Sec. 4. Authorities and limitation
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Funds that are made available by this Act for the National Endowment for Democracy 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. With respect to the provision of assistance for democracy programs by relevant Federal departments and agencies, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the 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 a country is undemocratic or has engaged in gross violations of civil and political rights, any new bilateral agreement governing the terms and conditions under which assistance is provided to such a 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 180 days after the date of the enactment of this Act, and annually thereafter until September 30, 2026, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. Where it is determined by the Secretary of State, in consultation with the USAID Administrator, or the NED President, as appropriate, that a country is undemocratic or has engaged in gross violations of civil and political rights, the names of implementing persons and organizations of democracy activities and programs supported by the Department of State, USAID, or NED shall not be required under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ).
Not later than 180 days after the date of the enactment of this Act, the NED President shall submit a report to the appropriate committees on the uses of the authority provided in paragraph
(1)on a case-by-case basis, which shall be updated every 180 days thereafter. The Secretary of State and the USAID Administrator shall regularly inform the NED President of democracy programs that are planned and supported by such agencies, and the NED President shall regularly inform such Secretary and Administrator of programs that are planned and supported by the NED, consistent with the requirements of section 505(b) of the National Endowment for Democracy Act ( 22 U.S.C. 4414(b) ). Democracy programs supported by funds authorized to be appropriated pursuant to section 7 should include a component on digital security to enhance the security and safety of implementers and beneficiaries, including, as appropriate, assistance for civil society organizations to counter government surveillance, censorship, and repression by digital means. Section 504(g) of the National Endowment for Democracy Act ( 22 U.S.C. 4413(g) ) is amended by striking United States Information Agency and inserting Department of State Office of Inspector General .
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- Pub. L. 98-164
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