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with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment.1131 (b) AUTHORITY TO PROVIDE ASSISTANCE.

(1) AUTHORITY.—The Director of the Trade and Development Agency is authorized to work with foreign countries, including those in which the United States development programs have been concluded or those not receiving assistance under part I, to carry out the purpose of this section by providing funds for feasibility studies, architectural and engineering design, and other activities related to development projects which provide opportunities for the use of United States exports.

(2) USE OF FUNDS.-Funds under this section may be used to provide support for feasibility studies for the planning, development, and management of, and procurement for, bilateral and multilateral development projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States goods and services in such projects. Funds under this section may also be used for architectural and engineering design, including

(A) concept design, which establishes the basic technical and operational criteria for a project, such as architectural drawings for a proposed facility, evaluation of site constraints, procurement requirements, and equipment specifications; and

(B) detail design, which sets forth specific dimensions and criteria for structural, mechanical, electrical, and architectural operations, and identifies other resources re

quired for project operations. (3) INFORMATION DISSEMINATION. (A) The Trade and Development Agency shall disseminate information about its project activities to the private sector.

(B) Other agencies of the United States Government shall cooperate with the Trade and Development Agency in order for the Agency to provide more effectively informational services to persons in the private sector concerning trade development and export promotion related to development projects.

(4) NONAPPLICABILITY OF OTHER PROVISIONS.—Any funds used for purposes of this section may be used notwithstanding any other provision of law.

(5) 1132 CONTRIBUTIONS TO COSTS.—The Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to—

(A) share the costs of feasibility studies and other project planning services funded under this section; and

(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or en

tity concerned succeeds in project implementation. (c) DIRECTOR AND PERSONNEL.—

1191 Sec. 5(a) of the Export Enhancement Act of 1998 (Public Law 106–158; 113 Stat. 1746) inserted “, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment”.

1132 Sec. 5(b) of the Export Enhancement Act of 1998 (Public Law 106–158; 113 Stat. 1746) added para. (5).

(1) DIRECTOR.—There shall be at the head of the Trade and Development Agency a Director who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) OFFICERS AND EMPLOYEES.—(A) The Director may appoint such officers and employees of the Trade and Development Agency as the Director considers appropriate.

(B) The officers and employees appointed under this paragraph shall have such functions as the Director may deter

mine; of the othe appointeode, gove

(C) Of the officers and employees appointed under this paragraph, 2 may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be compensated without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title.

(D) Under such regulations as the President may prescribe, any individual appointed under subparagraph (C) may be entitled, upon removal (except for cause) from the position to which the appointment was made, to reinstatement to the position occupied by that individual at the time of appointment or

to a position of comparable grade and pay. (d) ANNUAL REPORT.-The President shall, not later than December 31 of each year, submit to the Committee on Foreign Affairs 1133 of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the Trade and Development Agency in the preceding fiscal year. (e) AUDITS.

(1) IN GENERAL.—The Trade and Development Agency shall be subject to the provisions of chapter 35 of title 31, United States Code, except as otherwise provided in this section.

(2) INDEPENDENT AUDIT.—An independent certified public accountant shall perform a financial and compliance audit of the financial statements of the Trade and Development Agency each year, in accordance with generally accepted Government auditing standards for a financial and compliance audit, taking into consideration any standards recommended by the Comptroller General. The independent certified public accountant shall report the results of such audit to the Director of the Trade and Development Agency. The financial statements of the Trade and Development Agency shall be presented in accordance with generally accepted accounting principles. These financial statements and the report of the accountant shall be included in a report which contains, to the extent applicable, the information identified in section 3512 of title 31, United States Code, and which the Trade and Development Agency shall submit to the Congress not later than 612 months after the end of the last fiscal year covered by the audit. The Comptroller General may review the audit conducted by the accountant and the report to the Congress in the manner and at such times as the Comptroller General considers necessary.

1133 Sec. 1(a/5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

(3) AUDIT BY COMPTROLLER GENERAL.-In lieu of the financial and compliance audit required by paragraph (2), the Comptroller General shall, if the Comptroller General considers it necessary or upon the request of the Congress, audit the financial statements of the Trade and Development Agency in the manner provided in paragraph (2).

(4) AVAILABILITY OF INFORMATION.-All books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Trade and Development Agency and the accountant who conducts the audit under paragraph (2), which are necessary for purposes of this subsection, shall be made available to the representatives of the General Account

ing Office designated by the Comptroller General. (f) FUNDING.

(1) 1134 AUTHORIZATION.-(A) There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $48,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter.

(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.

(2) FUNDING FOR TECHNICAL ASSISTANCE GRANTS BY MULTILATERAL DEVELOPMENT BANKS.—(A) The Trade and Development Agency should, in carrying out its program, provide, as appropriate, funds 1135 to multilateral development banks for technical assistance grants.

1134 Sec. 201 of the Jobs Through Trade Expansion Act of 1994 (Public Law 103–392; 108 Stat.

restated para. (1) of subsec. (f), to add subpara. designations (A) and (B), and to state authorization levels for fiscal years 1995 and 1996. Sec. 5(X1) of the Export Enhancement Act of 1999 (Public Law 106-158; 113 Stat. 1746) struck out language establishing 1995-96 levels and inserted “$48,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter”.

Authorizations under this section in recent years include: fiscal year 1977_$2.000.000: fiscal year 1978–$2,000,000; fiscal year 1979–$3,000,000; fiscal year 1980–$3,800,000; fiscal year 1981-$4,000,000; fiscal year 1982–$6,907,000; fiscal year 1983—$6,907,000; fiscal year 1984 $22,000,000; fiscal year 1985—no authorization; fiscal year 1986—$20,000,000; fiscal year 1987-$20,000,000; fiscal year 1988--no authorization; fiscal year 1989-no authorization; fiscal year 1990-no authorization: fiscal year 1991-no authorization: fiscal year 1992-no authorization; fiscal year 1993—$55,000,000; fiscal year 1994—$65,000,000; fiscal year 1995$77,000,000; fiscal year 1996—“such sums as are necessary"; fiscal year 1997—$65,000,000; fiscal year 1998—no authorization; and fiscal year 2000-$48,000,000 ("and such sums as may be necessary for each fiscal year thereafter").

Title I of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107–115; 115 Stat. 2120), provided the following:

"TRADE AND DEVELOPMENT AGENCY "For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,024,000, to remain available until September 30, 2003.".

See also paragraph relating to assistance for the new independent states of the former Soviet Union in title II of that Act (115 Stat. 2127).

Sec. 902(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) suspended any obligation of funds for new programs under the Trade and Development Agency to the People's Republic of China until the President reported to the Congress under subsec. (b) of that sec. that China had made certain political reforms, or that such assistance was in the national interest of the United States. For text of sec. 902, see Legislation on Foreign Relations Through 2000, vol. II, sec. D.

See also the South African Democratic Transition Support Act of 1993 (Public Law 103–149; 107 Stat. 1503), sec. 6(c) of which called on the Director of the Trade and Development Agency to provide additional funds for activities related to projects in South Africa, in Legislation on Foreign Relations Through 2001, vol. 1-B.

1136 Sec. 5(c)2) of the Export Enhancement Act of 1999 (Public Law 106–158; 113 Stat. 1746) struck out “in fiscal years 1993 and 1994, substantially increase the amount of funds it provides" and inserted in lieu thereof “in carrying out its program, provide, as appropriate, funds". (B) As used in subparagraph (A)

(i) the term "technical assistance grants” means funding by multilateral development banks of services from the United States in connection with projects and programs supported by such banks, including, but not limited to, engineering, design, and consulting services; and

(ii) the term "multilateral development bank” has the meaning given that term in section 1701(c) of the Inter

national Financial Institutions Act. Sec. 662.1136 Limitation on Intelligence Activities. * * * [Repealed—1991)

Sec. 663.1137 Exchanges of Certain Materials.a) Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this Act or shall furnish defense articles or services under the Foreign Military Sales Act pursuant to an agreement with the recipient of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term “necessary or strategic raw material” includes petroleum, other fossil fuels, metals, minerals, or any other natural substance which the President determines is in short supply in the United States.

(b) The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law.

(c) Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.

Sec. 664.1138 Waiver of Prohibition Against Assistance to Countries Engaging in Certain Trade. * * * [Repealed—1977]

1136 Formerly 22 U.S.C. 2422. Sec. 601 of the Intelligence Authorization Act, Fiscal Year 1991 (Public Law 102–88; 105 Stat. 441), repealed sec. 662. The section, added by sec. 32 of the FA Act of 1974, had provided the following prohibition:

"Sec. 662. Limitation on Intelligence Activities.—No funds appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency for operations in foreign countries, other than activities intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States. Each such operation shall be considered a significant anticipated intelligence activity for the purpose of section 501 of the National Security Act of 1947.”.

Public Law 102–88 also amended and restated the relevant sections of the National Security Act of 1947 (50 U.S.C. 413 et seq.); see Legislation on Foreign Relations Through 2001, vol. IV.

1137 22 U.S.C. 2423. Sec. 663 was added by sec. 32 of the FA Act of 1974.

1138 22 U.S.C. 2424. Sec. 664, as added by sec. 33 of the FA Act of 1974, was repealed by sec. 123(c) of the International Development and Food Assistance Act of 1977 (Public Law 95–88; 91 Stat. 541). It formerly read as follows:

"SEC. 664. WAIVER OF PROHIBITION AGAINST ASSISTANCE TO COUNTRIES ENGAGING IN CERTAIN TRADE.-Any provision of this Act which prohibits assistance to a country because that country is engaging in trade with a designated country, or because that country permits ships or aircraft under its registry to transport any equipment, materials, or commodities to or from such designated country, may be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress.".

Sec. 665.1139 Transition Provisions for Interim Quarter. * * * [Repealed—1978]

Sec. 666.1140 Discrimination Against United States Personnel.(a) The President shall not take into account, in assigning of ficers and employees of the United States to carry out any economic development assistance programs funded under this Act in any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and relevant experience.

(b) Effective six months after the date of enactment of the International Development and Food Assistance Act of 1975, or on such earlier date as the President may determine, none of the funds made available under this Act may be used to provide economic development assistance to any country which objects to the presence of any officer or employee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this Act on the basis of the race, religion, national origin, or sex of such officer or employee.

(c) The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section.

Sec. 667.1141 Operating Expenses.—a) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes

(1) $387,000,000 for the fiscal year 1986 and $387,000,000 for the fiscal year 1987 1142 for necessary operating expenses of

1139 Sec. 665, as added by Public Law 94–161 (89 Stat. 849), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95–424; 92 Stat. 961).

1140 22 U.S.C. 2426. Sec. 666 was added by sec. 318 of Public Law 94-161 (89 Stat. 849).

1141 22 U.S.C. 2427. Sec. 667, as added by sec. 319 of Public Law 94-161 (89 Stat. 849), was amended and restated by sec. 129(a) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543).

1142 The authorization figures for fiscal years 1986 and 1987 were added by sec. 406 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219). Authorizations under this section during recent years include: fiscal year 1979— $261,000,000; fiscal year 1980–$263,000,000; fiscal year 1981-$293,800,000; fiscal year 1982$335,600,000; fiscal year 1983—$335,600,000; fiscal year 1984—$370,000,000; fiscal year 1985 no authorization; fiscal years 1988 through 2002-no authorization.

Congress did not enact an authorization for fiscal year 2002. Instead, the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115), waived the requirements for authorization, and title II of that Act (at 115 Stat. 2124) provided the following:

"OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT “For necessary expenses to carry out the provisions of section 667, $549,000,000: Provided, That none of the funds appropriated under this heading may be made available to finance the construction (including architect and engineering services), purchase, or long term lease of offices for use by the United States Agency for International Development, unless the Administrator has identified such proposed construction (including architect and engineering services), purchase, or long term lease of offices in a report submitted to the Committees on Appropriations at least days prior to the obligation of these funds for such purposes: Provided further, That the previous proviso shall not apply where the total cost of construction (including architect and engineering services), purchase, or long term lease of offices does not exceed $1,000,000: Provided further, That of the funds appropriated under this heading, up to $10,000,000 may remain available until expended for security-related costs. "OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR

GENERAL

“For necessary expenses to carry out the provisions of section 667, $31,500,000, to remain available until September 30, 2003, which sum shall be available for the Office of the Inspector General of the United States Agency for International Development.".

See also sec. 511 of that Act (115 Stat. 2141--Availability of Funds; and sec. 534 (115 Stat. 2151 Special Authorities.

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