§2295b Authorities Relating to Assistance and Other Provisions

Summary

Allows U.S. aid to go to foreign governments or through nongovernmental groups. Technical help should be long-term and on-site when possible, and focus on practical management and problem-solving, including private‑sector advice from U.S. business volunteers. The President may set up and support enterprise funds for the independent states of the former Soviet Union; if so, the rules in section 201 of the Support for East European Democracy (SEED) Act of 1989 apply to those funds except for the funding authorizations in subsection (b) of that section. Aid may also back cooperative development projects. To help strengthen justice systems (see section 2295(2)(J)), the President may use the powers in section 2346c, except for subsection (c) and the last two sentences of subsection (e). Funds already set aside under part 4 of subchapter II for these independent states may be used here. The President can let any agency with SEED Act authority use its international funds and administrative powers as allowed. Purchases with these funds may be made in the United States, the independent states, or a developing country. Buying in other countries is allowed only if the needed goods or services are not available in the listed places or if the President decides it is necessary for emergencies or to use aid more efficiently. Assistance terms are set by the President consistent with law, with special exceptions for funds authorized for fiscal year 1993; those FY1993 funds may be used despite other laws except for this part, section 2394–1 and comparable notification rules in annual foreign operations acts, sections 2799aa and 2799aa–1 and sections 5604 and 5605 as they apply to aid to governments, and section 1341 of title 31 and certain budget laws. A rule like section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (which limits financing of nuclear exports) does not apply to funds used under this part. Definitions (one line each): "Appropriate congressional committees" are 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 what section 5801 says. "Nonmarket based trade" covers trade or exchanges on unusually favorable terms, with examples involving the Cuban Government (such as subsidized exports, preferred import tariffs, advance-delivery exchanges, or debt-for-equity deals). "Cuban Government" includes any political subdivision and any agency or instrumentality of Cuba; "agency or instrumentality" is as defined in section 1603(b) of title 28, read to refer to Cuba.