[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5547 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5547

   To terminate the authorities of the Trade and Development Agency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2010

  Mr. Royce introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
   To terminate the authorities of the Trade and Development Agency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TERMINATION OF TRADE AND DEVELOPMENT AGENCY.

    (a) Termination of Authority To Provide Assistance.--
            (1) In general.--Effective 60 days after the date of the 
        enactment of this Act, the Trade and Development Agency shall 
        not provide any assistance under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421).
            (2) Preservation of existing contracts and agreements.--
        Paragraph (1) does not require the termination of any contract 
        or other agreement entered into before such paragraph takes 
        effect.
    (b) Termination of TDA.--Effective upon the expiration of the 180-
day period beginning on the date of the enactment of this Act, the 
Trade and Development Agency is abolished.
    (c) Transfer of Operations to OMB.--The Director of the Office of 
Management and Budget shall, effective upon the expiration of the 180-
day period beginning on the date of the enactment of this Act, perform 
the functions of the Trade and Development Agency with respect to 
contracts and agreements described in subsection (a)(2) until the 
expiration of such contracts and agreements, but shall not renew any 
such contract or agreement. The Director shall take the necessary steps 
to wind up the affairs of the Corporation.
    (d) Repeal of Authorities.--Effective upon the expiration of the 
180-day period beginning on the date of the enactment of this Act, 
section 661 of the Foreign Assistance Act of 1961 is repealed, but 
shall continue to apply with respect to functions performed by the 
Director of the Office of Management and Budget under subsection (c).
    (e) Appropriations.--Funds available to the Trade and Development 
Agency shall, upon the effective date of the repeal made by subsection 
(d), be transferred to the Director of the Office of Management and 
Budget for use in performing the functions of the Agency under 
subsection (c). Upon the expiration of the contracts and agreements 
with respect to which the Director is exercising such functions, any 
unexpended balances of the funds transferred under this subsection 
shall be deposited in the Treasury as miscellaneous receipts.

SEC. 2. SAVINGS PROVISIONS.

    (a) Prior Determinations Not Affected.--The repeal made by section 
2(d) of the provision of law set forth in such section shall not affect 
any order, determination, regulation, or contract that has been issued, 
made, or allowed to become effective under such provisions before the 
effective date of the repeal. All such orders, determinations, 
regulations, and contracts shall continue in effect until modified, 
superseded, terminated, set aside, or revoked in accordance with law by 
the President, the Director of the Office of Management and Budget, or 
other authorized official, a court of competent jurisdiction, or by 
operation of law.
    (b) Pending Proceedings.--
            (1) Effect on pending proceedings.--
                    (A) In general.--The repeal made by section 2(d) 
                shall not affect any proceedings, including notices of 
                proposed rulemaking, pending on the effective date of 
                the repeal, before the Trade and Development Agency, 
                except that no assistance may be provided pursuant to 
                any application pending on such effective date. Such 
                proceedings, to the extent that they relate to 
                functions performed by the Director of the Office of 
                Management and Budget after such repeal, shall be 
                continued. Orders shall be issued in such proceedings, 
                appeals shall be taken therefrom, and payments shall be 
                made pursuant to such orders, as if this Act had not 
                been enacted; and orders issued in any such proceedings 
                shall continue in effect until modified, terminated, 
                superseded, or revoked by the Director of the Office of 
                Management and Budget, by a court of competent 
                jurisdiction, or by operation of law.
                    (B) Construction.--Nothing in this subsection shall 
                be deemed to prohibit the discontinuance or 
                modification of any proceeding described in 
                subparagraph (A) under the same terms and conditions 
                and to the same extent that such proceeding could have 
                been discontinued or modified if this Act had not been 
                enacted.
            (2) Regulations for transfer of proceedings.--The Director 
        of the Office of Management and Budget is authorized to issue 
        regulations providing for the orderly transfer of proceedings 
        continued under paragraph (1).
    (c) Actions.--Except as provided in subsection (e)--
            (1) the provisions of this Act shall not affect suits 
        commenced before the effective date of the repeal made by 
        section 2(d); and
            (2) in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (d) Liabilities Incurred.--No suit, action, or other proceeding 
commenced by or against an individual in the official capacity of such 
individual as an officer of the Trade and Development Agency shall 
abate by reason of the enactment of this Act. No cause of action by or 
against the Trade and Development Agency, or by or against any officer 
thereof in the official capacity of such officer, shall abate by reason 
of the enactment of this Act.
    (e) Parties.--If, before the effective date of the repeal made by 
section 2(d), the Trade and Development Agency or an officer thereof in 
the official capacity of such officer, is a party to a suit, then such 
suit shall be continued with the Director of the Office of Management 
and Budget substituted or added as a party.
    (f) Review.--Orders and actions of the Director of the Office of 
Management and Budget in the exercise of functions of the Trade and 
Development Agency shall be subject to judicial review to the same 
extent and in the same manner as if such orders and actions had been 
issued or taken by the Trade and Development Agency. Any statutory 
requirements relating to notice, hearings, action upon the record, or 
administrative review that apply to any function of the Trade and 
Development Agency shall apply to the exercise of such function by the 
Director of the Office of Management and Budget.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title 5, United States Code.--Section 5314 of title 5, United 
States Code, is amended by striking:
            ``Director, Trade and Development Agency.''.
    (b) Other Amendments and Repeals.--(1) The Trade and Development 
Enhancement Act of 1983 (12 U.S.C. 635q(a)) is amended--
            (A) in section 644(a)--
                    (i) in paragraph (2), by striking ``with the Trade 
                and Development Agency and'';
                    (ii) by striking paragraph (3)(A); and
                    (iii) by striking subsection (c);
            (B) by striking section 645; and
            (C) in section 646--
                    (i) in subsection (a)--
                            (I) in paragraph (1), by striking 
                        ``sections 644 and 645'' and inserting 
                        ``section 644''; and
                            (II) in paragraph (2), by striking ``644 
                        or''; and
                    (ii) by striking subsection (b).
    (2) Section 647 of the Clean Water for the Americas Partnership Act 
of 2002 (22 U.S.C. 2151p note) is repealed.
    (3) Section 499B(b)(3) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2296b(b)(3)) is repealed.
    (4) The following provisions of the Support for East European 
Democracy (SEED) Act of 1989 are repealed:
            (A) Section 2(c)(14) (22 U.S.C. 5401(c)(14)).
            (B) Section 305 (22 U.S.C. 2421 note) and the item relating 
        to that section in the table of contents.
    (5) Section 202(b)(2)(B)(v) of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)(v)) is 
repealed.
    (6) Section 405(a)(10) of the International Religious Freedom Act 
of 1998 (22 U.S.C. 6445(a)(10)) is amended by striking ``, the Overseas 
Private Investment Corporation, or the Trade and Development Agency'' 
and inserting ``or the Overseas Private Investment Corporation''.
    (7) Section 616(c) of the Tibetan Policy Act of 2002 (22 U.S.C. 
6901 note) is amended--
            (A) in the heading, by striking ``and TDA''; and
            (B) by striking ``and the Trade and Development Agency''.
    (8) Section 915 of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17335), and the item relating to that section in the table 
of contents, are repealed.
    (c) Effective Date.--The amendments and repeals made by this 
section shall take effect upon the expiration of the 180-day period 
beginning on the date of the enactment of this Act.
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