1.Termination of Trade and
Development Agency
(a)Termination of
authority To provide assistance
(1)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 agreementsParagraph (1) does not require
the termination of any contract or other agreement entered into before such
paragraph takes effect.
(b)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 OMBThe
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)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this Act, section 661 of the Foreign Assistance Act of 1961 is repealed, but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)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.
2.
(a)Prior
Determinations Not AffectedThe 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continue in effect until modified, superseded, terminated, set aside, or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)
(1)Effect on
pending proceedings
(A)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)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 proceedingsThe 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)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)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)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)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.
3.Technical and
conforming amendments
(a)Title 5, United
States CodeSection 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)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.