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22 U.S.C. § 2355 — Retention and use of certain items and funds

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2355 — Retention and use of certain items and funds

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Source file: Laws/federal/codes/united-states-code/title-22/section-2355-retention-and-use-of-certain-items-and-funds--7302f49efc.md
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Source location: Title 22, Chapter 32, § 2355; chapter-032-foreign-assistance.md

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**(a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer** Any commodities and defense articles procured to carry out this chapter shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby, or whenever such retention is called for by concurrent resolution. Any commodities or defense articles so retained may be disposed of without regard to provisions of law relating to the disposal of property owned by the United States Government, when necessary to prevent spoilage or wastage of such commodities or defense articles or to conserve the usefulness thereof. Funds realized from any disposal or transfer shall revert to the respective appropriation, fund, or account used to procure such commodities or defense articles or to the appropriation, fund, or account currently available for the same general purpose. **(b) Commodities transferred as repayment of assistance** Whenever commodities are transferred to the United States Government as repayment of assistance under this chapter, such commodities may be used in furtherance of the purposes and within the limitations of this chapter. **(c) Funds realized as result of illegal transactions** Funds realized as a result of any failure of a transaction financed under authority of subchapter I of this chapter to conform to the requirements of this chapter, or to applicable rules and regulations of the United States Government, or to the terms of any agreement or contract entered into under authority of subchapter I of this chapter, shall revert to the respective appropriation, fund, or account used to finance such transaction or to the appropriation, fund, or account currently available for the same general purpose. **(d) Funds realized from sale, transfer, or disposal of returned defense articles** Funds realized by the United States Government from the sale, transfer, or disposal of defense articles returned to the United States Government by a recipient country or international organization as no longer needed for the purpose for which furnished shall be credited to the respective appropriation, fund, or account used to procure such defense articles or to the appropriation, fund, or account currently available for the same general purpose.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2381 — Exercise of functions

**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs. **(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter. **(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter. **(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1571 to 1584 — Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(5), (9)–(11), 68 Stat. 861

### Statutory Notes Section 1571, act Oct. 6, 1949, ch. 626, § 1, 63 Stat. 714, related to Congressional declaration of findings and policy. Section 1572, act Oct. 6, 1949, ch. 626, title IV, § 401, 63 Stat. 716, related to furnishing of military assistance without payment and limitation. See [section 2355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2355&num=0&edition=prelim). Section 1573, act Oct. 6, 1949, ch. 626, title IV, § 402, 63 Stat. 717, related to agreements with other nations prior to furnishing aid and provisions thereof. Section 1574, acts Oct. 6, 1949, ch. 626, title IV, § 403, 63 Stat. 717; July 26, 1950, ch. 491, §§ 9, 10, 64 Stat. 375; Oct. 10, 1951, ch. 479, title V, § 526, 65 Stat. 385; June 20, 1952, ch. 449, § 8(a), 66 Stat. 148; July 16, 1953, ch. 195, ch. VII, § 707(a), 67 Stat. 160, related to funds. Section 1575, acts Oct. 6, 1949, ch. 626, title IV, § 404, 63 Stat. 718; July 26, 1950, ch. 491, § 11, 64 Stat. 376, related to delegation of President’s powers. See [section 2381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2381&num=0&edition=prelim). Section 1576, acts Oct. 6, 1949, ch. 626, title IV, § 405, 63 Stat. 718; July 26, 1950, ch. 491, § 13, 64 Stat. 377, related to termination of assistance. See [section 2367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2367&num=0&edition=prelim). Section 1577, act Oct. 6, 1949, ch. 626, title IV, § 406, 63 Stat. 718, related to personnel. Section 1578, act Oct. 6, 1949, ch. 626, title IV, § 407, 63 Stat. 719, related to unaffected laws and performance of functions by President. Section 1579, acts Oct. 6, 1949, ch. 626, title IV, § 408(a)–(d), 63 Stat. 719;

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1571 to 1584

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1651 to 1675p — Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(9)–(11), 68 Stat. 861

### Statutory Notes Section 1651, acts Oct. 10, 1951, ch. 479, § 2, 65 Stat. 373; June 20, 1952, ch. 449, § 2, 66 Stat. 141. related to Congressional declaration of purpose. Section 1652, acts Oct. 10, 1951, ch. 479, title V, § 501(a)–(d), 65 Stat. 377; June 20, 1952, ch. 449, § 7(b), 66 Stat. 143, related to uniform program for military, economic, and technical assistance. Section 1653, act Oct. 10, 1951, ch. 479, title V, § 502, 65 Stat. 378, related to administration. Section 1654, acts Oct. 10, 1951, ch. 479, title V, § 503, 65 Stat. 378; June 20, 1952, ch. 449, § 7(c), 66 Stat. 144, related to additional primary responsibilities of director. Section 1655, acts Oct. 10, 1951, ch. 479, title V, § 504, 65 Stat. 379; June 20, 1952, ch. 449, § 7(d)–(f), 66 Stat. 144, related to other agency personnel. Section 1656, act Oct. 10, 1951, ch. 479, title V, § 505, 65 Stat. 379, provided that powers of Secretary of State shall be unaffected by this chapter. See [section 2382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2382&num=0&edition=prelim). Section 1657, acts Oct. 10, 1951, ch. 479, title V, § 506, 65 Stat. 379; June 20, 1952, ch. 449, § 7(g), 66 Stat. 145, related to duties of Secretary of Defense. See [section 2383 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2383&num=0&edition=prelim). Section 1658, act Oct. 10, 1951, ch. 479, title V, § 507, 65 Stat. 380, related to coordination among representatives overseas. See [section 2382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2382&num=0&edition=prelim). Section 1659, act Oct. 10, 1951, ch. 479, title V, § 508, 65 Stat. 380, provided that other laws shall be unaffected by this

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1761 to 1765 — Repealed. Pub. L. 87–195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460

### Statutory Notes Section 1761, acts Aug. 26, 1954, ch. 937, ch. IV, § 509, 68 Stat. 853; July 8, 1955, ch. 301, § 9(d), 69 Stat. 288; July 18, 1956, ch. 627, § 9(d), 70 Stat. 560; Aug. 14, 1957, Pub. L. 85–141, § 9(d), 71 Stat. 363; June 30, 1958, Pub. L. 85–477, ch. IV, § 401(b), 72 Stat. 269, related to shipping on United States vessels. See [section 2353 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2353&num=0&edition=prelim). Section 1762, acts Aug. 26, 1954, ch. 937, ch. IV, § 510, 68 Stat. 853; June 30, 1958, Pub. L. 85–477, ch. IV, § 401(c), ch. V, § 501(19), 72 Stat. 269, 271; July 24, 1959, Pub. L. 86–108, ch. IV, § 401(d), 73 Stat. 253, related to purchase of commodities in bulk and to surplus agricultural commodities. See [section 2354 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2354&num=0&edition=prelim). Section 1763, acts Aug. 26, 1954, ch. 937, ch. IV, § 511, 68 Stat. 853; Aug. 14, 1957, Pub. L. 85–141, § 9(e), 71 Stat. 363; June 30, 1958, Pub. L. 85–477, ch. V, § 501(20), (21), 72 Stat. 271, provided for preservation of military stock and retention and return of equipment. See [section 2355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2355&num=0&edition=prelim). Section 1764, act Aug. 26, 1954, ch. 937, ch. IV, § 512, 68 Stat. 854, prescribed penalties for accepting commissions, etc., for procurement services by United States officers and employees. Section 1765, act Aug. 26, 1954, ch. 937, ch. IV, § 513, as added Aug. 14, 1957, Pub. L. 85–141, § 9(f), 71 Stat. 363; amended June 30, 1958, Pub. L. 85–477, ch. V, § 501(22), 72 Stat. 271; May 14, 1960, Pub. L. 86–472, ch. IV, § 401(d), 74 Stat. 139, provided for n

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2355 — Retention and use of certain items and

Page 834 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2355 REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293 References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. 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 sec- tion 2151–1 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2355. Retention and use of certain items and funds (a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer Any commodities and defense articles pro- cured to carry out this chapter shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby, or whenever such retention is called for by concur- rent resolution. Any commodities or defense ar- ticles so retained may be disposed of without re- gard to provisions of law relating to the disposal of property owned by the United States Govern- ment, when necessary to prevent spo

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