22 U.S.C. § 2152c : US Code - Section 2152C: Programs to encourage good governance

Search 22 U.S.C. § 2152c : US Code - Section 2152C: Programs to encourage good governance

(a) Establishment of programs
(1) In general
The President is authorized to establish programs that combat
corruption, improve transparency 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
determining which countries have the most persistent problems
with public and private corruption 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 relevant 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 assistance to foreign
countries. Assistance provided under a program established
pursuant to paragraph (1) for a country that would otherwise be
restricted from receiving such assistance but for the preceding
sentence may not be provided directly to the government of the
country.
(B) Exception
Subparagraph (A) does not apply with respect to -
(i) section 2371 of this title or any comparable provision
of law prohibiting assistance to countries that support
international 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 subsection (a) of this
section shall include, to the extent appropriate, projects and
activities that -
(1) support responsible independent media to promote oversight
of public and private institutions;
(2) implement financial disclosure among public officials,
political parties, and candidates for public office, open
budgeting processes, and transparent financial management
systems;
(3) support the establishment of audit offices, inspectors
general offices, third party monitoring of government procurement
processes, and anti-corruption agencies;
(4) promote responsive, transparent, and accountable
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 prosecutions of criminal corruption;
(6) assist in the development of a legal framework for
commercial transactions that fosters business practices that
promote transparent, 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 legislative 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 established pursuant
to subsection (a) of this section may include, among other things,
training and technical assistance (including drafting of anti-
corruption, privatization, and competitive statutory and
administrative codes), drafting of anti-corruption, privatization,
and competitive statutory and administrative codes, support for
independent media and publications, financing of the program and
operating costs of nongovernmental 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) Biennial reports
(1) In general
The Secretary of State, in consultation with the Secretary of
Commerce and the Administrator of the United States Agency for
International Development, shall prepare and transmit to the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee
on Foreign Relations and the Committee on Appropriations of the
Senate a biennial report on -
(A) projects and activities carried out under programs
established under subsection (a) of this section for the
preceding two-year period in priority countries identified
pursuant to subsection (a)(3) of this section; and
(B) projects and activities carried out under programs to
combat corruption, improve transparency and accountability, and
promote other forms of good governance established under other
provisions of law for the preceding two-year period in such
countries.
(2) Required contents
The report required by paragraph (1) shall contain the
following information with respect to each country described in
paragraph (1):
(A) A description of all United States Government-funded
programs and initiatives to combat corruption and improve
transparency and accountability in the country.
(B) A description of United States diplomatic efforts to
combat corruption and improve transparency and accountability
in the country.
(C) An analysis of major actions taken by the government of
the country to combat corruption and improve transparency and
accountability in the country.
(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 chapter) and the Support for East European Democracy (SEED)
Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to
carry out this section.