of this Act, the Foreign Military Sales Act, or the Foreign Assistance and Related Programs Appropriation Act for each fiscal year, that finding or determination shall be reduced to writing and signed by the President.

(b) No action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been reduced to writing and signed by the President.

(c) Each such finding or determination shall be published in the Federal Register as soon as practicable after it has been reduced to writing and signed by the President. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published.

(d) No committee or officer of either House of Congress shall be denied any requested information relating to any finding or determination which the President is required to report to the Congress, or to any committee or officer of either House of Congress, under any provision of this Act, the Foreign Military Sales Act, or the Foreign Assistance and Related Programs Appropriation Act for each fiscal year, even though such report has not yet been transmitted to the appropriate committee or officer of either House of Congress.

Sec. 655.922 Limitations Upon Assistance to or for Cambodia.— [Repealed-1978]

Sec. 656.923 Limitations on United States Personnel and Personnel Assisted by United States in Cambodia.-* * * [Repealed— 1978]

Sec. 657.924 Annual Report on Military Assistance and Military Exports. *** [Repealed-1981]

Sec. 658.925 Limitations on Use of Funds. 1978]

[Repealed

Sec. 659.926 Access to Certain Military Bases Abroad.—' [Repealed-1981]

922 Sec. 655, as added by the FA Act of 1971, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

923 Sec. 656, as added by Public Law 92-226 (86 Stat. 20), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

924 Sec. 657, as added by the FA Act of 1971, was repealed by sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959). Subsequently, sec. 14 of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 739) added a new sec. 657. Sec. 657 was again repealed by sec. 734(a)1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Some of the information previously required annually under sec. 657 on military assistance and military exports is now required by sec. 634(a)10) of this Act and sec. 25(a) of the Arms Export Control Act (pages 271 and 334, respectively).

925 Sec. 658, as added by the FA Act of 1971, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

926 Sec. 659, as added by sec. 20(a) of the FA Act of 1974, was repealed by sec. 734(aX1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as follows:

"Sec. 659. Access to Certain Military Bases Abroad.-None of the funds authorized to be appropriated for foreign assistance (including foreign military sales, credit sales, and guaranties) under this Act may be used to provide any kind of assistance to any foreign country in which a military base is located if

"(1) such base was constructed or is being maintained or operated with funds furnished by the United States;

Continued

Sec. 660.927 Prohibiting Police Training.—(a) On and after July 1, 1975, none of the funds made available to carry out this Act, and none of the local currencies generated under this Act, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad.

(b) Subsection (a) of this section shall not apply—

(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968 928 with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section 482 of this Act;

(2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program;

(3) 929 with respect to assistance, including training, in maritime law enforcement and other maritime skills; or

(4) 930 with respect to assistance provided to police forces in connection with their participation in the regional security system of the Eastern Caribbean states.

Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment.

"(2) personnel of the United States carry out military operations from such base; and

"(3) unless and until the President has determined that the government of such country has, consistent with security, authorized access, on a regular basis, to bona fide news media correspondents of the United States to such military base.".

927 22 U.S.C. 2420. Sec. 660 was added by sec. 30(a) of the FA Act of 1974.

Sec. 7 of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4933; 22 U.S.C. 2420 note) provided the following exemption:

"SEC. 7. EXEMPTION OF NARCOTICS-related miLITARY ASSISTANCE FOR FISCAL YEARS 1993 AND 1994 FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT AGENCIES.

"(a) EXEMPTION.-For fiscal years 1993 and 1994, section 660 of the Foreign Assistance Act of 1961 shall not apply with respect to

"(1) transfers of excess defense articles under section 517 of that Act;

"(2) funds made available for the 'Foreign Military Financing Program' under section 23 of the Arms Export Control Act that are used for assistance provided for narcotics-related purposes; or

"(3) international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 that is provided for narcotics-related purposes.

"(b) NOTIFICATION TO CONGRESS.-At least 15 days before any transfer under subsection (a)(1) or any obligation of funds under subsection (ax2) or (ax3), the President shall notify the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961.

"(c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM.-Assistance provided pursuant to this section shall be coordinated with international narcotics control assistance under chapter 8 of part I of the Foreign Assistance Act of 1961.

928 Public Law 90-351 (82 Stat. 197), approved June 19, 1968. Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public Law 94-503.

929 Clause (3) was added by sec. 127(b) by Public Law 99-83 (99 Stat. 205).

930 Sec. 594 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2060), struck out "or" at the end of paragraph (2), struck out the period at the end of paragraph (3) and inserted in lieu thereof "; or"; and added paragraph (4).

(c) 931 Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.

(d) 931, 932 Notwithstanding the prohibition contained in subsection (a), assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act, that he has determined that the government of the recipient country has made significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the non-violent expression of their political views, or prolonged detention without trial. Any such notification shall include a full description of the assistance which is proposed to be provided and of the purposes to which it is to be directed.

SEC. 661.933 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. (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 part I, 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 con

931 Subsecs. (c) and (d) were added by sec. 711 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 244).

932 See Presidential Determination No. 86-2 of October 29, 1985 (50 F.R. 48073), in which the President delegated authority to the Secretary of State to provide any future report required by sec. 660(d).

933 22 U.S.C. 2421. Sec. 201 of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 3655) amended and restated sec. 661. It was originally added by sec. 31 of the FA Act of 1974, as "Reimbursable Development Programs".

straints, 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.

(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, United States Code, 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, United States Code, 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, United States Code, and which the Trade and Development Agency shall submit to the Congress not later than 62 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.-There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $55,000,000 for fiscal year 1993 and $65,000,000 for fiscal year 1994.934

(2) FUNDING FOR TECHNICAL ASSISTANCE GRANTS BY MULTILATERAL DEVELOPMENT BANKS.-(A) The Trade and Development Agency should, in fiscal years 1993 and 1994, substan

934 Authorizations under this section in recent years include: fiscal year 1977-$2,000,000; fiscal year 1978 $2,000,000; fiscal year 1979 $3,000,000; fiscal year 1980 $3,800,000; fiscal year 1981-$4,000,000; fiscal year 1982 $6,907,000; fiscal year 1983 $6,907,000; fiscal year 1984$22,000,000; fiscal year 1985-no authorization; fiscal year 1986 $20,000,000; fiscal year 1987$20,000,000; fiscal year 1988-no authorization; fiscal year 1989-no authorization; fiscal year 1990 no authorization; fiscal year 1991-no authorization; fiscal year 1992-no authorization. Congress did not enact an authorization for fiscal year 1993. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391), waived the requirements for authorization, and title IV of that Act (106 Stat. 1656) provided the following:

"TRADE AND DEVELOPMENT PROGRAM

"For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $40,000,000.".

Sec. 202 of Public Law 102-549 (106 Stat. 3657) renamed the Trade and Development Program the Trade and Development Agency.

Sec. 902(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) suspended any obligation of funds for new programs under the Trade and Development Agency to the People's Republic of China until the President reported to the Congress under subsec. (b) of that sec. that China had made certain political reforms, or that such assistance was in the national interest of the United States. For text of sec. 902, see Legislation on Foreign Relations Through 1992, vol. II, sec. D.