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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TERMINATION OF TRADE AND DEVELOPMENT 
AGENCY. 
(a) TERMINATION OF AUTHORITY TO PROVIDE AS-
SISTANCE.— 
(1) IN GENERAL.—Effective 60 days after the 
date of the enactment of this Act, the Trade and 
Development Agency shall not provide any assist-
ance under section 661 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2421). 
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(2) PRESERVATION
OF
EXISTING
CONTRACTS 
AND AGREEMENTS.—Paragraph (1) does not require 
the termination of any contract or other agreement 
entered into before such paragraph takes effect. 
(b) TERMINATION OF TDA.—Effective upon the ex-
piration 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 OMB.—The Di-
rector of the Office of Management and Budget shall, ef-
fective upon the expiration of the 180-day period begin-
ning 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 sub-
section (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) REPEAL OF AUTHORITIES.—Effective upon the 
expiration of the 180-day period beginning on the date of 
the enactment of this Act, section 661 of the Foreign As-
sistance Act of 1961 is repealed, but shall continue to 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). 
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(e) APPROPRIATIONS.—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 sub-
section (c). Upon the expiration of the contracts and 
agreements with respect to which the Director is exer-
cising such functions, any unexpended balances of the 
funds transferred under this subsection shall be deposited 
in the Treasury as miscellaneous receipts. 
SEC. 2. SAVINGS PROVISIONS. 
(a) PRIOR DETERMINATIONS NOT AFFECTED.—The 
repeal made by section 2(d) of the provision of law set 
forth in such section shall not affect any order, determina-
tion, 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, determina-
tions, regulations, and contracts shall continue in effect 
until modified, superseded, terminated, set aside, or re-
voked in accordance with law by the President, the Direc-
tor of the Office of Management and Budget, or other au-
thorized official, a court of competent jurisdiction, or by 
operation of law. 
(b) PENDING PROCEEDINGS.— 
(1) EFFECT ON PENDING PROCEEDINGS.— 
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(A) IN
GENERAL.—The repeal made by 
section 2(d) shall not affect any proceedings, in-
cluding 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 ap-
plication pending on such effective date. Such 
proceedings, to the extent that they relate to 
functions performed by the Director of the Of-
fice of Management and Budget after such re-
peal, shall be continued. Orders shall be issued 
in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursu-
ant to such orders, as if this Act had not been 
enacted; and orders issued in any such pro-
ceedings shall continue in effect until modified, 
terminated, superseded, or revoked by the Di-
rector of the Office of Management and Budg-
et, by a court of competent jurisdiction, or by 
operation of law. 
(B) CONSTRUCTION.—Nothing in this sub-
section shall be deemed to prohibit the dis-
continuance or modification of any proceeding 
described in subparagraph (A) under the same 
terms and conditions and to the same extent 
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that such proceeding could have been discon-
tinued or modified if this Act had not been en-
acted. 
(2) REGULATIONS
FOR
TRANSFER
OF
PRO-
CEEDINGS.—The Director of the Office of Manage-
ment and Budget is authorized to issue regulations 
providing for the orderly transfer of proceedings 
continued under paragraph (1). 
(c) ACTIONS.—Except as provided in subsection 
(e)— 
(1) the provisions of this Act shall not affect 
suits commenced before the effective date of the re-
peal 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 en-
acted. 
(d) LIABILITIES INCURRED.—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. 
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(e) PARTIES.—If, before the effective date of the re-
peal 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 contin-
ued with the Director of the Office of Management and 
Budget substituted or added as a party. 
(f) REVIEW.—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. 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TITLE 5, UNITED STATES CODE.—Section 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)— 
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(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 ‘‘sec-
tions 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 re-
pealed. 
(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. 
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(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 Corpora-
tion, or the Trade and Development Agency’’ and insert-
ing ‘‘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 Develop-
ment Agency’’. 
(8) Section 915 of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17335), and the item relat-
ing to that section in the table of contents, are repealed. 
(c) EFFECTIVE DATE.—The amendments and re-
peals made by this section shall take effect upon the expi-
ration of the 180-day period beginning on the date of the 
enactment of this Act. 
Æ 
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