Sec. 7032.
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/bill/117/hr/2471/enr/section-7032·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $2,600,000,000 should be made available for democracy programs. Of the funds made available for democracy programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia pursuant to paragraph (1), not less than $102,040,000 shall be made available to the Bureau of Democracy, Human Rights, and Labor, Department of State. Funds made available by this Act for democracy programs pursuant to subsection
(a)and under the heading National Endowment for Democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. Funds made available by this Act for the NED are made available pursuant to the authority of the National Endowment for Democracy Act (title V of Public Law 98–164 ), including all decisions regarding the selection of beneficiaries. For purposes of funds appropriated by this Act, the term democracy programs means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, labor rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens. Funds made available pursuant to this section that are made available for programs to strengthen government institutions shall be prioritized for those institutions that demonstrate a commitment to democracy and the rule of law. With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of the assistance, and the participants in such programs shall not be subject to prior approval by the government of any foreign country. If the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, determines that the government of the country is undemocratic or has engaged in or condoned harassment, threats, or attacks against organizations implementing democracy programs, any new bilateral agreement governing the terms and conditions under which assistance is provided to such country shall not require the disclosure of the names of implementing partners of democracy programs, and the Secretary of State and the USAID Administrator shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform to this requirement. The Secretary of State, in coordination with the USAID Administrator, shall submit a report to the appropriate congressional committees, not later than 90 days after enactment of this Act and every 90 days thereafter until September 30, 2023, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this Act in a manner that recognizes the unique benefits of grants and cooperative agreements in implementing such programs. Democracy programs supported with funds appropriated by this Act under subsection (a)(1) should, as appropriate— include— a component on digital security to enhance the safety of implementers and beneficiaries; assistance for civil society organizations to counter government surveillance, censorship, and repression by digital means; efforts to combat weaponized technology, including the misuse of social media to spread disinformation or incite hate; and measures to prevent the digital manipulation of elections, electoral data, and critical infrastructure; and incorporate activities to counter disinformation propagated by malign actors, including the People’s Republic of China and the Russian Federation. The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the NED of democracy programs that are planned and supported with funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. Of the funds appropriated by this Act under the headings Economic Support Fund and Democracy Fund , not less than $30,000,000 shall be made available to support and protect civil society activists and journalists who have been threatened, harassed, or attacked, including journalists affiliated with the United States Agency for Global Media. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $20,000,000 shall be made available for programs to protect international freedom of expression and independent media, including to implement the updated action plan required under section 7032(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ): , That funds appropriated by this Act under the heading Provided Diplomatic Programs shall be made available to the Bureau of Democracy, Human Rights, and Labor, Department of State, and funds appropriated by this Act under the heading Operating Expenses shall be made available to the Bureau for Development, Democracy, and Innovation, USAID, for the costs of administering such programs. Not later than 90 days after enactment of this Act, the USAID Administrator shall submit a report to the appropriate congressional committees detailing steps taken, or planned to be taken, by USAID to build expertise and capacity within the agency on implementing labor programs, in addition to providing a description of current implementation efforts. Funds appropriated by this Act that are made available for labor programs administered by USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
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- Pub. L. 98-164
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