
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2151aa]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
  Part I--Declaration of Policy; Development Assistance Authorizations
 
Sec. 2151aa. Program to provide technical assistance to foreign 
        governments and foreign central banks of developing or 
        transitional countries
        

(a) Establishment of program

                           (1) In general

        Not later than 150 days after October 21, 1998, the Secretary of 
    the Treasury, after consultation with the Secretary of State and the 
    Administrator of the United States Agency for International 
    Development, is authorized to establish a program to provide 
    technical assistance to foreign governments and foreign central 
    banks of developing or transitional countries.

                   (2) Role of Secretary of State

        The Secretary of State shall provide foreign policy guidance to 
    the Secretary to ensure that the program established under this 
    subsection is effectively integrated into the foreign policy of the 
    United States.

(b) Conduct of program

                           (1) In general

        In carrying out the program established under subsection (a) of 
    this section, the Secretary shall provide economic and financial 
    technical assistance to foreign governments and foreign central 
    banks of developing and transitional countries by providing advisers 
    with appropriate expertise to advance the enactment of laws and 
    establishment of administrative procedures and institutions in such 
    countries to promote macroeconomic and fiscal stability, efficient 
    resource allocation, transparent and market-oriented processes and 
    sustainable private sector growth.

                     (2) Additional requirements

        To the extent practicable, such technical assistance shall be 
    designed to establish--
            (A) tax systems that are fair, objective, and efficiently 
        gather sufficient revenues for governmental operations;
            (B) debt issuance and management programs that rely on 
        market forces;
            (C) budget planning and implementation that permits 
        responsible fiscal policy management;
            (D) commercial banking sector development that efficiently 
        intermediates between savers and investors; and
            (E) financial law enforcement to protect the integrity of 
        financial systems, financial institutions, and government 
        programs.

                   (3) Emphasis on anti-corruption

        Such technical assistance shall include elements designed to 
    combat anti-competitive, unethical, and corrupt activities, 
    including protection against actions that may distort or inhibit 
    transparency in market mechanisms and, to the extent applicable, 
    privatization procedures.

(c) Administrative requirements

    In carrying out the program established under subsection (a) of this 
section, the Secretary--
        (1) shall establish a methodology for identifying and selecting 
    foreign governments and foreign central banks to receive assistance 
    under the program;
        (2) prior to selecting a foreign government or foreign central 
    bank to receive assistance under the program, shall receive the 
    concurrence of the Secretary of State with respect to the selection 
    of such government or central bank and with respect to the cost of 
    the assistance to such government or central bank;
        (3) shall consult with the heads of appropriate Executive 
    agencies of the United States, including the Secretary of State and 
    the Administrator of the United States Agency for International 
    Development, and appropriate international financial institutions to 
    avoid duplicative efforts with respect to those foreign countries 
    for which such agencies or organizations provide similar assistance;
        (4) shall ensure that the program is consistent with the 
    International Affairs Strategic Plan and Mission Performance Plan of 
    the United States Agency for International Development;
        (5) shall establish and carry out a plan to evaluate the 
    program.

(d) Administrative authorities

    In carrying out the program established under subsection (a) of this 
section, the Secretary shall have the following administrative 
authorities:
        (1) The Secretary may provide allowances and benefits under 
    chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 
    4081 et seq.) to any officer or employee of any agency of the United 
    States Government performing functions under this section outside 
    the United States.
        (2)(A) The Secretary may allocate or transfer to any agency of 
    the United States Government any part of any funds available for 
    carrying out this section, including any advance to the United 
    States Government by any country or international organization for 
    the procurement of commodities, supplies, or services.
        (B) Such funds shall be available for obligation and expenditure 
    for the purposes for which such funds were authorized, in accordance 
    with authority granted in this section or under authority governing 
    the activities of the agency of the United States Government to 
    which such funds are allocated or transferred.
        (3) Appropriations for the purposes of or pursuant to this 
    section, and allocations to any agency of the United States 
    Government from other appropriations for functions directly related 
    to the purposes of this section, shall be available for--
            (A) contracting with individuals for personal services 
        abroad, except that such individuals shall not be regarded as 
        employees of the United States Government for the purpose of any 
        law administered by the Office of Personnel Management;
            (B) the purchase and hire of passenger motor vehicles, 
        except that passenger motor vehicles may be purchased only--
                (i) for use in foreign countries; and
                (ii) if the Secretary or the Secretary's designee has 
            determined that the vehicle is necessary to accomplish the 
            mission;

            (C) the purchase of insurance for official motor vehicles 
        acquired for use in foreign countries;
            (D)(i) the rent or lease outside the United States, not to 
        exceed 5 years, of offices, buildings, grounds, and quarters, 
        including living quarters to house personnel, consistent with 
        the relevant interagency housing board policy, and payments 
        therefor in advance;
            (ii) maintenance, furnishings, necessary repairs, 
        improvements, and alterations to properties owned or rented by 
        the United States Government or made available for use to the 
        United States Government outside the United States; and
            (iii) costs of insurance, fuel, water, and utilities for 
        such properties;
            (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 chapter. 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 4802 of this title) 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) of this section 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 October 21, 1998, 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 part.

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

(Pub. L. 87-195, pt. I, Sec. 129, as added Pub. L. 105-277, div. A, 
Sec. 101(d) [title V, Sec. 589(a)], Oct. 21, 1998, 112 Stat. 2681-150, 
2681-205; amended Pub. L. 106-309, title II, Sec. 204, Oct. 17, 2000, 
114 Stat. 1092.)

                       References in Text

    The Foreign Service Act of 1980, referred to in subsec. (d)(1), is 
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended. Chapter 9 of 
title I of the Foreign Service Act of 1980 is classified generally to 
subchapter IX (Sec. 4081 et seq.) of chapter 52 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 3901 of this title and Tables.
    This chapter, referred to in subsec. (d)(4), was in the original 
``this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as 
amended, known as the Foreign Assistance Act of 1961. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2151 of this title and Tables.

                          Codification

    Another section 129 of Pub. L. 87-195 was renumbered section 130 and 
is classified to section 2152 of this title.


                               Amendments

    2000--Subsec. (b)(3). Pub. L. 106-309 added par. (3).
