I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TERMINATION OF TRADE AND DEVELOPMENT 

4 AGENCY. 

5 (a) TERMINATION OF AUTHORITY TO PROVIDE AS6 SISTANCE.— 

7 (1) IN GENERAL.—Effective 60 days after the 

8 date of the enactment of this Act, the Trade and 

9 Development Agency shall not provide any assist10 ance under section 661 of the Foreign Assistance 

11 Act of 1961 (22 U.S.C. 2421). 


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1 (2) PRESERVATION OF EXISTING CONTRACTS

2 AND AGREEMENTS.—Paragraph (1) does not require 

3 the termination of any contract or other agreement 

4 entered into before such paragraph takes effect. 

5 (b) TERMINATION OF TDA.—Effective upon the ex6 piration of the 180-day period beginning on the date of 

7 the enactment of this Act, the Trade and Development 

8 Agency is abolished. 

9 (c) TRANSFER OF OPERATIONS TO OMB.—The Di10 rector of the Office of Management and Budget shall, ef11 fective upon the expiration of the 180-day period begin12 ning on the date of the enactment of this Act, perform 

13 the functions of the Trade and Development Agency with 

14 respect to contracts and agreements described in sub15 section (a)(2) until the expiration of such contracts and 

16 agreements, but shall not renew any such contract or 

17 agreement. The Director shall take the necessary steps to 

18 wind up the affairs of the Corporation. 

19 (d) REPEAL OF AUTHORITIES.—Effective upon the 

20 expiration of the 180-day period beginning on the date of 

21 the enactment of this Act, section 661 of the Foreign As22 sistance Act of 1961 is repealed, but shall continue to 

23 apply with respect to functions performed by the Director 

24 of the Office of Management and Budget under subsection 

25 (c). 


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1 (e) APPROPRIATIONS.—Funds available to the Trade 

2 and Development Agency shall, upon the effective date of 

3 the repeal made by subsection (d), be transferred to the 

4 Director of the Office of Management and Budget for use 

5 in performing the functions of the Agency under sub6 section (c). Upon the expiration of the contracts and 

7 agreements with respect to which the Director is exer8 cising such functions, any unexpended balances of the 

9 funds transferred under this subsection shall be deposited 

10 in the Treasury as miscellaneous receipts. 

11 SEC. 2. SAVINGS PROVISIONS. 

12 (a) PRIOR DETERMINATIONS NOT AFFECTED.—The 

13 repeal made by section 2(d) of the provision of law set 

14 forth in such section shall not affect any order, determina15 tion, regulation, or contract that has been issued, made, 

16 or allowed to become effective under such provisions before 

17 the effective date of the repeal. All such orders, determina18 tions, regulations, and contracts shall continue in effect 

19 until modified, superseded, terminated, set aside, or re20 voked in accordance with law by the President, the Direc21 tor of the Office of Management and Budget, or other au22 thorized official, a court of competent jurisdiction, or by 

23 operation of law. 

24 (b) PENDING PROCEEDINGS.— 

25 (1) EFFECT ON PENDING PROCEEDINGS.— 


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1 (A) IN GENERAL.—The repeal made by 

2 section 2(d) shall not affect any proceedings, in3 cluding notices of proposed rulemaking, pending 

4 on the effective date of the repeal, before the 

5 Trade and Development Agency, except that no 

6 assistance may be provided pursuant to any ap7 plication pending on such effective date. Such 

8 proceedings, to the extent that they relate to 

9 functions performed by the Director of the Of10 fice of Management and Budget after such re11 peal, shall be continued. Orders shall be issued 

12 in such proceedings, appeals shall be taken 

13 therefrom, and payments shall be made pursu14 ant to such orders, as if this Act had not been 

15 enacted; and orders issued in any such pro16 ceedings shall continue in effect until modified, 

17 terminated, superseded, or revoked by the Di18 rector of the Office of Management and Budg19 et, by a court of competent jurisdiction, or by 

20 operation of law. 

21 (B) CONSTRUCTION.—Nothing in this sub22 section shall be deemed to prohibit the dis23 continuance or modification of any proceeding 

24 described in subparagraph (A) under the same 

25 terms and conditions and to the same extent 


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1 that such proceeding could have been discon2 tinued or modified if this Act had not been en3 acted. 

4 (2) REGULATIONS FOR TRANSFER OF PRO5 CEEDINGS.—The Director of the Office of Manage6 ment and Budget is authorized to issue regulations 

7 providing for the orderly transfer of proceedings 

8 continued under paragraph (1). 

9 (c) ACTIONS.—Except as provided in subsection 

10 (e)— 

11 (1) the provisions of this Act shall not affect 

12 suits commenced before the effective date of the re13 peal made by section 2(d); and 

14 (2) in all such suits, proceedings shall be had, 

15 appeals taken, and judgments rendered in the same 

16 manner and effect as if this Act had not been en17 acted. 

18 (d) LIABILITIES INCURRED.—No suit, action, or 

19 other proceeding commenced by or against an individual 

20 in the official capacity of such individual as an officer of 

21 the Trade and Development Agency shall abate by reason 

22 of the enactment of this Act. No cause of action by or 

23 against the Trade and Development Agency, or by or 

24 against any officer thereof in the official capacity of such 

25 officer, shall abate by reason of the enactment of this Act. 


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1 (e) PARTIES.—If, before the effective date of the re2 peal made by section 2(d), the Trade and Development 

3 Agency or an officer thereof in the official capacity of such 

4 officer, is a party to a suit, then such suit shall be contin5 ued with the Director of the Office of Management and 

6 Budget substituted or added as a party. 

7 (f) REVIEW.—Orders and actions of the Director of 

8 the Office of Management and Budget in the exercise of 

9 functions of the Trade and Development Agency shall be 

10 subject to judicial review to the same extent and in the 

11 same manner as if such orders and actions had been 

12 issued or taken by the Trade and Development Agency. 

13 Any statutory requirements relating to notice, hearings, 

14 action upon the record, or administrative review that apply 

15 to any function of the Trade and Development Agency 

16 shall apply to the exercise of such function by the Director 

17 of the Office of Management and Budget. 

18 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) TITLE 5, UNITED STATES CODE.—Section 5314 

20 of title 5, United States Code, is amended by striking: 

21 ‘‘Director, Trade and Development Agency.’’. 

22 (b) OTHER AMENDMENTS AND REPEALS.—(1) The 

23 Trade and Development Enhancement Act of 1983 (12 

24 U.S.C. 635q(a)) is amended— 

25 (A) in section 644(a)— 


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1 (i) in paragraph (2), by striking ‘‘with the 

2 Trade and Development Agency and’’; 

3 (ii) by striking paragraph (3)(A); and 

4 (iii) by striking subsection (c); 

5 (B) by striking section 645; and 

6 (C) in section 646— 

7 (i) in subsection (a)— 

8 (I) in paragraph (1), by striking ‘‘sec9 tions 644 and 645’’ and inserting ‘‘section 

10 644’’; and 

11 (II) in paragraph (2), by striking 

12 ‘‘644 or’’; and 

13 (ii) by striking subsection (b). 

14 (2) Section 647 of the Clean Water for the Americas 

15 Partnership Act of 2002 (22 U.S.C. 2151p note) is re16 pealed. 

17 (3) Section 499B(b)(3) of the Foreign Assistance Act 

18 of 1961 (22 U.S.C. 2296b(b)(3)) is repealed. 

19 (4) The following provisions of the Support for East 

20 European Democracy (SEED) Act of 1989 are repealed: 

21 (A) Section 2(c)(14) (22 U.S.C. 5401(c)(14)). 

22 (B) Section 305 (22 U.S.C. 2421 note) and the 

23 item relating to that section in the table of contents. 


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1 (5) Section 202(b)(2)(B)(v) of the Cuban Liberty and 

2 Democratic Solidarity (LIBERTAD) Act of 1996 (22 

3 U.S.C. 6062(b)(2)(B)(v)) is repealed. 

4 (6) Section 405(a)(10) of the International Religious 

5 Freedom Act of 1998 (22 U.S.C. 6445(a)(10)) is amended 

6 by striking ‘‘, the Overseas Private Investment Corpora7 tion, or the Trade and Development Agency’’ and insert8 ing ‘‘or the Overseas Private Investment Corporation’’. 

9 (7) Section 616(c) of the Tibetan Policy Act of 2002 

10 (22 U.S.C. 6901 note) is amended— 

11 (A) in the heading, by striking ‘‘AND TDA’’; 

12 and 

13 (B) by striking ‘‘and the Trade and Develop14 ment Agency’’. 

15 (8) Section 915 of the Energy Independence and Se16 curity Act of 2007 (42 U.S.C. 17335), and the item relat17 ing to that section in the table of contents, are repealed. 

18 (c) EFFECTIVE DATE.—The amendments and re19 peals made by this section shall take effect upon the expi20 ration of the 180-day period beginning on the date of the 

21 enactment of this Act. 

Æ 


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