
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: 7USC1738]

 
                          TITLE 7--AGRICULTURE
 
        CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
 
          SUBCHAPTER VI--ENTERPRISE FOR THE AMERICAS INITIATIVE
 
Sec. 1738. Establishment of Facility

    There is established in the Department of the Treasury an entity to 
be known as the ``Enterprise for the Americas Facility'' (hereafter 
referred to in this subchapter as the ``Facility'').

(July 10, 1954, ch. 469, title VI, Sec. 601, as added Pub. L. 101-624, 
title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3658.)


                             Effective Date

    Subchapter effective Jan. 1, 1991, see section 1513 of Pub. L. 101-
624, set out as an Effective Date of 1990 Amendment note under section 
1691 of this title.

   Ex. Ord. No. 12757. Implementation of Enterprise for the Americas 
       Initiative and the Tropical Forest Conservation Act of 1998

    Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R. 12107, as amended by Ex. 
Ord. No. 12823, Dec. 3, 1992, 57 F.R. 57645; Ex. Ord. No. 13028, Dec. 3, 
1996, 61 F.R. 64589; Ex. Ord. No. 13131, July 22, 1999, 64 F.R. 40733, 
provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Agricultural 
Trade Development and Assistance Act of 1954 (``ATDA Act'') [7 U.S.C. 
1691 et seq.], as amended by Public Law 101-624 and Public Law 102-237, 
the Foreign Assistance Act of 1961 (``FAA'') [22 U.S.C. 2151 et seq.], 
as amended by Public Law 102-549 and Public Law 105-214, and section 571 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1996 (``Public Law 104-107'') [110 Stat. 748], it is 
hereby ordered as follows:
    Section 1. The functions vested in the President by sections 603, 
604, 611, and [former] 614 of the ATDA Act [7 U.S.C. 1738b, 1738c, 
1738j, and former 1738m], sections 703, 704, 805(b), 806(a), 807(a), 
808(a)(1)(A), 808(a)(2), 812 and 813 of the FAA [22 U.S.C. 2430b, 2430c, 
2431c(b), 2431d(a), 2431e(a), 2431f(a)(1)(A), (2), 2431j, 2431k], and 
section 571(a)(1) of Public Law 104-107 are delegated to the Secretary 
of the Treasury (``Secretary''), who shall exercise such functions in 
accordance with recommendations of the National Advisory Council on 
International Monetary and Financial Policies (``Council''), as 
established by Executive Order No. 11269 of February 14, 1966 [22 U.S.C. 
286b note]; except that, with respect to the eligibility determinations 
required by section 703(a)(1), (2), (3), and (4) of the FAA and the 
corresponding determinations required by section 805(b) of the FAA,, 
[sic] the Secretary of the Treasury shall act in accordance with the 
recommendations of the Secretary of State. The functions vested in the 
President by sections 808(a)(1)(B) and (C), and 808(a)(4) of the FAA, 
and by section 571(a)(2), (c) and (d) of Public Law 104-107 are also 
delegated to the Secretary, who shall exercise such functions in 
accordance with recommendations of the Council and in consultation with 
the Secretary of State. The Secretary of State, when necessary, shall 
report to the Council regarding the need to review the implementation of 
environmental programs pursuant to section 611 of the ATDA Act.
    Sec. 2. (a) For purposes of section 1 of this order only, the 
membership of the Council shall be expanded to include the following: 
the Secretary of Agriculture, the Director of the Office of Management 
and Budget, the Chairman of the Council of Economic Advisers, the 
Chairman of the Council on Environmental Quality, and the Administrator 
of the Environmental Protection Agency.
    (b) Whenever matters being considered by the Council may be of 
interest to an agency not represented on the Council, the chairperson 
may invite a representative of such agency to participate in meetings 
and deliberations of the Council.
    (c) In the event of a disagreement among agencies represented on the 
Council, the Secretary shall refer the issue to the appropriate Cabinet-
level body designated by the President.
    Sec. 3. (a) The functions vested in the President by section 607 of 
the ATDA Act [7 U.S.C. 1738f] are delegated to the Secretary of State, 
in consultation with the Department of the Treasury, the Department of 
Agriculture, the Department of Commerce, the Council on Environmental 
Quality, the Environmental Protection Agency, the Agency for 
International Development, and any other agency determined by the 
Secretary of State to have an interest in an environmental framework 
agreement.
    (b) Pursuant to section 610(c) of the ATDA Act [7 U.S.C. 1738i(c)] 
and section 709(1) of the FAA [22 U.S.C. 2430h(1)], the Enterprise for 
the Americas Board shall advise the Secretary of State on the 
negotiations of the environmental framework agreements and the Americas 
Framework Agreements. The Enterprise for the Americas Board, as 
constituted pursuant to section 811 of the FAA [22 U.S.C. 2431i], shall 
also advise the Secretary of State and the Administrator of the United 
States Agency for International Development on the Secretary--s [sic] 
negotiation of Tropical Forest Agreements.
    (c) The Secretary of State shall ensure that the elements and 
requirements for the Administering Bodies established in section 607(c) 
of the ATDA Act and sections 708(c) and 809(c) of the FAA [22 U.S.C. 
2430g(c), 2431g(c)] shall be included in the environmental framework 
agreements, the Americas Framework Agreements and the Tropical Forest 
Agreements, respectively.
    Sec. 4. (a) The six U.S. Government members of the Enterprise for 
the Americas Board (``Board'') established by section 610 of the ATDA 
Act [7 U.S.C. 1738i] shall be representatives from the Department of 
State, the Department of the Treasury, the Department of Agriculture, 
the Environmental Protection Agency, the Agency for International 
Development, and the Inter-American Foundation. The two additional U.S. 
Government members of the Enterprise for the Americas Board appointed 
pursuant to section 811(b)(1)(A) of the FAA [22 U.S.C. 2431i(b)(1)(A)] 
shall be a representative of the International Forestry Division of the 
United States Forest Service and a representative of the Council on 
Environmental Quality.
    (b) The Department of Commerce and other appropriate agencies may 
each send representatives to the meetings of the Board, and such 
representatives may participate in the activities of the Board.
    (c) The representative from the Department of the Treasury shall be 
the chairperson of the Board. The representative from the Department of 
State shall be the vice chairperson of the Board. The representative 
from the Environmental Protection Agency shall serve as secretary of the 
Board.
    (1) The chairperson shall be responsible for presiding over the 
meetings of the Board, ensuring that the views of all other participants 
are taken into account, and coordinating with other appropriate agencies 
in assisting the Board in its review of the fiscal audits conducted 
pursuant to section 607(c)(4) of the ATDA Act [7 U.S.C. 1738f(c)(4)] and 
sections 708(c)(3)(C) and 811(c)(3) of the FAA [22 U.S.C. 
2430g(c)(3)(C), 2431i(c)(3)].
    (2) The vice chairperson shall be responsible for serving as liaison 
between the Board and local governments, local nongovernmental 
organizations, and the local Administering Bodies in Latin America and 
the Caribbean, and for coordinating the international activities related 
to programs funded under the ATDA Act and Parts IV and V of the FAA [22 
U.S.C. 2430 et seq., 2431 et seq.].
    (3) The secretary of the Board shall be responsible for coordinating 
the preparation of materials for Board discussion, including the 
technical reviews of the annual programs and reports required to be 
submitted to the Board under section 607(c)(5) and (c)(6) of the ATDA 
Act and section 708(c)(3)(E) and (F) of the FAA, and for preparing 
official minutes of Board discussions.
    (d) The five private nongovernmental organization members of the 
Board appointed pursuant to section 610(b)(1)(B) of the ATDA Act and the 
two additional members appointed pursuant to section 811(b)(1)(B) of the 
FAA shall be appointed by the President.
    Sec. 5. No new agreement under Title I of the Agricultural Trade 
Development and Assistance Act of 1954, as amended [7 U.S.C. 1701 et 
seq.], and no new credit agreement under the Food for Progress Act of 
1985, as amended [7 U.S.C. 1736o], shall be entered into with any 
country that is in default with respect to the payment of principal or 
interest on any obligation issued pursuant to section 604 of the ATDA 
Act [7 U.S.C. 1738c] unless such country meets its obligations or unless 
the President so authorizes.
    Sec. 6. Any references in this order to section 571, or any 
subsection of section 571, of Public Law 104-107 shall be deemed to 
include references to any hereinafter-enacted provision of law that is 
the same or substantially the same as such section 571 or any subsection 
thereof.
    Sec. 7. This order is intended only to improve the internal 
management of the executive branch and is not intended to create any 
right or benefit, substantive or procedural, enforceable at law by a 
party against the United States, its agencies, its officers, or any 
person.

                  Section Referred to in Other Sections

    This section is referred to in title 12 section 635i-6; title 22 
section 2430a.
