§ 1738. — Establishment of Facility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1738]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER VI--ENTERPRISE FOR THE AMERICAS INITIATIVE
Sec. 1738. Establishment of Facility
There is established in the Department of the Treasury an entity to
be known as the ``Enterprise for the Americas Facility'' (hereafter
referred to in this subchapter as the ``Facility'').
(July 10, 1954, ch. 469, title VI, Sec. 601, as added Pub. L. 101-624,
title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3658.)
Effective Date
Subchapter effective Jan. 1, 1991, see section 1513 of Pub. L. 101-
624, set out as an Effective Date of 1990 Amendment note under section
1691 of this title.
Ex. Ord. No. 12757. Implementation of Enterprise for the Americas
Initiative and the Tropical Forest Conservation Act of 1998
Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R. 12107, as amended by Ex.
Ord. No. 12823, Dec. 3, 1992, 57 F.R. 57645; Ex. Ord. No. 13028, Dec. 3,
1996, 61 F.R. 64589; Ex. Ord. No. 13131, July 22, 1999, 64 F.R. 40733,
provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Agricultural
Trade Development and Assistance Act of 1954 (``ATDA Act'') [7 U.S.C.
1691 et seq.], as amended by Public Law 101-624 and Public Law 102-237,
the Foreign Assistance Act of 1961 (``FAA'') [22 U.S.C. 2151 et seq.],
as amended by Public Law 102-549 and Public Law 105-214, and section 571
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (``Public Law 104-107'') [110 Stat. 748], it is
hereby ordered as follows:
Section 1. The functions vested in the President by sections 603,
604, 611, and [former] 614 of the ATDA Act [7 U.S.C. 1738b, 1738c,
1738j, and former 1738m], sections 703, 704, 805(b), 806(a), 807(a),
808(a)(1)(A), 808(a)(2), 812 and 813 of the FAA [22 U.S.C. 2430b, 2430c,
2431c(b), 2431d(a), 2431e(a), 2431f(a)(1)(A), (2), 2431j, 2431k], and
section 571(a)(1) of Public Law 104-107 are delegated to the Secretary
of the Treasury (``Secretary''), who shall exercise such functions in
accordance with recommendations of the National Advisory Council on
International Monetary and Financial Policies (``Council''), as
established by Executive Order No. 11269 of February 14, 1966 [22 U.S.C.
286b note]; except that, with respect to the eligibility determinations
required by section 703(a)(1), (2), (3), and (4) of the FAA and the
corresponding determinations required by section 805(b) of the FAA,,
[sic] the Secretary of the Treasury shall act in accordance with the
recommendations of the Secretary of State. The functions vested in the
President by sections 808(a)(1)(B) and (C), and 808(a)(4) of the FAA,
and by section 571(a)(2), (c) and (d) of Public Law 104-107 are also
delegated to the Secretary, who shall exercise such functions in
accordance with recommendations of the Council and in consultation with
the Secretary of State. The Secretary of State, when necessary, shall
report to the Council regarding the need to review the implementation of
environmental programs pursuant to section 611 of the ATDA Act.
Sec. 2. (a) For purposes of section 1 of this order only, the
membership of the Council shall be expanded to include the following:
the Secretary of Agriculture, the Director of the Office of Management
and Budget, the Chairman of the Council of Economic Advisers, the
Chairman of the Council on Environmental Quality, and the Administrator
of the Environmental Protection Agency.
(b) Whenever matters being considered by the Council may be of
interest to an agency not represented on the Council, the chairperson
may invite a representative of such agency to participate in meetings
and deliberations of the Council.
(c) In the event of a disagreement among agencies represented on the
Council, the Secretary shall refer the issue to the appropriate Cabinet-
level body designated by the President.
Sec. 3. (a) The functions vested in the President by section 607 of
the ATDA Act [7 U.S.C. 1738f] are delegated to the Secretary of State,
in consultation with the Department of the Treasury, the Department of
Agriculture, the Department of Commerce, the Council on Environmental
Quality, the Environmental Protection Agency, the Agency for
International Development, and any other agency determined by the
Secretary of State to have an interest in an environmental framework
agreement.
(b) Pursuant to section 610(c) of the ATDA Act [7 U.S.C. 1738i(c)]
and section 709(1) of the FAA [22 U.S.C. 2430h(1)], the Enterprise for
the Americas Board shall advise the Secretary of State on the
negotiations of the environmental framework agreements and the Americas
Framework Agreements. The Enterprise for the Americas Board, as
constituted pursuant to section 811 of the FAA [22 U.S.C. 2431i], shall
also advise the Secretary of State and the Administrator of the United
States Agency for International Development on the Secretary--s [sic]
negotiation of Tropical Forest Agreements.
(c) The Secretary of State shall ensure that the elements and
requirements for the Administering Bodies established in section 607(c)
of the ATDA Act and sections 708(c) and 809(c) of the FAA [22 U.S.C.
2430g(c), 2431g(c)] shall be included in the environmental framework
agreements, the Americas Framework Agreements and the Tropical Forest
Agreements, respectively.
Sec. 4. (a) The six U.S. Government members of the Enterprise for
the Americas Board (``Board'') established by section 610 of the ATDA
Act [7 U.S.C. 1738i] shall be representatives from the Department of
State, the Department of the Treasury, the Department of Agriculture,
the Environmental Protection Agency, the Agency for International
Development, and the Inter-American Foundation. The two additional U.S.
Government members of the Enterprise for the Americas Board appointed
pursuant to section 811(b)(1)(A) of the FAA [22 U.S.C. 2431i(b)(1)(A)]
shall be a representative of the International Forestry Division of the
United States Forest Service and a representative of the Council on
Environmental Quality.
(b) The Department of Commerce and other appropriate agencies may
each send representatives to the meetings of the Board, and such
representatives may participate in the activities of the Board.
(c) The representative from the Department of the Treasury shall be
the chairperson of the Board. The representative from the Department of
State shall be the vice chairperson of the Board. The representative
from the Environmental Protection Agency shall serve as secretary of the
Board.
(1) The chairperson shall be responsible for presiding over the
meetings of the Board, ensuring that the views of all other participants
are taken into account, and coordinating with other appropriate agencies
in assisting the Board in its review of the fiscal audits conducted
pursuant to section 607(c)(4) of the ATDA Act [7 U.S.C. 1738f(c)(4)] and
sections 708(c)(3)(C) and 811(c)(3) of the FAA [22 U.S.C.
2430g(c)(3)(C), 2431i(c)(3)].
(2) The vice chairperson shall be responsible for serving as liaison
between the Board and local governments, local nongovernmental
organizations, and the local Administering Bodies in Latin America and
the Caribbean, and for coordinating the international activities related
to programs funded under the ATDA Act and Parts IV and V of the FAA [22
U.S.C. 2430 et seq., 2431 et seq.].
(3) The secretary of the Board shall be responsible for coordinating
the preparation of materials for Board discussion, including the
technical reviews of the annual programs and reports required to be
submitted to the Board under section 607(c)(5) and (c)(6) of the ATDA
Act and section 708(c)(3)(E) and (F) of the FAA, and for preparing
official minutes of Board discussions.
(d) The five private nongovernmental organization members of the
Board appointed pursuant to section 610(b)(1)(B) of the ATDA Act and the
two additional members appointed pursuant to section 811(b)(1)(B) of the
FAA shall be appointed by the President.
Sec. 5. No new agreement under Title I of the Agricultural Trade
Development and Assistance Act of 1954, as amended [7 U.S.C. 1701 et
seq.], and no new credit agreement under the Food for Progress Act of
1985, as amended [7 U.S.C. 1736o], shall be entered into with any
country that is in default with respect to the payment of principal or
interest on any obligation issued pursuant to section 604 of the ATDA
Act [7 U.S.C. 1738c] unless such country meets its obligations or unless
the President so authorizes.
Sec. 6. Any references in this order to section 571, or any
subsection of section 571, of Public Law 104-107 shall be deemed to
include references to any hereinafter-enacted provision of law that is
the same or substantially the same as such section 571 or any subsection
thereof.
Sec. 7. This order is intended only to improve the internal
management of the executive branch and is not intended to create any
right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
person.
Section Referred to in Other Sections
This section is referred to in title 12 section 635i-6; title 22
section 2430a.
