§2295b Authorities Relating to Assistance and Other Provisions

Summary

Allows U.S. aid to go to governments or to nongovernmental groups to help the independent states of the former Soviet Union. Aid can include long-term, on-site technical and management help, with a focus on practical business advice from U.S. volunteers. The law allows creating and supporting enterprise funds for those states if the President decides; section 201 of the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5421] applies to those funds except for the part that authorizes appropriations. It also allows cooperative development and research projects with other countries, and the President may use the same powers for justice-system programs as are in section 2346c of this title, following that section’s limits except subsection (c) and the last two sentences of subsection (e). Funds already set aside under part 4 of subchapter II may be used. The President may let SEED-authorized U.S. agencies use their available overseas funds and administrative powers to run these programs. Purchases with these funds may be made in the United States, the independent states, or a developing country; buying elsewhere is allowed only if needed goods or services are not available in those places or the President approves a case-by-case exception for emergencies or efficiency. Aid terms are set by the President, consistent with law, except as the next paragraph allows. Money authorized for fiscal year 1993 by this part, and other fiscal year 1993 funds used under the described authorities, may be spent despite other laws except for: this part itself; section 2394–1 and similar notification rules; sections 2799aa and 2799aa–1 and sections 5604 and 5605 to the extent they cover aid to governments; and section 1341 of title 31 plus the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990. Rules like section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (the ban on financing nuclear exports) do not apply to funds used under this part. Definitions: “appropriate congressional committees” means the House Committees on Foreign Affairs and Appropriations and the Senate Committees on Foreign Relations and Appropriations; “independent states of the former Soviet Union” means the states listed in section 5801 of this title; “nonmarket based trade” means deals on better-than-market terms (including exports, imports, exchanges, or other arrangements such as concessional sales, preferential tariffs, unaccountable advance deliveries, or debt-for-equity swaps, including oil and petroleum); and “Cuban Government” means Cuba’s national and local governments and any of their agencies or instrumentalities (with “agency or instrumentality” as that term is used in 28 U.S.C. 1603(b), read as referring to Cuba).