
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2421]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part III--Miscellaneous Provisions
 
Sec. 2421. Trade and Development Agency


(a) Purpose

    The Trade and Development Agency shall be an agency of the United 
States under the foreign policy guidance of the Secretary of State. The 
purpose of the Trade and Development Agency is to promote United States 
private sector participation in development projects in developing and 
middle-income countries, with special emphasis on economic sectors with 
significant United States export potential, such as energy, 
transportation, telecommunications, and environment.

(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 subchapter I of this chapter, 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 
        required 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) 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 entity 
        concerned succeeds in project implementation.

(c) Director and personnel

                            (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 determine.
        (C) Of the officers and employees appointed under this 
    paragraph, 2 may be appointed without regard to the provisions of 
    title 5, 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 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, 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, and which the 
    Trade and Development Agency shall submit to the Congress not later 
    than 6\1/2\ 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.

                  (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 
    Accounting Office designated by the Comptroller General.

(f) Funding

                          (1) 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 to multilateral development 
    banks for technical assistance grants.
        (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 262r(c) of this title.

(Pub. L. 87-195, pt. III, Sec. 661, as added Pub. L. 93-559, Sec. 31, 
Dec. 30, 1974, 88 Stat. 1804; amended Pub. L. 94-161, title III, 
Sec. 316, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95-88, title I, Sec. 128, 
Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title I, Sec. 121, Oct. 6, 
1978, 92 Stat. 954; Pub. L. 96-53, title I, Sec. 119, Aug. 14, 1979, 93 
Stat. 365; Pub. L. 96-533, title III, Sec. 311, Dec. 16, 1980, 94 Stat. 
3148; Pub. L. 97-113, title III, Sec. 312, Dec. 29, 1981, 95 Stat. 1536; 
Pub. L. 99-83, title IV, Sec. 405, Aug. 8, 1985, 99 Stat. 219; Pub. L. 
100-418, title II, Sec. 2204(b)(1), (2), Aug. 23, 1988, 102 Stat. 1329; 
Pub. L. 102-549, title II, Sec. 201, Oct. 28, 1992, 106 Stat. 3655; Pub. 
L. 103-392, title II, Sec. 201, Oct. 22, 1994, 108 Stat. 4099; Pub. L. 
106-158, Sec. 5, Dec. 9, 1999, 113 Stat. 1746.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (c)(2)(C), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
                                   II

    References to subchapter I of this chapter are deemed to include 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II of this chapter, and references 
to subchapter II are deemed to exclude such parts. See section 202(b) of 
Pub. L. 92-226, set out as a note under section 2346 of this title, and 
sections 2348c and 2349aa-5 of this title.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-158, Sec. 5(a), inserted before 
period at end: ``, with special emphasis on economic sectors with 
significant United States export potential, such as energy, 
transportation, telecommunications, and environment''.
    Subsec. (b)(5). Pub. L. 106-158, Sec. 5(b), added par. (5).
    Subsec. (f)(1)(A). Pub. L. 106-158, Sec. 5(c)(1), substituted 
``$48,000,000 for fiscal year 2000 and such sums as may be necessary for 
each fiscal year thereafter'' for ``$77,000,000 for fiscal year 1995 and 
such sums as are necessary for fiscal year 1996''.
    Subsec. (f)(2)(A). Pub. L. 106-158, Sec. 5(c)(2), substituted ``in 
carrying out its program, provide, as appropriate, funds'' for ``in 
fiscal years 1993 and 1994, substantially increase the amount of funds 
it provides''.
    1994--Subsec. (f)(1). Pub. L. 103-392 redesignated existing 
provisions as subpar. (A), substituted ``$77,000,000 for fiscal year 
1995 and such sums as are necessary for fiscal year 1996.'' for 
``$55,000,000 for fiscal year 1993 and $65,000,000 for fiscal year 
1994.'', and added subpar. (B).
    1992--Pub. L. 102-549 amended section generally. Prior to amendment, 
section consisted of subsecs. (a) to (d) which authorized a trade and 
development program to facilitate access to natural resources of 
interest to the United States and to stimulate reimbursable aid 
programs, established an agency called the Trade and Development Program 
to carry out the program, established an advisory board, and authorized 
appropriations for purposes of section.
    1988--Subsec. (a). Pub. L. 100-418, Sec. 2204(b)(1), inserted 
sentence providing for use of funds for project planning, development, 
management, and procurement for bilateral and multilateral projects, for 
purpose of promoting use of United States exports in such projects.
    Subsecs. (b) to (d). Pub. L. 100-418, Sec. 2204(b)(2), added 
subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
    1985--Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally, 
substituting provisions authorizing appropriations of $20,000,000 for 
fiscal years 1986 and 1987, for provisions authorizing appropriations of 
$6,907,000 for fiscal years 1982 and 1983.
    1981--Pub. L. 97-113, Sec. 312(b), designated existing provisions as 
subsec. (a), struck out provision for use of $4,000,000 of funds made 
available for fiscal year 1981 for purposes of this chapter, and added 
subsec. (b).
    1980--Pub. L. 96-533 substituted authorization for use of $4,000,000 
of available funds for fiscal year 1981 for such authorization for use 
of $3,800,000 of available funds for fiscal year 1980 for reimbursable 
development programs.
    1979--Pub. L. 96-53 substituted ``$3,800,000'' for ``$3,000,000'' 
and ``1980'' for ``1979''.
    1978--Pub. L. 95-424 substituted ``$3,000,000 of the funds made 
available for the purposes of this chapter for the fiscal year 1979'' 
for ``$2,000,000 of the funds made available for the purposes of this 
chapter. In the fiscal year 1977 and $2,000,000 of the funds made 
available for the purposes of this chapter in the fiscal year 1978,''.
    1977--Pub. L. 95-88 struck out provisions authorizing the President 
to use up to $1,000,000 of the funds made available for the purposes of 
this chapter in the fiscal year 1975 and $2,000,000 in the fiscal year 
1976, and inserted provisions authorizing the President to use 
$2,000,000 of the funds made available for the purposes of this chapter 
in the fiscal year 1978.
    1975--Pub. L. 94-161 increased usable funds in fiscal year 1976 to 
$2,000,000 from $1,000,000 and authorized use of $2,000,000 in fiscal 
year 1977.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
    Section 202(a), (e) of Pub. L. 102-549 provided that:
    ``(a) Renaming of Trade and Development Program.--The Trade and 
Development Program shall, on or after the effective date of this 
section [Oct. 28, 1992], be known as the Trade and Development Agency.
    ``(e) Reference in Other Laws.--Any reference in any law to the 
Trade and Development Program shall be deemed to be a reference to the 
Trade and Development Agency.''


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605 
of Pub. L. 95-424, set out as a note under section 2151 of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


              Appointment of Present Director Not Affected

    Section 202(b) of title II of Pub. L. 102-549 provided that: ``The 
enactment of this title [amending this section and section 5401 of this 
title, section 5314 of Title 5, Government Organization and Employees, 
and sections 635q to 635s of Title 12, Banks and Banking, enacting 
provisions set out as a note above, and amending provisions set out as a 
note under section 2151 of this title] shall not affect the appointment 
of the individual who is the Director of the Trade and Development 
Program on the effective date of this section [Oct. 28, 1992].''


     Trade and Development Program Activities for Poland and Hungary

    Pub. L. 101-179, title III, Sec. 305, Nov. 28, 1989, 103 Stat. 1314, 
authorized appropriation of an additional $6,000,000 for the 3-year 
period beginning Oct. 1, 1989, to carry out this section, in order to 
permit expansion of the Trade and Development Program [now Agency] into 
Poland and Hungary.


         Trade and Development Program; Reaffirmation of Support

    Section 2204(a) of Pub. L. 100-418 provided that: ``The Congress 
reaffirms its support for the Trade and Development Program [now Trade 
and Development Agency], and believes that the Program's [Agency's] 
ability to support high priority development projects in developing 
countries would be enhanced by an increase in the funds authorized for 
the Program as well as by a clarification of the Program's status as a 
separate component of the International Development Cooperation 
Agency.''

                  Section Referred to in Other Sections

    This section is referred to in section 2296b of this title.
