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. 655.964 Limitations Upon Assistance to or for Cambodia. * * * [Repealed-1978]

Sec. 656.965 Limitations on United States Personnel and Personnel Assisted by United States in Cambodia.—* * [Repealed-1978]

Sec. 657.966 Annual Report on Military Assistance and Military Exports.-* * * [Repealed-1981]

Sec. 658.967 Limitations on Use of Funds. *** [Repealed— 1978]

Sec. 659.968 Access to Certain Military Bases Abroad.*** [Repealed-1981]

Sec. 660.969 Prohibiting Police Training. (a) On and after July 1, 1975, none of the funds made available to carry out this

964 Sec. 655, as added by the FA Act of 1971, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

965 Sec. 656, as added by Public Law 92-226 (86 Stat. 20), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). 966 Sec. 657, as added by the FA Act of 1971, was repealed by sec. 502(dX1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).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 Sec. 657 was again repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).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(aX10) of this Act and sec. 25(a) of the Arms Export Control Act.

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

968 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;

"(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.".

989 22 U.S.C. 2420. Sec. 660 was added by sec. 30(a) of the FA Act of 1974.

Sec. 104 of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691; 22 U.S.C. 2420 note) provided the following exemption:

"SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR FISCAL YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT AGENCIES.

a) EXEMPTION.-For fiscal year 1995, section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to

"(1) transfers of excess defense articles under section 517 of that Act (22 U.S.C. 2321k); "(2) funds made available for the Foreign Military Financing Program' under section 23 of the Arms Export Control Act (22 U.S.C. 2763) that are used for assistance provided for narcotics-related purposes; or

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 970 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)971 with respect to assistance, including training, in maritime law enforcement and other maritime skills; or

(4)972 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.

(c) 973 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) 973,974 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

"(3) international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 and following) that is provided for narcoticsrelated purposes.

"(b) NOTIFICATION TO CONGRESS.-At least 15 days before any transfer under subsection (aX1) or any obligation of funds under subsection (aX2) or (a)(3), the President shall notify the appropriate congressional committees (as defined in section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394).

"(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 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.).".

970 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.

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

972 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).

973 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).

974 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).

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. 661.975 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 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.

975 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".

(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)976 AUTHORIZATION.—(A) There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $77,000,000 for fiscal year 1995 and such sums as are necessary for fiscal year 1996.

(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 fiscal years 1993 and 1994, substantially increase the amount of funds it provides 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

976 Sec. 201 of the Jobs Through Trade Expansion Act of 1994 (Public Law 103-392; 108 Stat. 4099) amended and restated para. (1) of subscc. (f), adding subpara. designations (A) and (B), and stating authorization levels for fiscal years 1995 and 1996.

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; fiscal year 1993-$55,000,000; fiscal year 1994-$65,000,000.

Title IV of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1624), provided the following:

"TRADE AND DEVELOPMENT AGENCY

"For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $44,986,000.".

Sec. 902(aX2) 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 scc. 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 1994, vol. II, sec. D.

See also the South African Democratic Transition Support Act of 1993 (Public Law 103-149; 107 Stat. 1503), sec. 6(c) of which called on the Director of the Trade and Development Agency to provide additional funds for activities related to projects in South Africa, in Legislation on Foreign Relations Through 1994, vol. III.