3. National Endowment for Democracy Act Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1039, approved November 22, 1983 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for the Department of State, the United States Information Agency, the Board for International Broadcasting, the Inter-American Foundation, and the Asia Foundation, to establish the National Endowment for Democracy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * TITLE V-NATIONAL ENDOWMENT FOR DEMOCRACY SHORT TITLE Sec. 501. This title may be cited as the "National Endowment for Democracy Act". NATIONAL ENDOWMENT FOR DEMOCRACY Sec. 502.1 (a) The Congress finds that there has been established in the District of Columbia a private, nonprofit corporation known as the National Endowment for Democracy (hereafter in this title referred to as the "Endowment") which is not an agency or establishment of the United States Government. (b) The purposes of the Endowment, as set forth in its articles of incorporation, are (1) to encourage free and democratic institutions throughout the world through private sector initiatives, including activities which promote the individual rights and freedoms (including internationally recognized human rights) which are essential to the functioning of democratic institutions; (2) to facilitate exchanges between United States private sector groups (especially the two major American political parties, labor, and business) and democratic groups abroad; (3) to promote United States nongovernmental participation (especially through the two major American political parties, labor, business, and other private sector groups) in democratic training programs and democratic institution-building abroad; (4) to strengthen democratic electoral processes abroad through timely measures in cooperation with indigenous democratic forces; 122 U.S.C. 4411 Sec. 205 of Public Law 98-164 (97 Stat. 1039) authorized to be appropriated out of USIA funds for each of fiscal years 1984 and 1985, $31,300,000 for the National Endowment for Democracy (see p. 1111 for text). The Department of State and Related Agencies Appropriations Act, 1985 (Public Law 98-411; 98 Stat. 1569) appropriated $18,500,000 for the Endowment during fiscal year 1985 (see p. 1132 for text). (5) to support the participation of the two major American political parties, labor, business, and other United States private sector groups in fostering cooperation with those abroad dedicated to the cultural values, institutions, and organizations of democratic pluralism; and (6) to encourage the establishment and growth of democratic development in a manner consistent both with the broad concerns of United States national interests and with the specific requirements of the democratic groups in other countries which are aided by programs funded by the Endowment. GRANTS TO THE ENDOWMENT Sec. 503.2 (a) The Director of the United States Information Agency shall make an annual grant to the Endowment to enable the Endowment to carry out its purposes as specified in section 502(b). Such grants shall be made with funds specifically appropriated for grants to the Endowment or with funds appropriated to the Agency for the "Salaries and Expenses" account. Such grants shall be made pursuant to a grant agreement between the Director and the Endowment which requires that grant funds will only be used for activities which the Board of Directors of the Endowment determines are consistent with the purposes described in section 502(b), that the Endowment will allocate funds in accordance with subsection (e) of this section, and that the Endowment will otherwise comply with the requirements of this title. The grant agreement may not require the Endowment to comply with requirements other than those specified in this title. (b) Funds so granted may be used by the Endowment to carry out the purposes described in section 502(b), and otherwise applicable limitations on the purposes for which funds appropriated to the United States Information Agency may be used shall not apply to funds granted to the Endowment. (c) Nothing in this title shall be construed to make the Endowment an agency or establishment of the United States Government or to make the members of the Board of Directors of the Endowment, or the officers or employees of the Endowment, officers or employees of the United States. (d) The Endowment and its grantees shall be subject to the ap-propriate oversight procedures of the Congress. (e) of the amounts made available to the Endowment for each of the fiscal years 1984 and 1985 to carry out programs in furtherance of the purposes of this Act (1) not less than $13,800,000 shall be for the Free Trade Union Institute; and (2) not less than $2,500,000 shall be to support private enterprise development programs of the National Chamber Foundation. 2 22 U.S.C. 4412. ELIGIBILITY OF THE ENDOWMENT FOR GRANTS Sec. 504.3 (a) Grants may be made to the Endownment under this title only if the Endowment agrees to comply with the requirements specified in this section and elsewhere in this title. (b)(1) The Endowment may only provide funding for programs of private sector groups and may not carry out programs directly. (2) The Endowment may provide funding only for programs which are consistent with the purposes set forth in section 502(b). (c)(1) Officers of the Endowment may not receive any salary or other compensation from any source, other than the Endowment, for services rendered during the period of their employment by the Endowment. (2) If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Endowment, that individual may not receive any compensation or travel expenses in connection with services performed for the Endowment. (d)(1) The Endowment shall not issue any shares of stock or declare or pay any dividends. (2) No part of the assets of the Endowment shall inure to the benefit of any member of the Board, any officer or employee of the Endowment, or any other individual, except as salary or reasonable compensation for services. (e)(1) The accounts of the Endowment shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the Endowment are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Endowment and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (2) The report of each such independent audit shall be included in the annual report required by subsection (h). The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Endowment's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Endowment's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (f)(1) The financial transactions of the Endowment for each fiscal year may be audited by the General Accounting Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of the Endowment are normally kept. The 3 22 U.S.C.4413. representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Endowment pertaining to its financial transactions and necessary to facilitate the audit; and they shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Endowment shall remain in the possession and custody of the Endowment. (2) A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain. such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Endowment, together with such recommendations with respect thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made contrary to the requirements of this title. A. copy of each report shall be furnished to the President and to the Endowment at the time submitted to the Congress. (g)(1) The Endowment shall ensure that each recipient of assistance provided through the Endowment under this title keeps such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) The Endowment shall ensure that it, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Endowment under this title. The Comptroller General of the United States or any of his duly authorized representatives shall also have access thereto for such purpose. (h) Not later than December 31 of each year, the Endowment shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress. The report shall include a comprehensive and detailed report of the Endowment's operations, activities, financial condition, and accomplishments under this title and may include such recommendations as the Endowment deems appropriate. The Board members and officers of the Endowment shall be available to testify before appropriate committees of the Congress with respect to such report, the report of any audit made by the Comptroller General pursuant to subsection (f), or any other matter which any such committee may determine. 4. Soviet-Eastern European Research and Training Act of 1983 Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017, at 1047, approved November 22, 1983 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for the Department of State, the United States Information Agency, the Board of International Broadcasting, the Inter-American Foundation, and the Asia Foundation, to establish the National Endowment for Democracy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * TITLE VIII-SOVIET-EASTERN EUROPEAN RESEARCH AND TRAINING SHORT TITLE Sec. 801. This title may be cited as the "Soviet-Eastern European Research and Training Act of 1983". FINDINGS AND DECLARATIONS Sec. 802.1 The Congress finds and declares that (1) factual knowledge, independently verified, about the Soviet Union and Eastern European countries is of the utmost importance for the national security of the United States, for the furtherance of our national interests in the conduct of foreign relations, and for the prudent management of our domestic affairs; (2) the development and maintenance of knowledge about the Soviet Union and Eastern European countries depends upon the national capability for advanced research by highly trained and experienced specialists, available for service in and out of Government; (3) certain essential functions are necessary to ensure the existence of that knowledge and the capability to sustain it, including (A) graduate training; (B) advanced research; (C) public dissemination of research data, methods, and findings; (D) contact and collaboration among Government and private specialists; and (E) firsthand experience of the Soviet Union and Eastern European countries by American specialists, including on 122 U.S.C. 4501. |