§ 5841. — Authorization for establishment of Democracy Corps.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5841]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 67--FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND
OPEN MARKETS SUPPORT
SUBCHAPTER III--THE DEMOCRACY CORPS
Sec. 5841. Authorization for establishment of Democracy Corps
(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) of this section.
(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) of this
section 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) institutions of democratic governance (including judicial,
electoral, legislative, and administrative processes), and
(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) of this section.
(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) of this section 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) of this
section 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 Administrator of the
Agency for International Development; and
(2) the term ``Board'' means the Board of Directors of the
Democracy Corps.
(Pub. L. 102-511, title IV, Sec. 401, Oct. 24, 1992, 106 Stat. 3335.)
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, as amended. Chapter 11 of
part I of the Act is classified generally to part XI (Sec. 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.
