22 U.S.C. § 5841: Authorization for…

Summary

Authorizes the President to create a private, nonprofit group called the Democracy Corps in Washington, D.C., to work in the independent states of the former Soviet Union. The President must appoint a Board of up to 10 U.S. citizen members who have relevant experience. Board members may not be U.S. Government employees or Members of Congress. The Agency for International Development (the “Administrator”) may give annual grants to the Democracy Corps so it can help build democratic institutions and civil society at the local level. The Corps must send teams of U.S. citizens to give person-to-person advice, technical help, and support local groups. It may make small grants, usually not more than $5,000, find other help sources, and run local centers (sometimes called “Democracy Houses”). Grants must follow a written agreement with rules on consultation with the coordinator named under section 5812(a), conflicts of interest, money accountability, and an annual independent audit. The Corps must coordinate with other programs and avoid duplicating them. It may not spend funds to finance political campaigns. The Corps must follow the Freedom of Information Act (section 552 of title 5) and give records to the Administrator for publication when needed; if it refuses a records request it must report the reasons and follow the Administrator’s decision, with AID handling legal defense if the Administrator approves. The Board must send a full report to the Administrator and Congress by January 31 each year listing all grants and amounts. Up to $15,000,000 was authorized for fiscal year 1993, and grants cannot be made after the end of fiscal year 1997. Definitions: “Administrator” = AID Administrator; “Board” = Board of Directors.

Title 22, §5841

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Establishment; purpose

The President is authorized to provide for the establishment of the Democracy Corps as a private 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 subsection (c).

(b)Board of Directors

The Board of Directors of the Democracy Corps shall have not more than 10 members, appointed by the President. Individuals appointed to the Board—

(1)shall, individually or through the organizations they represent, have experience and expertise appropriate to carrying out the purpose of the Democracy Corps, including involvement either with activities of the type described in subsection (d) or in the independent states;

(2)shall be United States citizens; and

(3)may not be officers or employees of the United States Government or Members of Congress.

(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 development of— (1)

(2)the nongovernmental organizations of a civil society (including charitable, educational, trade union, business, professional, voluntary, community, and other civic organizations),

by mobilizing the expertise of the American people to provide practical assistance through “on the ground” person-to-person advice, technical assistance, and small grants to indigenous individuals 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 expertise and knowledge. Under guidelines developed by the Board, these teams shall assist indigenous 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 assistance;

(2)making small grants (which in most cases should not exceed $5,000) to such individuals 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 information, logistical, and educational centers and otherwise encourage cooperation and effectiveness by those involved in the development of democratic institutions, a market-oriented economy, and a civil society in the independent states.

These local centers may be designated as “Democracy Houses” or given another appropriate appellation.

(e)Grant agreement

Grants under this section shall be made pursuant to a grant agreement requiring the Democracy 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 regarding consultation with the coordinator designated pursuant to section 5812(a) of this title, conflicts of interest, and accountability for funds, including a requirement for annual independent 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 assistance 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, cultural, 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 campaigns of candidates for public office.

(h)Freedom of information

(1)In general

Notwithstanding the fact that the Democracy Corps is not an agency or establishment of the United States Government, the Democracy 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 paragraph (1) with section 552(a)(1) of title 5, the Democracy Corps shall make available to the Administrator such records and other information as the Administrator determines may be necessary for such purposes. The Administrator shall cause such records and other information to be published in the Federal Register.

(3)AID review

In the event that the Democracy Corps determines not to comply with a request for records under section 552 of title 5, the Democracy Corps shall submit a report to the Administrator explaining the reasons for not complying with such request. If the Administrator approves such determination, the Agency for International Development shall assume full responsibility, including financial responsibility, for defending the Democracy Corps in any litigation relating to such request. If the Administrator disapproves such determination, 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)

(2)the term “Board” means the Board of Directors of the Democracy Corps.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (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.

§5841 Authorization for Establishment of Democracy Corps