(E) expenses of preparing and transporting to their former homes or places of burial the remains of foreign participants or members of the family of foreign participants, who may die while such participants are away from their homes participating in activities carried out with funds covered by this section;

(F) notwithstanding any other provision of law, transportation and payment of per diem in lieu of subsistence to foreign participants engaged in activities of the program under this section while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations;

(G) expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stop-overs while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more economical to authorize storage; and

(H) grants to, and cooperative agreements and contracts with, any individual, corporation, or other body of persons, nonprofit organization, friendly government or government agency, whether within or without the United States, and international organizations, as the Secretary determines is appropriate to carry out the purposes of this section. (4) Whenever the Secretary determines it to be consistent with the purposes of this section, the Secretary is authorized to furnish services and commodities on an advance-of-funds basis to any friendly country or international organization that is not otherwise prohibited from receiving assistance under this Act. Such advances may be credited to the currently applicable appropriation, account, or fund of the Department of the Treasury and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used. (e) ISSUANCE OF REGULATIONS.-The Secretary is authorized to issue such regulations with respect to personal service contractors as the Secretary deems necessary to carry out this section.

(f) RULE OF CONSTRUCTION.-Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).

(g) TERMINATION OF ASSISTANCE.-The Secretary shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) if

the Secretary, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner.

(h) REPORT.—

(1) IN GENERAL.-Not later than 3 months after the date of the enactment of this section, and every 6 months thereafter, the Secretary shall prepare and submit to the appropriate congressional committees a report on the conduct of the program established under this section during the preceding 6-month period.

(2) DEFINITION.-In this subsection, the term "appropriate congressional committees" means—

(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(i) DEFINITIONS.-In this section:

(1) DEVELOPING OR TRANSITIONAL COUNTRY.-The term "developing or transitional country" means a country eligible to receive development assistance under this chapter.

(2) INTERNATIONAL FINANCIAL INSTITUTION.-The term "international financial institution" means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa.

(3) SECRETARY.-The term "Secretary" means the Secretary of the Treasury.

(4) TECHNICAL ASSISTANCE.-The term "technical assistance" includes

(A) the use of short-term and long-term expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1);

(B) training in the recipient country, the United States, or elsewhere for the purposes described in subsection (b)(1);

(C) grants of goods, services, or funds to foreign governments and foreign central banks;

(D) grants to United States nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and

(E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such officials.

(5) FOREIGN PARTICIPANT.-The term "foreign participant❞ means the national of a developing or transitional country that is receiving assistance under the program established under subsection (a) who has been designated to participate in activities under such program.

(j) AUTHORIZATION OF APPROPRIATIONS. —

(1) IN GENERAL.-There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999.

(2) AVAILABILITY OF AMOUNTS. -Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended.

SEC. 130.125 ASSISTANCE FOR VICTIMS OF TORTURE.

(a) IN GENERAL.-The President is authorized to provide assistance for the rehabilitation of victims of torture.

(b) ELIGIBILITY FOR GRANTS.-Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture.

(c) USE OF FUNDS.-Such assistance shall be available

(1) for direct services to victims of torture; and

(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).

SEC. 131.126 MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. *** [Repealed-2004]

SEC. 132.127 UNITED STATES MICROFINANCE LOAN FACILITY. [Transferred and redesignated as sec. 257-2004]

SEC. 133.128 PROGRAMS TO ENCOURAGE GOOD GOVERNANCE. (a) ESTABLISHMENT OF PROGRAMS.

(1) IN GENERAL.-The President is authorized to establish programs that combat corruption, improve transparency and

125 22 U.S.C. 2152. Added by sec. 4(a) of the Torture Victims Relief Act of 1998 (Public Law 105-320; 112 Stat. 3016), as sec. 129, effective October 1, 1998. See also sec. 4(b) of that Act, which authorized $5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year 2000 to carry out this section. Sec. 6(a) of Public Law 106-87 (113 Stat. 1302) redesignated as sec. 130.

Sec. 2 of the Torture Victims Relief Reauthorization Act of 1999 (Public Law 106-87; 113 Stat. 1301) provided the following:

"SEC. 2. FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE.

"(a) AUTHORIZATION OF APPROPRIATIONS.-Of the amounts authorized to be appropriated for fiscal years 2001, 2002, and 2003 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $10,000,000 for fiscal year 2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal year 2003 to carry out section 130 of the Foreign Assistance Act of 1961.

"(b) AVAILABILITY OF FUNDS.-Amounts appropriated pursuant to this section shall remain available until expended.".

See also legislation relating to torture victims relief in Legislation on Foreign Relations Through 2004, vol. I-B.

126 Formerly at 22 U.S.C. 2152a. Repealed by sec. 8(a) of the Microenterprise Results and Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922). Originally added by sec. 105 of the Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 1082). 127 Formerly at 22 U.S.C. 2152b; redesignated as 22 U.S.C. 2213. Transferred to title VI of chapter 2 of part I of this Act as sec. 257 by sec. 5 of the Microenterprise Results and Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922). Originally added by sec. 107(a) of the Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 106-309, 114 Stat. 1086). 128 22 U.S.C. 2152c. Added by sec. 205(a) of the International Anti-Corruption and Good Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092).

accountability, and promote other forms of good governance in countries described in paragraph (2).

(2) COUNTRIES DESCRIBED.-A country described in this paragraph is a country that is eligible to receive assistance under this part (including chapter 4 of part II of this Act) or the Support for East European Democracy (SEED) Act of 1989.

(3) PRIORITY.—In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria.

(4) RELATION TO OTHER LAWS. —

(A) IN GENERAL.-Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sentence may not be provided directly to the government of the country.

(B) EXCEPTION.-Subparagraph (A) does not apply with respect to

(i) section 620A of this Act or any comparable provision of law prohibiting assistance to countries that support international terrorism; or

(ii) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.

(b) SPECIFIC PROJECTS AND ACTIVITIES.-The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that

(1) support responsible independent media to promote oversight of public and private institutions;

(2) implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems;

(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies;

(4) promote responsive, transparent, and accountable legislatures and local governments that ensure legislative and local oversight and whistle-blower protection;

(5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption;

(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights;

(7) promote free and fair national, state, and local elections; (8) foster public participation in the legislative process and public access to government information; and

(9) engage civil society in the fight against corruption. (c) CONDUCT OF PROJECTS AND ACTIVITIES.-Projects and activities under the programs established pursuant to subsection (a) may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and competitive statutory and administrative codes), drafting of anti-corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities.

(d) 129 BIENNIAL REPORTS.

(1) IN GENERAL.-The Secretary of State, in consultation with the Secretary of Commerce and the Administrator of the United States Agency for International Development, shall prepare and transmit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a biennial report on

130

(A) projects and activities carried out under programs established under subsection (a) for the preceding two-year period 131 in priority countries identified pursuant to subsection (a)(3); and

(B) projects and activities carried out under programs to combat corruption, improve transparency and accountability, and promote other forms of good governance estab

129 Sec. 672(a)(1) of the Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out "ANNUAL REPORT" and inserted in lieu thereof "BIENNIAL REPORTS.". Subsec. (b) of that section further provided the following:

“(b) TRANSITION.-The first biennial report under section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as amended by subsection (a), is required to be submitted not later than two years after the date of submission of the last annual report required under such section 133 (as in effect before the date of enactment of this Act).".

Previously, sec. 205(b) of the International Anti-Corruption and Good Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) required the following:

"(b) DEADLINE FOR INITIAL REPORT.-The initial annual report required by section 133(d)(1) of the Foreign Assistance Act of 1961, as added by subsection (a), shall be transmitted not later than 180 days after the date of the enactment of this Act.".

130 Sec. 672(a)(2)(A) of the Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out "an annual report" and inserted in lieu thereof "a biennial report".

131 Sec. 672(a)(2)(B) of the Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out "prior year" and inserted in lieu thereof "preceding two-year period".