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22 U.S.C. § 2295b — Authorities relating to assistance and other provisions

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2295b — Authorities relating to assistance and other provisions

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Stable record: federal_law:legal_authorities:record_usc_5b2da4ac609688da75ffdfb1
Source file: Laws/federal/codes/united-states-code/title-22/section-2295b-authorities-relating-to-assistance-and-other-provisions--2be7c86cb0.md
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Source location: Title 22, Chapter 32, § 2295b; chapter-032-foreign-assistance.md

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**(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 [[22 U.S.C. 5421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5421&num=0&edition=prelim)] (excluding the authorizations of appropriations provided in subsection (b) of that section) shall be deemed to apply with respect to such enterprise fund and to funds made available to such enterprise fund pursuant to this part. **(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 [section 2295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2295&num=0&edition=prelim), the President may exercise the same authorities as are available under [section 2346c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346c&num=0&edition=prelim), subject to the limitations and requirements of that section, other than subsection (c) and the last two sentences of subsection (e). **(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 [[22 U.S.C. 5401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5401&num=0&edition=prelim) et seq.] to use— (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 [section 2295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2295&num=0&edition=prelim) with respect to the independent states of the former Soviet Union. **(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 11 So in original. Probably should be “unforeseen”. 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) [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim) and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act; (C) sections 2799aa and 2799aa–1 of this title and sections 5604 and 5605 of this title, to the extent that they apply to assistance to governments; and (D) [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim) (commonly referred to as the “Anti-Deficiency Act”), the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990. (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 [section 5801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5801&num=0&edition=prelim). (3) **Nonmarket based trade** — As used in [section 2295a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2295a/b/5&num=0&edition=prelim), the term “nonmarket based trade” includes exports, imports, exchanges, or other arrangements that are provided for goods and services (including oil and other petroleum products) on terms more favorable than those generally available in applicable markets or for comparable commodities, including— (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 [section 1603(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/b&num=0&edition=prelim), with each reference in such section to “a foreign state” deemed to be a reference to “Cuba”.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 661 — Provisions relating to House of Representatives

**(a) Enforcement in House of Representatives** It shall not be in order in the House of Representatives to consider a rule or order that waives the application of [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim). **(b) Disposition of points of order** (1) **Application to House of Representatives** — This subsection shall apply only to the House of Representatives. (2) **Threshold burden** — In order to be cognizable by the Chair, a point of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section must specify the precise language on which it is premised. (3) **Question of consideration** — As disposition of points of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (4) **Debate and intervening motions** — A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (5) **Effect on amendment in order as original text** — The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendm

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5801 — Definitions

For purposes of this subchapter— (1) the term “contractor” means a National Aeronautics and Space Administration contractor to the extent that the acquisition of space hardware, space technology, or space services from the independent states of the former Soviet Union may be relevant to the contractor’s responsibilities under the contract; and (2) the term “designated congressional committees” means the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5812 — Findings

The Congress finds that— (1) recent developments in Russia and the other independent states of the former Soviet Union present an historic opportunity for a transition to a peaceful and stable international order and the integration of the independent states of the former Soviet Union into the community of democratic nations; (2) the entire international community has a vital interest in the success of this transition, and the dimension of the problems now faced in the independent states of the former Soviet Union makes it imperative for donor countries and institutions to provide the expertise and support necessary to ensure continued progress on economic and political reforms; (3) the United States is especially well-positioned because of its heritage and traditions to make a substantial contribution to this transition by building on current technical cooperation, medical, and food assistance programs, by assisting in the development of democratic institutions, and by fostering conditions that will encourage the United States business community to engage in trade and investment; (4) failure to meet the opportunities presented by these developments could threaten United States national security interests and jeopardize substantial savings in United States defense that these developments have made possible; (5) the independent states of the former Soviet Union face unprecedented environmental problems that jeopardize the quality of life and the very existence of not only their own peoples but also the peoples of other countries, and it is incumbent on the international community to assist the independent states in addressing these problems and in promoting sustainable use of resources and development; (6) the success of United States assistance for the independent

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5421 — Agricultural assistance

**(a) Agricultural assistance strategy** (1) **United States assistance** — A principal component of the SEED Program shall be the provision by the United States of food and other agricultural commodities and products to alleviate crucial shortages that may be created in an East European country by the transition from state-directed controls to a free market economy. (2) **Assistance from other countries** — In order to ensure the necessary quantity and diversity of agricultural assistance for that purpose, the United States shall take all appropriate steps to encourage parallel efforts by the European Community and other agricultural surplus countries. (3) **Avoiding disincentives to private agricultural production and marketing** — In participating in such multilateral agricultural assistance, the United States shall seek to strike a balance wherein agricultural commodities and products are supplied in such quantities as will be effective in overcoming severe shortages and dampening inflation but without impeding the development of incentives for private agricultural production and marketing in the recipient country. **(b) Agricultural assistance for Poland** Pursuant to [section 5411(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5411/b/3&num=0&edition=prelim), the United States Government— (1) shall make available to Poland, in coordination with the European Community, United States agricultural assistance— (A) to alleviate immediate food shortages (such assistance to be specifically targeted toward elements of the Polish population most vulnerable to hunger and malnutrition, in particular the infirm, the elderly, and children), and (B) to facilitate the transition from state-directed controls to a free ma

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2381 — Exercise of functions

**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs. **(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 900 — Statement of budget enforcement through sequestration; definitions

**(a) Omitted** **(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session). **(c) Definitions** As used in this subchapter: (1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. (3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be. (4) (A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B). (B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (C

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22 U.S.C. § 6301 — Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation

**(a) Determination by President** (1) **In general** — Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that, on or after the effective date of this subchapter, a foreign person or a United States person has materially and with requisite knowledge contributed, through the export from the United States or any other country of any goods or technology (as defined in [section 6305(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6305/2&num=0&edition=prelim)), to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device. (2) **Persons against which the sanction is to be imposed** — The sanction shall be imposed pursuant to paragraph (1) on— (A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph; (B) any successor entity to that foreign person or United States person; (C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and (D) any foreign person or United States person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (3) **Other sanctions available** — The sanction which is required to be imposed for activities described in this subsection is in

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 621 — Treatment of deposit insurance and agencies and other insurance programs

**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. **(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991. **(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 911 — Budgetary treatment of trust fund operations

**(a)** The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. **(b)** No provision of law enacted after December 12, 1985 (other than a provision of an appropriation Act that appropriated funds authorized under this chapter as in effect on December 12, 1985) may provide for payments from the general fund of the Treasury to any Trust Fund specified in subsection (a) or for payments from any such Trust Fund to the general fund of the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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

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