§ 4413. Eligibility of the Endowment for grants

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   National Endowment for Democracy Act

   Pub. L. 98–164 title V § 504 · 97 Stat. 1017

   Enacted · 22 U.S.C. § 4413

   Pub. L. 98–164, title V, § 504, Nov. 22, 1983, 97 Stat. 1040

   Source evidence

   Code source credit
   Pub. L. 98–164, title V, § 504, Nov. 22, 1983, 97 Stat. 1040

   Enacted provision · exact public law section
   Sec. 504. eligibility of the endowment for grants (a) Grants may be made to the Endowment under this title only if the Endowment agrees to comply with the requirements specified in this section and elsewhere in this title. (b) (1) The Endowment may only provide funding for programs of private sector groups and may not carry out programs directly. (2) The Endowment may provide funding only for programs which are consistent with the purposes set forth in section 502(b). (c) (1) Officers of the Endowment may not receive any salary or other compensation from any source, other than the Endowment, for services rendered during the period of their employment by the Endowment. (2) 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 Endowment, that individual may not receive any compensation or travel expenses in connection with services performed for the Endowment. (d) (1) The Endowment shall not issue any shares of stock or Stock or dividends. declare or pay any dividends. (2) No part of the assets of the Endowment shall inure to the benefit of any member of the Board, any officer or employee of the Endowment, or any other individual, except as salary or reasonable compensation for services. (e) (1) The accounts of the Endowment shall be audited annually in Audits. 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. The audits shall be conducted at the place or places where the accounts of the Endowment are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Endowment and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (2) The report of each such independent audit shall be included in Report. the annual report required by subsection (h). The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Endowment'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 Endowment’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) (1) The financial transactions of the Endowment for each fiscal GAO audit. year may be audited by the 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 Report to Congress. 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 title. A copy Report to President. of each report shall be furnished to the President and to the Endowment at the time submitted to the Congress. (g) (1) The Endowment shall ensure that each recipient of assistance provided through the Endowment under this title 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) 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 title. The Comptroller General of the United States or any of his duly authorized representatives shall also have access thereto for such purpose. (h) Not later than December 31 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 title 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), or any other matter which any such committee may determine.

2. 1985

   Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

   Pub. L. 99–93 title II § 210(b) · 99 Stat. 405

   1. Added · 22 U.S.C. § 4413(g)(i)

      Pub. L. 99–93 added subsec. (g)

   2. Redesignated · 22 U.S.C. § 4413(g)(i)

      Pub. L. 99–93 redesignated existing subsecs. (g) and (h) as (h) and (i), respectively, and in subsec. (i) substituted “February 1” for “December 31”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Audits by USIA.— Section 504 of such Act is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively, and (2) by inserting after subsection (f) the following new subsection (g): “(g) The financial transactions of the Endowment for each Fiscal year may also be audited by the United States Information Agency under the conditions set forth in subsection (f)(1).”.

3. 1987

   Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

   Pub. L. 100–204 title II § 211 · 101 Stat. 1331

   Inserted · 22 U.S.C. § 4413(h)(1)

   Pub. L. 100–204 inserted “separate accounts with respect to such assistance and” after “keeps”

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 100–204 inserted “separate accounts with respect to such assistance and” after “keeps”.

   Enacted provision · exact public law section
   SEC. 211. SEPARATE ACCOUNTS FOR NED GRANTEES. Section 504(h) of the National Endowment for Democracy Act (22 U.S.C. 4413(h)) is amended by inserting “separate accounts with respect to such assistance and” after “keeps”.

4. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 211(d) · 105 Stat. 647

   Substituted · 22 U.S.C. § 4413(g)

   Pub. L. 102–138, § 211(d), substituted “shall” for “may also” before “be audited”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 102–138, § 211(d), substituted “shall” for “may also” before “be audited”.

   Enacted provision · exact public law section
   (d) Annual Audit.— Section 504(g) of the National Endowment for Democracy Act (22 U.S.C. 4413) is amended by striking out “may also” and inserting in lieu thereof “shall”.

5. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 215 · 105 Stat. 647

   Added · 22 U.S.C. § 4413(j)

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

   Source evidence

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

   Enacted provision · exact public law section
   SEC. 215. ELIGIBILITY OF NED FOR GRANTS. Section 504 of the National Endowment for Democracy Act (22 U.S.C. 4413) is amended by adding at the end thereof the following: “(j) 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.”.

6. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title II § 228 · 108 Stat. 382

   Substituted · 22 U.S.C. § 4413(h)(1)

   Pub. L. 103–236 substituted “bank accounts or separate self-balancing ledger accounts” for “accounts”

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 103–236 substituted “bank accounts or separate self-balancing ledger accounts” for “accounts”.

   Enacted provision · exact public law section
   SEC. 228. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES. Section 504(h)(1) of the National Endowment for Democracy Act (22 U.S.C. 4413(h)(1)) is amended by striking “accounts” and inserting “bank accounts or separate self-balancing ledger accounts”.

7. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 22 U.S.C. § 4413(f)(1)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

8 of 8 references resolved to an enrolled provision