22 U.S.C. § 2430g — Americas Framework Agreements

Page 949 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2430g prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except insofar as section 707 affected section 1783. § 2430g. Americas Framework Agreements (a) Authority The Secretary of State is authorized, in con- sultation with other appropriate Government of- ficials, to enter into an Americas Framework Agreement with any eligible country concerning the operation and use of the Americas Fund for that country. In the negotiation of such Agree- ments, the Secretary shall consult with the En- terprise for the Americas Board in accordance with section 2430h of this title. (b) Contents of Agreements An Americas Framework Agreement with an eligible country shall— (1) require that country to establish an Americas Fund; (2) require that country to make interest payments under section 2430e(b)(1) of this title into an Americas Fund; (3) require that country to make prompt dis- bursements from the Americas Fund to the ad- ministering body described in subsection (c); (4) when appropriate, seek to maintain the value of the local currency resources of the Americas Fund in terms of United States dol- lars; (5) specify, in accordance with subsection (d), the purposes for which amounts in an Americas Fund may be used; and (6) contain reasonable provisions for the en- forcement of the terms of the agreement. (c) Administering body (1) In general Funds disbursed from the Americas Fund in each beneficiary country shall be administered by a body constituted under the laws of that country. (2) Composition The administering body shall consist of— (A) one or more individuals appointed by the United States Government, (B) one or more individuals appointed by the government of the beneficiary country, and (C) individuals who represent a broad range of— (i) environmental nongovernmental or- ganizations of the beneficiary country, (ii) child survival and child development nongovernmental organizations of the ben- eficiary country, (iii) local community development non- governmental organizations of the bene- ficiary country, and (iv) scientific or academic organizations or institutions of the beneficiary country. A majority of the members of the admin- istering body shall be individuals described in subparagraph (C). (3) Responsibilities The administering body— (A) shall receive proposals for grant assist- ance from eligible grant recipients (as deter- mined under subsection (e)) and make grants to eligible grant recipients in accordance with the priorities agreed upon in the Amer- icas Framework Agreement, consistent with subsection (d); (B) shall be responsible for the manage- ment of the program and oversight of grant activities funded from resources of the Americas Fund; (C) shall be subject, on an annual basis, to an audit of financial statements conducted in accordance with generally accepted audit- ing standards by an independent auditor; (D) shall be required to grant to represent- atives of the United States Government Ac- countability Office such access to books and records associated with operations of the Americas Fund as the Comptroller General of the United States may request; (E) shall present an annual program for re- view each year by the Enterprise for the Americas Board; and (F) shall submit a report each year on the activities that it undertook during the pre- vious year to the Chair of the Enterprise for the Americas Board and to the government of the beneficiary country. (d) Eligible activities Grants from an Americas Fund shall be used for— (1) activities that link the conservation and sustainable use of natural resources with local community development; and (2) child survival and other child develop- ment activities. (e) Grant recipients Grants made from an Americas Fund shall be made to— (1) nongovernmental environmental, con- servation, child survival and child develop- ment, development, and indigenous peoples or- ganizations of the beneficiary country; (2) other appropriate local or regional enti- ties; and (3) in exceptional circumstances, the govern- ment of the beneficiary country. (f) Review of larger grants Any grant of more than $100,000 from an Amer- icas Fund shall be subject to veto by the Gov- ernment of the United States or the government of the beneficiary country. (g) Eligibility criteria In the event that a country ceases to meet the eligibility requirements set forth in section 2430b(a) of this title, as determined by the Presi- dent pursuant to section 2430b(b) of this title, then grants from the Americas Fund for that country may only be made to nongovernmental organizations until such time as the President determines that such country meets the eligi- bility requirements set forth in section 2430b(a) of this title. (Pub. L. 87–195, pt. IV, § 708, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3667; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Page 950 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2430h Editorial Notes PRIOR PROVISIONS A prior section 708 of Pub. L. 87–195, pt. IV, Sept. 4, 1961, 75 Stat. 464, amended sections 1041, 1112, 1136, 1148, and 1157 of this title, prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except insofar as section 708 affected sections 1041, 1112, 1136, 1148, and 1157. AMENDMENTS 2004—Subsec. (c)(3)(D). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. § 2430h. Enterprise for the Americas Board For purposes of this subchapter, the Enter- prise for the Americas Board shall— (1) advise the Secretary of State on the ne- gotiations of Americas Framework Agree- ments; (2) ensure, in consultation with— (A) the government of the beneficiary country, (B) nongovernmental organizations of the beneficiary country, (C) nongovernmental organizations of the region (if appropriate), (D) environmental, scientific, child sur- vival and child development, and academic leaders of the beneficiary country, and (E) environmental, scientific, child sur- vival and child development, and academic leaders of the region (as appropriate), that a suitable administering body is identi- fied for each Americas Fund; and (3) review the programs, operations, and fis- cal audits of each administering body. (Pub. L. 87–195, pt. IV, § 709, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3668.) Editorial Notes PRIOR PROVISIONS A prior section 709 of Pub. L. 87–195, pt. IV, Sept. 4, 1961, 75 Stat. 465, amended section 279a of this title, prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except insofar as section 709 affected section 279a. § 2430i. Annual reports to Congress The annual reports submitted pursuant to sec- tion 1738m of title 7 shall include a description of each Americas Framework Agreement and a description of any grants that have been ex- tended by administering bodies pursuant to an Americas Framework Agreement. (Pub. L. 87–195, pt. IV, § 710, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3669; amended Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.) Editorial Notes PRIOR PROVISIONS A prior section 710 of Pub. L. 87–195, pt. IV, Sept. 4, 1961, 75 Stat. 465, amended section 276 of this title and enacted provisions set out as a note under section 276 of this title, prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except insofar as section 710 affected section 276. AMENDMENTS 2008—Pub. L. 110–246 made technical amendment to reference in original act which appears in text as ref- erence to section 1738m of title 7. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. SUBCHAPTER IV—DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROP- ICAL FORESTS Editorial Notes PRIOR PROVISIONS A prior subchapter IV, Indochina Postwar Recon- struction, consisted of sections 2431 to 2435, prior to re- peal by Pub. L. 94–329, title IV, § 413(a), June 30, 1976, 90 Stat. 761. § 2431. Findings and purposes (a) Findings The Congress finds the following: (1) It is the established policy of the United States to support and seek protection of trop- ical forests and coral reef ecosystems around the world. (2) Tropical forests provide a wide range of benefits to humankind by— (A) harboring a major share of the Earth’s biological and terrestrial resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops; (B) playing a critical role as carbon sinks in reducing greenhouse gases in the atmos- phere, thus moderating potential global cli- mate change; and (C) regulating hydrological cycles on which agricultural and coastal resources de- pend. (3) International negotiations and assistance programs to conserve forest resources have proliferated over the past decade, but the rapid rate of tropical deforestation continues unabated. (4) Developing countries with urgent needs for investment and capital for development have allocated a significant amount of their forests to logging concessions. (5) Poverty and economic pressures on the populations of developing countries have, over time, resulted in clearing of vast areas of for- est for conversion to agriculture, which is often unsustainable in the poor soils under- lying tropical forests. (6) Debt reduction can reduce economic pres- sures on developing countries and result in in- creased protection for tropical forests and coral reef ecosystems. (7) Finding economic benefits to local com- munities from sustainable uses of tropical for- ests and coral reef ecosystems is critical to the protection of such areas. (b) Purposes The purposes of this subchapter are—