22 U.S.C. § 2152b — Transferred

Page 644 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152b ed Pub. L. 108–31, § 3, June 17, 2003, 117 Stat. 776, related to microenterprise development grant assistance. § 2152b. Transferred Editorial Notes CODIFICATION Section, Pub. L. 87–195, pt. I, § 132, as added Pub. L. 106–309, title I, § 107(a), Oct. 17, 2000, 114 Stat. 1086, which related to United States Microfinance Loan Facility, was renumbered section 257 of Pub. L. 87–195 by Pub. L. 108–484, § 5(a), (b), Dec. 23, 2004, 118 Stat. 3927, and trans- ferred to section 2213 of this title. § 2152c. Programs to encourage good governance (a) Establishment of programs (1) In general The President is authorized to establish pro- grams that combat corruption, improve trans- parency and accountability, and promote other forms of good governance in countries described in paragraph (2). (2) Countries described A country described in this paragraph is a country that is eligible to receive assistance under subchapter I of this chapter (including part IV of subchapter II of this chapter) or the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.]. (3) Priority In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In deter- mining which countries have the most per- sistent problems with public and private cor- ruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other rel- evant criteria. (4) Relation to other laws (A) In general Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts as- sistance to foreign countries. Assistance provided under a program established pursu- ant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sen- tence may not be provided directly to the government of the country. (B) Exception Subparagraph (A) does not apply with re- spect to— (i) section 2371 of this title or any com- parable provision of law prohibiting assist- ance to countries that support inter- national terrorism; or (ii) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992. (b) Specific projects and activities The programs established pursuant to sub- section (a) shall include, to the extent appro- priate, projects and activities that— (1) support responsible independent media to promote oversight of public and private insti- tutions; (2) implement financial disclosure among public officials, political parties, and can- didates for public office, open budgeting proc- esses, and transparent financial management systems; (3) support the establishment of audit of- fices, inspectors general offices, third party monitoring of government procurement proc- esses, and anti-corruption agencies; (4) promote responsive, transparent, and ac- countable legislatures and local governments that ensure legislative and local oversight and whistle-blower protection; (5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage pros- ecutions of criminal corruption; (6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote trans- parent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights; (7) promote free and fair national, state, and local elections; (8) foster public participation in the legisla- tive process and public access to government information; and (9) engage civil society in the fight against corruption. (c) Conduct of projects and activities Projects and activities under the programs es- tablished pursuant to subsection (a) may in- clude, among other things, training and tech- nical assistance (including drafting of anti-cor- ruption, privatization, and competitive statu- tory and administrative codes), drafting of anti- corruption, privatization, and competitive stat- utory and administrative codes, support for independent media and publications, financing of the program and operating costs of non- governmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities. (d) Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217 (e) Funding Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chap- ter) and the Support for East European Democ- racy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to carry out this sec- tion. (Pub. L. 87–195, pt. I, § 133, as added Pub. L. 106–309, title II, § 205(a), Oct. 17, 2000, 114 Stat.