HR 2949
11-5-07, House Agreed to Bill by Voice Vote
Referred to Senate
Committee on Foreign Relations
110th CONGRESS
1st Session
H. R. 2949
IN THE SENATE OF THE UNITED STATES
November 6, 2007
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
To authorize grants to the Eurasia Foundation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Eurasia Foundation Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds the following:
(1) There has been established in the District of Columbia a private, nonprofit
corporation known as the Eurasia Foundation (hereafter in this Act referred
to as the `Foundation'), which is not an agency or establishment of the
United States Government.
(2) In recognition of the valuable contributions of the Foundation to long-range
United States foreign policy interests, the United States Government has,
through the United States Agency for International Development and the Department
of State, provided financial support for the Foundation.
(3) It is in the interest of the United States, and the further strengthening
of cooperation with the countries of Eurasia, to establish a more permanent
mechanism for United States Government financial support for the ongoing
activities of the Foundation, while preserving the independent character
of the Foundation.
(b) Purposes- The purposes of the Foundation are--
(1) to promote civil society, private enterprise, and sound public administration
and policy in the countries of Eurasia and in lending encouragement and
assistance to citizens of such countries in their own efforts to develop
more open, just, and democratic societies;
(2) to strengthen indigenous institutions that foster national development,
constructive social change, equitable economic growth, and cooperative international
relationships that are fully consistent with and supportive of long-term
United States interests with respect to the countries of Eurasia; and
(3) to conduct programs in response to initiatives in the countries of Eurasia
that would be difficult or impossible for an official United States entity,
and, as a result of its position in the countries of Eurasia, to respond
quickly and flexibly to meet new opportunities.
SEC. 3. GRANTS TO THE FOUNDATION.
(1) IN GENERAL- The Secretary of State shall make an annual grant to the
Foundation to enable the Foundation to carry out its purposes as specified
in section 2(b).
(2) ADDITIONAL REQUIREMENTS- Each grant required under paragraph (1)--
(A) shall be made with funds specifically appropriated for grants to the
Foundation; and
(B) shall be made pursuant to a grant agreement between the Secretary
and the Foundation which--
(i) requires that grant funds will only be used for activities the Board
of Directors of the Foundation determines are consistent with the purposes
described in section 2(b), and that the Foundation will otherwise comply
with the requirements of this Act; and
(ii) may not require the Foundation to comply with requirements other
than those specified in this Act.
(b) Use of Funds- The Foundation may use funds received under a grant described
in subsection (a) to carry out the purposes described in section 2(b).
(c) Rule of Construction- Nothing in this Act shall be construed to make the
Foundation an agency or establishment of the United States Government or to
make the members of the Board of Directors of the Foundation, or the officers
or employees of the Foundation, officers or employees of the United States.
(d) Oversight- The Foundation and its grantees shall be subject to the appropriate
oversight procedures of Congress.
(e) Other Funding- The Foundation shall have authority to accept funding from
non-United States Government sources to complement United States Government
funding.
(f) Sense of Congress- It is the sense of Congress that--
(1) a robust Foundation, funded at the levels authorized under section 6
of this Act, and at appropriate levels in subsequent fiscal years, can contribute
significantly to the political, economic, and social development of democracy
and human rights in the countries of Eurasia;
(2) notwithstanding the Foundation's distinguished record of performance,
organizations that seek competitive grants typically perform in a more transparent
and effective manner; and
(3) to the maximum extent possible, the Foundation should seek competitive
grants to supplement appropriations from the United States Government, and
at least 20 percent of the funding received in each fiscal year by the Foundation
should be from non-United States Government sources to ensure continued
strong performance of the Foundation.
SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS.
(a) Compliance With Statutory Requirements- Grants may be made to the Foundation
under this Act only if the Foundation agrees to comply with the requirements
specified in this section and elsewhere in this Act.
(b) Funding for Covered Programs Only- The Foundation may provide funding
only for programs that are consistent with the purposes set forth in section
2(b).
(c) Compensation for Officers and Employees of the Foundation- If an individual
who is an officer or employee of the United States Government serves as a
member of the Board of Directors or as an officer or employee of the Foundation,
that individual may not receive any compensation or travel expenses in connection
with service performed for the Foundation.
(d) Prohibition Respecting Financial Matters- The Foundation shall not issue
any shares of stock or declare or pay any dividends. No part of the assets
of the Foundation shall inure to the benefit of any member of the Board of
Directors of the Foundation, any officer or employee of the Foundation, or
any other individual, except as salary or reasonable compensation for expenses
incurred in the performance of duties to the Foundation.
(e) Audit of Accounts; Reporting Requirements-
(1) AUDIT OF ACCOUNTS- The accounts of the Foundation shall be audited annually
in accordance with generally accepted auditing standards by independent
certified public accountants or independent licensed public accountants
certified or licensed by a regulatory authority of a State or other political
subdivision of the United States.
(2) REPORTING REQUIREMENTS- The report of each such independent audit shall
be included in the annual report required by subsection (h) of this section.
The audit report shall set forth the scope of the audit and include such
statements as are necessary to present fairly the Foundation's assets and
liabilities, surplus or deficit, with an analysis of the changes therein
during the year, supplemented in reasonable detail by a statement of the
Foundation's income and expenses during the year, and a statement of the
application of funds, together with the independent auditor's opinion of
those statements.
(f) Audit of Financial Transactions-
(1) AUDIT OF FINANCIAL TRANSACTIONS- The financial transactions of the Foundation
for each fiscal year may be audited by the Government Accountability 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.
(2) REPORTING REQUIREMENTS- 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 Foundation, together which such recommendations with respect thereto
as the Comptroller General may deem advisable. A copy of each report shall
be furnished to the President and to the Foundation at the time submitted
to the Congress.
(g) Recordkeeping Requirements; Audit and Examination of Books-
(1) RECORDKEEPING REQUIREMENTS- The Foundation shall ensure that each recipient
of assistance provided through the Foundation under this Act keeps 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) AUDIT AND EXAMINATION OF BOOKS- The Foundation 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 Foundation
under this Act. The Comptroller General of the United States or any duly
authorized representative of the Comptroller General shall also have access
thereto for such purpose.
(h) Annual Report; Testimony Relating to Report-
(A) IN GENERAL- Not later than March 31 of each year, the Foundation shall
submit an annual report for the preceding fiscal year to the President
for transmittal to the Congress.
(B) CONTENTS- The report required under subparagraph (A) shall include
a comprehensive and detailed report of the Foundation's operations, activities,
financial condition, and accomplishments under this Act and may include
such recommendations as the Foundation deems appropriate. The report should
also include any information regarding allegations or reports on the misuse
of funds and how such allegations or reports were addressed by the Foundation.
(2) TESTIMONY RELATING TO REPORT- The Board members and officers of the
Foundation shall be available to testify before appropriate committees of
the Congress with respect to the report required under paragraph (1), the
report of any audit made by the Comptroller General of the United States
pursuant to subsection (f) of this section, or any other matter which any
such committees may determine.
(i) Grantee; Conflict of Interest- A member of the Board of Directors of the
Foundation who serves as a member of the board of directors or an officer
of a grantee of the Foundation may not receive compensation for their services
but shall be entitled to reimbursement for travel and other expenses incurred
by them in connection with their duties on behalf of such grantee.
SEC. 5. AGREEMENT BETWEEN FOUNDATION AND SUCCESSOR OR RELATED ENTITY TO
THE U.S. RUSSIA INVESTMENT FUND.
(a) Agreement Required- The Foundation and any successor or related entity
to the U.S. Russia Investment Fund shall enter into a memorandum of understanding
for the purpose of coordinating activities carried out by the Foundation and
the successor or related entity. The memorandum of understanding shall include
language that prohibits the same entities from carrying out the same activities.
(b) Deadline- The memorandum of understanding described in subsection (a)
shall be entered into between the Foundation and the successor or related
entity described in subsection (a) by not later than the later of the following:
(1) If the successor or related entity is established on or before the date
of the enactment of this Act, 90 days after the date of the enactment of
this Act.
(2) If the successor or related entity is established after the date of
the enactment of this Act, 90 days after the date on which the entity is
established.
(c) Submission to Secretary of State and Congress- The Foundation and the
successor or related entity described in subsection (a) shall submit to the
Secretary of State and Congress a copy of the memorandum of understanding
described in subsection (a) not later than 30 days after the date on which
the parties enter into the memorandum of understanding.
(d) Limitations- For the period beginning on the date on which the successor
or related entity described in subsection (a) is established, or the date
of the enactment of this Act, whichever occurs later, and ending on the date
on which the memorandum of understanding described in subsection (a) is entered
into--
(1) United States assistance may not be provided to the Foundation under
any other provision of law; and
(2) funds may not be transferred from the U.S. Russia Investment Fund to
the successor or related entity or placed in a trust on behalf of the successor
or related entity.
(e) Successor or Related Entity to the U.S. Russia Investment Fund Defined-
In this section, the term `successor or related entity to the U.S. Russia
Investment Fund' or `successor or related entity' means any organization,
corporation, limited-liability partnership, foundation, or other corporate
structure that receives any or all of the remaining funds of the U.S. Russia
Investment Fund after liquidation of assets upon closure of the U.S. Russia
Investment Fund.
SEC. 6. COUNTRIES OF EURASIA DEFINED.
In this Act, the term `countries of Eurasia' means Armenia, Azerbaijan, Belarus,
Georgia, Kazakhstan, the Kyrgyz Republic, Moldova, the Russian Federation,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to carry out this
Act $15,000,000 for fiscal year 2008 and such sums as may be necessary for
fiscal year 2009.
(b) Availability- Amounts appropriated pursuant to the authorization of appropriation
under subsection (a) are authorized to remain available for 2 years from the
end of the fiscal year for which the amount was appropriated.
Passed the House of Representatives November 5, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
END
