kk. Foreign Assistance Act of 1969, as amended

Partial text of Public Law 91-175 [H.R. 14480], 83 Stat. 805, approved De cember 30, 1969, as amended by Public Law 92-226 [Foreign Assistance Act of 1971, S. 2819], 86 Stat. 20, 34, approved February 7, 1972; Pubär Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 1978; HR 6689], 91 Stat. 844 at 859, approved August 17, 1977; Public Law 97-241 [Department of Defense Authorization Act, 1983; S. 1193], 96 Stat. 273 at 297, approved August 24, 1982; Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985, H.R. 2915], 97 Stat. 1017 at 1051, approved November 22, 1983; Public Law 99-83 [International Secority and Development Cooperation Act of 1985, S. 960], 99 Stat. 190 at 241. approved August 8, 1985; Public Law 99-529 [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 3010, approved October 24, 1986; Public Law 101-246 [Foreign Relations Authorization Act for Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 102-138 [Foreign Relations Authorization Act for Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; and by Public Law 106-113 [Foreign Operations, Export Financing, and Related Pro grams Appropriations Act, 2000; H.R. 3422, enacted by reference in sec. 1000(a)(2) of Consolidated Appropriations Act for Fiscal Year 2000; H.R 3194], 113 Stat. 1501, approved November 29, 1999

NOTE.-Except for Part IV, which related to the InterAmerican Social Development Institute (title changed to The Inter-American Foundation Act by sec. 406(1) of the FA Act of 1971) and Part V, which related to amendments to other acts, the Foreign Assistance Act of 1969 consisted of amendments to the Foreign Assistance Act of 1961, as amended.

Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), authorized the President to abolish the Inter-American Foundation and made conforming amendments to legislation related to the InterAmerican Foundation to reflect the abolishment. These amendments are to be effective and executed only after the Director of the Office of Management and Budget transmits to Congress a certification that responsibilities delegated to the Director, primarily that of administering and winding-up any outstanding obligations of the InterAmerican Foundation, have been fully discharged.

That certification and subsequent administration have not yet been executed. Upon execution of these requirements, sec. 586(c)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will repeal sec. 401 of this Act.

PART IV THE INTER-AMERICAN FOUNDATION ACT 1 Sec. 401.2 Inter-American Foundation.-(a) There is created as an agency of the United States of America a body corporate to be known as the Inter-American Foundation (hereinafter in this section referred to as the "Foundation").3

(b) The future of freedom, security, and economic development in the Western Hemisphere rests on the realization that man is the foundation of all human progress. It is the purpose of this section to provide support for developmental activities designed to achieve conditions in the Western Hemisphere under which the dignity and the worth of each human person will be respected and under which all men will be afforded the opportunity to develop their potential, to seek through gainful and productive work the fulfillment of their aspirations for a better life, and to live in justice and peace. To this end, it shall be the purpose of the Foundation, primarily in cooperation with private, regional, and international organizations,

to

(1) strengthen the bonds of friendship and understanding among the peoples of this hemisphere;

(2) support self-help efforts designed to enlarge the opportunities for individual development;

(3) stimulate and assist effective and ever wider participation of the people in the development process;

(4) encourage the establishment and growth of democratic institutions, private and governmental, appropriate to the requirements of the individual sovereign nations of this hemisphere.

In pursuing these purposes, the Foundation shall place primary emphasis on the enlargement of educational opportunities at all levels, the production of food and the development of agriculture, and the improvement of environmental conditions relating to

1 Sec. 406(1) of the Foreign Assistance Act of 1971 (Public Law 92-226; 86 Stat. 20), inserted the title "Part IV-The Inter-American Foundation Act" in lieu of "Part IV-Inter-American Social Development Institute".

222 U.S.C. 290f. Sec. 586(c)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will repeal sec. 401 upon execution of the requirements of sec. 586. 3 The caption of sec. 401 and subsec. (a) thereof, which were amended by sec. 406(2) of the Foreign Assistance Act of 1971, (Public Law 92-226; 86 Stat. 20), formerly read as follows: "Inter-American Social Development Institute.-(a) There is created as an agency of the United States of America a body corporate to be known as the 'Inter-American Social Development Institute' (hereafter in this section referred to as 'Institute').".

4 Sec. 406(3) of the Foreign Assistance Act of 1971 (Public Law 92-226; 86 Stat. 20), amended sec. 401 by substituting "Foundation” in lieu of "Institute” wherever it appeared.

MTN The manner in

JE BI ispenses, inciuc

$10,000 in an

De rason of the buste an is the mpensation of na

221 VS THIS UND a ay me ME.

1 mar amor y HA EN beguest, or gift, or = HEESE Nt, and momva. Su and persona risus turpes, whether Y THOI ZE The Sunes antik Zanner dispose 1 Bukan Desa T C and use as gee foda & res ng rm the son of such proper

val de encet 1 N of the Cited States mais: 46 wre meter end of the sum ons as the execute heyennerna f the Green

6 may with the nosed of ary hard corporation, com ww wependent estatustment, or executive department 5 Cwmmer meloding any Seid service thereof, avail se A saw of mormant serves sites officers, and popoar mered in carrying out the provisions of this section: by may accept money, funds property, and services of every kind by gift, devise, bequest, grant, or otherwise, and make ad es, grants, and loans to any individual, corporation. wher body of persons, whether within or without the United

*** MAZA, the Foreign Assistance Act of 1971 (Public Law 92-226: 86 Stat. 20) amende *** ** ** 40174) It formerly read as follows: 14) shall determine and prescribe Prehnke in which is obligations shall be incurred and its expenses allowed and paid."

es of America, or to any government or governmental agenomestic or foreign, when deemed advisable by the Foundain furtherance of its purposes;

) may sue and be sued, complain, and defend, in its corte name in any court of competent jurisdiction; and

1) shall have such other powers as may be necessary and dent to carrying out its powers and duties under this sec

>on termination of the corporate life of the Foundation all ssets shall be liquidated and, unless otherwise provided by ss, shall be transferred to the United States Treasury as the y of the United States.

6

ne management of the Foundation shall be vested in a board ctors (hereafter in this section referred to as the "Board") sed of nine members appointed by the President, by and he advice and consent of the Senate, one of whom he shall ate to serve as Chairman of the Board and one of whom he lesignate to serve as Vice Chairman of the Board. Six memf the Board shall be appointed from private life. Three memof the Board shall be appointed from among officers or emes of agencies of the United States concerned with inter-Amerffairs. Members of the Board shall be appointed for terms of ears, except that of the members first appointed two shall be nted for terms of two years and two shall be appointed for s of four years, as designated by the President at the time of appointment. A member of the Board appointed to fill a vaoccurring prior to the expiration of the term for which his ecessor was appointed shall be appointed only for the remainof such term; but upon the expiration of his term of office a ber shall continue to serve until his successor is appointed and I have qualified. Members of the Board shall be eligible for reintment. All individuals appointed to the Board shall possess understanding of and sensitivity to community level developt processes. No more than 5 members of the Board may be nbers of any one political party.7

1) Members of the Board shall serve without additional comsation, but shall be reimbursed for travel expenses, including diem, in lieu of subsistence, in accordance with section 5703 of e 5, United States Code, while engaged in their duties on bef of the corporation.

8

i) The Board shall direct the exercise of all the powers of the indation.

j) The Board may prescribe, amend, and repeal bylaws, rules, d regulations governing the manner in which the business of the undation may be conducted and in which the powers granted to

Sec. 403(a) of Public Law 99-529 (100 Stat. 3010) added “nine" and "six", respectively, in 1 of "seven" and "four".

Sec. 173(b)(1) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public w 102-138; 105 Stat. 679), added the last sentence. Subpara. (2) of that section further proded that: "The requirements established by the amendment made by paragraph (1) do not aft appointments made to the Board of the Inter-American Foundation before the date of enactent of this Act.".

Sec. 501(b) of Public Law 97-241 (96 Stat. 297) struck out "actual and necessary expenses ot in excess of $50 per day, and for transportation expenses" and inserted in lieu thereof "travexpenses, including per diem in lieu of subsistence, in accordance with section 5703 of title United States Code" were inserted in lieu of".

it by law may be exercised and enjoyed. A majority of the Board shall be required as a quorum.

(k) In furtherance and not in limitation of the powers conferred upon it, the Board may appoint such committees for the carrying out of the work of the Foundation as the Board finds to be for the best interests of the Foundation, each committee to consist of two or more members of the Board, which committees, together with of ficers and agents duly authorized by the Board and to the exten: provided by the Board, shall have and may exercise the powers of the Board in the management of the business and affairs of the Foundation.

(1)9 (1) The chief executive officer of the Foundation shall be a President who shall be appointed by the Board of Directors on such terms as the Board may determine. The President shall receive compensation at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(2) Experts and consultants, or organizations thereof, may be employed as authorized by section 3109 of title 5, United States Code. (m) In order to further the purposes of the Foundation there shall be established a Council to be composed of such number of individuals as may be selected by the Board from among individ uals knowledgeable concerning developmental activities in the Western Hemisphere. The Board shall, from time to time, consult with the Council concerning the objectives of the Foundation. Members of the Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with section 5703 of title 5, United States Code, for travel and other expenses incurred by them in the performance of their functions under this subsection.

(n) The Foundation shall be a nonprofit corporation and shall have no capital stock. No part of its revenue, earnings, or other income or property shall inure to the benefit of its directors, officers. and employees and such revenue, earnings, or other income, or property shall be used for the carrying out of the corporate purposes set forth in this section. No director, officer, or employee of the corporation shall in any manner directly or indirectly partici pate in the deliberation upon or the determination of any question affecting his personal interests or the interest of any corporation, partnership, or organization in which he is directly or indirectly interested.

(0) When approved by the Foundation, in furtherance of its purpose, the officers and employees of the Foundation may accept and hold offices or positions to which no compensation is attached with governments or governmental agencies of foreign countries.

(p) The Secretary of State shall have authority to detail employees of any agency under his jurisdiction to the Foundation under such circumstances and upon such conditions as he may determine. Any such employee so detailed shall not lose any privileges, rights.

9 The rate of compensation at level IV of the Executive Schedule in 2006 is $143,000 per annum (Executive Order 13393; 70 F.R. 76655; December 22, 2005). Sec. 406(5) of the Foreign Assistance Act of 1971 (Public Law 92-226; 86 Stat. 20), amended and restated sec. 40114 which formerly read as follows: "(1) The chief executive officer of the Institute shall be an Execu tive Director who shall be appointed by the Board of Directors on such terms as the Board may determine. The Executive Director shall receive compensation at the rate provided for level IV of the Executive Schedule under section 5315 of title V, United States Code.".