TRADE AND DEVELOPMENT PROGRAM.

SEC. 2204. TRADE AND DEVELOPMENT PROGRAM. (a) Reaffirmation of Support for Trade and Development Program.—The Congress reaffirms its support for the Trade and Development Program, and believes that the Program’s ability to 102 STAT. 1329support 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. (b) Authorization and Uses of Funds; Establishment as Separate Agency.— (1) Additional uses of funds.—Section 661(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(a)) is amended by inserting after the first sentence the following: “Funds under this section may be used to provide support for project planning, development, management, and procurement for both bilateral and multilateral projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States exports in such projects.”. (2) Establishment as a separate agency.—Section 661 of that Act is amended— (A) by redesignating subsection (b) as subsection (d); and (B) by inserting after subsection (a) the following: “(b)(1) The purposes of this section shall be carried out by the Trade and Development Program, which shall be a separate component agency of the International Development Cooperation Agency. The Trade and Development Program shall not be an agency within the Agency for International Development or any other component agency of the International Development Cooperation Agency. “(2) There shall be at the head of the Trade and Development Program a Director. Any individual appointed as the Director on or after January 1, 1989, shall be appointed by the President, by and with the advice and consent of the Senate. “(3) The Trade and Development Program should serve as the primary Federal agency to provide information to persons in the private sector concerning trade development and export promotion related to bilateral development projects. The Trade and Development Program shall cooperate with the Office of International Major Projects of the Department of Commerce in providing information to persons in the private sector concerning trade development and export promotion related to multilateral development projects. Other Federal departments and agencies shall cooperate with the Trade and Development Program in order for the Program to more effectively provide informational services in accordance with this paragraph. “(4) The Director of the Trade and Development Program 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 Program in the preceding fiscal year. “(c) The Director of the Trade and Development Program shall, by regulation, establish an advisory board which shall include representatives of the private sector. The purpose of the advisory board shall be to make recommendations to the Director with respect to the Trade and Development Program.”. (3) Funding levels.—In addition to funds otherwise available to the President for purposes of section 661 of the Foreign Assistance Act of 1961— (A) not less than $5,000,000 and not more than $10,000,000 for fiscal year 1988 shall be made available for such purposes, half of which shall be derived from amounts 102 STAT. 1330available to carry out section 108 of the Foreign Assistance Act of 1961 for such fiscal year, and half of which shall be derived from amounts available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for such fiscal year; and (B) not less than $5,000,000 and not more than $10,000,000 for fiscal year 1989 shall be made available for such purposes, half of which shall be derived from amounts available to carry out section 108 of the Foreign Assistance Act of 1961 for such fiscal year, and half of which shall be derived from amounts available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for such fiscal year. (4) Additional funding.—(A) In addition to the amounts otherwise available to the President for purposes of section 661 of the Foreign Assistance Act of 1961 (including amounts available under paragraph (3) of this subsection) for fiscal years 1988 and 1989, there are authorized to be appropriated $10,000,000 for each such fiscal year for education and training programs undertaken in connection with projects under section 661 of that Act, including the operating expenses incurred in implementing such programs. Particular emphasis shall be placed on including in such programs nationals from the People’s Republic of China and the Republic of China (Taiwan). Assistance may be provided for education and training under this paragraph only if there is a reasonable expectation that such education and training will result in increased exports from the United States and will not have a negative impact on employment in the United States. (B) Of the funds made available to carry out subparagraph (A), 50 percent of such funds shall be available only for education and training programs administered in the United States by small business concerns as defined under section 3 of the Small Business Act (15 U.S.C. 632). (c) Authorities Under the Trade and Development Enhancement Act of 1983.— (1) Transfer of functions from aid to tdp.—(A) Section 644 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635q) is amended— (i) in subsection (a)(2) by striking “Agency for International Development” and inserting “Trade and Development Program”; (ii) in subsection (a)(3)(A)— (I) by striking “offered by the Agency for International Development” and inserting “made available under section 645(d) of this Act”; and (II) by striking “Agency for International Development” and inserting “Trade and Development Program”; and (iii) in subsection (d)— (I) by striking “offered by the Agency for International Development” and inserting “made available under section 645(d) of this Act”; and (II) by striking “subsections (c) and (d) of section 645” and inserting “section 645(c)”. (B) Section 645 of that Act (12 U.S.C. 635r) is amended— 102 STAT. 1331 (i) in the section heading by striking “in the agency for international development” and inserting “administered by the trade and development program”; (ii) in subsection (a)— (I) by striking “Administrator of the Agency for International Development shall establish within the Agency” and inserting “Director of the Trade and Development Program shall carry out”; (II) in paragraph (1) by striking “offered by the Agency for International Development” and inserting “made available under subsection (d)”; (III) in paragraph (1) by striking “Agency for International Development” and inserting “Trade and Development Program”; (IV) in paragraph (2) by striking “offered by the Agency for International Development” and inserting “made available under subsection (d)”; and (V) in paragraph (2) by striking “Agency for International Development” and inserting “Trade and Development Program”; (iii) in subsection (c)— (I) in paragraph (1) by striking “of the Agency for International Development”; and (II) in paragraph (2) by striking “Administrator of the Agency for International Development” and inserting “Director of the Trade and Development Program”; and (iv) by amending subsection (d) to read as follows: “(d) Funds available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 may be used by the Director of the Trade and Development Program, with the concurrence of the Secretary of State (as provided under section 531 of the Foreign Assistance Act of 1961), for the purposes for which funds made available under this subsection are authorized to be used in section 644 and this section. The Secretary of State shall exercise his authority in cooperation with the Administrator of the Agency for International Development. Funds made available pursuant to this subsection may be used to finance a tied aid credit activity in any country eligible for tied aid credits under this Act.”. (2) Functions of national advisory council on international monetary and financial policies.—Section 646 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635s) is amended by adding at the end the following: “(b) The Trade and Development Program shall be represented at any meetings of the National Advisory Council on International Monetary and Financial Policies for discussion of tied aid credit matters, and the representative of the Trade and Development Program at any such meeting shall have the right to vote on any decisions of the Advisory Council relating to tied aid credit matters.”. (d) Administrative Provisions.— (1) Pay of director of tdp.—Section 5314 of title 5, United States Code, is amended by adding at the end the following: “Director, Trade and Development Program.”. (2) Transition provisions.—(A) The Administrator of the Agency for International Development shall transfer to the Director of the Trade and Development Program all records, 102 STAT. 1332contracts, applications, and any other documents or information in connection with the functions transferred by virtue of the amendments made by subsection (c)(1). (B) All determinations, regulations, and contracts— (i) which have been issued, made, granted, or allowed to become effective by the President, the Agency for International Development, or by a court of competent jurisdiction, in the performance of the functions transferred by virtue of the amendments made by subsection (c)(1), and (ii) which are in effect at the time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Director of the Trade and Development Program, or other authorized official, by a court of competent jurisdiction, or by operation of law. (C)(i) The amendments made by subsection (c)(1) shall not affect any proceedings, including notices of proposed rulemaking, or any application for any financial assistance, which is pending on the effective date of this section before the Agency for International Development in the exercise of functions transferred by virtue of the amendments made by subsection (c)(1). Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. (ii) Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director of the Trade and Development Program or other authorized official, by a court of competent jurisdiction, or by operation of law. (iii) Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (iv) The Director of the Trade and Development Program is authorized to issue regulations providing for the orderly transfer to the Trade and Development Program of proceedings continued under this subparagraph. (D) With respect to any function transferred by virtue of the amendments made by subsection (c)(1) and exercised on or after the effective date of this section, reference in any other Federal law to the Agency for International Development or any officer shall be deemed to refer to the Trade and Development Program or other official to which such function is so transferred.