22 U.S.C. § 5841 — Authorization for establishment of De-

Page 1714 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5841 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Overseas Private Investment Corpora- tion to the United States International Development Finance Corporation and treatment of related ref- erences, see sections 9683 and 9686(d) of this title. SUBCHAPTER III—THE DEMOCRACY CORPS § 5841. Authorization for establishment of De- mocracy Corps (a) Establishment; purpose The President is authorized to provide for the establishment of the Democracy Corps as a pri- vate nonprofit organization, incorporated in the District of Columbia, whose purpose shall be to maintain a presence in the independent states of the former Soviet Union as described in sub- section (c). (b) Board of Directors The Board of Directors of the Democracy Corps shall have not more than 10 members, ap- pointed by the President. Individuals appointed to the Board— (1) shall, individually or through the organi- zations they represent, have experience and expertise appropriate to carrying out the pur- pose of the Democracy Corps, including in- volvement either with activities of the type described in subsection (d) or in the inde- pendent states; (2) shall be United States citizens; and (3) may not be officers or employees of the United States Government or Members of Con- gress. (c) Grants to Democracy Corps; purpose The Administrator is authorized to make an annual grant to the Democracy Corps with the funds made available pursuant to this section. The purpose of such grants shall be to enable the Democracy Corps to maintain a presence in independent states of the former Soviet Union that will assist at the local level in the develop- ment of— (1) institutions of democratic governance (including judicial, electoral, legislative, and administrative processes), and (2) the nongovernmental organizations of a civil society (including charitable, edu- cational, trade union, business, professional, voluntary, community, and other civic organi- zations), by mobilizing the expertise of the American peo- ple to provide practical assistance through ‘‘on the ground’’ person-to-person advice, technical assistance, and small grants to indigenous indi- viduals and indigenous entities, in accordance with subsection (d). (d) Activities The Democracy Corps shall be required to carry out its purpose through the placement within the independent states of teams of United States citizens with appropriate exper- tise and knowledge. Under guidelines developed by the Board, these teams shall assist indige- nous individuals and entities in the independent states that are involved in the development of the institutions and organizations referred to in paragraphs (1) and (2) of subsection (c) by— (1) providing advice and technical assist- ance; (2) making small grants (which in most cases should not exceed $5,000) to such individ- uals and entities to assist the development of those institutions and organizations; (3) identifying other sources of assistance; and (4) operating local centers to serve as infor- mation, logistical, and educational centers and otherwise encourage cooperation and ef- fectiveness by those involved in the develop- ment of democratic institutions, a market-ori- ented economy, and a civil society in the inde- pendent states. These local centers may be designated as ‘‘De- mocracy Houses’’ or given another appropriate appellation. (e) Grant agreement Grants under this section shall be made pursu- ant to a grant agreement requiring the Democ- racy Corps to comply with the requirements specified in this section and with such other terms and conditions as the Administrator may require, which shall include requirements re- garding consultation with the coordinator des- ignated pursuant to section 5812(a) of this title, conflicts of interest, and accountability for funds, including a requirement for annual inde- pendent audits. (f) Coordination The Democracy Corps shall be required to— (1) coordinate its activities pursuant to this section with the programs and activities of other entities operating in or providing assist- ance to the independent states of the former Soviet Union in support of the development of democratic institutions, a market-oriented economy, and a civil society; and (2) ensure that its activities pursuant to this section are designed to avoid duplication with activities carried out under other United States Government foreign assistance and international information, educational, cul- tural, and exchange programs. (g) Prohibition on campaign financing Funds made available to the Democracy Corps under this section may not be expended by the Democracy Corps, or any recipient of a grant from the Democracy Corps, to finance the cam- paigns of candidates for public office. (h) Freedom of information (1) In general Notwithstanding the fact that the Democ- racy Corps is not an agency or establishment of the United States Government, the Democ- racy Corps shall be required to comply fully with all of the provisions of section 552 of title 5. (2) Publication in Federal Register For purposes of complying pursuant to para- graph (1) with section 552(a)(1) of title 5, the Democracy Corps shall make available to the Administrator such records and other infor- mation as the Administrator determines may Page 1715 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5852 be necessary for such purposes. The Adminis- trator shall cause such records and other in- formation to be published in the Federal Reg- ister. (3) AID review In the event that the Democracy Corps de- termines not to comply with a request for records under section 552 of title 5, the Democ- racy Corps shall submit a report to the Admin- istrator explaining the reasons for not com- plying with such request. If the Administrator approves such determination, the Agency for International Development shall assume full responsibility, including financial responsi- bility, for defending the Democracy Corps in any litigation relating to such request. If the Administrator disapproves such determina- tion, the Democracy Corps shall be required to comply with such request. (i) Annual reports The Board shall be required to submit to the Administrator and the Congress, not later than January 31 each year, a comprehensive report on the activities of the Democracy Corps. Each such report shall list each grant made by the Democracy Corps under subsection (d)(2) during the preceding fiscal year, specifying the grantee and the amount of the grant. (j) Authorization of appropriations Of the amount authorized to be appropriated to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.], up to $15,000,000 for fiscal year 1993 are authorized to be appropriated for grants to the Democracy Corps under this section, in addition to amounts otherwise available for such purpose. (k) Sunset provision Grants may not be made to the Democracy Corps under this section after the end of fiscal year 1997. (l) Definitions As used in this section— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Agency for International Development; and (2) the term ‘‘Board’’ means the Board of Di- rectors of the Democracy Corps. (Pub. L. 102–511, title IV, § 401, Oct. 24, 1992, 106 Stat. 3335.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (j), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 11 of part I of the Act is classified generally to part XI (§ 2295 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. SUBCHAPTER IV—NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVI- TIES § 5851. Findings The Congress finds that it is in the national security interest of the United States— (1) to facilitate, on a priority basis— (A) the transportation, storage, safe- guarding, and destruction of nuclear and other weapons of mass destruction of the independent states of the former Soviet Union; (B) the prevention of proliferation of weap- ons of mass destruction and destabilizing conventional weapons of the independent states, and the establishment of verifiable safeguards against the proliferation of such weapons; (C) the prevention of diversion of weapons- related scientific expertise of the former So- viet Union to terrorist groups or third coun- tries; and (D) other efforts designed to reduce the military threat from the former Soviet Union; (2) to support the conversion of the massive defense-related industry and equipment of the independent states of the former Soviet Union for civilian purposes and uses; and (3) to expand military-to-military contacts between the United States and the inde- pendent states. (Pub. L. 102–511, title V, § 501, Oct. 24, 1992, 106 Stat. 3338.) § 5852. Eligibility Funds may be obligated for a fiscal year for assistance or other programs or activities for an independent state of the former Soviet Union under sections 5853 and 5854 of this title only if the President has certified to the Congress, dur- ing that fiscal year, that such independent state is committed to— (1) making a substantial investment of its resources for dismantling or destroying such weapons of mass destruction, if that inde- pendent state has an obligation under a treaty or other agreement to destroy or dismantle any such weapons; (2) forgoing any military modernization pro- gram that exceeds legitimate defense require- ments and forgoing the replacement of de- stroyed weapons of mass destruction; (3) forgoing any use in new nuclear weapons of fissionable or other components of de- stroyed nuclear weapons; and (4) facilitating United States verification of any weapons destruction carried out under section 5853(a) or 5854(a) of this title or section 212 of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102–228; 22 U.S.C. 2551 note). (Pub. L. 102–511, title V, § 502, Oct. 24, 1992, 106 Stat. 3338.) Editorial Notes REFERENCES IN TEXT Section 212 of the Soviet Nuclear Threat Reduction Act of 1991, referred to in par. (4), is section 212 of Pub. L. 102–228, title II, Dec. 12, 1991, 105 Stat. 1693, which was set out in a note under section 2551 of this title, and was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(1), Dec. 19, 2014, 128 Stat. 3606.