet-based media; and
(C) training in journalism, including investigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials.
(4) Free market systems
Creating and developing private enterprise and free market systems based on the principle of private ownership of property, including—
(A) the development of private cooperatives, credit unions, and labor unions;
(B) the improvement in the collection and analysis of statistical information;
(C) the reform and restructuring of banking and financial systems; and
(D) the protection of intellectual property.
(5) Trade and investment
Creating conditions that promote trade and investment, and encouraging participation of the United States private sector in the development of the private sector in the independent states of the former Soviet Union.
(6) Food distribution and production
Promoting market-based mechanisms for the distribution of the inputs necessary to agricultural production and for the handling, marketing, storage, and processing of agricultural commodities; encouraging policies that provide incentives for agricultural production; and creating institutions that provide technical and financial support for the agricultural sector.
(7) Health and human services
Promoting programs to strengthen and build institutions that provide quality health care and voluntary family planning services, housing, and other services and policies that are components of a social safety net, particularly for infants, children, and people with disabilities.
(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.
(
Editorial Notes
Amendments
2002—Par. (2).
Par. (2)(E) to (J).
"(E) the development of a free and independent media;
"(G) strengthened administration of justice through programs and activities carried out in accordance with
Pars. (3) to (14).
Statutory Notes and Related Subsidiaries
Findings and Purposes
"(a)
"(1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building—
"(A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and
"(B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law.
"(2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law.
"(3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties.
"(B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999.
"(4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated by the private sector, and the United States recognized Russia as a market economy on June 7, 2002.
"(5)(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small- and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs.
"(B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation.
"(C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to—
"(i) establish a commercial legal infrastructure;
"(ii) develop an independent judiciary;
"(iii) support the drafting of a new criminal code, civil code, and bankruptcy law;
"(iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission;
"(v) support Russian law schools;
"(vi) create legal aid clinics; and
"(vii) bolster law-related activities of nongovernmental organizations.
"(6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media.
"(7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means.
"(8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a 'Foundation for Cooperation'.
"(b)
"(1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and
"(2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater role in designing and implementing such programs, while maintaining appropriate oversight and monitoring."
United States Policy Toward the Russian Federation
"(a)
"(1) recognize that a democratic and economically stable Russian Federation is inherently less confrontational and destabilizing in its foreign policy and therefore that the promotion of democracy in Russia is in the national security interests of the United States; and
"(2) continue and increase assistance to the democratic forces in the Russian Federation, including the independent media, regional administrations, democratic political parties, and nongovernmental organizations.
"(b)
"(1) to facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, including Russia's membership in the appropriate international institutions;
"(2) to engage the Government of the Russian Federation and Russian society in order to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights;
"(3) to advance a dialogue among United States Government officials, private sector individuals, and representatives of the Government of the Russian Federation regarding Russia's integration into the Western community of nations;
"(4) to encourage United States Government officials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representatives of nongovernmental organizations, civic organizers, church officials, and reform-minded politicians from Moscow and all other regions of the Russian Federation;
"(5) to incorporate democratic reforms, the promotion of independent media, and economic reforms in a broader United States dialogue with the Government of the Russian Federation;
"(6) to encourage the Government of the Russian Federation to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption;
"(7) to consult with the Government of the Russian Federation and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a fully functioning market economy and membership in the World Trade Organization;
"(8) to persuade the Government of the Russian Federation to honor its commitments made to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference, and to conduct a genuine good neighbor policy toward the other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and
"(9) to encourage the G–8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development, to develop financial safeguards and transparency practices in lending to the Russian Federation."
Activities To Support the Russian Federation
"(a)
"(1) work with the Government of the Russian Federation, the Duma, and representatives of the Russian Federation judiciary to help implement a revised and improved code of criminal procedure and other laws;
"(2) establish civic education programs relating to democracy, public policy, the rule of law, and the importance of independent media, including the establishment of 'American Centers' and public policy schools at Russian universities and encourage cooperative programs with universities in the United States to offer courses through Internet-based off-site learning centers at Russian universities; and
"(3) support the Regional Initiatives (RI) program, which provides targeted assistance in those regions of the Russian Federation that have demonstrated a commitment to reform, democracy, and the rule of law, and which promotes the concept of such programs as a model for all regions of the Russian Federation.
"(b)
Executive Documents
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
§2295a. Criteria for assistance to governments of the independent states
(a) In general
In providing assistance under this part 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, 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-of-war, 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, and ceasing trade subsidies and economic, nuclear, and other assistance.
(b) Ineligibility for assistance
The President shall not provide assistance under this part—
(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 October 24, 1992, 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
(5) 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
(6) 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 1 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.
(4) 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) 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 March 12, 1996, for an independent state of the former Soviet Union under this chapter an amount equal to the sum of assistance and credits, if any, provided on or after March 12, 1996, 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 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
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(1), was in the original "this Act", meaning
The Cooperative Threat Reduction Act of 1993, referred to in subsec. (d)(3)(G), is title XII of div. A of
Amendments
1996—Subsec. (a)(11).
Subsec. (b)(5), (6).
Subsec. (c)(4).
Subsec. (d).
1994—Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see
Ineligibility for Assistance of Institutions Withholding Certain Documents of United States Nationals
"(a)
"(1) on the date of enactment of this Act [Oct. 24, 1992], there is outstanding a final judgment by a court of competent jurisdiction in that independent state that that governmental entity is withholding unlawfully books or other documents of religious or historical significance that are the property of United States persons; and
"(2) within 90 days of a request by such United States persons, the Secretary of State determines that execution of the court's judgment is blocked as the result of extrajudicial causes such as any of the following:
"(A) A declared refusal of the defendant to comply.
"(B) The unwillingness or failure of local authorities to enforce compliance.
"(C) The issuance of an administrative decree nullifying a court's judgment or forbidding compliance.
"(D) The passage of legislation, after a court's judgment, nullifying that judgment or forbidding compliance with that judgment.
"(b)
"(c)
"(1) the court's judgment has been executed; or
"(2) it is important to the national interest of the United States to do so.
"(d)
"(e)
"(1) any citizen, national, or permanent resident alien of the United States; and
"(2) any corporation, partnership, or other juridical entity which is 50 percent or more beneficially owned by individuals described in paragraph (1)."
Executive Documents
Change of Name
The Conference on Security and Cooperation in Europe to be called the Organization for Security and Cooperation in Europe effective Jan. 1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591.
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
Functions of President under subsecs. (a) and (c)(2) of this section delegated to Coordinator by section 2(c), (d) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under
Functions of President under subsecs. (b)(1)–(3), (5), and (c)(1) of this section delegated to Secretary of State by section 1(2), (3) of Ex. Ord. No. 12884.
Functions of President under subsec. (c)(3) of this section and requirement to make reports under this section regarding determinations under subsec. (c)(3) delegated to Secretary of State by section 3(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended.
1 So in original. Probably should be "Baltic".
§2295b. Authorities relating to assistance and other provisions
(a) Assistance through governments and nongovernmental organizations
Assistance under this part may be provided to governments or through nongovernmental organizations.
(b) Technical and managerial assistance
Technical assistance under this part 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 part 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 part, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 [
(d) Cooperative development and research projects
Assistance under this part 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)(J) of
(f) Use of economic support funds
Any funds that have been allocated under part 4 of subchapter II of this chapter for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this part.
(g) Use of SEED agency funds and administrative authorities
The President may authorize any agency of the United States Government that has authority to conduct activities under the Support for East European Democracy (SEED) Act of 1989 [
(1) any funds that are available to it for activities related to international affairs outside Eastern Europe, and
(2) any administrative authorities that are available to it for activities with respect to Eastern Europe,
to conduct activities authorized by
(h) Procurement restrictions
Funds made available for assistance under this part 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 1 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 part 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)).
(j) Waiver of certain provisions
(1) In general
Funds authorized to be appropriated for fiscal year 1993 by this part, 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 part notwithstanding any other provision of law, except for—
(A) this part;
(B)
(C)
(D)
(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) shall not apply with respect to funds used pursuant to this part.
(k) Definitions
(1) Appropriate congressional committees
As used in this part, 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 part, the terms "independent states of the former Soviet Union" and "independent states" have the meaning given those terms by
(3) Nonmarket based trade
As used in
(A) exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy;
(B) imports from the Cuban Government at preferential tariff rates;
(C) exchange arrangements that include advance delivery of commodities, arrangements in which the Cuban Government is not held accountable for unfulfilled exchange contracts, and arrangements under which Cuba does not pay appropriate transportation, insurance, or finance costs; and
(D) the exchange, reduction, or forgiveness of debt of the Cuban Government in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national.
(4) Cuban Government
(A) The term "Cuban Government" includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.
(B) For purposes of subparagraph (A), the term "agency or instrumentality of the Government of Cuba" means an agency or instrumentality of a foreign state as defined in
(
Editorial Notes
References in Text
The Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (g), is
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (j)(1)(D), is
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (j)(1)(D), is title II of
The Budget Enforcement Act of 1990, referred to in subsec. (j)(1)(D), is title XIII of
Section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, referred to in subsec. (j)(2), is section 510 of
Amendments
2002—Subsec. (e).
1996—Subsec. (k)(3), (4).
1994—Subsec. (j)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Trans-Caucasus Enterprise Fund
Executive Documents
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
Functions of President under subsecs. (c) and (g) of this section delegated to Coordinator by section 2(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under
Functions of President under subsecs. (h) and (i) of this section delegated by section 5(a) of Ex. Ord. No. 12884 to head of agency responsible for administering the particular program or activity with respect to which the authority is to be exercised.
1 So in original. Probably should be "unforeseen".
§2295c. Authorization of appropriations
(a) In general
To carry out this part, 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.
(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 part, including reimbursement of the Department of State for its incremental costs associated with assistance provided under this part.
(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
(
Executive Documents
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
For delegation of certain functions of President under subsec. (b)(2), see section 3(b) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set out as a note under