Legislación

US (United States) Code. Title 22. Chapter 63: Support for east european democracy

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

22 USC CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY

(SEED) 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

-HEAD-

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

-MISC1-

Sec.

5401. Support for East European Democracy (SEED) Program.

(a) SEED Program.

(b) Objectives of SEED assistance.

5402. Scope of authority.

(a) General authorization.

(b) Administration of justice programs.

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

5411. Multilateral support for structural adjustment in

Poland and Hungary.

(a) Multilateral assistance for Poland and Hungary.

(b) Stabilization assistance, debt relief, and

agricultural assistance for Poland.

5412. Stabilization assistance for Poland.

(a) Immediate emergency assistance.

(b) Immediate, multilateral response to Poland's

economic stabilization needs.

assistance.

5413. Agricultural assistance.

(a) Agricultural assistance strategy.

(b) Agricultural assistance for Poland.

assistance for Poland.

(d) Consistency with budget requirements.

5414. Debt-for-equity swaps and other special techniques.

(a) Reduction of debt burden.

(b) Authority for discounted sales of debt.

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

5421. Enterprise Funds for Poland and Hungary.

(a) Purposes.

(b) Authorization of appropriations.

(d) Designation of Enterprise Funds.

(e) Grants to Enterprise Funds.

(f) Eligible programs and projects.

(g) Matters to be considered by Enterprise Funds.

(h) Retention of interest.

(i) Use of United States private venture capital.

(j) Financial instruments for individual investment

in Poland.

(k) Nonapplicability of other laws.

(l) Limitation on payments to Enterprise Fund

personnel.

(m) Independent private audits.

(n) GAO audits.

(o) Recordkeeping requirements.

(p) Annual reports.

5422. Labor market transition in Poland and Hungary.

(a) Technical assistance.

(b) Types of technical assistance authorized.

(d) Consultation with appropriate officers.

(e) Consultation with labor and business

representatives.

(f) Delegation of responsibilities.

(g) Authorization of appropriations.

5423. Technical training for private sector development in

Poland and Hungary.

(a) Technical training program.

(b) Participation by Enterprise Funds and other

agencies and organizations.

(d) Authorization of appropriations.

(e) Limitation with respect to Farmer-to-Farmer

Program.

5424. Peace Corps programs in Poland and Hungary.

5425. Use of Polish currency generated by agricultural

assistance.

(a) Additional assistance for Poland.

(b) Emphasis on agricultural development.

(d) Other uses not precluded.

5426. United States policy of private financial support for

Polish and Hungarian credit unions.

(a) In general.

(b) Omitted.

SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

5441. Educational and cultural exchanges and sister

institutions programs with Poland and Hungary.

(a) Educational and cultural exchanges.

(b) Binational Fulbright commissions.

(d) Sister institutions programs.

(e) Authorization of appropriations.

5442. Poland-Hungary scholarship partnership.

(a) Establishment of scholarship program.

(b) Emphasis on business and economics.

(d) Consultation with States.

(e) Federal share.

(f) Non-Federal share.

(g) Forgiveness of scholarship assistance.

(h) Private sector participation.

(i) Funding.

(j) Restrictions not applicable.

(k) "State" defined.

5443. Science and technology exchange with Poland and

Hungary.

(a) Agreement with Poland.

(b) Agreement with Hungary.

SUBCHAPTER IV - OTHER ASSISTANCE PROGRAMS

5451. Assistance in support of democratic institutions in

Poland and Hungary.

(a) Authorization of assistance.

(b) Nonapplicability of other laws.

5452. Environmental initiatives for Poland and Hungary.

(a) Priority for control of pollution.

(b) EPA activities generally.

(d) EPA activities in Hungary.

(e) Funding of EPA activities.

(f) Department of Energy activities relating to

fossil fuels.

(g) Priority for efficient energy use.

(h) Alternative investments in energy in Hungary.

5453. Medical supplies, hospital equipment, and medical

training for Poland.

(a) Authorization of assistance.

(b) Nonapplicability of other laws.

SUBCHAPTER V - ADDITIONAL SEED PROGRAM ACTIONS

5461. Policy coordination of SEED Program.

5462. SEED Information Center System.

(a) Establishment.

(b) Functions.

5463. Encouraging voluntary assistance for Poland and

Hungary.

(a) Encouraging private contributions.

(b) Transportation to Poland of private

contributions.

5464. Economic and commercial officers at United States

embassies and missions in Poland and Hungary.

SUBCHAPTER VI - REPORTS TO CONGRESS

5471. Report on initial steps taken by United States and on

Poland's requirement for agricultural assistance.

(a) Initial report.

(b) Updating assessments.

5472. Report on confidence building measures by Poland and

Hungary.

5473. Report on environmental problems in Poland and

Hungary.

5474. Annual SEED Program report.

(a) Findings.

(b) Initial SEED Program report.

5475. Omitted.

5476. Notifications to Congress regarding assistance.

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

5491. Suspension of SEED assistance.

5492. Declaration of the Republic of Hungary.

(a) Findings.

(b) Congressional declarations.

5493. Administrative expenses of Agency for International

Development.

5494. Relation of provisions of this chapter to certain

provisions of appropriations acts.

5495. Certain uses of excess foreign currencies.

(a) Authority to use.

(b) Purposes for which currency may be used.

(d) Where currencies may be used.

(e) Nonapplicability of other provisions of law.

(f) Requirement for appropriations action.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2152a, 2152c, 2152d,

2295b, 2421d, 2460, 6591 of this title.

-End-

-CITE-

22 USC Sec. 5401 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

-HEAD-

Sec. 5401. Support for East European Democracy (SEED) Program

-STATUTE-

(a) SEED Program

The United States shall implement, beginning in fiscal year 1990,

a concerted Program of Support for East European Democracy (which

may also be referred to as the "SEED Program"). The SEED Program

shall be comprised of diverse undertakings designed to provide

cost-effective assistance to those countries of Eastern Europe that

have taken substantive steps toward institutionalizing political

democracy and economic pluralism.

(b) Objectives of SEED assistance

The President should ensure that the assistance provided to East

European countries pursuant to this chapter is designed -

(1) to contribute to the development of democratic institutions

and political pluralism characterized by -

(A) the establishment of fully democratic and representative

political systems based on free and fair elections,

(B) effective recognition of fundamental liberties and

individual freedoms, including freedom of speech, religion, and

association,

operation of a free press and the formation of political

parties,

(D) creation of an independent judiciary, and

(E) establishment of non-partisan military, security, and

police forces;

(2) to promote the development of a free market economic system

characterized by -

(A) privatization of economic entities,

(B) establishment of full rights to acquire and hold private

property, including land and the benefits of contractual

relations,

establishment and operation of businesses,

(D) dismantlement of all wage and price controls,

(E) removal of trade restrictions, including on both imports

and exports,

(F) liberalization of investment and capital, including the

repatriation of profits by foreign investors;

(G) tax policies which provide incentives for economic

activity and investment,

(H) establishment of rights to own and operate private banks

and other financial service firms, as well as unrestricted

access to private sources of credit, and

(I) access to a market for stocks, bonds, and other

instruments through which individuals may invest in the private

sector; and

(3) not to contribute any substantial benefit -

(A) to Communist or other political parties or organizations

which are not committed to respect for the democratic process,

(B) to the defense or security forces of any member country

of the Warsaw Pact.

Assistance and other activities under the SEED Program (which may

be referred to as "SEED Actions") shall include activities such as

the following:

(1) Leadership in the World Bank and International Monetary Fund

United States leadership in supporting -

(A) loans by the International Bank for Reconstruction and

Development and its affiliated institutions in the World Bank

group that are designed to modernize industry, agriculture, and

infrastructure, and

(B) International Monetary Fund programs designed to

stimulate sound economic growth.

(2) Currency stabilization loans

United States leadership in supporting multilateral agreement

to provide government-to-government loans for currency

stabilization where such loans can reduce inflation and thereby

foster conditions necessary for the effective implementation of

economic reforms.

(3) Debt reduction and rescheduling

Participation in multilateral activities aimed at reducing and

rescheduling a country's international debt, when reduction and

deferral of debt payments can assist the process of political and

economic transition.

(4) Agricultural assistance

Assistance through the grant and concessional sale of food and

other agricultural commodities and products when such assistance

can ease critical shortages but not inhibit agricultural

production and marketing in the recipient country.

(5) Enterprise Funds

Grants to support private, nonprofit "Enterprise Funds",

designated by the President pursuant to law and governed by a

Board of Directors, which undertake loans, grants, equity

investments, feasibility studies, technical assistance, training,

and other forms of assistance to private enterprise activities in

the Eastern European country for which the Enterprise Fund so is

designated.

(6) Labor market-oriented technical assistance

Technical assistance programs directed at promoting labor

market reforms and facilitating economic adjustment.

(7) Technical training

Programs to provide technical skills to assist in the

development of a market economy.

(8) Peace Corps

Establishment of Peace Corps programs.

(9) Support for indigenous credit unions

Support for the establishment of indigenous credit unions.

(10) Generalized System of Preferences

Eligibility for trade benefits under the Generalized System of

Preferences.

(11) Normal trade relations

The granting of temporary or permanent nondiscriminatory

treatment to the products of an East European country through the

application of the criteria and procedures established by section

2432 of title 19 (commonly referred to as the "Jackson-Vanik

amendment").

(12) Overseas Private Investment Corporation

Programs of the Overseas Private Investment Corporation.

(13) Export-Import Bank programs

Programs of the Export-Import Bank of the United States.

(14) Trade and Development Program activities

Trade and Development Agency activities under the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.].

(15) Investment treaties

Negotiation of bilateral investment treaties.

(16) Special tax treatment of below-market loans

Exempting bonds from Internal Revenue Code [title 26] rules

relating to below-market loans.

(17) Exchange activities

Expanded exchange activities under the Fulbright, International

Visitors, and other programs conducted by the United States

Information Agency.

(18) Cultural centers

Contributions toward the establishment of reciprocal cultural

centers that can facilitate educational and cultural exchange and

expanded understanding of Western social democracy.

(19) Sister institutions

Establishment of sister institution programs between American

and East European schools and universities, towns and cities, and

other organizations in such fields as medicine and health care,

business management, environmental protection, and agriculture.

(20) Scholarships

Scholarships to enable students to study in the United States.

(21) Science and technology exchanges

Grants for the implementation of bilateral agreements providing

for cooperation in science and technology exchange.

(22) Assistance for democratic institutions

Assistance designed to support the development of legal,

legislative, electoral, journalistic, and other institutions of

free, pluralist societies.

(23) Environmental assistance

Environmental assistance directed at overcoming crucial

deficiencies in air and water quality and other determinants of a

healthful society.

(24) Medical assistance

Medical assistance specifically targeted to overcome severe

deficiencies in pharmaceuticals and other basic health supplies.

(25) Encouragement for private investment and voluntary

assistance

Encouraging private investment and voluntary private

assistance, using a variety of means including a SEED Information

Center System and the provision by the Department of Defense of

transportation for private nonfinancial contributions.

-SOURCE-

(Pub. L. 101-179, Sec. 2, Nov. 28, 1989, 103 Stat. 1299; Pub. L.

102-549, title II, Sec. 202(e), Oct. 28, 1992, 106 Stat. 3658; Pub.

L. 105-206, title V, Sec. 5003(b)(6), July 22, 1998, 112 Stat.

790.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 101-179, Nov. 28, 1989, 103 Stat. 1298,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

The Foreign Assistance Act of 1961, referred to in subsec.

(c)(14), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32 (Sec. 2151

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2151 of this

title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(11). Pub. L. 105-206 in heading substituted

"Normal trade relations" for "Most favored nation trade status" and

in text struck out "(commonly referred to as 'most favored nation

status')" after "nondiscriminatory treatment".

1992 - Subsec. (c)(14). Pub. L. 102-549 substituted "Agency" for

"Program".

SHORT TITLE

Section 1(a) of Pub. L. 101-179 provided that: "This Act

[enacting this chapter and section 2185 of this title, amending

sections 2184 and 2199 of this title, section 1757 of Title 12,

Banks and Banking, and section 2462 of Title 19, Customs Duties,

enacting provisions set out as notes under sections 2185, 2199, and

2421 of this title, section 635 of Title 12, and section 7872 of

Title 26, Internal Revenue Code, and amending provisions set out as

a note under section 7872 of Title 26] may be cited as the 'Support

for East European Democracy (SEED) Act of 1989'."

-TRANS-

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 sections 6531 and

6532 of this title.

-EXEC-

EX. ORD. NO. 12703. SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

PROGRAM

Ex. Ord. No. 12703, Feb. 20, 1990, 55 F.R. 6351, as amended by

Ex. Ord. No. 13118, Sec. 10(2), Mar. 31, 1999, 64 F.R. 16598,

provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Support for

East European Democracy (SEED) Act (P.L. 101-179, hereinafter

referred to as the "Act") [22 U.S.C. 5401 et seq.] and section 301

of Title 3 of the United States Code, it is hereby ordered as

follows:

Section 1. SEED Program Coordinator. The functions conferred by

Title VII of the Act [22 U.S.C. 5471 et seq.] relating to reports

to the Congress are hereby delegated to the Coordinator of the SEED

Program. The Coordinator is authorized to assign responsibility for

particular aspects of the reports to appropriate agencies.

Sec. 2. Department of State. The functions conferred upon the

President by section 201 of the Act [22 U.S.C. 5421] relating to

Enterprise Funds for Poland and Hungary are hereby delegated to the

Secretary of State.

Sec. 3. Department of Commerce. The functions conferred upon the

President by section 602 of the Act [22 U.S.C. 5462] regarding the

establishment of a SEED Information Center System in cooperation

with the Governments of Poland and Hungary are hereby delegated to

the Secretary of Commerce. This authority is to be exercised in

consultation with the SEED Program Coordinator and in consultation

with other agencies as appropriate.

Sec. 4. Department of the Treasury. The functions conferred 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 Secretary of the Treasury. The Secretary shall

consult, as appropriate, with other relevant agencies in exercising

the functions herein delegated.

George Bush.

-End-

-CITE-

22 USC Sec. 5402 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

-HEAD-

Sec. 5402. Scope of authority

-STATUTE-

(a) General authorization

The President is authorized to conduct activities for any East

European country that are similar to any activity authorized by

this chapter to be conducted in Poland or Hungary (excluding those

authorized by section 5412 of this title or the amendments made by

sections 301 and 304) if such similar activities would effectively

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 President may exercise the same authorities

with respect to those countries as are available under section

2346c of this title, subject to the limitations and requirements of

that section, other than subsection (c) and the last two sentences

of subsection (e).

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.

-SOURCE-

(Pub. L. 101-179, Sec. 3, as added Pub. L. 102-511, title IX, Sec.

903(a), Oct. 24, 1992, 106 Stat. 3355.)

-REFTEXT-

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 principally 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 635.

-End-

-CITE-

22 USC SUBCHAPTER I - STRUCTURAL ADJUSTMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

-HEAD-

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5471 of this title.

-End-

-CITE-

22 USC Sec. 5411 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

-HEAD-

Sec. 5411. Multilateral support for structural adjustment in Poland

and Hungary

-STATUTE-

(a) Multilateral assistance for Poland and Hungary

(1) In general

To the extent that Poland and Hungary continue to evolve toward

pluralism and democracy and to develop and implement

comprehensive economic reform programs, the United States

Government shall take the leadership in mobilizing international

financial institutions, 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 resources to help Poland

and Hungary.

(2) World Bank structural adjustment loan for Poland

In furtherance of paragraph (1), the Secretary 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 economic reforms scheduled

for early 1990, including the termination of energy, export, and

agricultural subsidies and wage indexation.

(b) Stabilization assistance, debt relief, and agricultural

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 conjunction with other member

governments of the Organization of Economic Cooperation and

Development (OECD) and international financial institutions

(including the International Monetary Fund), shall support the

implementation of a plan of the Government of Poland to attack

hyperinflation and other structural economic problems, address

pressing social problems, carry out comprehensive economic

reform, and relieve immediate and urgent balance of payments

requirements in Poland, through the use of mechanisms such as -

(A) the Exchange Stabilization Fund pursuant to section 5302

of title 31 and in accordance 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

participate 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 consultations between the Government of Poland

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 international debt

policy announced by the Secretary of the Treasury on March 10,

1989.

(3) Agricultural assistance

The United States Government shall provide agricultural

assistance for Poland in accordance with section 5413 of this

title.

-SOURCE-

(Pub. L. 101-179, title I, Sec. 101, Nov. 28, 1989, 103 Stat.

1302.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5412, 5413 of this title.

-End-

-CITE-

22 USC Sec. 5412 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

-HEAD-

Sec. 5412. Stabilization assistance for Poland

-STATUTE-

(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 -

(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.

(b) Immediate, multilateral response to Poland's economic

stabilization needs

In furtherance of section 5411(b)(1) of this title, 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.

(1) Authority

In order to carry out paragraph (1) of section 5411(b) of this

title, the President is authorized to furnish assistance for

Poland, notwithstanding any other provision of law, to assist in

the urgent stabilization of the Polish economy and ultimately to

promote longer-term economic growth and stability, based on

movement toward free market principles. Such assistance may be

provided for balance of payments support (including commodity

import programs), support for private sector development, or for

other activities to further efforts to develop a free

market-oriented economy in Poland.

(2) Authorization of appropriations

For purposes of providing the assistance authorized by this

subsection, there are authorized to be appropriated $200,000,000

for fiscal year 1990 to carry out chapter 4 of part II of the

Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following;

relating to the economic support fund), in addition to amounts

otherwise available for such purposes.

-SOURCE-

(Pub. L. 101-179, title I, Sec. 102, Nov. 28, 1989, 103 Stat.

1303.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(c)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.

Chapter 4 of part II of the Foreign Assistance Act of 1961 is

classified to part IV (Sec. 2346 et seq.) of subchapter II of

chapter 32 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 2151 of

this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5402, 5411, 5471 of this

title.

-End-

-CITE-

22 USC Sec. 5413 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

-HEAD-

Sec. 5413. Agricultural assistance

-STATUTE-

(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, 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 market economy, while avoiding disincentives to

domestic agricultural production and reform; and

(2) in order to ensure the necessary quantity and diversity of

such agricultural assistance, shall take all appropriate steps to

encourage parallel efforts by the European Community and other

agricultural surplus countries.

In carrying out subsection (b) of this section, the level of

assistance for Poland for fiscal year 1990 under section 1431(b) of

title 7, the Agricultural Trade Development and Assistance Act of

1954 (7 U.S.C. 1691 and following), and section 1736o of title 7

should not be less than $125,000,000. Such assistance -

(1) to the maximum extent practicable, shall be provided

through nongovernmental organizations; and

(2) shall emphasize feed grains.

(d) Consistency with budget requirements

Subsection (c) of this section should not be construed to

authorize or require any budgetary obligations or outlays that are

inconsistent with House Concurrent Resolution 106 of the 101st

Congress (setting forth the congressional budget for the United

States Government for fiscal year 1990).

-SOURCE-

(Pub. L. 101-179, title I, Sec. 103, Nov. 28, 1989, 103 Stat.

1303.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (c), is act July 10, 1954, ch. 469, 68 Stat.

454, as amended, which is classified generally to chapter 41 (Sec.

1691 et seq.) of Title 7, Agriculture. 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 Congress, referred

to in subsec. (d), is H. Con. Res. 106, May 18, 1989, 103 Stat.

2450, which is not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5411, 5425 of this title.

-End-

-CITE-

22 USC Sec. 5414 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER I - STRUCTURAL ADJUSTMENT

-HEAD-

Sec. 5414. Debt-for-equity swaps and other special techniques

-STATUTE-

(a) Reduction of debt burden

The President shall take all appropriate actions to explore and

encourage innovative approaches to the reduction of the

government-to-government and commercial debt burden of East

European countries which have taken substantive steps toward

political democracy and economic pluralism.

(b) Authority for discounted sales of debt

Notwithstanding any other provision of law, the President may

undertake the discounted sale, to private purchasers, of United

States Government debt obligations of an East European country

which has taken substantive steps toward political democracy and

economic pluralism, subject to subsection (c) of this section.

An obligation may be sold under subsection (b) of this section

only if the sale will facilitate so-called debt-for-equity or

debt-for-development swaps wherein such newly privatized debt is

exchanged by the new holder of the obligation for -

(1) local currencies, policy commitments, or other assets

needed for development or other economic activities, or

(2) for an equity interest in an enterprise theretofore owned

by the particular East European government.

-SOURCE-

(Pub. L. 101-179, title I, Sec. 104, Nov. 28, 1989, 103 Stat.

1304.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of the Treasury by section 4 of Ex. Ord. No. 12703, Feb. 20, 1990,

55 F.R. 6351, set out as a note under section 5401 of this title.

-End-

-CITE-

22 USC SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-End-

-CITE-

22 USC Sec. 5421 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

Sec. 5421. Enterprise Funds for Poland and Hungary

-STATUTE-

(a) Purposes

The purposes of this section are to promote -

(1) development of the Polish and Hungarian private sectors,

including small businesses, the agricultural sector, and joint

ventures with United States and host country participants, and

(2) policies and practices conducive to private sector

development in Poland and Hungary,

through loans, grants, equity investments, feasibility studies,

technical assistance, training, insurance, guarantees, and other

measures.

(b) Authorization of appropriations

To carry out the purposes specified in subsection (a) of this

section, there are authorized to be appropriated to the President -

(1) $240,000,000 to support the Polish-American Enterprise

Fund; and

(2) $60,000,000 to support the Hungarian-American Enterprise

Fund.

Such amounts are authorized to be made available until expended.

The funds appropriated under subsection (b) of this section may

be made available to the Polish-American Enterprise Fund and the

Hungarian-American Enterprise Fund and used for the purposes of

this section notwithstanding any other provision of law.

(d) Designation of Enterprise Funds

(1) Designation

The President is authorized to designate two private, nonprofit

organizations as eligible to receive funds and support pursuant

to this section upon determining that such organizations have

been established for the purposes specified in subsection (a) of

this section. For purposes of this chapter, the organizations so

designated shall be referred to as the Polish-American Enterprise

Fund and the Hungarian-American Enterprise Fund (hereinafter in

this section referred to as the "Enterprise Funds").

(2) Consultation with Congress

The President shall consult with the leadership of each House

of Congress before designating an organization pursuant to

paragraph (1).

(3) Board of Directors

(A) Each Enterprise Fund shall be governed by a Board of

Directors comprised of private citizens of the United States, and

citizens of the respective host country, who have demonstrated

experience and expertise in those areas of private sector

development in which the Enterprise Fund is involved.

(B) A majority of the members of the Board of Directors of each

Enterprise Fund shall be United States citizens.: (!1) Provided,

That, as to Enterprise Funds established with respect to more

than one host country, such Enterprise Fund may, in lieu of the

appointment of citizens of the host countries to its Board of

Directors, establish an advisory council for the host region

comprised of citizens of each of the host countries or establish

separate advisory councils for each of the host countries

(hereinafter in this section referred to as the "Advisory

Councils"), with which the Enterprise Fund's policies and

proposed activities and such host country citizens shall satisfy

the experience and expertise requirements of this clause.

democracy and a free market economy may not serve as a member of

the Board of Directors of an Enterprise Fund.

(4) Eligibility of Enterprise Funds for grants

Grants may be made to an Enterprise Fund under this section

only if the Enterprise Fund agrees to comply with the

requirements specified in this section.

(5) Private character of Enterprise Funds

Nothing in this section shall be construed to make an

Enterprise Fund an agency or establishment of the United States

Government, or to make the officers, employees, or members of the

Board of Directors of an Enterprise Fund officers or employees of

the United States for purposes of title 5.

(e) Grants to Enterprise Funds

Funds appropriated to the President pursuant to subsection (b) of

this section shall be granted to the Enterprise Funds by the Agency

for International Development to enable the Enterprise Funds to

carry out the purposes specified in subsection (a) of this section

and for the administrative expenses of each Enterprise Fund.

(f) Eligible programs and projects

(1) In general

The Enterprise Funds may provide assistance pursuant to this

section only for programs and projects which are consistent with

the purposes set forth in subsection (a) of this section.

(2) Employee stock ownership plans

Funds available to the Enterprise Funds may be used to

encourage the establishment of Employee Stock Ownership Plans

(ESOPs) in Poland and Hungary.

(3) Indigenous credit unions

Funds available to the Enterprise Funds may be used for

technical and other assistance to support the development of

indigenous credit unions in Poland and Hungary. As used in this

paragraph, the term "credit union" means a member-owned,

nonprofit, cooperative depository institution -

(A) which is formed to permit individuals in the field of

membership specified in such institution's charter to pool

their savings, lend the savings to one another, and own the

organization where they save, borrow, and obtain related

financial services; and

(B) whose members are united by a common bond and

democratically operate the institution.

(4) Telecommunications modernization in Poland

The Polish-American Enterprise Fund may use up to $25,000,000

for grants for projects providing for the early introduction in

Poland of modern telephone systems and telecommunications

technology, which are crucial in establishing the conditions for

successful transition to political democracy and economic

pluralism.

(5) Economic foundation of NSZZ Solidarnosc

Funds available to the Polish-American Enterprise Fund may be

used to support the Economic Foundation of NSZZ Solidarnosc.

(g) Matters to be considered by Enterprise Funds

In carrying out this section, each Enterprise Fund shall take

into account such considerations as internationally recognized

worker rights and other internationally recognized human rights,

environmental factors, United States economic and employment

effects, and the likelihood of commercial viability of the activity

receiving assistance from the Enterprise Fund.

(h) Retention of interest

An Enterprise Fund may hold funds granted to it pursuant to this

section in interest-bearing accounts, prior to the disbursement of

such funds for purposes specified in subsection (a) of this

section, and may retain for such program purposes any interest

earned on such deposits without returning such interest to the

Treasury of the United States and without further appropriation by

the Congress.

(i) Use of United States private venture capital

In order to maximize the effectiveness of the activities of the

Enterprise Funds, each Enterprise Fund may conduct public offerings

or private placements for the purpose of soliciting and accepting

United States venture capital which may be used, separately or

together with funds made available pursuant to this section, for

any lawful investment purpose that the Board of Directors of the

Enterprise Fund may determine in carrying out this section.

Financial returns on Enterprise Fund investments that include a

component of private venture capital may be distributed, at such

times and in such amounts as the Board of Directors of the

Enterprise Fund may determine, to the investors of such capital.

(j) Financial instruments for individual investment in Poland

In order to maximize the effectiveness of the activities of the

Polish-American Enterprise Fund, that Enterprise Fund should

undertake all possible efforts to establish financial instruments

that will enable individuals to invest in the private sectors of

Poland and that will thereby have the effect of multiplying the

impact of United States grants to that Enterprise Fund.

(k) Nonapplicability of other laws

Executive branch agencies may conduct programs and activities and

provide services in support of the activities of the Enterprise

Funds notwithstanding any other provision of law.

(g742l) Limitation on payments to Enterprise Fund personnel

(1) No part of the funds of an Enterprise Fund shall inure to the

benefit of any board member, officer, or employee of such

Enterprise Fund, except as salary or reasonable compensation for

services subject to paragraph (2).

(2) An Enterprise Fund shall not pay compensation for services to

(A) any board member of the Enterprise Fund, except for

services as a board member; or

(B) any firm, association, or entity in which a board member of

the Enterprise Fund serves as partner, director, officer, or

employee.

(3) Nothing in paragraph (2) shall preclude payment for services

performed before the date of enactment of this subsection nor for

arrangements approved by the grantor and notified in writing to the

Committees on Appropriations.

(m) Independent private audits

The accounts of each Enterprise Fund 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

report of each such independent audit shall be included in the

annual report required by this section.

(n) GAO audits

The financial transactions undertaken pursuant to this section by

each Enterprise Fund 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, so long as the Enterprise Fund is in

receipt of United States Government grants.

(g742o) Recordkeeping requirements

The Enterprise Funds shall ensure -

(1) that each recipient of assistance provided through the

Enterprise Funds under this section keeps -

(A) separate accounts with respect to such assistance;

(B) such records as may be reasonably necessary to disclose

fully 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

and

(2) that the Enterprise Funds, or any of their duly authorized

representatives, 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

Enterprise Funds under this section.

(p) Annual reports

Each Enterprise Fund shall publish an annual report, which shall

include a comprehensive and detailed description of the Enterprise

Fund's operations, activities, financial condition, and

accomplishments under this section for the preceding fiscal year.

This report shall be published not later than January 31 each year,

beginning in 1991.

-SOURCE-

(Pub. L. 101-179, title II, Sec. 201, Nov. 28, 1989, 103 Stat.

1305; Pub. L. 104-107, title II, [(v)], Feb. 12, 1996, 110 Stat.

714; Pub. L. 105-118, title V, Sec. 588, Nov. 26, 1997, 111 Stat.

2438.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(1), was in the original

"this Act", meaning Pub. L. 101-179, Nov. 28, 1989, 103 Stat. 1298,

which is classified principally 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.

The date of enactment of this subsection, referred to in subsec.

(l)(3), probably means the date of enactment of Pub. L. 105-118

which amended subsec. (l) generally and was approved Nov. 26, 1997.

-MISC1-

AMENDMENTS

1997 - Subsec. (l). Pub. L. 105-118, which directed the general

amendment of section 201(l) of the Support for East European

Democracy Act, was executed by amending heading and text of section

201(l) of the Support for East European Democracy (SEED) Act of

1989, subsec. (l) of this section, generally, to reflect the

probable intent of Congress. Prior to amendment, text read as

follows: "No part of the funds of either Enterprise Fund shall

inure to the benefit of any board member, officer, or employee of

such Enterprise Fund, except as salary or reasonable compensation

for services."

1996 - Subsec. (d)(3)(B). Pub. L. 104-107 inserted at end ":

Provided, That, as to Enterprise Funds established with respect to

more than one host country, such Enterprise Fund may, in lieu of

the appointment of citizens of the host countries to its Board of

Directors, establish an advisory council for the host region

comprised of citizens of each of the host countries or establish

separate advisory councils for each of the host countries

(hereinafter in this section referred to as the 'Advisory

Councils'), with which the Enterprise Fund's policies and proposed

activities and such host country citizens shall satisfy the

experience and expertise requirements of this clause."

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section relating to Enterprise

Funds for Poland and Hungary delegated to Secretary of State by

section 2 of Ex. Ord. No. 12703, Feb. 20, 1990, 55 F.R. 6351, as

amended, set out as a note under section 5401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2295b, 5425, 5953, 7513

of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC Sec. 5422 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

Sec. 5422. Labor market transition in Poland and Hungary

-STATUTE-

(a) Technical assistance

The Secretary of Labor (hereinafter in this section referred to

as the "Secretary"), in consultation with representatives of labor

and business in the United States, shall -

(1) provide technical assistance to Poland and Hungary for the

implementation of labor market reforms; and

(2) provide technical assistance to Poland and Hungary to

facilitate adjustment during the period of economic transition

and reform.

(b) Types of technical assistance authorized

In carrying out subsection (a) of this section, the Secretary is

authorized to provide technical assistance regarding policies and

programs for training and retraining, job search and employment

services, unemployment insurance, occupational safety and health

protection, labor-management relations, labor statistics, analysis

of productivity constraints, entrepreneurial support for small

businesses, market-driven systems of wage and income

determinations, job creation, employment security, the observance

of internationally recognized worker rights (including freedom of

association and the right to organize and bargain collectively),

and other matters that the Secretary may deem appropriate regarding

free labor markets and labor organizations.

In carrying out subsection (a) of this section, the Secretary is

authorized to do the following:

(1) Solicit and accept in the name of the Department of Labor,

and employ or dispose of in furtherance of the purposes of this

section, any money or property, real, personal, or mixed,

tangible or intangible, received by gift, devise, bequest, or

otherwise. Gifts and donations of property which are no longer

required for the discharge of the purposes of this section shall

be reported to the Administrator of General Services for

transfer, donation, or other disposal in accordance with the

Federal Property and Administrative Services Act of 1949.(!1)

(2) Solicit and accept voluntary and uncompensated services

notwithstanding section 1342 of title 31. A volunteer under this

paragraph shall not be deemed to be an employee of the United

States except for the purposes of -

(A) the tort claims provisions of title 28, and

(B) subchapter I of chapter 81 of title 5, relating to

compensation for work injuries.

(3) Enter into arrangements or agreements with appropriate

departments, agencies, and establishments of Poland and Hungary.

(4) Enter into arrangements or agreements with appropriate

private and public sector United States parties, and

international organizations.

(d) Consultation with appropriate officers

In carrying out the responsibilities established by this section,

the Secretary shall seek information and advice from, and consult

with, appropriate officers of the United States.

(e) Consultation with labor and business representatives

For purposes of this section, consultation between the Secretary

and United States labor and business representatives shall not be

subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(f) Delegation of responsibilities

The Secretary shall delegate the authority to carry out the

programs authorized by this section to the head of the Bureau of

International Labor Affairs of the Department of Labor.

(g) Authorization of appropriations

There are authorized to be appropriated to the Department of

Labor for the 3-year period beginning October 1, 1989, to carry out

this section -

(1) $4,000,000 for technical assistance to Poland; and

(2) $1,000,000 for technical assistance to Hungary.

-SOURCE-

(Pub. L. 101-179, title II, Sec. 202, Nov. 28, 1989, 103 Stat.

1308.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

The tort claims provisions of title 28, referred to in subsec.

(c)(2)(A), are classified to section 1346(b) and chapter 171 (Sec.

2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 5423 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

Sec. 5423. Technical training for private sector development in

Poland and Hungary

-STATUTE-

(a) Technical training program

The Agency for International Development shall develop and

implement a program for extending basic agribusiness, commercial,

entrepreneurial, financial, scientific, and technical skills to the

people of Poland and Hungary to enable them to better meet their

needs and develop a market economy. This program shall include

management training and agricultural extension activities.

(b) Participation by Enterprise Funds and other agencies and

organizations

In carrying out subsection (a) of this section, the Agency for

International Development may utilize the Polish-American

Enterprise Fund and the Hungarian-American Enterprise Fund and

other appropriate Government and private agencies, programs, and

organizations such as -

(1) the Department of Agriculture;

(2) the Farmer-to-Farmer Program under section 1736(a)(1) and

(2) of title 7;

(3) the International Executive Service Corps;

(4) the Foundation for the Development of Polish Agriculture;

(5) the World Council of Credit Unions; and

(6) other United States, Polish, and Hungarian private and

voluntary organizations and private sector entities.

Assistance provided pursuant to subsection (a) of this section

under the authorities of part I of the Foreign Assistance Act of

1961 [22 U.S.C. 2151 et seq.] may be provided notwithstanding any

other provision of law.

(d) Authorization of appropriations

For purposes of implementing this section, there are authorized

to be appropriated $10,000,000 for the 3-year period beginning

October 1, 1989, to carry out chapter 1 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to

development assistance), in addition to amounts otherwise available

for such purposes.

(e) Limitation with respect to Farmer-to-Farmer Program

Any activities carried out pursuant to this chapter through the

Farmer-to-Farmer Program under section 1736(a)(1) and (2) of title

7 shall be funded with funds authorized to be appropriated by this

chapter and local currencies made available under section 5425 of

this title, and shall not be funded with funds made available

pursuant to section 1107 of the Food Security Act of 1985 (7 U.S.C.

1736 note) or a similar, subsequent provision of law.

-SOURCE-

(Pub. L. 101-179, title II, Sec. 203, Nov. 28, 1989, 103 Stat.

1309.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsecs. (c)

and (d), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Part I of the Foreign Assistance Act of 1961 is classified

generally to subchapter I (Sec. 2151 et seq.) of chapter 32 of this

title. Chapter 1 of part I of the Foreign Assistance Act of 1961 is

classified generally to part I (Sec. 2151 et seq.) of subchapter I

of chapter 32 of this title. For provisions deeming references to

subchapter I to include parts IV (Sec. 2346 et seq.), VI (Sec. 2348

et seq.), and VIII (Sec. 2349aa et seq.) of subchapter II of

chapter 32, see section 202(b) of Pub. L. 92-228, set out as a note

under section 2346 of this title, and sections 2348c and 2349aa-5

of this title. For provisions deeming references to part I of

subchapter I to include a reference to section 2293 of this title,

see section 2293(d)(1) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2151 of this title and Tables.

Section 1107 of the Food Security Act of 1985, referred to in

subsec. (e), is section 1107 of Pub. L. 99-198, which is set out as

a note under section 1736 of Title 7, Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5424, 5425 of this title.

-End-

-CITE-

22 USC Sec. 5424 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

Sec. 5424. Peace Corps programs in Poland and Hungary

-STATUTE-

There are authorized to be appropriated to carry out programs in

Poland and Hungary under the Peace Corps Act [22 U.S.C. 2501 et

seq.], $6,000,000 for the 3-year period beginning October 1, 1989,

in addition to amounts otherwise available for such purposes. Such

programs shall include the use of Peace Corps volunteers -

(1) to provide English language training, and

(2) to extend the technical skills described in section 5423(a)

of this title to the people of Poland and Hungary, using the

Associate Volunteer Program to the extent practicable.

-SOURCE-

(Pub. L. 101-179, title II, Sec. 204, Nov. 28, 1989, 103 Stat.

1310.)

-REFTEXT-

REFERENCES IN TEXT

The Peace Corps Act, referred to in text, is Pub. L. 87-293,

Sept. 22, 1961, 75 Stat. 612, as amended, which is classified

principally to chapter 34 (Sec. 2501 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2501 of this title and Tables.

-End-

-CITE-

22 USC Sec. 5425 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

Sec. 5425. Use of Polish currency generated by agricultural

assistance

-STATUTE-

(a) Additional assistance for Poland

A portion of the agricultural commodities described in subsection

Poland to generate local currencies to be used -

(1) to complement the assistance for Poland authorized by

sections 5413(b), 5421, and 5423 of this title, and

(2) to support the activities of the joint commission

established pursuant to section 2226 of the American Aid to

Poland Act of 1988 (7 U.S.C. 1431 note),

notwithstanding section 1431(b)(7) of title 7 or any other

provision of law.

(b) Emphasis on agricultural development

The uses of local currencies generated under this section should

emphasize the development of agricultural infrastructure,

agriculture-related training, and other aspects of agricultural

development in Poland.

Subsection (a) of this section applies with respect to

agricultural commodities made available for Poland for fiscal years

1990, 1991, and 1992 under section 1431(b) of title 7, the

Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.

1691 and following), and section 1736o of title 7.

(d) Other uses not precluded

The uses of agricultural commodities and local currencies

specified in subsection (a) of this section are in addition to

other uses authorized by law.

-SOURCE-

(Pub. L. 101-179, title II, Sec. 205, Nov. 28, 1989, 103 Stat.

1310.)

-REFTEXT-

REFERENCES IN TEXT

Section 2226 of the American Aid to Poland Act of 1988, referred

to in subsec. (a)(2), is section 2226 of Pub. L. 100-418, which is

set out as a note under section 1431 of Title 7, Agriculture.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (c), is act July 10, 1954, ch. 469, 68 Stat.

454, as amended, which is classified generally to chapter 41 (Sec.

1691 et seq.) of Title 7. For complete classification of this Act

to the Code, see Short Title note set out under section 1691 of

Title 7 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5423 of this title.

-End-

-CITE-

22 USC Sec. 5426 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER II - PRIVATE SECTOR DEVELOPMENT

-HEAD-

Sec. 5426. United States policy of private financial support for

Polish and Hungarian credit unions

-STATUTE-

(a) In general

In order to facilitate the development of indigenous credit

unions in Poland and Hungary, it is the policy of the United States

that -

(1) United States citizens, financial institutions (other than

federally insured depository institutions), and other persons may

make contributions and loans to, make capital deposits in, and

provide other forms of financial and technical assistance to

credit unions in Poland and Hungary; and

(2) federally insured depository institutions may provide

technical assistance to credit unions in Poland and Hungary, to

the extent that the provision of such assistance is prudent and

not inconsistent with safe and sound banking practice.

(b) Omitted

For purposes of subsection (a) of this section -

(1) the term "credit union" means a member-owned, nonprofit,

cooperative depository institution -

(A) which is formed to permit individuals in the field of

membership specified in such institution's charter to pool

their savings, lend the savings to one another, and own the

organization where they save, borrow, and obtain related

financial services; and

(B) whose members are united by a common bond and

democratically operate the institution; and

(2) the term "federally insured depository institution" means -

(A) any insured depository institution (as defined in section

1813(c)(2) of title 12); and

(B) any insured credit union (as defined in section 1752(7)

of title 12).

-SOURCE-

(Pub. L. 101-179, title II, Sec. 206, Nov. 28, 1989, 103 Stat.

1310.)

-COD-

CODIFICATION

Section is comprised of section 206 of Pub. L. 101-179. Subsec.

(b) of section 206 of Pub. L. 101-179 amended section 1757 of Title

12, Banks and Banking.

-End-

-CITE-

22 USC SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND

SCIENTIFIC ACTIVITIES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

-HEAD-

SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

-End-

-CITE-

22 USC Sec. 5441 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

-HEAD-

Sec. 5441. Educational and cultural exchanges and sister

institutions programs with Poland and Hungary

-STATUTE-

(a) Educational and cultural exchanges

(1) Support for expanded U.S. participation

The United States should expand its participation in

educational and cultural exchange activities with Poland and

Hungary, using the full array of existing government-funded and

privately-funded programs, with particular emphasis on the J.

William Fulbright Educational Exchange Program, the International

Visitors Program, the Samantha Smith Memorial Exchange Program,

the exchange programs of the National Academy of Sciences, youth

and student exchanges through such private organizations as The

Experiment in International Living, The American Field Service

Committee, and Youth for Understanding, and research exchanges

sponsored by the International Research and Exchanges Board

(IREX).

(2) Emphasis on skills in business and economics

The United States should place particular emphasis on expanding

its participation in educational exchange activities that will

assist in developing the skills in business and economics that

are necessary for the development of a free market economy in

Poland and Hungary.

(b) Binational Fulbright commissions

The United States should take all appropriate action to establish

binational Fulbright commissions with Poland and Hungary in order

to facilitate and enhance academic and scholarly exchanges with

those countries.

The President should consider the establishment of reciprocal

cultural centers in Poland and the United States and in Hungary and

the United States to facilitate government-funded and

privately-funded cultural exchanges.

(d) Sister institutions programs

The President shall act to encourage the establishment of "sister

institution" programs between American and Polish organizations and

between American and Hungarian organizations, including such

organizations as institutions of higher education, cities and

towns, and organizations in such fields as medicine and health

care, business management, environmental protection, and

agricultural research and marketing.

(e) Authorization of appropriations

To enable the United States Information Agency to support the

activities described in this section, there are authorized to be

appropriated $12,000,000 for the 3-year period beginning October 1,

1989, in addition to amounts otherwise available for such purposes.

-SOURCE-

(Pub. L. 101-179, title IV, Sec. 401, Nov. 28, 1989, 103 Stat.

1314.)

-TRANS-

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 sections 6531 and

6532 of this title.

-End-

-CITE-

22 USC Sec. 5442 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

-HEAD-

Sec. 5442. Poland-Hungary scholarship partnership

-STATUTE-

(a) Establishment of scholarship program

The Administrator of the Agency for International Development is

authorized to establish and administer a program of scholarship

assistance, in cooperation with State governments, universities,

community colleges, and businesses, to provide scholarships to

enable students from Poland and Hungary to study in the United

States.

(b) Emphasis on business and economics

The scholarship program provided for in this section shall

emphasize scholarships to enable students from Poland and Hungary

to study business and economics in the United States. Such

scholarships may be provided for study in programs that range from

the standard management courses to more specialized assistance in

commercial banking and the creation of a stock market.

In carrying out this section, the Administrator may make grants

to States to provide scholarship assistance for undergraduate or

graduate degree programs, and training programs of one year or

longer, in study areas related to the critical development needs of

Poland and Hungary.

(d) Consultation with States

The Administrator shall consult with the participating States

with regard to the educational opportunities available within each

State and on the assignment of scholarship recipients.

(e) Federal share

The Federal share for each year for which a State receives

payments under this section shall not be more than 50 percent.

(f) Non-Federal share

The non-Federal share of payments under this section may be in

cash, including the waiver of tuition or the offering of in-State

tuition or housing waivers or subsidies, or in-kind fairly

evaluated, including the provision of books or supplies.

(g) Forgiveness of scholarship assistance

The obligation of any recipient to reimburse any entity for any

or all scholarship assistance provided under this section shall be

forgiven upon the recipient's prompt return to Poland or Hungary,

as the case may be, for a period which is at least one year longer

than the period spent studying in the United States with

scholarship assistance.

(h) Private sector participation

To the maximum extent practicable, each participating State shall

enlist the assistance of the private sector to enable the State to

meet the non-Federal share of payments under this section. Wherever

appropriate, each participating State shall encourage the private

sector to offer internships or other opportunities consistent with

the purposes of this section to students receiving scholarships

under this section.

(i) Funding

Grants to States pursuant to this section shall be made with

funds made available to carry out chapter 1 of part I of the

Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following;

relating to development assistance) or chapter 4 of part II of that

Act (22 U.S.C. 2346 and following; relating to the economic support

fund). In addition to amounts otherwise available for such purpose

under those chapters, there are authorized to be appropriated

$10,000,000 for the 3-year period beginning October 1, 1989, for

use in carrying out this section.

(j) Restrictions not applicable

Prohibitions on the use of foreign assistance funds for

assistance for Poland and Hungary shall not apply with respect to

the funds made available to carry out this section.

(k) "State" defined

As used in this section, the term "State" means each of the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust

Territory of the Pacific Islands, and the Commonwealth of the

Northern Mariana Islands.

-SOURCE-

(Pub. L. 101-179, title IV, Sec. 402, Nov. 28, 1989, 103 Stat.

1315.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (i),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

1 of part I and chapter 4 of part II of the Foreign Assistance Act

of 1961 are classified generally to part I (Sec. 2151 et seq.) of

subchapter I and part IV (Sec. 2346 et seq.) of subchapter II,

respectively, of chapter 32 of this title. For provisions deeming

references to part I of subchapter I to include a reference to

section 2293 of this title, see section 2293(d)(1) of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 2151 of this title and Tables.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

22 USC Sec. 5443 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER III - EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

-HEAD-

Sec. 5443. Science and technology exchange with Poland and Hungary

-STATUTE-

(a) Agreement with Poland

There are authorized to be appropriated to the Secretary of State

for purposes of continuing to implement the 1987 United

States-Polish science and technology agreement -

(1) $1,500,000 for fiscal year 1990,

(2) $2,000,000 for fiscal year 1991, and

(3) $2,000,000 for fiscal year 1992.

(b) Agreement with Hungary

There are authorized to be appropriated to the Secretary of State

for purposes of implementing the 1989 United States-Hungarian

science and technology agreement -

(1) $500,000 for fiscal year 1990,

(2) $1,000,000 for fiscal year 1991, and

(3) $1,000,000 for fiscal year 1992.

For purposes of this section -

(1) the term "1987 United States-Polish science and technology

agreement" refers to the agreement concluded in 1987 by the

United States and Poland, entitled "Agreement Between the

Government of the United States of America and the Polish

People's Republic on Cooperation in Science and Technology and

Its Funding", together with annexes relating thereto; and

(2) the term "1989 United States-Hungarian science and

technology agreement" refers to the agreement concluded in 1989

by the United States and Hungary, entitled "Agreement Between the

Government of the United States of America and the Government of

the Hungarian People's Republic for Scientific and Technology

Cooperation", together with annexes relating thereto.

-SOURCE-

(Pub. L. 101-179, title IV, Sec. 403, Nov. 28, 1989, 103 Stat.

1316.)

-End-

-CITE-

22 USC SUBCHAPTER IV - OTHER ASSISTANCE PROGRAMS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER IV - OTHER ASSISTANCE PROGRAMS

-HEAD-

SUBCHAPTER IV - OTHER ASSISTANCE PROGRAMS

-End-

-CITE-

22 USC Sec. 5451 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER IV - OTHER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5451. Assistance in support of democratic institutions in

Poland and Hungary

-STATUTE-

(a) Authorization of assistance

In addition to amounts otherwise available for such purposes,

there are authorized to be appropriated to carry out chapter 4 of

part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 and

following; relating to the economic support fund) $12,000,000 for

the 3-year period beginning October 1, 1989, which shall be

available only for the support of democratic institutions and

activities in Poland and Hungary.

(b) Nonapplicability of other laws

Assistance may be provided under this section notwithstanding any

other provision of law.

-SOURCE-

(Pub. L. 101-179, title V, Sec. 501, Nov. 28, 1989, 103 Stat.

1317.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

4 of part II of the Foreign Assistance Act of 1961 is classified to

part IV (Sec. 2346 et seq.) of subchapter II of chapter 32 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2151 of this title and

Tables.

-End-

-CITE-

22 USC Sec. 5452 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 63 - SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED)

SUBCHAPTER IV - OTHER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5452. Environmental initiatives for Poland and Hungary

-STATUTE-

(a) Priority for control of pollution

The Congress recognizes the severe pollution problems affecting

Poland and Hungary and the serious health problems which ensue from

such pollution. The Congress therefore directs that a high priority

be given in the implementation of assistance to Poland and Hungary

to the control of pollution and the restoration of the natural

resource base on which a sustainable, healthy economy depends.

(b) EPA activities generally

In addition to specific authorities contained in any of the

environmental statutes administered by the Environmental Protection

Agency, the Administrator of that Agency (hereinafter in this

section referred to as the "Administrator") is authorized to

undertake such educational, policy training, research, and

technical and financial assistance, monitoring, coordinating, and

other activities as the Administrator may deem appropriate, either

alone or in cooperation with other United States or foreign

agencies, governments, or public or private institutions, in

protecting the environment in Poland and Hungary.

The Administrator shall cooperate with Polish officials and

experts to -

(1) establish an air quality monitoring network in the Krakow

metropolitan area as a part of Poland's national air monitoring

network; and

(2) improve both water quality and the availability of drinking

water in the Krakow metropolitan area.

(d) EPA activities in Hungary

The Administrator shall work with other United States and

Hungarian officials and private parties to establish and support a

regional center in Budapest for facilitating cooperative

environmental activities between governmental experts and public

and private organizations from the United States and Eastern and

Western Europe.

(e) Funding of EPA activities

To enable the Environmental Protection Agency to carry out

subsections (b), (c), and (d) of this section, there are authorized

to be appropriated $10,000,000 for the 3-year period beginning

October 1, 1989, to carry out chapter 1 of part I of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to

development assistance) or chapter 4 of Part (!1) II of that Act

(22 U.S.C. 2346 and following; relating to the economic support

fund). These funds may be used to carry out those subsections

notwithstanding any provision of law relating to the use of foreign

assistance funds.

(f) Department of Energy activities relating to fossil fuels

(1) Clean coal

The Secretary of Energy shall cooperate with Polish officials

and experts to retrofit a coal-fired commercial powerplant in the

Krakow, Poland, region with advanced clean coal technology that

has been successfully demonstrated at a comparably scaled

powerplant in the United States. Such retrofit shall be carried

out by one or more United States companies using United States

technology and equipment manufactured in the United States. The

Secretary may vest title in any property acquired under this

paragraph in an entity other than the United States.

(2) Equipment assessment

The Secretary of Energy shall cooperate with Polish officials

and experts and companies within the United States to assess and

develop the capability within Poland to manufacture or modify

boilers, furnaces, smelters, or other equipment that will enable

industrial facilities within Poland to use fossil fuels cleanly.

The Secretary may vest title in any property acquired under this

paragraph in an entity other than the United States.

(3) Authorization of appropriations

To carry out paragraphs (1) and (2) of this subsection, there

are authorized to be appropriated $30,000,000 for the 3-year

period beginning October 1, 1989. Not more than $10,000,000 of

the funds appropriated under this paragraph may be used to carry

out the requirements of paragraph (1).

(g) Priority for efficient energy use

In view of the high energy usage per unit of output in Hungary

and Poland, the Secretary of Energy shall give high priority to

assisting officials of Poland and Hungary in improving the

efficiency of their energy use, through emphasis on such measures

as efficient motors, lights, gears, and appliances and improvements

in building insulation and design.

(h) Alternative investments in energy in Hungary

It is the sense of the Congress that the Executive branch should

work with the Government of Hungary to achieve environmentally safe

alternative investments in energy efficiency, particularly with

regard to projects along the Danube River.

-SOURCE-

(Pub. L. 101-179, title V, Sec. 502, Nov. 28, 1989, 103 Stat.

1317.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (e),