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22 U.S.C. § 2421 — Trade and Development Agency
Federal law — U.S. Code and appendices · legal_authorities
**(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 fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2421
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Stable record: federal_law:legal_authorities:record_usc_9c0001b8a2aff50fbb4d0e88
Source file: Laws/federal/codes/united-states-code/title-22/section-2421-trade-and-development-agency--6658746e48.md
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Source location: Title 22, Chapter 32, § 2421; chapter-032-foreign-assistance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3512&num=0&edition=prelim), and which the Trade and Development Agency shall submit to the Congress not later than 6½ 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 Government Accountability 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, $79,500,000 for fiscal year 2020 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section262r/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5314
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Director of the Office of Management and Budget shall prepare and submit to the appropriate committees of the Congress and make available on a website described in section 1122 a financial management status report and a governmentwide 5-year financial management plan.
(2) A financial management status report under this subsection shall include—
(A) a description and analysis of the status of financial management in the executive branch;
(B) a summary of the most recently completed financial statements—
(i) of Federal agencies under [section 3515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3515&num=0&edition=prelim); and
(ii) of Government corporations;
(C) a summary of the most recently completed financial statement audits and reports—
(i) of Federal agencies under section 3521(e) and (f) of this title; and
(ii) of Government corporations;
(D) a summary of reports on internal accounting and administrative control systems submitted to the President and the Congress under the amendments made by the Federal Managers’ Financial Integrity Act of 1982 (Public Law 97–255);
(E) a listing of agencies whose financial management systems do not comply substantially with the requirements of Section 11 So in original. Probably should not be capitalized. 3(a) 22 So in original. Probably should be followed by “of”. See References in Text note below. the Federal Financial Management Improvement Act of 1996, and a summary statement of the efforts underway to remedy the noncompliance; and
(F) any other information the Director considers appropriate to fully inform the Congress regarding the financial management of the Federal Government.
(3)
(A) A governmentwide 5-year financial mana
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
**(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
**(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2346
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Federal law — U.S. Code and appendices · legal_authorities
Any provision of the annual Foreign Operations, Export Financing, and Related Programs Appropriations Act that provides that assistance for Poland or Hungary under that Act may be provided “notwithstanding any other provision of law” shall not supersede any otherwise applicable provision of this chapter. This section shall not, however, be construed to apply with respect to section 599C(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (or a corresponding provision of a subsequent such appropriations Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and elements of program; cooperation with Trade and Development Agency and private institutions and entities**
(1) The Chairman of the Export-Import Bank of the United States shall establish, within the Export-Import Bank of the United States, a program of tied aid credits for United States exports.
(2) The program shall be carried out in cooperation with the Trade and Development Agency and with private financial institutions or entities, as appropriate.
(3) The program may include—
(A) the combined use of the credits, loans, or guarantees offered by the Export-Import Bank of the United States with concessional financing or grants made available under [section 635r(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635r/d&num=0&edition=prelim), by methods including the blending of the financing of, or parallel financing by, the Bank and the Trade and Development Agency; and
(B) the combined use of credits, loans, or guarantees offered by the Bank, with financing offered by private financial institutions or entities, by methods including the blending of the financing of, or parallel financing by, the Bank and private institutions or entities.
**(b) Purpose of program** The purpose of the tied aid credit program under this section is to offer or arrange for financing for the export of United States goods and services which is substantially as concessional as foreign financing for which there is reasonable proof that such foreign financing is being offered to, or arranged for, a bona fide foreign competitor for a United States export sale.
**(c) Fund** The Chairman of the Bank is authorized to establish a fund, as necessary, for carrying out the tied aid credit program described in this section.
**
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 635q
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose of programs** The purposes of programs under this section include—
(1) to develop the physical infrastructure necessary for regional cooperation among the countries of the South Caucasus and Central Asia; and
(2) to encourage closer economic relations and to facilitate the removal of impediments to cross-border commerce among those countries and the United States and other developed nations.
**(b) Authorization for programs** To carry out the purposes of subsection (a), the following types of programs for the countries of the South Caucasus and Central Asia may be used to support the activities described in subsection (c):
(1) Activities by the Export-Import Bank to complete the review process for eligibility for financing under the Export-Import Bank Act of 1945 [[12 U.S.C. 635](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635&num=0&edition=prelim) et seq.].
(2) The provision of insurance, reinsurance, financing, or other assistance by the United States International Development Finance Corporation.
(3) Assistance under [section 2421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2421&num=0&edition=prelim) (relating to the Trade and Development Agency).
**(c) Activities supported** Activities that may be supported by programs under subsection (b) include promoting actively the participation of United States companies and investors in the planning, financing, and construction of infrastructure for communications, transportation, including air transportation, and energy and trade including highways, railroads, port facilities, shipping, banking, insurance, telecommunications networks, and gas and oil pipelines.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2296b
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2656
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–440, § 3, Oct. 2, 1986, 100 Stat. 1087; Pub. L. 99–631, § 1(a)(2), Nov. 7, 1986, 100 Stat. 3515; Pub. L. 103–149, § 4(a)(3)(A), Nov. 23, 1993, 107 Stat. 1505, defined terms for purposes of this chapter.
#### Effective Date of Repeal
Repeal effective June 8, 1994, date on which President certified to Congress that interim government, elected on nonracial basis through free and fair elections, had taken office in South Africa, see section 4(a)(2) of Pub. L. 103–149, set out in a Repeal of Chapter; South African Democratic Transition Support note below.
#### Short Title
Pub. L. 99–440, § 1, Oct. 2, 1986, 100 Stat. 1086, provided that Pub. L. 99–440, which enacted this chapter and sections 2151o and 2346d of this title, amended sections 2151c and 2151n of this title and [section 635 of Title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635&num=0&edition=prelim), Banks and Banking, and enacted provisions set out as a note under [section 2346d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346d&num=0&edition=prelim), could be cited as the “Comprehensive Anti-Apartheid Act of 1986”, prior to repeal by Pub. L. 103–149, § 4(a)(2), Nov. 23, 1993, 107 Stat. 1505.
#### Repeal of Chapter; South African Democratic Transition Support
Pub. L. 103–149, Nov. 23, 1993, 107 Stat. 1503, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘South African Democratic Transition Support Act of 1993’. “SEC. 2. FINDINGS.“The Congress makes the following findings:“(1) After decades of apartheid, South Africa has entered a new era which presents a historic opportunity for a transition to a peaceful, stable, and democratic future. “(2) The United States policy o
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5011 to 5020
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