Sec. 4. Authorities and limitation
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Funds that are authorized to be appropriated pursuant to the National Endowment for Democracy Act ( 22 U.S.C. 4412 ) or appropriated under any Act making appropriations for the Department of State, foreign operations, and related programs for the National Endowment for Democracy may be made available notwithstanding any other provision of law and any regulation. Funds that are 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.
With respect to the provision of assistance for democracy programs by relevant Federal 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 human 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 Administrator of the United States Agency for International Development 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 January 31, 2022, 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. The Assistant Secretary for Democracy, Human Rights, and Labor of the Department of State and the Assistant Administrator for Development, Democracy, and Innovation of USAID shall regularly inform the NED 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 of the National Endowment for Democracy Act ( 22 U.S.C. 4414 ).
Democracy programs supported by funds authorized to be appropriated pursuant to section 8 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.
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- Pub. L. 98-164
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