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22 U.S.C. § 2392 — Government agencies

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

22 U.S.C. § 2392 — Government agencies

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Source file: Laws/federal/codes/united-states-code/title-22/section-2392-government-agencies--c67f3a0054.md
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Source location: Title 22, Chapter 32, § 2392; chapter-032-foreign-assistance.md

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**(a) Allocation and transfer of funds** The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this chapter, including any advance to the United States Government by any country or international organization for the procurement of commodities, defense articles, military education and training, or services (including defense services). Such funds shall be available for obligation and expenditure for the purposes for which authorized, in accordance with authority granted in this chapter or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred. **(b) Utilization of services and facilities of other agencies** Any officer of the United States Government carrying out functions under this chapter may utilize the services (including defense services) and facilities of, or procure commodities, defense articles, or military education and training from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury. **(c) Reimbursement for commodities, services, and facilities** In the case of any commodity, service, or facility procured from any agency of the United States Government to carry out subchapter I of this chapter, reimbursement or payment shall be made to such agency from funds available to carry out such subchapter. Such reimbursement or payment shall be at replacement cost, or, if required by law, at actual cost, or, in the case of services procured from the Department of Defense to carry out part VIII of subchapter I of this chapter, the amount of the additional costs incurred by the Department of Defense in providing such services, or at any other price authorized by law and agreed to by the owning or disposing agency. The amount of any such reimbursement or payment shall be credited to current applicable appropriations, funds, or accounts, from which there may be procured replacements of similar commodities, services, or facilities, except that where such appropriations, funds, or accounts are not reimbursable except by reason of this subsection, and when the owning or disposing agency determines that such replacement is not necessary, any funds received in payment therefor shall be deposited into the Treasury as miscellaneous receipts. **(d) Reimbursement for military assistance** Except as otherwise provided in [section 2318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2318&num=0&edition=prelim), reimbursement shall be made to any United States Government agency, from funds available for use under subchapter II of this chapter, for any assistance furnished under subchapter II of this chapter, from, by, or through such agency. Such reimbursement shall be in an amount equal to the value (as defined in [section 2403(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403/m&num=0&edition=prelim)) of the defense articles or of the defense services (other than salaries of members of the Armed Forces of the United States), or other assistance furnished, plus expenses arising from or incident to operations under subchapter II of this chapter (other than salaries of the Armed Forces of the United States and unfunded estimated costs of civilian retirement and other benefits). The amount of such reimbursement shall be credited to the current applicable appropriations, funds, or accounts of such agency. **(e) Establishment of accounts** In furnishing assistance under this chapter, accounts may be established on the books of any agency of the United States Government or, on terms and conditions approved by the Secretary of the Treasury, in banking institutions in the United States, (1) against which letters of commitment may be issued which shall constitute recordable obligations of the United States Government, and moneys due or to become due under such letters of commitment shall be assignable under the Assignment of Claims Act of 1940, as amended 11 See References in Text note below. (second and third paragraphs of [31 U.S.C. 203](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section203&num=0&edition=prelim) and [41 U.S.C. 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section15&num=0&edition=prelim)), and (2) from which disbursements may be made to, or withdrawals may be made by, recipient countries or agencies, organizations, or persons upon presentation of contracts, invoices, or other appropriate documentation. Expenditure of funds which have been made available through accounts so established shall be accounted for on standard documentation required for expenditure of funds of the United States Government: Provided, That such expenditures for commodities, defense articles, military education and training, services (including defense services), or facilities procured outside the United States may be accounted for exclusively on such certification as may be prescribed in regulations approved by the Comptroller General of the United States. **(f) Credits made by Export-Import Bank of the United States** Credits made by the Export-Import Bank of the United States with funds allocated thereto under subsection (a) of this section or under section 1782(a) 1 of this title, shall not be considered in determining whether the Bank has outstanding at any one time loans and guaranties to the extent of the limitation imposed by [section 635e of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635e&num=0&edition=prelim). **(g) Charge of expenses to appropriation or account** Any appropriation or account available to carry out provisions of subchapter I of this chapter may initially be charged in any fiscal year, within the limit of available funds, to finance expenses for which funds are available in other appropriations or accounts under subchapter I of this chapter: Provided, That as of the end of such fiscal year such expenses shall be finally charged to applicable appropriations or accounts with proper credit to the appropriations or accounts initially utilized for financing purposes: Provided further, That such final charge to applicable appropriations or accounts shall not be required in the case of expenses (other than those provided for under [section 2397(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2397/a&num=0&edition=prelim)) incurred in furnishing assistance by the agency primarily responsible for administering subchapter I of this chapter where it is determined that the accounting costs of identifying the applicable appropriation or account to which such expenses should be charged would be disproportionate to the advantage to be gained.

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

22 U.S.C. § 2318 — Special authority

**(a) Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished** (1) If the President determines and reports to the Congress in accordance with [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2411&num=0&edition=prelim) that— (A) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and (B) the emergency requirement cannot be met under the authority of the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.] or any other law except this section; he may direct, for the purposes of subchapter II of this chapter, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $100,000,000 in any fiscal year. (2) (A) If the President determines and reports to the Congress in accordance with [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2411&num=0&edition=prelim) that it is in the national interest of the United States to draw down articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense, the President may direct the drawdown of such articles, services, and military education and training— (i) for the purposes and under the authorities of— (I) part VIII of subchapter I of this chapter (relating to intern

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2318

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

41 U.S.C. § 6305 — Prohibition on transfer of contract and certain allowable assignments

**(a) General Prohibition on Transfer of Contracts.—** The party to whom the Federal Government gives a contract or order may not transfer the contract or order, or any interest in the contract or order, to another party. A purported transfer in violation of this subsection annuls the contract or order so far as the Federal Government is concerned, except that all rights of action for breach of contract are reserved to the Federal Government. **(b) Assignment.—** (1) **In general.—** — Notwithstanding subsection (a) and in accordance with the requirements of this subsection, amounts due from the Federal Government under a contract may be assigned to a bank, trust company, Federal lending agency, or other financing institution. (2) **Minimum amount.—** — This subsection applies only to a contract under which the aggregate amounts due from the Federal Government total at least $1,000. (3) **Accord with contract terms.—** — Assignment may not be made under this subsection if the contract forbids the assignment. (4) **Full balance due.—** — Unless otherwise expressly permitted by the contract, an assignment under this subsection must cover the balance of all amounts due from the Federal Government under the contract. (5) **Single assignment.—** — Unless otherwise expressly permitted by the contract, an assignment under this subsection may not be made to more than one party or be subject to further assignment, except that assignment may be made to one party as agent or trustee for 2 or more parties participating in the financing. (6) **Written notice.—** — The assignee of an assignment under this subsection shall file written notice of the assignment and a true copy of the instrument of assignment with— (A) the contracting officer or head of the officer’s departmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6305

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381

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

12 U.S.C. § 635e — Aggregate loan, guarantee, and insurance authority

**(a) Limitation on outstanding amounts** (1) **In general** — The Export-Import Bank of the United States shall not have outstanding at any one time loans, guarantees, and insurance in an aggregate amount in excess of the applicable amount. (2) **Applicable amount defined** — In this subsection, the term “applicable amount”, for each of fiscal years 2020 through 2027, means $135,000,000,000. (3) **Freezing of lending cap if default rate is 2 percent or more** — If the rate calculated under [section 635g(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635g/g/1&num=0&edition=prelim) is 2 percent or more for a quarter, the Bank may not exceed the amount of loans, guarantees, and insurance outstanding on the last day of that quarter until the rate calculated under [section 635g(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635g/g/1&num=0&edition=prelim) is less than 2 percent. (4) **Subject to appropriations** — All spending and credit authority provided under this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. **(b) Reserve requirement** The Bank shall build to and hold in reserve, to protect against future losses, an amount that is not less than 5 percent of the aggregate amount of disbursed and outstanding loans, guarantees, and insurance of the Bank. **(c) Presidential determination** (1) **In general** — Not later than March 31 of each fiscal year, the President of the United States shall determine whether the authority available to the Bank for such fiscal year will be sufficient to meet the Bank’s needs, particularly those needs arising from— (A) increases in the level of export

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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

31 U.S.C. § 3727 — Assignments of claims

**(a)** In this section, “assignment” means— (1) a transfer or assignment of any part of a claim against the United States Government or of an interest in the claim; or (2) the authorization to receive payment for any part of the claim. **(b)** An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses. The person making the assignment shall acknowledge it before an official who may acknowledge a deed, and the official shall certify the assignment. The certificate shall state that the official completely explained the assignment when it was acknowledged. An assignment under this subsection is valid for any purpose. **(c)** Subsection (b) of this section does not apply to an assignment to a financing institution of money due or to become due under a contract providing for payments totaling at least $1,000 when— (1) the contract does not forbid an assignment; (2) unless the contract expressly provides otherwise, the assignment— (A) is for the entire amount not already paid; (B) is made to only one party, except that it may be made to a party as agent or trustee for more than one party participating in the financing; and (C) may not be reassigned; and (3) the assignee files a written notice of the assignment and a copy of the assignment with the contracting official or the head of the agency, the surety on a bond on the contract, and any disbursing official for the contract. **(d)** During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law, a contract with the Department of Defense, the General Services Administ

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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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22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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

22 U.S.C. § 1401 to 1410 — Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(1), (4), 68 Stat. 861

### Statutory Notes Section 1401, acts May 22, 1947, ch. 81, § 1, 61 Stat. 103; Apr. 5, 1952, ch. 159, § 1, 66 Stat. 43, authorized President to furnish assistance and prescribed type of assistance to be furnished. See sections 1451 to 1453 and 2395 of this title. Section 1402, act May 22, 1947, ch. 81, § 2, 61 Stat. 104, related to allocation of funds to Government agencies. See [section 2392 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2392&num=0&edition=prelim). Section 1403, act May 22, 1947, ch. 81, § 3, 61 Stat. 104, prescribed conditions precedent to receipt of assistance. Section 1404, acts May 22, 1947, ch. 81, § 4, 61 Stat. 105; Apr. 3, 1948, ch. 169, title III, § 303, 62 Stat. 158, related to advancement and reimbursement of funds by and to R.F.C. and appropriations. Section 1405, act May 22, 1947, ch. 81, § 5, 61 Stat. 105, related to rules and regulations and withdrawal of aid. See [section 2367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2367&num=0&edition=prelim). Section 1406, act May 22, 1947, ch. 81, § 6, 61 Stat. 105, 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 1407, act May 22, 1947, ch. 81, § 7, 61 Stat. 105, required President to submit quarterly reports to Congress. See [section 2394 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394&num=0&edition=prelim). Section 1408, act May 22, 1947, ch. 81, § 8, 61 Stat. 105, related to appointment and duties of chief of any mission to Greece and Turkey. See [section 2391 of this title](https://uscode.house.gov/view.xhtml?req=gra

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1401 to 1410

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

22 U.S.C. § 1767a, 1768 — Repealed. Pub. L. 87–195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460

### Statutory Notes Section 1767a, act Aug. 26, 1954, ch. 937, ch. IV, § 548, as added July 8, 1955, ch. 301, § 11, 69 Stat. 289; amended July 18, 1956, ch. 627, § 11(c), 70 Stat. 565, related to availability of unexpended balances of funds. See [section 2404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2404&num=0&edition=prelim). Section 1768, acts Aug. 26, 1954, ch. 937, ch. IV, § 543, 68 Stat. 861; Aug. 14, 1957, Pub. L. 85–141, § 11(a), 71 Stat. 365; June 30, 1958, Pub. L. 85–477, ch. IV, § 401(g), 72 Stat. 270; July 24, 1959, Pub. L. 86–108, ch. IV, § 401(k), 73 Stat. 255, contained savings provisions. See [section 2392 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2392&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1767a, 1768

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