§ 2430g. — Americas Framework Agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2430g]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32--FOREIGN ASSISTANCE
SUBCHAPTER III-A--ENTERPRISE FOR THE AMERICAS INITIATIVE
Sec. 2430g. Americas Framework Agreements
(a) Authority
The Secretary of State is authorized, in consultation with other
appropriate Government officials, to enter into an Americas Framework
Agreement with any eligible country concerning the operation and use of
the Americas Fund for that country. In the negotiation of such
Agreements, the Secretary shall consult with the Enterprise for the
Americas Board in accordance with section 2430h of this title.
(b) Contents of Agreements
An Americas Framework Agreement with an eligible country shall--
(1) require that country to establish an Americas Fund;
(2) require that country to make interest payments under section
2430e(b)(1) of this title into an Americas Fund;
(3) require that country to make prompt disbursements from the
Americas Fund to the administering body described in subsection (c)
of this section;
(4) when appropriate, seek to maintain the value of the local
currency resources of the Americas Fund in terms of United States
dollars;
(5) specify, in accordance with subsection (d) of this section,
the purposes for which amounts in an Americas Fund may be used; and
(6) contain reasonable provisions for the enforcement of the
terms of the agreement.
(c) Administering body
(1) In general
Funds disbursed from the Americas Fund in each beneficiary
country shall be administered by a body constituted under the laws
of that country.
(2) Composition
The administering body shall consist of--
(A) one or more individuals appointed by the United States
Government,
(B) one or more individuals appointed by the government of
the beneficiary country, and
(C) individuals who represent a broad range of--
(i) environmental nongovernmental organizations of the
beneficiary country,
(ii) child survival and child development
nongovernmental organizations of the beneficiary country,
(iii) local community development nongovernmental
organizations of the beneficiary country, and
(iv) scientific or academic organizations or
institutions of the beneficiary country.
A majority of the members of the administering body shall be
individuals described in subparagraph (C).
(3) Responsibilities
The administering body--
(A) shall receive proposals for grant assistance from
eligible grant recipients (as determined under subsection (e) of
this section) and make grants to eligible grant recipients in
accordance with the priorities agreed upon in the Americas
Framework Agreement, consistent with subsection (d) of this
section;
(B) shall be responsible for the management of the program
and oversight of grant activities funded from resources of the
Americas Fund;
(C) shall be subject, on an annual basis, to an audit of
financial statements conducted in accordance with generally
accepted auditing standards by an independent auditor;
(D) shall be required to grant to representatives of the
United States General Accounting Office such access to books and
records associated with operations of the Americas Fund as the
Comptroller General of the United States may request;
(E) shall present an annual program for review each year by
the Enterprise for the Americas Board; and
(F) shall submit a report each year on the activities that
it undertook during the previous year to the Chair of the
Enterprise for the Americas Board and to the government of the
beneficiary country.
(d) Eligible activities
Grants from an Americas Fund shall be used for--
(1) activities that link the conservation and sustainable use of
natural resources with local community development; and
(2) child survival and other child development activities.
(e) Grant recipients
Grants made from an Americas Fund shall be made to--
(1) nongovernmental environmental, conservation, child survival
and child development, development, and indigenous peoples
organizations of the beneficiary country;
(2) other appropriate local or regional entities; and
(3) in exceptional circumstances, the government of the
beneficiary country.
(f) Review of larger grants
Any grant of more than $100,000 from an Americas Fund shall be
subject to veto by the Government of the United States or the government
of the beneficiary country.
(g) Eligibility criteria
In the event that a country ceases to meet the eligibility
requirements set forth in section 2430b(a) of this title, as determined
by the President pursuant to section 2430b(b) of this title, then grants
from the Americas Fund for that country may only be made to
nongovernmental organizations until such time as the President
determines that such country meets the eligibility requirements set
forth in section 2430b(a) of this title.
(Pub. L. 87-195, pt. IV, Sec. 708, as added Pub. L. 102-549, title VI,
Sec. 602(a), Oct. 28, 1992, 106 Stat. 3667.)
Prior Provisions
A prior section 708 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
Stat. 464, amended sections 1041, 1112, 1136, 1148, and 1157 of this
title, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1,
1962, 76 Stat. 263, except insofar as section 708 affected sections
1041, 1112, 1136, 1148, and 1157.
Section Referred to in Other Sections
This section is referred to in sections 2430a, 2431g of this title.