Page 1131 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4401

(3) the term ‘‘originating agency’’ means,

with respect to a record, the department,

agency, or entity of the United States (or any

officer or employee thereof of acting in his official capacity) that originates, develops, publishes, issues, or otherwise prepares that

record or receives that record from outside the

United States Government; and

(4) the term ‘‘record’’ includes any written

material (including any document, memorandum, correspondence, statistical data, book,

or other papers), map, photograph, machine

readable material, or other documentary material, regardless of physical form or characteristics, made or received by an agency of the

United States Government under Federal law

or in connection with the transaction of public

business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government

or because of the informational value in them,

and such term does not include library or museum material made or acquired and preserved

solely for reference or exhibition purposes,

any extra copy of a document preserved only

for convenience of reference, or any stocks of

publications or of processed documents.

(Aug. 1, 1956, ch. 841, title IV, §407, as added Pub.

L. 102–138, title I, §198(a), Oct. 28, 1991, 105 Stat.

690.)

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to

have and exercise any authority vested by law in any

official or office of Department of State and references

to such officials or offices deemed to refer to Secretary

of State or Department of State, as appropriate, see

section 2651a of this title and section 161(d) of Pub. L.

103–236, set out as a note under section 2651a of this

title.

CHAPTER 54—PRIVATE ORGANIZATION

ASSISTANCE

SUBCHAPTER I—THE ASIA FOUNDATION

Sec.

4401. Findings.

4402. Grants; authorization; purposes; terms and

conditions; deposit of interest.

4403. Funding.

(a) Authorization of appropriations.

(b) Allocation of funds.

SUBCHAPTER II—NATIONAL ENDOWMENT FOR

DEMOCRACY

4411. Findings; statement of purposes.

4412. Grants to the Endowment.

(a) Authorization; funding; grant agreement.

(b) Implementation of purposes.

(c) Status of Endowment.

(d) Oversight procedures applicable.

(e) Amounts to Free Trade Union Institute and National Chamber Foundation.

(f) Independent labor unions.

4413. Eligibility of the Endowment for grants.

(a) Compliance with statutory requirements.

(b) Funding for private sector groups and

covered programs only.

(c) Compensation, etc., for officers and

employees of the Endowment.

Sec.

(d) Prohibitions respecting financial

matters.

(e) Audit of accounts; reporting requirements.

(f) Audit of financial transactions; reporting requirements.

(g) Audits by United States Information

Agency.

(h) Recordkeeping requirements; audit

and examination of books, etc.

(i) Annual report; contents; testimony

respecting report.

(j) Grantee; conflict of interest.

4414. Requirements relating to the Endowment and

its grantees.

(a) Partisan politics.

(b) Consultation with Department of

State.

4415. Freedom of information.

(a) Compliance with Freedom of Information Act.

(b) Publication in Federal Register.

(c) Review by United States Information

Agency.

SUBCHAPTER I—THE ASIA FOUNDATION

§ 4401. Findings

The Congress finds that—

(1) The Asia Foundation, a private nonprofit

corporation incorporated in 1954 in the State

of California, has long been active in promoting Asian-American friendship and cooperation and in lending encouragement and assistance to Asians in their own efforts to develop

more open, more just, and more democratic

societies;

(2) The Asia Foundation’s commitment to

strengthening indigenous Asian institutions

which further stable national development,

constructive social change, equitable economic growth, and cooperative international

relationships is fully consistent with and supportive of long-term United States interests in

Asia;

(3) The Asia Foundation, as a private organization, is able to conduct programs in response to Asian initiatives that would be difficult or impossible for an official United

States instrumentality, and it is in a position

in Asia to respond quickly and flexibly to

meet new opportunities;

(4) in recognition of the valuable contributions of The Asia Foundation to long-range

United States foreign policy interests, the

United States Government has, through a variety of agencies, provided financial support

for The Asia Foundation; and

(5) it is in the interest of the United States,

and the further strengthening of Asian-American friendship and cooperation, to establish a

more permanent mechanism for United States

Government financial support for the ongoing

activities of The Asia Foundation, while preserving the independent character of the

Foundation.

(Pub. L. 98–164, title IV, §402, Nov. 22, 1983, 97

Stat. 1038.)

SHORT TITLE

Section 401 of title IV of Pub. L. 98–164 provided that:

‘‘This title [enacting this subchapter] may be cited as

‘The Asia Foundation Act’.’’
§ 4402 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1132

For short title of title V of Pub. L. 98–164, which enacted subchapter II of this chapter, as the ‘‘National

Endowment for Democracy Act’’, see section 501 of Pub.

L. 98–164, set out as a Short Title note under section

4411 of this title.

§ 4402. Grants; authorization; purposes; terms

and conditions; deposit of interest

(a) The Secretary of State shall make an annual grant to The Asia Foundation with the

funds made available under section 4403 of this

title. Such grants shall be in general support of

the Foundation’s programs and operations. The

terms and conditions of grants pursuant to this

section shall be set forth in a grant agreement

between the Secretary of State and The Asia

Foundation.

(b) If funds made available to The Asia Foundation pursuant to this subchapter or pursuant

to any other provision of law are, with the permission of the head of the Federal agency making the funds available, invested by the Foundation or any of its subgrantees pending disbursement, the resulting interest is not required to be

deposited in the United States Treasury if that

interest is used for the purposes for which the

funds were made available.

(Pub. L. 98–164, title IV, §403, Nov. 22, 1983, 97

Stat. 1038.)

§ 4403. Funding

(a) Authorization of appropriations

There are authorized to be appropriated to the

Secretary of State $13,900,000 for the fiscal year

1990 and $18,000,000 for the fiscal year 1991 for

grants to The Asia Foundation pursuant to this

subchapter.

(b) Allocation of funds

Of amounts authorized to be appropriated

under subsection (a) of this section, $1,324,000 for

the fiscal year 1990 and $1,324,000 for the fiscal

year 1991 shall be available only for the expansion of programs and services (including the establishment of a field office) for Oceania, comprised of Polynesia, Micronesia, and Melanesia.

(Pub. L. 98–164, title IV, §404, Nov. 22, 1983, 97

Stat. 1039; Pub. L. 99–93, title IV, §401, Aug. 16,

1985, 99 Stat. 437; Pub. L. 100–204, title VI, §601,

Dec. 22, 1987, 101 Stat. 1383; Pub. L. 101–246, title

V, §501, Feb. 16, 1990, 104 Stat. 73.)

AMENDMENTS

1990—Pub. L. 101–246 amended section generally. Prior

to amendment, section read as follows: ‘‘There is authorized to be appropriated to the Secretary of State

$13,700,000 for the fiscal year 1988 and $15,000,000 for the

fiscal year 1989 for grants to the Asia Foundation pursuant to this subchapter.’’

1987—Pub. L. 100–204 amended section generally. Prior

to amendment, section read as follows: ‘‘There are authorized to be appropriated to the Secretary of State

$10,500,000 for each of the fiscal years 1986 and 1987 for

grants to The Asia Foundation pursuant to this subchapter.’’

1985—Pub. L. 99–93 amended section generally, substituting ‘‘$10,500,000 for each of the fiscal years 1986

and 1987’’ for ‘‘$5,000,000 for the fiscal year 1983,

$10,000,000 for the fiscal year 1984, and $10,000,000 for the

fiscal year 1985’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4402 of this title.

SUBCHAPTER II—NATIONAL ENDOWMENT

FOR DEMOCRACY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2275 of this

title.

§ 4411. Findings; statement of purposes

(a) The Congress finds that there has been established in the District of Columbia a private,

nonprofit corporation known as the National

Endowment for Democracy (hereafter in this

subchapter referred to as the ‘‘Endowment’’)

which is not an agency or establishment of the

United States Government.

(b) The purposes of the Endowment, as set

forth in its articles of incorporation, are—

(1) to encourage free and democratic institutions throughout the world through private

sector initiatives, including activities which

promote the individual rights and freedoms

(including internationally recognized human

rights) which are essential to the functioning

of democratic institutions;

(2) to facilitate exchanges between United

States private sector groups (especially the

two major American political parties, labor,

and business) and democratic groups abroad;

(3) to promote United States nongovernmental participation (especially through the

two major American political parties, labor,

business, and other private sector groups) in

democratic training programs and democratic

institution-building abroad;

(4) to strengthen democratic electoral processes abroad through timely measures in cooperation with indigenous democratic forces;

(5) to support the participation of the two

major American political parties, labor, business, and other United States private sector

groups in fostering cooperation with those

abroad dedicated to the cultural values, institutions, and organizations of democratic pluralism; and

(6) to encourage the establishment and

growth of democratic development in a manner consistent both with the broad concerns of

United States national interests and with the

specific requirements of the democratic groups

in other countries which are aided by programs funded by the Endowment.

(Pub. L. 98–164, title V, §502, Nov. 22, 1983, 97

Stat. 1039.)

SHORT TITLE

Section 501 of title V of Pub. L. 98–164 provided that:

‘‘This title [enacting this subchapter] may be cited as

the ‘National Endowment for Democracy Act’.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4412, 4413 of this

title.

§ 4412. Grants to the Endowment

(a) Authorization; funding; grant agreement

The Director of the United States Information

Agency shall make an annual grant to the Endowment to enable the Endowment to carry out

its purposes as specified in section 4411(b) of this

title. Such grants shall be made with funds spe-