|
U.S. Code as of:
01/19/04
Section 2151aa. Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries
(a) Establishment of program
(1) In general
Not later than 150 days after October 21, 1998, the Secretary
of the Treasury, after consultation with the Secretary of State
and the Administrator of the United States Agency for
International Development, is authorized to establish a program
to provide technical assistance to foreign governments and
foreign central banks of developing or transitional countries.
(2) Role of Secretary of State
The Secretary of State shall provide foreign policy guidance to
the Secretary to ensure that the program established under this
subsection is effectively integrated into the foreign policy of
the United States.
(b) Conduct of program
(1) In general
In carrying out the program established under subsection (a) of
this section, the Secretary shall provide economic and financial
technical assistance to foreign governments and foreign central
banks of developing and transitional countries by providing
advisers with appropriate expertise to advance the enactment of
laws and establishment of administrative procedures and
institutions in such countries to promote macroeconomic and
fiscal stability, efficient resource allocation, transparent and
market-oriented processes and sustainable private sector growth.
(2) Additional requirements
To the extent practicable, such technical assistance shall be
designed to establish -
(A) tax systems that are fair, objective, and efficiently
gather sufficient revenues for governmental operations;
(B) debt issuance and management programs that rely on market
forces;
(C) budget planning and implementation that permits
responsible fiscal policy management;
(D) commercial banking sector development that efficiently
intermediates between savers and investors; and
(E) financial law enforcement to protect the integrity of
financial systems, financial institutions, and government
programs.
(3) Emphasis on anti-corruption
Such technical assistance shall include elements designed to
combat anti-competitive, unethical, and corrupt activities,
including protection against actions that may distort or inhibit
transparency in market mechanisms and, to the extent applicable,
privatization procedures.
(c) Administrative requirements
In carrying out the program established under subsection (a) of
this section, the Secretary -
(1) shall establish a methodology for identifying and selecting
foreign governments and foreign central banks to receive
assistance under the program;
(2) prior to selecting a foreign government or foreign central
bank to receive assistance under the program, shall receive the
concurrence of the Secretary of State with respect to the
selection of such government or central bank and with respect to
the cost of the assistance to such government or central bank;
(3) shall consult with the heads of appropriate Executive
agencies of the United States, including the Secretary of State
and the Administrator of the United States Agency for
International Development, and appropriate international
financial institutions to avoid duplicative efforts with respect
to those foreign countries for which such agencies or
organizations provide similar assistance;
(4) shall ensure that the program is consistent with the
International Affairs Strategic Plan and Mission Performance Plan
of the United States Agency for International Development;
(5) shall establish and carry out a plan to evaluate the
program.
(d) Administrative authorities
In carrying out the program established under subsection (a) of
this section, the Secretary shall have the following administrative
authorities:
(1) The Secretary may provide allowances and benefits under
chapter 9 of title I of the Foreign Service Act of 1980 (22
U.S.C. 4081 et seq.) to any officer or employee of any agency of
the United States Government performing functions under this
section outside the United States.
(2)(A) The Secretary may allocate or transfer to any agency of
the United States Government any part of any funds available for
carrying out this section, including any advance to the United
States Government by any country or international organization
for the procurement of commodities, supplies, or services.
(B) Such funds shall be available for obligation and
expenditure for the purposes for which such funds were
authorized, in accordance with authority granted in this section
or under authority governing the activities of the agency of the
United States Government to which such funds are allocated or
transferred.
(3) Appropriations for the purposes of or pursuant to this
section, and allocations to any agency of the United States
Government from other appropriations for functions directly
related to the purposes of this section, shall be available for -
(A) contracting with individuals for personal services
abroad, except that such individuals shall not be regarded as
employees of the United States Government for the purpose of
any law administered by the Office of Personnel Management;
(B) the purchase and hire of passenger motor vehicles, except
that passenger motor vehicles may be purchased only -
(i) for use in foreign countries; and
(ii) if the Secretary or the Secretary's designee has
determined that the vehicle is necessary to accomplish the
mission;
(C) the purchase of insurance for official motor vehicles
acquired for use in foreign countries;
(D)(i) the rent or lease outside the United States, not to
exceed 5 years, of offices, buildings, grounds, and quarters,
including living quarters to house personnel, consistent with
the relevant interagency housing board policy, and payments
therefor in advance;
(ii) maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or rented by
the United States Government or made available for use to the
United States Government outside the United States; and
(iii) costs of insurance, fuel, water, and utilities for such
properties;
(E) expenses of preparing and transporting to their former
homes or places of burial the remains of foreign participants
or members of the family of foreign participants, who may die
while such participants are away from their homes participating
in activities carried out with funds covered by this section;
(F) notwithstanding any other provision of law,
transportation and payment of per diem in lieu of subsistence
to foreign participants engaged in activities of the program
under this section while such participants are away from their
homes in countries other than the United States, at rates not
in excess of those prescribed by the standardized Government
travel regulations;
(G) expenses in connection with travel of personnel outside
the United States, including travel expenses of dependents
(including expenses during necessary stop-overs while engaged
in such travel), and transportation of personal effects,
household goods, and automobiles of such personnel when any
part of such travel or transportation begins in one fiscal year
pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or transportation may
not be completed during the same fiscal year, and cost of
transporting automobiles to and from a place of storage, and
the cost of storing automobiles of such personnel when it is in
the public interest or more economical to authorize storage;
and
(H) grants to, and cooperative agreements and contracts with,
any individual, corporation, or other body of persons,
nonprofit organization, friendly government or government
agency, whether within or without the United States, and
international organizations, as the Secretary determines is
appropriate to carry out the purposes of this section.
(4) Whenever the Secretary determines it to be consistent with
the purposes of this section, the Secretary is authorized to
furnish services and commodities on an advance-of-funds basis to
any friendly country or international organization that is not
otherwise prohibited from receiving assistance under this
chapter. Such advances may be credited to the currently
applicable appropriation, account, or fund of the Department of
the Treasury and shall be available for the purposes for which
such appropriation, account, or fund is authorized to be used.
(e) Issuance of regulations
The Secretary is authorized to issue such regulations with
respect to personal service contractors as the Secretary deems
necessary to carry out this section.
(f) Rule of construction
Nothing in this section shall be construed to infringe upon the
powers or functions of the Secretary of State (including the powers
or functions described in section 4802 of this title) or of any
chief of mission (including the powers or functions described in
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
(g) Termination of assistance
The Secretary shall conclude assistance activities for a
recipient foreign government or foreign central bank under the
program established under subsection (a) of this section if the
Secretary, after consultation with the appropriate officers of the
United States, determines that such assistance has resulted in the
enactment of laws or the establishment of institutions in that
country that promote fiscal stability and administrative
procedures, efficient resource allocation, transparent and
market-oriented processes and private sector growth in a
sustainable manner.
(h) Report
(1) In general
Not later than 3 months after October 21, 1998, and every 6
months thereafter, the Secretary shall prepare and submit to the
appropriate congressional committees a report on the conduct of
the program established under this section during the preceding
6-month period.
(2) Definition
In this subsection, the term "appropriate congressional
committees" means -
(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(i) Definitions
In this section:
(1) Developing or transitional country
The term "developing or transitional country" means a country
eligible to receive development assistance under this part.
(2) International financial institution
The term "international financial institution" means the
International Monetary Fund, the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guarantee Agency, the Asian Development
Bank, the African Development Bank, the African Development Fund,
the Inter-American Development Bank, the Inter-American
Investment Corporation, the European Bank for Reconstruction and
Development, and the Bank for Economic Cooperation and
Development in the Middle East and North Africa.
(3) Secretary
The term "Secretary" means the Secretary of the Treasury.
(4) Technical assistance
The term "technical assistance" includes -
(A) the use of short-term and long-term expert advisers to
assist foreign governments and foreign central banks for the
purposes described in subsection (b)(1) of this section;
(B) training in the recipient country, the United States, or
elsewhere for the purposes described in subsection (b)(1) of
this section;
(C) grants of goods, services, or funds to foreign
governments and foreign central banks;
(D) grants to United States nonprofit organizations to
provide services or products which contribute to the provision
of advice to foreign governments and foreign central banks; and
(E) study tours for foreign officials in the United States or
elsewhere for the purpose of providing technical information to
such officials.
(5) Foreign participant
The term "foreign participant" means the national of a
developing or transitional country that is receiving assistance
under the program established under subsection (a) of this
section who has been designated to participate in activities
under such program.
(j) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this
section $5,000,000 for fiscal year 1999.
(2) Availability of amounts
Amounts authorized to be appropriated under paragraph (1) are
authorized to remain available until expended.
|
|