§ 290f. — InterAmerican Foundation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC290f]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XXI--INTER-AMERICAN FOUNDATION
Sec. 290f. Inter-American Foundation
(a) Establishment
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'').
(b) Congressional declaration of purpose
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 health, maternal and
child care, family planning, housing, free trade union development, and
other social and economic needs of the people.
(c) Programs and projects to achieve purposes
The Foundation shall carry out the purposes set forth in subsection
(b) of this section primarily through and with private organizations,
individuals, and international organizations by undertaking or
sponsoring appropriate research and by planning, initiating, assisting,
financing, administering, and executing programs and projects designed
to promote the achievement of such purposes.
(d) Coordination of activities with national and international agencies
In carrying out its functions under this section, the Foundation
shall, to the maximum extent possible, coordinate its undertakings with
the developmental activities in the Western Hemisphere of the various
organs of the Organization of American States, the United States
Government, international organizations, and other entities engaged in
promoting social and economic development of Latin America.
(e) Powers and functions
The Foundation, as a corporation--
(1) shall have perpetual succession unless sooner dissolved by
an Act of Congress;
(2) may adopt, alter, and use a corporate seal, which shall be
judicially noticed;
(3) may make and perform contracts and other agreements with any
individual, corporation, or other body of persons however designated
whether within or without the United States of America, and with any
government or governmental agency, domestic or foreign;
(4) shall determine and prescribe the manner in which its
obligations shall be incurred and its expenses, including expenses
for representation (not to exceed $10,000 in any fiscal year),
allowed and paid;
(5) may, as necessary for the transaction of the business of the
Foundation, employ and fix the compensation of not to exceed one
hundred persons at any one time;
(6) may acquire by purchase, devise, bequest, or gift, or
otherwise lease, hold, and improve, such real and personal property
as it finds to be necessary to its purposes, whether within or
without the United States, and in any manner dispose of all such
real and personal property held by it and use as general funds all
receipts arising from the disposition of such property;
(7) shall be entitled to the use of the United States mails in
the same manner and on the same conditions as the executive
departments of the Government;
(8) may, with the consent of any board, corporation, commission,
independent establishment, or executive department of the
Government, including any field service thereof, avail itself of the
use of information, services, facilities, officers, and employees
thereof in carrying out the provisions of this section;
(9) may accept money, funds, property, and services of every
kind by gift, device,\1\ bequest, grant, or otherwise, and make
advances, grants, and loans to any individual, corporation, or other
body of persons, whether within or without the United States of
America, or to any government or governmental agency, domestic or
foreign, when deemed advisable by the Foundation in furtherance of
its purposes;
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\1\ So in original. Probably should be ``devise,''.
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(10) may sue and be sued, complain, and defend, in its corporate
name in any court of competent jurisdiction; and
(11) shall have such other powers as may be necessary and
incident to carrying out its powers and duties under this section.
(f) Disposal of assets on liquidation
Upon termination of the corporate life of the Foundation all of its
assets shall be liquidated and, unless otherwise provided by Congress,
shall be transferred to the United States Treasury as the property of
the United States.
(g) Board of directors; number, term, and appointment
The management of the Foundation shall be vested in a board of
directors (hereafter in this section referred to as the ``Board'')
composed of nine members appointed by the President, by and with the
advice and consent of the Senate, one of whom he shall designate to
serve as Chairman of the Board and one of whom he shall designate to
serve as Vice Chairman of the Board. Six members of the Board shall be
appointed from private life. Three members of the Board shall be
appointed from among officers or employees of agencies of the United
States concerned with inter-American affairs. Members of the Board shall
be appointed for terms of six years, except that of the members first
appointed two shall be appointed for terms of two years and two shall be
appointed for terms of four years, as designated by the President at the
time of their appointment. A member of the Board appointed to fill a
vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed only for the remainder of
such term; but upon the expiration of his term of office a member shall
continue to serve until his successor is appointed and shall have
qualified. Members of the Board shall be eligible for reappointment. All
individuals appointed to the Board shall possess an understanding of and
sensitivity to community level development processes. No more than 5
members of the Board may be members of any one political party.
(h) Reimbursement of expenses
Members of the Board shall serve without additional compensation,
but shall be reimbursed for travel expenses, including per diem in lieu
of subsistence, in accordance with section 5703 of title 5, while
engaged in their duties on behalf of the corporation.
(i) Board; authority
The Board shall direct the exercise of all the powers of the
Foundation.
(j) Rules and regulations; quorum of the Board
The Board may prescribe, amend, and repeal bylaws, rules, and
regulations governing the manner in which the business of the Foundation
may be conducted and in which the powers granted to it by law may be
exercised and enjoyed. A majority of the Board shall be required as a
quorum.
(k) Authority of the Board to appoint committees
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 officers and agents duly
authorized by the Board and to the extent 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.
(l) President of Foundation: appointment and compensation; employment of
experts and consultants
(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.
(2) Experts and consultants, or organizations thereof, may be
employed as authorized by section 3109 of title 5.
(m) Establishment of Council; consultation by the Board; reimbursement
of expenses of members of the Council
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 individuals 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 for travel and other expenses
incurred by them in the performance of their functions under this
subsection.
(n) Nonprofit nature of the Foundation; conflict of interests
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 participate in the deliberation upon
or the determination of any question affecting his personal interests or
the interests of any corporation, partnership, or organization in which
he is directly or indirectly interested.
(o) Personnel; service in foreign governments or agencies
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) Service of employees of other agencies in the Foundation; rights and
privileges
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, or seniority
as an employee of any such agency by virtue of such detail.
(q) Establishment of principal and branch offices
The Foundation shall maintain its principal office in the
metropolitan Washington, D.C., area. The Foundation may establish
agencies, branch offices, or other offices in any place or places
outside the United States in which the Foundation may carry on all or
any of its operations and business.
(r) Exemption from tax
The Foundation, including its franchise and income, shall be exempt
from taxation now or hereafter imposed by the United States, or any
territory or possession thereof, or by any State, county, municipality,
or local taxing authority.
(s) Authorization of appropriations
(1) Notwithstanding any other provision of law, not to exceed an
aggregate amount of $50,000,000 of the funds made available for the
fiscal years 1970 and 1971 to carry out part I of the Foreign Assistance
Act of 1961 [22 U.S.C. 2151 et seq.] shall be available to carry out the
purposes of this section. Funds made available to carry out the purposes
of this section under the preceding sentence are authorized to remain
available until expended.
(2) There are authorized to be appropriated $28,800,000 for fiscal
year 1992 and $31,000,000 for fiscal year 1993 to carry out this
section. Amounts appropriated under this paragraph are authorized to
remain available until expended.
(t) Application of chapter 91 of title 31
The Foundation shall be subject to the provisions of chapter 91 of
title 31.
(u) Interest on funds invested pending disbursement
When, with the permission of the Foundation, funds made available to
a grantee under this section are invested pending disbursement, the
resulting interest is not required to be deposited in the United States
Treasury if the grantee uses the resulting interest for the purposes for
which the grant was made. This subsection applies with respect to both
interest earned before and interest earned after August 24, 1982.
(v) Travel expenses
Funds made available to the Foundation may be used for the expenses
described in section 1345 of title 31 (relating to travel,
transportation, and subsistence expenses for meetings).
(w) Printing expenses
Funds made available to the Foundation may be used for printing and
binding without regard to section 501 of title 44.
(Pub. L. 91-175, pt. IV, Sec. 401, Dec. 30, 1969, 83 Stat. 821; Pub. L.
92-226, pt. IV, Sec. 406(2)-(5), Feb. 7, 1972, 86 Stat. 34; Pub. L. 95-
105, title V, Sec. 508, Aug. 17, 1977, 91 Stat. 859; Pub. L. 97-241,
title V, Sec. 501, Aug. 24, 1982, 96 Stat. 297; Pub. L. 98-164, title X,
Sec. 1001, Nov. 22, 1983, 97 Stat. 1051; Pub. L. 99-83, title VII,
Sec. 708, Aug. 8, 1985, 99 Stat. 243; Pub. L. 99-529, title II,
Sec. 202(e), title IV, Sec. 403(a), Oct. 24, 1986, 100 Stat. 3012, 3019;
Pub. L. 101-246, title VI, Sec. 601, Feb. 16, 1990, 104 Stat. 73; Pub.
L. 102-138, title I, Sec. 173(a), (b)(1), (c), (d), Oct. 28, 1991, 105
Stat. 679, 680.)
Repeal of Section
For repeal of section by Pub. L. 106-113, div. B,
Sec. 1000(a)(2) [title V, Sec. 586(c)(2), (j)], Nov. 29, 1999, 113
Stat. 1535, 1501A-118, 1501A-120, as amended by Pub. L. 106-429,
Sec. 101(a) [title V, Sec. 591(2)], Nov. 6, 2000, 114 Stat. 1900,
1900A-59, see Abolition of the Inter-American Foundation note set
out below.
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (s)(1),
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I of
the Foreign Assistance Act of 1961 is classified generally to subchapter
I (Sec. 2151 et seq.) of chapter 32 of this title. For provisions
deeming references to subchapter I to include parts IV (Sec. 2346 et
seq.), VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa et seq.) of
subchapter II of chapter 32, see section 202(b) of Pub. L. 92-228, set
out as a note under section 2346 of this title, and sections 2348c and
2349aa-5 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2151 of this title and
Tables.
Codification
In subsec. (t), ``chapter 91 of title 31'' substituted for ``the
Government Corporation Control Act [31 U.S.C. 841 et seq.]'' on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
Amendments
1991--Subsec. (g). Pub. L. 102-138, Sec. 173(b)(1), inserted
provision at end that all individuals appointed to the Board possess an
understanding of and sensitivity to community level development
processes and that no more than 5 members of the Board be of any one
political party.
Subsec. (q). Pub. L. 102-138, Sec. 173(c), amended subsec. (q)
generally. Prior to amendment, subsec. (q) read as follows: ``The
Foundation shall establish a principal office. The Foundation is
authorized to establish agencies, branch offices, or other offices in
any place or places within the United States or elsewhere in any of
which locations the Foundation may carry on all or any of its operations
and business.''
Subsec. (s)(2). Pub. L. 102-138, Sec. 173(a), amended first sentence
generally, substituting present provisions for provisions authorizing
appropriations of $16,932,000 for fiscal year 1990 and $25,000,000 for
fiscal year 1991.
Subsecs. (v), (w). Pub. L. 102-138, Sec. 173(d), added subsecs. (v)
and (w).
1990--Subsec. (s)(2). Pub. L. 101-246 amended first sentence
generally, substituting ``$16,932,000 for the fiscal year 1990 and
$25,000,000 for the fiscal year 1991'' for ``$11,969,000 for fiscal year
1986 and $12,969,000 for fiscal year 1987 (not less than $1,000,000 of
which shall be for Haiti)''.
1986--Subsec. (g). Pub. L. 99-529, Sec. 403(a), substituted ``nine
members'' for ``seven members'' and ``Six members'' for ``Four
members''.
Subsec. (s)(2). Pub. L. 99-529, Sec. 202(e), substituted
``$12,969,000 for fiscal year 1987 (not less than $1,000,000 of which
shall be for Haiti)'' for ``$11,969,000 for fiscal year 1987''.
1985--Subsec. (s)(2). Pub. L. 99-83 substituted provisions
authorizing appropriations of $11,969,000 for each of fiscal years 1986
and 1987, for provisions authorizing appropriations of $16,000,000 for
each of fiscal years 1984 and 1985.
1983--Subsec. (s)(2). Pub. L. 98-164 substituted ``$16,000,000 for
the fiscal year 1984 and $16,000,000 for the fiscal year 1985'' for
``$12,000,000 for the fiscal year 1982 and $12,800,000 for the fiscal
year 1983''.
1982--Subsec. (h). Pub. L. 97-241, Sec. 501(b), substituted ``travel
expenses, including per diem in lieu of subsistence, in accordance with
section 5703 of title 5'' for ``actual and necessary expenses not in
excess of $50 per day, and for transportation expenses''.
Subsec. (s)(2). Pub. L. 97-241, Sec. 501(a), substituted
``$12,000,000 for the fiscal year 1982 and $12,800,000 for the fiscal
year 1983'' for ``$25,000,000 for each of the fiscal years 1979 and
1980''.
Subsec. (u). Pub. L. 97-241, Sec. 501(c), added subsec. (u).
1977--Subsec. (s). Pub. L. 95-105 designated existing provisions as
par. (1) and added par. (2).
1972--Pub. L. 92-226, Sec. 406(3), substituted ``Foundation'' for
``Institute'' wherever appearing in subsecs. (b) to (g), (i), (j) to
(r), and (t).
Subsec. (a). Pub. L. 92-226, Sec. 406(2), substituted ``Inter-
American Foundation'' and ``Foundation'' for ``Inter-American Social
Development Institute'' and ``Institute''.
Subsec. (e)(4). Pub. L. 92-226, Sec. 406(4), inserted ``, including
expenses for representation (not to exceed $10,000 in any fiscal
year),''.
Subsec. (l). Pub. L. 92-226, Sec. 406(5), designated existing
provisions as par. (1), substituted ``Foundation'' for ``Institute'' and
``President'' for ``Executive Director'' in two places, and added par.
(2).
Effective Date of 1986 Amendment
Section 403(b) of Pub. L. 99-529 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect 120
days after the date of enactment of this Act [Oct. 24, 1986].''
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Short Title
Part IV of Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 821, as amended
by Pub. L. 92-226, pt. IV, Sec. 406(1), Feb. 7, 1972, 86 Stat. 34, which
enacted this section, designated as the ``Inter-American Foundation
Act''.
Abolition of Inter-American Foundation
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 586], Nov.
29, 1999, 113 Stat. 1535, 1501A-117, as amended by Pub. L. 106-429,
Sec. 101(a) [title V, Sec. 591], Nov. 6, 2000, 114 Stat. 1900, 1900A-59,
provided that:
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of the
Office of Management and Budget.
``(2) Foundation.--The term `Foundation' means the Inter-
American Foundation.
``(3) Function.--The term `function' means any duty, obligation,
power, authority, responsibility, right, privilege, activity, or
program.
``(b) Abolition of Inter-American Foundation.--During fiscal years
2000 and 2001, the President is authorized to abolish the Inter-American
Foundation. The provisions of this section shall only be effective upon
the effective date of the abolition of the Inter-American Foundation.
``(c) Termination of Functions.--
``(1) Except as provided in subsection (d)(2), there are
terminated upon the abolition of the Foundation all functions vested
in, or exercised by, the Foundation or any official thereof, under
any statute, reorganization plan, Executive order, or other
provisions of law, as of the day before the effective date of this
section.
``(2) Repeal.--Section 401 of the Foreign Assistance Act of 1969
(22 U.S.C. 290f) is repealed upon the effective date specified in
subsection (j).
``(3) Final disposition of funds.--Upon the date of transmittal
to Congress of the certification described in subsection (d)(4), all
unexpended balances of appropriations of the Foundation shall be
deposited in the miscellaneous receipts account of the Treasury of
the United States.
``(d) Responsibilities of the Director of the Office of Management
and Budget.--
``(1) In general.--The Director of the Office of Management and
Budget shall be responsible for--
``(A) the administration and wind-up of any outstanding
obligation of the Federal Government under any contract or
agreement entered into by the Foundation before the date of the
enactment of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 [Nov. 29, 1999],
except that the authority of this subparagraph does not include
the renewal or extension of any such contract or agreement; and
``(B) taking such other actions as may be necessary to wind-
up any outstanding affairs of the Foundation.
``(2) Transfer of functions to the director.--There are
transferred to the Director such functions of the Foundation under
any statute, reorganization plan, Executive order, or other
provision of law, as of the day before the date of the enactment of
this section [Nov. 29, 1999], as may be necessary to carry out the
responsibilities of the Director under paragraph (1).
``(3) Authorities of the director.--For purposes of performing
the functions of the Director under paragraph (1) and subject to the
availability of appropriations, the Director may--
``(A) enter into contracts;
``(B) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, at rates for
individuals not to exceed the per diem rate equivalent to the
rate for level IV of the Executive Schedule; and
``(C) utilize, on a reimbursable basis, the services,
facilities, and personnel of other Federal agencies.
``(4) Certification required.--Whenever the Director determines
that the responsibilities described in paragraph (1) have been fully
discharged, the Director shall so certify to the appropriate
congressional committees.
``(e) Report to Congress.--The Director of the Office of Management
and Budget shall submit to the appropriate congressional committees a
detailed report in writing regarding all matters relating to the
abolition and termination of the Foundation. The report shall be
submitted not later than 90 days after the termination of the
Foundation.
``(f) Transfer and Allocation of Appropriations.--Except as
otherwise provided in this section, the assets, liabilities (including
contingent liabilities arising from suits continued with a substitution
or addition of parties under subsection (g)(3)), contracts, property,
records, and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available to, or to be made available in connection with the functions,
terminated by subsection (c)(1) or transferred by subsection (d)(2)
shall be transferred to the Director for purposes of carrying out the
responsibilities described in subsection (d)(1).
``(g) Savings Provisions.--
``(1) Continuing legal force and effect.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and
other administrative actions--
``(A) that have been issued, made, granted, or allowed to
become effective by the Foundation in the performance of
functions that are terminated or transferred under this section;
and
``(B) that are in effect as of the date of the abolition of
the Foundation, or were final before such date and are to become
effective on or after such date,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law
by the President, the Director, or other authorized official, a
court of competent jurisdiction, or by operation of law.
``(2) No effect on judicial or administrative proceedings.--
Except as otherwise provided in this section--
``(A) the provisions of this section shall not affect suits
commenced prior to the date of the abolition of the Foundation;
and
``(B) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this section had not been enacted.
``(3) Nonabatement of proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official
capacity of such individual as an officer of the Foundation shall
abate by reason of the enactment of this section. No cause of action
by or against the Foundation, or by or against any officer thereof
in the official capacity of such officer, shall abate by reason of
the enactment of this section.
``(4) Continuation of proceeding with substitution of parties.--
If, before the date of the abolition of the Foundation, the
Foundation, or officer thereof in the official capacity of such
officer, is a party to a suit, then effective on such date such suit
shall be continued with the Director substituted or added as a
party.
``(5) Reviewability of orders and actions under transferred
functions.--Orders and actions of the Director in the exercise of
functions terminated or transferred under this section shall be
subject to judicial review to the same extent and in the same manner
as if such orders and actions had been taken by the Foundation
immediately preceding their termination or transfer. Any statutory
requirements relating to notice, hearings, action upon the record,
or administrative review that apply to any function transferred by
this section shall apply to the exercise of such function by the
Director.
``(h) Conforming Amendments.--
``(1) African development foundation.--Section 502 of the
International Security and Development Cooperation Act of 1980 (22
U.S.C. 290h) is amended--
``(A) by inserting `and' at the end of paragraph (2);
``(B) by striking the semicolon at the end of paragraph (3)
and inserting a period; and
``(C) by striking paragraphs (4) and (5).
``(2) Social progress trust fund agreement.--Section 36 of the
Foreign Assistance Act of 1973 [Pub. L. 93-189, 22 U.S.C. 1942 note]
is amended--
``(A) in subsection (a)--
``(i) by striking `provide for' and all that follows
through `(2) utilization' and inserting `provide for the
utilization'; and
``(ii) by striking `member countries;' and all that
follows through `paragraph (2)' and inserting `member
countries.';
``(B) in subsection (b), by striking `transfer or';
``(C) by striking subsection (c);
``(D) by redesignating subsection (d) as subsection (c); and
``(E) in subsection (c) (as so redesignated), by striking
`transfer or'.
``(3) Foreign assistance act of 1961.--Section 222A(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2182a(d)) is repealed.
``(i) Definition.--In this section, the term `appropriate
congressional committees' means the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of the House
of Representatives.
``(j) Effective Dates.--The repeal made by subsection (c)(2) and the
amendments made by subsection (h) shall take effect upon the date of
transmittal to Congress of the certification described in subsection
(d)(4).''
Transition Rule for Board Appointments
Section 173(b)(2) of Pub. L. 102-138 provided that: ``The
requirements established by the amendment made by paragraph (1)
[amending this section] do not affect appointments made to the Board of
the Inter-American Foundation before the date of enactment of this Act
[Oct. 28, 1991].''
Section Referred to in Other Sections
This section is referred to in section 290h of this title.