22 U.S.C. § 2152c — Programs to encourage good governance

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. Page 645 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152c 1092; amended Pub. L. 107–228, div. A, title VI, § 672(a), Sept. 30, 2002, 116 Stat. 1407; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.) Editorial Notes REFERENCES IN TEXT The Support for East European Democracy (SEED) Act of 1989, referred to in subsecs. (a)(2) and (e), is Pub. L. 101–179, Nov. 28, 1989, 103 Stat. 1298, which is classi- fied principally to chapter 63 (§ 5401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of this title and Tables. Section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, referred to in subsec. (a)(4)(B)(ii), is section 907 of Pub. L. 102–511, which is set out as a note under sec- tion 5812 of this title. AMENDMENTS 2011—Subsec. (d). Pub. L. 112–74 struck out subsec. (d) which related to biennial reports. 2002—Subsec. (d). Pub. L. 107–228, § 672(a)(1), sub- stituted ‘‘Biennial reports’’ for ‘‘Annual report’’ in heading. Subsec. (d)(1). Pub. L. 107–228, § 672(a)(2), substituted ‘‘a biennial report’’ for ‘‘an annual report’’ in introduc- tory provisions and ‘‘preceding two-year period’’ for ‘‘prior year’’ in subpars. (A) and (B). Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. TRANSITION Pub. L. 107–228, div. A, title VI, § 672(b), Sept. 30, 2002, 116 Stat. 1408, provided that: ‘‘The first biennial report under section 133(d) of the Foreign Assistance Act of 1961 ([former] 22 U.S.C. 2152c(d)), as amended by sub- section (a), is required to be submitted not later than two years after the date of submission of the last an- nual report required under such section 133 (as in effect before the date of enactment of this Act [Sept. 30, 2002]).’’ FINDINGS AND PURPOSE Pub. L. 106–309, title II, § 202, Oct. 17, 2000, 114 Stat. 1090, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Widespread corruption endangers the stability and security of societies, undermines democracy, and jeopardizes the social, political, and economic devel- opment of a society. ‘‘(2) Corruption facilitates criminal activities, such as money laundering, hinders economic development, inflates the costs of doing business, and undermines the legitimacy of the government and public trust. ‘‘(3) In January 1997 the United Nations General As- sembly adopted a resolution urging member states to carefully consider the problems posed by the inter- national aspects of corrupt practices and to study ap- propriate legislative and regulatory measures to en- sure the transparency and integrity of financial sys- tems. ‘‘(4) The United States was the first country to criminalize international bribery through the enact- ment of the Foreign Corrupt Practices Act of 1977 [Pub. L. 95–213, title I, see Tables for classification] and United States leadership was instrumental in the passage of the Organization for Economic Coopera- tion and Development (OECD) Convention on Com- batting Bribery of Foreign Public Officials in Inter- national Business Transactions. ‘‘(5) The Vice President, at the Global Forum on Fighting Corruption in 1999, declared corruption to be a direct threat to the rule of law and the Secretary of State declared corruption to be a matter of pro- found political and social consequence for our efforts to strengthen democratic governments. ‘‘(6) The Secretary of State, at the Inter-American Development Bank’s annual meeting in March 2000, declared that despite certain economic achievements, democracy is being threatened as citizens grow weary of the corruption and favoritism of their official in- stitutions and that efforts must be made to improve governance if respect for democratic institutions is to be regained. ‘‘(7) In May 1996 the Organization of American States (OAS) adopted the Inter-American Convention Against Corruption requiring countries to provide various forms of international cooperation and assist- ance to facilitate the prevention, investigation, and prosecution of acts of corruption. ‘‘(8) Independent media, committed to fighting cor- ruption and trained in investigative journalism tech- niques, can both educate the public on the costs of corruption and act as a deterrent against corrupt of- ficials. ‘‘(9) Competent and independent judiciary, founded on a merit-based selection process and trained to en- force contracts and protect property rights, is crit- ical for creating a predictable and consistent environ- ment for transparency in legal procedures. ‘‘(10) Independent and accountable legislatures, re- sponsive political parties, and transparent electoral processes, in conjunction with professional, account- able, and transparent financial management and pro- curement policies and procedures, are essential to the promotion of good governance and to the combat of corruption. ‘‘(11) Transparent business frameworks, including modern commercial codes and intellectual property rights, are vital to enhancing economic growth and decreasing corruption at all levels of society. ‘‘(12) The United States should attempt to improve accountability in foreign countries, including by— ‘‘(A) promoting transparency and accountability through support for independent media, promoting financial disclosure by public officials, political parties, and candidates for public office, open budg- eting processes, adequate and effective internal control systems, suitable financial management systems, and financial and compliance reporting; ‘‘(B) supporting the establishment of audit of- fices, inspectors general offices, third party moni- toring of government procurement processes, and anti-corruption agencies; ‘‘(C) promoting responsive, transparent, and ac- countable legislatures that ensure legislative over- sight and whistle-blower protection; ‘‘(D) promoting judicial reforms that criminalize corruption and promoting law enforcement that prosecutes corruption; ‘‘(E) fostering business practices that promote transparent, ethical, and competitive behavior in the private sector through the development of an effective legal framework for commerce, including anti-bribery laws, commercial codes that incor- porate international standards for business prac- tices, and protection of intellectual property rights; and ‘‘(F) promoting free and fair national, state, and local elections. ‘‘(b) PURPOSE.—The purpose of this title [see Short Title of 2000 Amendments note set out under section 2151 of this title] is to ensure that United States assist- ance programs promote good governance by assisting other countries to combat corruption throughout soci- Page 646 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152d ety and to improve transparency and accountability at all levels of government and throughout the private sector.’’ DEADLINE FOR INITIAL REPORT Pub. L. 106–309, title II, § 205(b), Oct. 17, 2000, 114 Stat. 1094, required transmission of the initial annual report under former 22 U.S.C. 2152c(d)(1) not later than 180 days after Oct. 17, 2000. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2152d. Assistance to foreign countries to meet minimum standards for the elimination of trafficking (a) Authorization The President is authorized to provide assist- ance to foreign countries directly, or through nongovernmental and multilateral organiza- tions, for programs, projects, and activities de- signed to meet the minimum standards for the elimination of trafficking (as defined in section 7102 of this title), including— (1) the drafting of laws to prohibit and pun- ish acts of trafficking; (2) the investigation and prosecution of traf- fickers, including investigation of individuals and entities that may be involved in traf- ficking in persons involving sexual exploi- tation; (3) the creation and maintenance of facili- ties, programs, projects, and activities for the protection of victims; and (4) the expansion of exchange programs and international visitor programs for govern- mental and nongovernmental personnel to combat trafficking. (b) 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. Assistance may be provided under this sec- tion notwithstanding section 2420 of this title. (Pub. L. 87–195, pt. I, § 134, as added Pub. L. 106–386, div. A, § 109, Oct. 28, 2000, 114 Stat. 1481; amended Pub. L. 108–193, § 6(f), Dec. 19, 2003, 117 Stat. 2883; Pub. L. 110–457, title I, § 103(b), Dec. 23, 2008, 122 Stat. 5046.) Editorial Notes REFERENCES IN TEXT The Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (b), is Pub. L. 101–179, Nov. 28, 1989, 103 Stat. 1298, which is classified prin- cipally to chapter 63 (§ 5401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of this title and Tables. AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–457 inserted ‘‘, including investigation of individuals and entities that may be involved in trafficking in persons involv- ing sexual exploitation’’ before semicolon at end. 2003—Subsec. (b). Pub. L. 108–193 inserted at end ‘‘As- sistance may be provided under this section notwith- standing section 2420 of this title.’’ Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2152e. Program to improve building construc- tion and practices in Latin American coun- tries (a) In general The President, acting through the Adminis- trator of the United States Agency for Inter- national Development, is authorized, under such terms and conditions as the President may de- termine, to carry out a program to improve building construction codes and practices in Ec- uador, El Salvador, and other Latin American countries (in this section referred to as the ‘‘program’’). (b) Program description (1) In general The program shall be in the form of grants to, or contracts with, organizations described in paragraph (2) to support the following ac- tivities: (A) Training Training of appropriate professionals in Latin America from both the public and pri- vate sectors to enhance their understanding of building and housing codes and standards. (B) Translation and distribution Translating and distributing in the region detailed construction manuals, model build- ing codes, and publications from organiza- tions described in paragraph (2), including materials that address zoning, egress, fire and life safety, plumbing, sewage, sanita- tion, electrical installation, mechanical in- stallation, structural engineering, and seis- mic design. (C) Other assistance Offering other relevant assistance as need- ed, such as helping government officials de- velop seismic micro-zonation maps or draft pertinent legislation, to implement building codes and practices that will help improve the resistance of buildings and housing in the region to seismic activity and other nat- ural disasters.