[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3024 Reported in Senate (RS)]
Calendar No. 754
110th CONGRESS
2d Session
S. 3024
[Report No. 110-342]
To authorize grants to the Eurasia Foundation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2008
Mr. Biden (for himself and Mr. Lugar) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
June 2, 2008
Reported by Mr. Biden, without amendment
_______________________________________________________________________
A BILL
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 to--
(1) promote civil society, private enterprise, and sound
public administration and policy only 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) strengthen indigenous institutions only in the
countries of Eurasia in order to 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) 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.
(a) Grants Required.--
(1) In general.--The Secretary of State shall award an
annual grant to the Foundation to enable the Foundation to
carry out the purposes described in section 2(b).
(2) Additional requirements.--Each grant awarded under
paragraph (1) shall--
(A) consist of funds specifically appropriated for
grants to the Foundation; and
(B) be contingent upon a grant agreement between
the Secretary and the Foundation that requires the
Foundation to--
(i) only use grant funds for activities
that the Board of Directors of the Foundation
determines are consistent with the purposes
described in section 2(b); and
(ii) otherwise comply with the requirements
of this Act.
(b) Rule of Construction.--Nothing in this Act may be construed
to--
(1) make the Foundation an agency or establishment of the
United States Government; or
(2) 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.
(c) Oversight.--The Foundation and its grantees shall be subject to
the appropriate oversight procedures of Congress.
(d) Other Funding.--The Foundation may accept funding from non-
United States Government sources to complement United States Government
funding.
(e) Sense of Congress.--It is the sense of Congress that--
(1) a Foundation, funded for fiscal year 2009 at the levels
authorized under section 7, 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) 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).
(b) 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.
(c) 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.
(d) Audit of Accounts; Reporting Requirements.--
(1) Audit of accounts.--The accounts of the Foundation
shall be audited annually in accordance with chapter 75 of
title 31, United States Code.
(2) Reporting requirements.--The report of each such
independent audit shall be included in the annual report
required under subsection (g). 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.
(e) Audit of Financial Transactions.--
(1) Audit of financial transactions.--The Government
Accountability Office may audit the financial transactions of
the Foundation for each fiscal year in accordance with such
principles, procedures, rules, and regulations as may be
prescribed by the Comptroller General of the United States.
(2) Reporting requirements.--The Comptroller General of the
United States shall simultaneously submit, to the President,
the Foundation, and the appropriate congressional committees, a
report regarding each audit described in paragraph (1) that
contains--
(A) any comments and information as the Comptroller
General determines to be necessary to inform the
appropriate congressional committees of the financial
operations and condition of the Foundation; and
(B) any recommendations that the Comptroller
General considers advisable.
(f) Recordkeeping Requirements; Audit and Examination of Books.--
(1) Recordkeeping requirements.--The Foundation shall
ensure that each recipient of financial assistance provided
through the Foundation under this Act maintains such records as
may be reasonably necessary to--
(A) fully disclose--
(i) the amount and the disposition by such
recipient of the proceeds of such assistance;
(ii) the total cost of the project or
undertaking in connection with which such
assistance is given or used; and
(iii) the amount and nature of that portion
of the cost of the project or undertaking
supplied by other sources; and
(B) facilitate an effective audit.
(2) Audit and examination of books.--The Foundation shall
ensure that the Foundation, any of its duly authorized
representatives, the Comptroller General of the United States,
and any duly authorized representative of the Comptroller
General has access to any books, documents, papers, and records
of the recipient that are pertinent to assistance provided
through the Foundation under this Act for the purpose of audit
and examination.
(g) Annual Report; Testimony Relating to Report.--
(1) Annual report.--
(A) In general.--Not later than June 30 of each
year, the Foundation shall submit an annual report for
the preceding fiscal year to the President and to the
appropriate congressional committees.
(B) Contents.--The report submitted under
subparagraph (A)--
(i) shall include a comprehensive, detailed
report of the Foundation's operations,
activities, financial condition, and
accomplishments under this Act;
(ii) should include any information
regarding allegations or reports on the misuse
of funds and how such allegations or reports
were addressed by the Foundation; and
(iii) may include such recommendations as
the Foundation determines to be appropriate.
(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--
(A) the report required under paragraph (1);
(B) the report of any audit made by the Comptroller
General of the United States pursuant to subsection
(e); or
(C) any other matter requested by any such
committee.
(h) 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--
(1) may not receive compensation for services provided to
the grantee; and
(2) shall be entitled to reimbursement for travel and other
expenses incurred by the member in connection with the member's
other 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--
(1) coordinating activities carried out by the Foundation
and the successor or related entity; and
(2) ensuring that the activities of 1 entity do not
duplicate the activities of the other entity.
(b) Deadline.--The Foundation and the successor or related entity
described in subsection (a) shall enter into the memorandum of
understanding described in subsection (a) by not later than the later
of--
(1) 90 days after the date of the enactment of this Act, if
the successor or related entity is established on or before the
date of the enactment of this Act; or
(2) 90 days after the date on which the successor or
related entity is established, if such entity is established
after the date of the enactment of this Act.
(c) Submission to Secretary of State and Congress.--Not later than
30 days after the date on which the parties enter into the memorandum
of understanding described in subsection (a), the Foundation and the
successor or related entity described in subsection (a) shall submit a
copy of the memorandum of understanding described in subsection (a) to
the Secretary of State and to the appropriate congressional committees.
(d) Successor or Related Entity to the U.S. Russia Investment Fund
Defined.--In this section, the terms ``successor or related entity to
the U.S. Russia Investment Fund'' and ``successor or related entity''
mean 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 the
liquidation of assets upon closure of the U.S. Russia Investment Fund.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Countries of eurasia.--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--
(1) $15,000,000 for fiscal year 2009; and
(2) such sums as may be necessary for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriation under subsection (a) are authorized to
remain available until the date that is 2 years after the last day of
the fiscal year for which the amount was appropriated.
Calendar No. 754
110th CONGRESS
2d Session
S. 3024
[Report No. 110-342]
_______________________________________________________________________
A BILL
To authorize grants to the Eurasia Foundation, and for other purposes.
_______________________________________________________________________
June 2, 2008
Reported without amendment