§ 5821 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1214

vision of law with respect to assistance for the

independent states, has been used and why the

use of that authority was necessary.

(Pub. L. 102–511, title I, §104, Oct. 24, 1992, 106

Stat. 3324.)

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 102–511, Oct.

24, 1992, 106 Stat. 3320, known as the Freedom for Russia

and Emerging Eurasian Democracies and Open Markets

Support Act of 1992 and also as the FREEDOM Support

Act. For complete classification of this Act to the

Code, see Short Title note set out under section 5801 of

this title and Tables.

DELEGATION OF FUNCTIONS

For delegation of certain functions of President

under this section, see section 2(a) of Ex. Ord. No. 12884,

Dec. 1, 1993, 58 F.R. 64099, set out as a note under section 5812 of this title.

PRESIDENTIAL REPORT ON FUNDING FOR NEW

INDEPENDENT STATES OF FORMER SOVIET UNION

Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1617,

provided in part that: ‘‘(o) The report required by subsection (d) under the heading ‘Assistance for the New

Independent States of the Former Soviet Union’, contained in Public Law 102–391 [set out below], shall be

updated at least annually and shall also contain a listing of all grants and contracts issued from funds appropriated annually for the new independent states of the

former Soviet Union, to include for each grant and contract (1) a description of its purpose, (2) its amount,

and (3) the country where the grant or contract funds

are to be expended.’’

Pub. L. 102–391, title III, Oct. 6, 1992, 106 Stat. 1650,

provided in part that: ‘‘(d) REPORTS.—The President

shall submit a report to the Committees on Appropriations containing the amount of funds obligated and expended for each project and subproject funded from

amounts appropriated under this heading for the new

independent states of the former Soviet Union. The report required by this subsection shall be submitted to

the Committees on Appropriations no later than January 1, 1993, and an update of this report shall be submitted by the President to those Committees no later than

July 1, 1993.’’

RESTRICTIONS ON ASSISTANCE FOR NEW INDEPENDENT

STATES OF FORMER SOVIET UNION; REPORT TO CONGRESS

Pub. L. 103–87, title V, §560(g), Sept. 30, 1993, 107 Stat.

967, provided that: ‘‘None of the funds appropriated by

this Act [see Tables for classification] shall be made

available to any government of the New Independent

States of the former Soviet Union if that government

directs any action in violation of the territorial integrity or national sovereignty of any other New Independent State, such as those violations included in

Principle Six of the Helsinki Final Act: Provided, That

such funds may be made available without regard to

the restriction in this subsection if the President determines that to do so is in the national interest of the

United States: Provided further, That the restriction of

this subsection shall not apply to the use of such funds

for the provision of assistance for purposes of humanitarian, disaster and refugee relief: Provided further,

That thirty days after the date of enactment of this

Act [Sept. 30, 1993], and then annually thereafter, the

Secretary of State shall report to the Committees on

Appropriations on steps taken by the governments of

the New Independent States concerning violations referred to in this subsection: Provided further, That in

preparing this report the Secretary shall consult with

the United States Representative to the Conference on

Security and Cooperation in Europe [now the Organization for Security and Cooperation in Europe].’’

Similar provisions relating to nonavailability of

funds to any government of the new independent states

of the former Soviet Union if that government directs

any action in violation of the territorial integrity or

national sovereignty of any other new independent

state, were contained in the following appropriation

acts:

Pub. L. 105–118, title II, [(c)], Nov. 26, 1997, 111 Stat.

2395.

Pub. L. 104–208, div. A, title I, §101(c) [title II, [(d)]],

Sept. 30, 1996, 110 Stat. 3009–121, 3009–130.

Pub. L. 104–107, title II, [(d)], Feb. 12, 1996, 110 Stat.

712.

Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1616.

REPORT TO CONGRESS UNDER FREEDOM SUPPORT ACT

Memorandum of President of the United States, Jan.

29, 1993, 58 F.R. 8201, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the FREEDOM Support Act (Public

Law 102–511) (the ‘‘Act’’) [see Short Title note set out

under section 5801 of this title] and section 301 of Title

3 of the United States Code, I hereby delegate the functions and authorities relating to the report required to

be submitted not later than January 31, 1993, under section 104 of the Act [22 U.S.C. 5814] to the Secretary of

State, who is authorized to redelegate these functions

and authorities consistent with applicable law.

You are authorized and directed to publish this

memorandum in the Federal Register.

WILLIAM J. CLINTON.

SUBCHAPTER II—BUSINESS AND

COMMERCIAL DEVELOPMENT

§ 5821. American Business Centers

(a) Establishment

The President is authorized and encouraged to

establish American Business Centers in the

independent states of the former Soviet Union

receiving assistance under chapter 11 of part I of

the Foreign Assistance Act of 1961 [22 U.S.C. 2295

et seq.] where the President determines that

such centers can be cost-effective in promoting

the objectives described in section 498 of that

Act [22 U.S.C. 2295] and United States economic

interests and in establishing commercial partnerships between the people of the United States

and the peoples of the independent states.

(b) Environmental business centers and agribusiness centers

For purposes of this section, the term ‘‘American Business Centers’’ includes the following:

(1) Environmental business centers in those

independent states that offer promising market possibilities for the export of United

States environmental goods and services. To

the maximum extent practicable, these environmental business centers should be established as a component of other centers.

(2) Agribusiness centers that include the participation of private United States agribusinesses or agricultural cooperatives, private nonprofit organizations, State universities and land grant colleges, and financial institutions, that make appropriate contributions of equipment, materials, and personnel

for the operation of such centers. The purposes

of these agribusiness centers shall be—

(A) to enhance the ability of farmers and

other agribusiness practitioners in the independent states to better meet the needs of

the people of the independent states;
Page 1215 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5822

(B) to assist the transition from a command and control system in agriculture to a

free market system; and

(C) to facilitate the demonstration and use

of United States agricultural equipment and

technology.

(c) Additional policy guidance

To the maximum extent possible, and consistent with the particular purposes of the specific

types of centers, the President should direct

that—

(1) the American Business Centers established pursuant to this section place special

emphasis on assistance to United States

small- and medium-sized businesses to facilitate their entry into the commercial markets

of the independent states;

(2) such centers offer office space, business

facilities, and market analysis services to

United States firms, trade associations, and

State economic development offices on a userfee basis that minimizes the cost of operating

such centers;

(3) such centers serve as a repository for

commercial, legal, and technical information,

including environmental and export control

information;

(4) such centers identify existing or potential counterpart businesses or organizations

that may require specific technical coordination or assistance;

(5) such centers be established in several

sites in the independent states; and

(6) host countries be asked to make appropriate contributions of real estate and personnel for the establishment and operation of

such centers.

(d) Funding

(1) Reimbursement agreement

Not later than 90 days after October 24, 1992,

the Administrator of the Agency for International Development shall conclude a reimbursement agreement with the Secretary of

Commerce for the Department of Commerce’s

services in establishing and operating American Business Centers pursuant to this section.

(2) Authorization of appropriations

Of the amount authorized to be appropriated

to carry out chapter 11 of part I of the Foreign

Assistance Act of 1961 [22 U.S.C. 2295 et seq.],

up to $12,000,000 for fiscal year 1993 are authorized to be appropriated to carry out this section, in addition to amounts otherwise available for such purpose.

(Pub. L. 102–511, title III, §301, Oct. 24, 1992, 106

Stat. 3332.)

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (d)(2), is Pub. L. 87–195, Sept. 4, 1961, 75

Stat. 424, as amended. Chapter 11 of part I of the Act is

classified generally to part XI (§2295 et seq.) of subchapter I 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.

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) of this section delegated to United States International Development Cooperation Agency, except that all functions

under this section, insofar as relating to determinations and directives, delegated to Coordinator, see sections 2(b) and 3(a) of Ex. Ord. No. 12884, Dec. 1, 1993, 58

F.R. 64099, set out as a note under section 5812 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5813 of this title;

title 15 section 4729.

§ 5822. Business and Agriculture Advisory Council

(a) Establishment

The President is authorized to establish an advisory council to be known as the Independent

States Business and Agriculture Advisory Council (hereinafter in this section referred to as the

‘‘Council’’)—

(1) to consult with and advise the President

periodically regarding programs of assistance

for the independent states of the former Soviet Union; and

(2) to evaluate, and consult periodically with

the President regarding, the adequacy of bilateral and multilateral assistance programs that

would facilitate exports by United States companies to, and investments by United States

companies in, the independent states.

(b) Membership

The Council should consist of 15 members, appointed by the President, who are drawn from

United States companies reflecting diverse businesses and perspectives that have experience

and expertise in dealing with the independent

states of the former Soviet Union. The President

should designate one such member to serve as

Chair of the Council. Five such members should

be appointed upon the recommendation of the

Speaker and the Minority Leader of the House

of Representatives and 5 should be appointed

upon the recommendation of the Majority Leader and Minority Leader of the Senate. Members

of the Council shall receive no compensation

from the United States Government by reason of

their service on the Council.

(c) Staff

Upon request of the Chair of the Council, the

head of any United States Government agency

may detail, on a nonreimbursable basis, any of

the personnel of such agency to the Council to

assist the Council.

(Pub. L. 102–511, title III, §302, Oct. 24, 1992, 106

Stat. 3333.)

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to

terminate not later than the expiration of the 2-year

period beginning on the date of their establishment,

unless, in the case of a council established by the President or an officer of the Federal Government, such

council is renewed by appropriate action prior to the

expiration of such 2-year period, or in the case of a

council established by Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of

Pub. L. 92–643, Oct. 6, 1972, 86 Stat. 770, 776, set out in

the Appendix to Title 5, Government Organization and

Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4729.