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no internal trade barriers, and believing that similar advantages can accrue to all countries, it is the hope of the people of the United States that all American Republics will jointly exert sustained common efforts which will speedily achieve that economic cooperation in the Western Hemisphere which is essential for lasting peace and prosperity; and

(7) accordingly, it is declared to be the policy of the people of the United States to sustain and strengthen principles of individual liberty, free institutions, private enterprise, and genuine independence in the Western Hemisphere through cooperation with all American Republics which participate in a joint development program based upon self-help and mutual efforts. (b) In order to carry forward the above policy, the Congress hereby

(1) urges the President through our constitutional processes to develop cooperative programs on a bilateral or multilateral basis which will set forth specific plans of action designed to foster economic progress and improvements in the welfare and level of living of all the peoples of the American Republics on the basis of joint aid, mutual effort, and common sacrifice;

(2) proposes the development of workable procedures to expand hemispheric trade and to moderate extreme price fluctuations in commodities which are of exceptional importance in the economies of the American Republics, and encourages the development of regional economic cooperation among the American Republics;

(3) supports the development of a more accurate and sympathetic understanding among the peoples of the American Republics through a greater interchange of persons, ideas, techniques, and educational, scientific, and cultural achievements; (4) supports the strengthening of free democratic trade unions to raise standards of living through improved management-labor relations;

(5) favors the progressive development of common standards with respect to the rights and the responsibilities of private investment with flows across national boundaries within the Western Hemisphere;

(6) supports the consolidation of the public institutions and agencies of inter-American cooperation, insofar as feasible, within the structure of the Organization of American States and the strengthening of the personnel resources and authority of the Organization in order that it may play a role of increasing importance in all aspects of hemispheric cooperation; and (7) declares that it is prepared to give careful and sympathetic consideration to programs which the President may develop for the purpose of promoting these policies.

AUTHORIZATION

Sec. 2.3 In order to carry out the purposes of section 1 of this Act, there is hereby authorized to be appropriated to the President

322 U.S.C. 1943.

not to exceed $680,000,000, which shall remain available until expended, and which the President may use, subject to such further legislative provisions as may be enacted, in addition to other funds available for such purposes, on such terms and conditions as he may specify: Provided, That none of the funds made available pursuant to this section shall be used to furnish assistance to any country in Latin America being subjected to economic or diplomatic sanctions by the Organization of American States. The Secretary of State shall keep the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House currently informed about plans and programs for the utilization of such funds.

SPECIAL AUTHORIZATION FOR CHILEAN RECONSTRUCTION

Sec. 3.5 There is hereby authorized to be appropriated to the President not to exceed $100,000,000,6 which shall remain available until expended, for use, in addition to other funds available for such purposes, in the reconstruction and rehabilitation of Chile on such terms and conditions as the President may specify.

GENERAL PROVISIONS7

Sec. 4.8 (a) Funds appropriated under sections 2 and 3 of this Act may be used for assistance under this Act pursuant to such provisions applicable to the furnishing of such assistance contained in any successor Act to the Mutual Security Act of 1954, as amended, as the President determines to be necessary to carry out the purposes for which such funds are appropriated.

(b) of the funds appropriated under section 2 of this Act not more than $800,000 shall be available only for assisting in transporting to and settling in Latin America selected immigrants from that portion of the Ryukyuan Archipelago under United States administration.

Sec. 401(b) of the FA Act of 1963 (Public Law 88-205), substituted "$680,000,000" for "$500,000,000". Public Law 87-41, approved May 27, 1961, appropriated $500 million for the Inter-American Social and Economic Cooperation Program to remain available until expended. 522 U.S.C. 1944.

Public Law 87-41 appropriated "$100,000,000, to remain available until expended."

7Sec. 4 and title "General Provisions" were added by sec. 706 of the FA Act of 1961 (Public Law 87-195; 75 Stat. 724).

822 U.S.C. 1945.

(7) Implementation of the Enterprise for the Americas Initiative

Executive Order 12757, March 19, 1991, 56 F.R. 12107; as amended by Executive Order 12823, December 3, 1992, 57 F.R. 57645

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"), as amended by Public law 101-624, Public Law 102-237, and the Foreign Assistance Act of 1961 (“FAA”), as amended by Public Law 102–549,2 it is hereby ordered as follows:

1

Section 1. The functions vested in the President by section 603, 604, 611, and 614 of the ATDA Act and sections 703 and 704 of the FAA3 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; except that, with respect to the eligibility determinations required by section 703(a)(1), (2), (3), and (4) of the FAA, the Secretary of the Treasury shall act in accordance with the recommendations of the Secretary of State.4 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.5

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.

The text in parentheses was amended by sec. 1(aX1) of Executive Order 12823 (57 F.R. 57645). It formerly read "Act".

"Sec. 1(a)(2) of Executive Order 12823 (57 F.R. 57645) struck out "section 1512 of Public Law 101-624," and inserted in lieu thereof "Public law 101-624, Public Law 102-237, and the Foreign Assistance Act of 1961 ("FAA"), as amended by Public Law 102-549".

Sec. 1(bX1) of Executive Order 12823 (57 F.R. 57645) struck out "Act" and inserted in lieu thereof "ATDA Act and sections 703 and 704 of the FAA".

Sec. 1(bX2) of Executive Order 12823 (57 F.R. 57645) inserted"; except that, with respect to the eligibility determinations required by section 703(aX1), (2), (3), and (4) of the FAA, the Secretary of the Treasury shall act in accordance with the recommendations of the Secretary of State" after "1966".

Sec. 1(bX3) of Executive Order 12823 (57 F.R. 57645) struck out "Act" and inserted in lieu thereof "ATDA Act”.

Sec. 3. (a) The functions vested in the President by section 607 of the ATDA Act 6 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 and section 709(1) of the FAA,7 the Enterprise for the Americas Board 8 shall also advise the Secretary of State on the negotiations of the environmental framework agreements and the Americas Framework Agreements.9 (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 section 708(c) of the FAA 10 shall be included in the environmental framework agreements and the Americas Framework Agreements.11

Sec. 4. (a) The six 12 U.S. Government members of the Enterprise for the Americas Board 13 ("Board") established by section 610 of the ATDA Act 14 shall be representatives from the Department of State, the Department of the Treasury, the Department of Agriculture,15 the Environmental Protection Agency, the Agency for International Development, and the Inter-American Foundation.

(b) The Department of Commerce, 16 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 chairman 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

Sec. 1(c) of Executive Order 12823 (57 F.R. 57645) struck out "Act" and inserted in lieu thereof "ATDA Act".

"Sec. 1(dX1) of Executive Order 12823 (57 F.R. 57645) struck out "Act" and inserted in lieu thereof "ATDA Act and section 709(1) of the FAA".

Sec. 1(dX2) of Executive Order 12823 (57 F.R. 57645) struck out "the Environment for the Americas Board" and inserted in lieu thereof "the Enterprise for the Americas Board".

Sec. 1(dX3) of Executive Order 12823 (57 F.R. 57645) inserted "and the Americas Framework Agreements" after "agreements".

10 Sec. 1(eX1) of Executive Order 12823 (57 F.R. 57645) struck out "Act" and inserted in lieu thereof "ATDA Act and section 708(c) of the FAA".

11 Sec. 1(eX2) of Executive Order 12823 (57 F.R. 57645) inserted "and the Americas Framework Agreements" after "agreements".

12 Sec. 1(1) of Executive Order 12823 (57 F.R. 57645) struck out "five" and inserted in lieu thereof "six".

13 Sec. 1(fX2) of Executive Order 12823 (57 F.R. 57645) struck out“Environment for the Americas Board" and inserted in lieu thereof "Enterprise for the Americas Board".

14 Sec. 1(X3) of Executive Order 12823 (57 F.R. 57645) struck out"Act" and inserted in lieu thereof "ATDA Act".

16 Sec. 1(X4) of Executive Order 12823 (57 F.R. 57646) inserted "the Department of Agriculture,".

16 Sec. 1(g) of Executive Order 12823 (57 F.R. 57646) struck out "the Department of Agriculture," here.

of the fiscal audits conducted pursuant to section 607(c)(4) of the ATDA Act and section 708(c)(3)(C) of the FAA.17

(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 Part IV of the FAA 18

(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,19 and for preparing official minutes of Board discussions.

(d) The five 20 private nongovernmental organization members of the Board shall be chosen by the President.

Sec. 5. No new agreement under Title I of the Agricultural Trade Development and Assistance Act of 1954, as amended,21 and no new credit agreement under the Food for Progress Act of 1985, as amended,22 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 23 unless such country meets its obligations or unless the President so authorizes.

Sec. 6. 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.

17 Sec. 1(h) of Executive Order 12823 (57 F.R. 57646) struck out "Act" and inserted in lieu thereof "ATDA Act and section 708(cX3XC) of the FAA”.

18 Sec. 1(i) of Executive Order 12823 (57 F.R. 57646) struck out "Act" and inserted in lieu thereof "ATDA Act and Part IV of the FAA".

19 Sec. 1(j) of Executive Order 12823 (57 F.R. 57646) struck out "Act" and inserted in lieu thereof "ATDA Act and section 708(c)3) (E) and (F) of the FAA".

20 Sec. 1(k) of Executive Order 12823 (57 F.R. 57646) struck out "four" and inserted in lieu thereof "five".

31 Sec. 1(X1) of Executive Order 12823 (57 F.R. 57646) struck out "by section 1512 of Public Law 101-624" before the comma.

Sec. 1(1X2) of Executive Order 12823 (57 F.R. 57646) inserted ", as amended," after "1985". 23 Sec. 101X3) of Executive Order 12823 (57 F.R. 57646) struck out "section 604 of the Act" and inserted in lieu thereof "section 604 of the ATDA Act".

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