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22 U.S.C. § 5402 — Scope of authority
Federal law — U.S. Code and appendices · legal_authorities
Page 1654
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 5402
to the Secretary of Commerce. This authority is to be
exercised in consultation with the SEED Program Co-
ordinator and in consultation with other agencies as
appropriate.
SEC. 4. Department of the Treasury. The functions con-
ferred upon the President by section 104 of the Act [22
U.S.C. 5414] regarding debt reduction of certain East
European countries are hereby delegated to the Sec-
retary of the Treasury. The Secretary shall consult, as
appropriate, with other relevant agencies in exercising
the functions herein delegated.
GEORGE BUSH.
§ 5402. Scope of authority
(a) General authorization
The President is authorized to conduct activi-
ties for any East European country that are
similar to any activity authorized by this chap-
ter to be conducted in Poland or Hungary (ex-
cluding those authorized by section 5412 of this
title or the amendments made by sections 301
and 304) if such similar activities would effec-
tively promote a transition to market-oriented
democracy.
(b) Administration of justice programs
In order to strengthen the administration of
justice in East European countries, the Presi-
dent may exercise the same authorities with re-
spect to those countries as are available under
section 2346c of this title, subject to the limita-
tions and requirements of that section, other
than subsection (c) and the last two sentences of
subsection (e).
(c) ‘‘East European country’’ defined
For purposes of this chapter, the term ‘‘East
European country’’ includes Albania, Bulgaria,
the Czech and Slovak Federal Republic, Estonia,
Hungary, Latvia, Lithuania, Poland, Romania,
and states that were part of the former Socialist
Federal Republic of Yugoslavia.
(Pub. L. 101–179, § 3, as ad
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 5402
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Page 1654
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 5402
to the Secretary of Commerce. This authority is to be
exercised in consultation with the SEED Program Co-
ordinator and in consultation with other agencies as
appropriate.
SEC. 4. Department of the Treasury. The functions con-
ferred upon the President by section 104 of the Act [22
U.S.C. 5414] regarding debt reduction of certain East
European countries are hereby delegated to the Sec-
retary of the Treasury. The Secretary shall consult, as
appropriate, with other relevant agencies in exercising
the functions herein delegated.
GEORGE BUSH.
§ 5402. Scope of authority
(a) General authorization
The President is authorized to conduct activi-
ties for any East European country that are
similar to any activity authorized by this chap-
ter to be conducted in Poland or Hungary (ex-
cluding those authorized by section 5412 of this
title or the amendments made by sections 301
and 304) if such similar activities would effec-
tively promote a transition to market-oriented
democracy.
(b) Administration of justice programs
In order to strengthen the administration of
justice in East European countries, the Presi-
dent may exercise the same authorities with re-
spect to those countries as are available under
section 2346c of this title, subject to the limita-
tions and requirements of that section, other
than subsection (c) and the last two sentences of
subsection (e).
(c) ‘‘East European country’’ defined
For purposes of this chapter, the term ‘‘East
European country’’ includes Albania, Bulgaria,
the Czech and Slovak Federal Republic, Estonia,
Hungary, Latvia, Lithuania, Poland, Romania,
and states that were part of the former Socialist
Federal Republic of Yugoslavia.
(Pub. L. 101–179, § 3, as added Pub. L. 102–511,
title IX, § 903(a), Oct. 24, 1992, 106 Stat. 3355.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (c), was
in the original ‘‘this Act’’, meaning Pub. L. 101–179,
Nov. 28, 1989, 103 Stat. 1298, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 5401 of this title and Tables.
Sections 301 and 304, referred to in subsec. (a), are
sections 301 and 304 of Pub. L. 101–179, title III, Nov. 28,
1989, 103 Stat. 1311, 1312. Section 301 amended section
2462 of Title 19, Customs Duties. Section 304 enacted
section 2185 of this title, amended section 2184 of this
title, and enacted provisions set out as a note under
section 2185 of this title.
SUBCHAPTER I—STRUCTURAL
ADJUSTMENT
§ 5411. Multilateral support for structural adjust-
ment in Poland and Hungary
(a) Multilateral assistance for Poland and Hun-
gary
(1) In general
To the extent that Poland and Hungary con-
tinue to evolve toward pluralism and democ-
racy and to develop and implement com-
prehensive economic reform programs, the
United States Government shall take the lead-
ership in mobilizing international financial in-
stitutions, in particular the International
Monetary Fund and the International Bank
for Reconstruction and Development and its
affiliated institutions in the World Bank
group, to provide timely and appropriate re-
sources to help Poland and Hungary.
(2) World Bank structural adjustment loan for
Poland
In furtherance of paragraph (1), the Sec-
retary of the Treasury shall direct the United
States Executive Director of the International
Bank for Reconstruction and Development to
urge expeditious approval and disbursement
by the Bank of a structural adjustment loan
to Poland in an appropriate amount in time to
facilitate the implementation of major eco-
nomic reforms scheduled for early 1990, includ-
ing the termination of energy, export, and ag-
ricultural subsidies and wage indexation.
(b) Stabilization assistance, debt relief, and agri-
cultural assistance for Poland
To the extent that Poland continues to evolve
toward pluralism and democracy and to develop
and implement comprehensive economic reform
programs, the United States Government shall
do the following:
(1) Stabilization assistance
The United States Government, in conjunc-
tion with other member governments of the
Organization of Economic Cooperation and De-
velopment (OECD) and international financial
institutions (including the International Mon-
etary Fund), shall support the implementation
of a plan of the Government of Poland to at-
tack hyperinflation and other structural eco-
nomic problems, address pressing social prob-
lems, carry out comprehensive economic re-
form, and relieve immediate and urgent bal-
ance of payments requirements in Poland,
through the use of mechanisms such as—
(A) the Exchange Stabilization Fund pur-
suant to section 5302 of title 31 and in ac-
cordance with established Department of the
Treasury policies and procedures; and
(B) the authority provided in section
5412(c) of this title.
(2) Debt relief
The United States Government—
(A) shall urge all members of the ‘‘Paris
Club’’ of creditor governments and other
creditor governments to adopt, and partici-
pate in, a generous and early rescheduling
program for debts owed by the Government
of Poland; and
(B) in coordination with other creditor
governments, shall seek to expedite con-
sultations between the Government of Po-
land and its major private creditors in order
to facilitate a rescheduling and reduction of
payments due on debt owed to such creditors
in a manner consistent with the inter-
national debt policy announced by the Sec-
retary of the Treasury on March 10, 1989.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to use** During fiscal year 1990, the Administrator of the Agency for International Development may use, for the purposes described in subsection (b), such sums of foreign currencies described in subsection (c) as the Administrator may determine, subject to subsection (f).
**(b) Purposes for which currency may be used** Foreign currencies may be used under this section—
(1) for the same purposes for which assistance may be provided under part I of the Foreign Assistance Act of 1961 ([22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) and following; relating to economic assistance), and
(2) for the support of any institution providing education for a significant number of United States nationals (who may include members of the United States Armed Forces or the Foreign Service or dependents of such members).
**(c) Currencies which may be used** The foreign currencies which may be used under this section are United States-owned excess foreign currencies that are in excess of amounts necessary for satisfaction of preexisting commitments to use such currencies for other purposes specified by law.
**(d) Where currencies may be used** Foreign currencies may be used under this section in the country where such currencies are held or in other foreign countries.
**(e) Nonapplicability of other provisions of law** Foreign currencies may be used under this section notwithstanding [section 1306 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1306&num=0&edition=prelim) or any other provision of law.
**(f) Requirement for appropriations action** The authority of this section may be exercised only to such extent or in such amount as may be provided in adva
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5402
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Immediate emergency assistance** To the extent that the ongoing International Monetary Fund review of the Polish economy projects a probable balance of payments shortage for the fourth quarter of 1989, the United States Government, in carrying out paragraph (1) of [section 5411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5411/b&num=0&edition=prelim)—
(1) should work closely with the European Community and international financial institutions to determine the extent of emergency assistance required by Poland for the fourth quarter of 1989, and
(2) should consider extending a bridge loan to relieve immediate and urgent balance of payments requirements using the Exchange Stabilization Fund in accordance with paragraph (1)(A) of [section 5411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5411/b&num=0&edition=prelim).
**(b) Immediate, multilateral response to Poland’s economic stabilization needs** In furtherance of [section 5411(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5411/b/1&num=0&edition=prelim), the President, acting in coordination with the European Community, should seek to ensure that the industrialized democracies undertake an immediate, multilateral effort to respond to Poland’s request for $1,000,000,000 to support its economic stabilization program.
**(c) Additional authority to provide stabilization assistance**
(1) **Authority** — In order to carry out paragraph (1) of [section 5411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5411/b&num=0&edition=prelim), the President is authorized to furnish assistance for Poland, notwithstanding any other provisi
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5414
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Federal law — U.S. Code and appendices · legal_authorities
Page 1656
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 5414
(d) Consistency with budget requirements
Subsection (c) should not be construed to au-
thorize or require any budgetary obligations or
outlays that are inconsistent with House Con-
current Resolution 106 of the 101st Congress (set-
ting forth the congressional budget for the
United States Government for fiscal year 1990).
(Pub. L. 101–179, title I, § 103, Nov. 28, 1989, 103
Stat.
1303;
Pub.
L.
110–246,
title
III,
§ 3001(b)(1)(A), (2)(U), June 18, 2008, 122 Stat. 1820,
1821.)
Editorial Notes
REFERENCES IN TEXT
The Food for Peace Act, referred to in subsec. (c), is
act July 10, 1954, ch. 469, 68 Stat. 454, which is classified
generally to chapter 41 (§ 1691 et seq.) of Title 7, Agri-
culture. For complete classification of this Act to the
Code, see Short Title note set out under section 1691 of
Title 7 and Tables.
House Concurrent Resolution 106 of the 101st Con-
gress, referred to in subsec. (d), is H. Con. Res. 106, May
18, 1989, 103 Stat. 2450, which is not classified to the
Code.
AMENDMENTS
2008—Subsec. (c). Pub. L. 110–246 substituted ‘‘Food
for Peace Act’’ for ‘‘Agricultural Trade Development
and Assistance Act of 1954’’ in introductory provisions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–246 effective May 22, 2008,
see section 4(b) of Pub. L. 110–246, set out as an Effec-
tive Date note under section 8701 of Title 7, Agri-
culture.
§ 5414. Debt-for-equity swaps and other special
techniques
(a) Reduction of debt burden
The President shall take all appropriate ac-
tions to explore and encourage innovative ap-
proaches to the reduction of the government-to-
government and commercial debt burden of East
European countri
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 5414
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 5414. This identifies an authority to review, not proof of applicability.