§ 4414 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1134

General Accounting Office in accordance with

such principles and procedures and under such

rules and regulations as may be prescribed by

the Comptroller General of the United States.

Any such audit shall be conducted at the place

or places where accounts of the Endowment are

normally kept. The representatives of the General Accounting Office shall have access to all

books, accounts, records, reports, files, and all

other papers, things, or property belonging to or

in use by the Endowment pertaining to its financial transactions and necessary to facilitate the

audit; and they shall be afforded full facilities

for verifying transactions with any assets held

by depositories, fiscal agents, and custodians.

All such books, accounts, records, reports, files,

papers, and property of the Endowment shall remain in the possession and custody of the Endowment.

(2) A report of each such audit shall be made

by the Comptroller General to the Congress. The

report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress

of the financial operations and condition of the

Endowment, together with such recommendations with respect thereto as he may deem advisable. The report shall also show specifically

any program, expenditure, or other financial

transaction or undertaking observed in the

course of the audit, which, in the opinion of the

Comptroller General, has been carried on or

made contrary to the requirements of this subchapter. A copy of each report shall be furnished

to the President and to the Endowment at the

time submitted to the Congress.

(g) Audits by United States Information Agency

The financial transactions of the Endowment

for each fiscal year shall be audited by the

United States Information Agency under the

conditions set forth in subsection (f)(1) of this

section.

(h) Recordkeeping requirements; audit and examination of books, etc.

(1) The Endowment shall ensure that each recipient of assistance provided through the Endowment under this subchapter keeps separate

bank accounts or separate self-balancing ledger

accounts with respect to such assistance and

such records as may be reasonably necessary to

fully disclose the amount and the disposition by

such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance

is given or used, and the amount and nature of

that portion of the cost of the project or undertaking supplied by other sources, and such other

records as will facilitate an effective audit.

(2) The Endowment shall ensure that it, or any

of its duly authorized representatives, shall

have access for the purpose of audit and examination to any books, documents, papers, and

records of the recipient that are pertinent to assistance provided through the Endowment under

this subchapter. The Comptroller General of the

United States or any of his duly authorized representatives shall also have access thereto for

such purpose.

(i) Annual report; contents; testimony respecting

report

Not later than February 1 of each year, the

Endowment shall submit an annual report for

the preceding fiscal year to the President for

transmittal to the Congress. The report shall include a comprehensive and detailed report of the

Endowment’s operations, activities, financial

condition, and accomplishments under this subchapter and may include such recommendations

as the Endowment deems appropriate. The

Board members and officers of the Endowment

shall be available to testify before appropriate

committees of the Congress with respect to such

report, the report of any audit made by the

Comptroller General pursuant to subsection (f)

of this section, or any other matter which any

such committee may determine.

(j) Grantee; conflict of interest

After January 31, 1993, no member of the

Board of the Endowment may be a member of

the board of directors or an officer of any grantee of the National Endowment for Democracy

which receives more than 5 percent of the funds

of the Endowment for any fiscal year.

(Pub. L. 98–164, title V, §504, Nov. 22, 1983, 97

Stat. 1040; Pub. L. 99–93, title II, §210(b), (d),

Aug. 16, 1985, 99 Stat. 432; Pub. L. 100–204, title II,

§211, Dec. 22, 1987, 101 Stat. 1376; Pub. L. 102–138,

title II, §§211(d), 215, Oct. 28, 1991, 105 Stat. 695,

697; Pub. L. 103–236, title II, §228, Apr. 30, 1994,

108 Stat. 423.)

AMENDMENTS

1994—Subsec. (h)(1). Pub. L. 103–236 substituted ‘‘bank

accounts or separate self-balancing ledger accounts’’

for ‘‘accounts’’.

1991—Subsec. (g). Pub. L. 102–138, §211(d), substituted

‘‘shall’’ for ‘‘may also’’ before ‘‘be audited’’.

Subsec. (j). Pub. L. 102–138, §215, added subsec. (j).

1987—Subsec. (h)(1). Pub. L. 100–204 inserted ‘‘separate

accounts with respect to such assistance and’’ after

‘‘keeps’’.

1985—Subsecs. (g) to (i). Pub. L. 99–93 added subsec.

(g), redesignated existing subsecs. (g) and (h) as (h) and

(i), respectively, and in subsec. (i) substituted ‘‘February 1’’ for ‘‘December 31’’.

§ 4414. Requirements relating to the Endowment

and its grantees

(a) Partisan politics

(1) Funds may not be expended, either by the

Endowment or by any of its grantees, to finance

the campaigns of candidates for public office.

(2) No funds granted by the Endowment may

be used to finance activities of the Republican

National Committee or the Democratic National

Committee.

(3) No grants may be made to any institute,

foundation, or organization engaged in partisan

activities on behalf of the Republican or Democratic National Committee, on behalf of any

candidate for public office, or on behalf of any

political party in the United States.

(b) Consultation with Department of State

The Endowment shall consult with the Department of State on any overseas program funded

by the Endowment prior to the commencement

of the activities of that program.

(Pub. L. 98–164, title V, §505, as added Pub. L.

99–93, title II, §210(a), Aug. 16, 1985, 99 Stat. 431.)
Page 1135 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4502

§ 4415. Freedom of information

(a) Compliance with Freedom of Information Act

Notwithstanding the fact that the Endowment

is not an agency or establishment of the United

States Government, the Endowment shall fully

comply with all of the provisions of section 552

of title 5.

(b) Publication in Federal Register

For purposes of complying pursuant to subsection (a) of this section with section 552(a)(1)

of such title, the Endowment shall make available to the Director of the United States Information Agency such records and other information as the Director determines may be necessary for such purposes. The Director shall

cause such records and other information to be

published in the Federal Register.

(c) Review by United States Information Agency

(1) In the event that the Endowment determines not to comply with a request for records

under section 552, the Endowment shall submit a

report to the Director of the United States Information Agency explaining the reasons for not

complying with such request.

(2) If the Director approves the determination

not to comply with such request, the United

States Information Agency shall assume full responsibility, including financial responsibility,

for defending the Endowment in any litigation

relating to such request.

(3) If the Director disapproves the determination not to comply with such request, the Endowment shall comply with such request.

(Pub. L. 98–164, title V, §506, as added Pub. L.

99–93, title II, §210(a), Aug. 16, 1985, 99 Stat. 432.)

CHAPTER 55—RESEARCH AND TRAINING

FOR EASTERN EUROPE AND INDEPENDENT STATES OF FORMER SOVIET UNION

Sec.

4501. Findings and declarations.

4502. ‘‘Institution of higher education’’ and ‘‘Advisory Committee’’ defined.

4503. Establishment of Advisory Committee.

(a) Establishment; composition; Chairman.

(b) Meetings; quorum.

(c) Technical and clerical assistance.

(d) Functions.

4504. Authority to make payments; purposes.

4505. Applications; payments to eligible institutions.

4506. Reporting requirements.

4507. Federal control of education prohibited.

4508. Allocation of funds.

4509. Repealed.

§ 4501. Findings and declarations

The Congress finds and declares that—

(1) factual knowledge, independently verified, about the countries of Eastern Europe

and the independent states of the former Soviet Union is of the utmost importance for the

national security of the United States, for the

furtherance of our national interests in the

conduct of foreign relations, and for the prudent management of our domestic affairs;

(2) the development and maintenance of

knowledge about the countries of Eastern Europe and the independent states of the former

Soviet Union depends upon the national capability for advanced research by highly trained

and experienced specialists, available for service in and out of Government;

(3) certain essential functions are necessary

to ensure the existence of that knowledge and

the capability to sustain it, including—

(A) graduate training;

(B) advanced research;

(C) public dissemination of research data,

methods, and findings;

(D) contact and collaboration among Government and private specialists; and

(E) firsthand experience of the countries of

Eastern Europe and the independent states

of the former Soviet Union by American specialists, including on site conduct of advanced training and research to the extent

practicable; and

(4) it is in the national interest for the

United States Government to provide a stable

source of financial support for the functions

described in this section and to supplement

the financial support for those functions

which is currently being furnished by Federal,

State, local, regional, and private agencies, organizations, and individuals, and thereby to

stabilize the conduct of these functions on a

national scale, consistently, and on a long

range unclassified basis.

(Pub. L. 98–164, title VIII, §802, Nov. 22, 1983, 97

Stat. 1047; Pub. L. 103–199, title III, §302(3), Dec.

17, 1993, 107 Stat. 2322.)

AMENDMENTS

1993—Pars. (1), (2), (3)(E). Pub. L. 103–199 substituted

‘‘countries of Eastern Europe and the independent

states of the former Soviet Union’’ for ‘‘Soviet Union

and Eastern European countries’’.

SHORT TITLE

Section 801 of title VIII of Pub. L. 98–164, as amended

by Pub. L. 103–199, title III, §302(2), Dec. 17, 1993, 107

Stat. 2322, provided that: ‘‘This title [enacting this

chapter] may be cited as the ‘Research and Training for

Eastern Europe and the Independent States of the

Former Soviet Union Act of 1983’.’’

DEFINITIONS

In pars. (1), (2), and (3)(E), independent states of the

former Soviet Union has the meaning given in section

5801 of this title, see section 3 of Pub. L. 103–199, set out

as a note under section 5801 of this title.

§ 4502. ‘‘Institution of higher education’’ and ‘‘Advisory Committee’’ defined

As used in this chapter—

(1) the term ‘‘institution of higher education’’ has the same meaning given such

term in section 1141(a) of title 20; and

(2) the term ‘‘Advisory Committee’’ means

the Advisory Committee for Studies of Eastern Europe and the Independent States of the

Former Soviet Union established by section

4503(a) of this title.

(Pub. L. 98–164, title VIII, §803, Nov. 22, 1983, 97

Stat. 1048; Pub. L. 103–199, title III, §302(4), Dec.

17, 1993, 107 Stat. 2322.)

AMENDMENTS

1993—Par. (2). Pub. L. 103–199 substituted ‘‘Advisory

Committee for Studies of Eastern Europe and the Inde-