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22 U.S.C. § 2395 — General authorities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Manner of furnishing assistance; emphasis on loans** Except as otherwise specifically provided in this chapter, assistance under this chapter may be furnished on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement of the purposes of this chapter, and shall emphasize loans rather than grants wherever possible.
**(b) Authority of the President** The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States, and international organizations in furtherance of the purposes and within the limitations of this chapter.
**(c) Utilization of services and facilities of voluntary, nonprofit organizations** It is the sense of Congress that the President, in furthering the purposes of this chapter, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development.
**(d) Acceptance of gifts, devises, bequests, grants, etc.** The President may accept and use in furtherance of the purposes of this chapter, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose.
**(e) Health and accident insurance for foreign participants and foreign employees**
(1) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign participants in
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Source location: Title 22, Chapter 32, § 2395; chapter-032-foreign-assistance.md
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**(a) Manner of furnishing assistance; emphasis on loans** Except as otherwise specifically provided in this chapter, assistance under this chapter may be furnished on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement of the purposes of this chapter, and shall emphasize loans rather than grants wherever possible.
**(b) Authority of the President** The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States, and international organizations in furtherance of the purposes and within the limitations of this chapter.
**(c) Utilization of services and facilities of voluntary, nonprofit organizations** It is the sense of Congress that the President, in furthering the purposes of this chapter, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development.
**(d) Acceptance of gifts, devises, bequests, grants, etc.** The President may accept and use in furtherance of the purposes of this chapter, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose.
**(e) Health and accident insurance for foreign participants and foreign employees**
(1) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing technical information and assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program.
(2) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign employees of that agency while those employees are absent from their place of employment abroad for purposes of training or other official duties.
**(f) Admission of alien participants** Alien participants in any program of furnishing technical information and assistance under this chapter may be admitted to the United States if otherwise qualified as nonimmigrants under [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim), for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General.
**(g) Powers and authorities of the President with respect to loans** In making loans under this chapter, the President—
(1) may issue letters of credit and letters of commitment;
(2) may collect or compromise any obligations assigned to, or held by, and any legal or equitable rights accruing to him, and, as he may determine, refer any such obligations or rights to the Attorney General for suit or collection;
(3) may acquire and dispose of, upon such terms and conditions as he may determine, any property, including any instrument evidencing indebtedness or ownership (provided that equity securities may not be directly purchased although such securities may be acquired by other means such as by exercise of conversion rights or through enforcement of liens or pledges or otherwise to satisfy a previously incurred indebtedness), and guarantee payment against any such instrument;
(4) may determine the character of, and necessity for, obligations and expenditures of funds used in making such loans and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and
(5) shall cause to be maintained an integral set of accounts which shall be audited by the Government Accountability Office in accordance with principles and procedures applicable to commercial corporate transactions as provided by chapter 91 of title 31.
**(h) Term of contracts and agreements** A contract or agreement which entails commitments for the expenditure of funds made available under part I (except development loans) and subpart II of part II of subchapter I and under subchapter II of this chapter, may, subject to any future action of the Congress, extend at any time for not more than five years.
**(i) Settlement and arbitration of claims arising under investment guaranty operations** Claims arising as a result of investment guaranty operations may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the President may direct. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provision of law.
**(j) Financial transactions with foreign governments; exemption** The provisions of [section 955 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section955&num=0&edition=prelim) shall not apply to prevent any person, including any individual, partnership, corporation, or association, from acting for, or participating in, any operation or transaction arising under this chapter, or from acquiring any obligation issued in connection with any operation or transaction arising under this chapter.
**(k) Cost-type contracts with educational institutions; payment of reimbursable indirect costs** Any cost-type contract or agreement (including grants) entered into with a university, college, or other educational institution for the purpose of carrying out programs authorized by subchapter I of this chapter may provide for the payment of the reimbursable indirect costs of said university, college, or other educational institution on the basis of predetermined fixed-percentage rates applied to the total, or an element thereof, of the reimbursable direct costs incurred.
**(l) Program oversight** The Administrator of the agency primarily responsible for administering subchapter I of this chapter may use funds made available under that subchapter to provide program and management oversight for activities that are funded under that subchapter and that are conducted in countries in which the agency does not have a field mission or office.
**(m) Working capital fund**
(1) There is established a working capital fund (in this subsection referred to as the “fund”) for the United States Agency for International Development (in this subsection referred to as the “Agency”) which shall be available without fiscal year limitation for the expenses of personal and nonpersonal services, equipment, and supplies for—
(A) International Cooperative Administrative Support Services; and
(B) rebates from the use of United States Government credit cards.
(2) The capital of the fund shall consist of—
(A) the fair and reasonable value of such supplies, equipment, and other assets pertaining to the functions of the fund as the Administrator determines,
(B) rebates from the use of United States Government credit cards, and
(C) any appropriations made available for the purpose of providing capital,
minus related liabilities.
(3) The fund shall be reimbursed or credited with advance payments for services, equipment, or supplies provided from the fund from applicable appropriations and funds of the Agency, other Federal agencies and other sources authorized by [section 2357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2357&num=0&edition=prelim) at rates that will recover total expenses of operation, including accrual of annual leave and depreciation. Receipts from the disposal of, or payments for the loss or damage to, property held in the fund, rebates, reimbursements, refunds and other credits applicable to the operation of the fund may be deposited in the fund.
(4) At the close of each fiscal year the Administrator of the Agency shall transfer out of the fund to the miscellaneous receipts account of the Treasury of the United States such amounts as the Administrator determines to be in excess of the needs of the fund.
(5) The fund may be charged with the current value of supplies and equipment returned to the working capital of the fund by a post, activity, or agency, and the proceeds shall he 11 So in original. Probably should be “be”. credited to current applicable appropriations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
(2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
**(b) Charters.—**
(1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim).
(2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)**
(1) Not less frequently than once each month, the Secretary shall provide in writing to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees the following:
(A)
(i) A list of all international agreements and qualifying non-binding instruments signed, concluded, or otherwise finalized during the prior month.
(ii) The text of all international agreements and qualifying non-binding instruments described in clause (i).
(iii) A detailed description of the legal authority that, in the view of the Secretary, provides authorization for each international agreement and that, in the view of the appropriate department or agency, provides authorization for each qualifying non-binding instrument provided under clause (ii) to become operative. If multiple authorities are relied upon in relation to an international agreement, the Secretary shall cite all such authorities, and if multiple authorities are relied upon in relation to a qualifying non-binding instrument, the appropriate department or agency shall cite all such authorities. All citations to the Constitution of the United States, a treaty, or a statute shall include the specific article or section and subsection reference whenever available and, if not available, shall be as specific as possible. If the authority relied upon is or includes article II of the Constitution of the United States, the Secretary or appropriate department or agency shall explain the basis for that reliance.
(B)
(i) A list of all international agreements that entered into force and qualifying non-binding instruments that became operative for the United States
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
Whoever, within the United States, purchases or sells the bonds, securities, or other obligations of any foreign government or political subdivision thereof or any organization or association acting for or on behalf of a foreign government or political subdivision thereof, issued after April 13, 1934, or makes any loan to such foreign government, political subdivision, organization or association, except a renewal or adjustment of existing indebtedness, while such government, political subdivision, organization or association, is in default in the payment of its obligations, or any part thereof, to the United States, shall be fined under this title or imprisoned for not more than five years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Findings** The Congress finds that—
(1) drought and famine have caused countless deaths and untold suffering among the people of sub-Saharan Africa;
(2) drought and famine in combination with other factors such as desertification, government neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in sub-Saharan Africa; and
(3) the most cost-effective and efficient way of overcoming Africa’s vulnerability to drought and famine is to address Africa’s long-term development needs through a process that builds upon the needs and capabilities of the African people, promotes sustained and equitable economic growth, preserves the environment, and protects the rights of the individual.
**(b) Authority to furnish assistance** The President is authorized to furnish project and program assistance, on such terms and conditions as he may determine in accordance with the policies contained in this section, for long-term development in sub-Saharan Africa.
**(c) Purpose of assistance**
(1) **Purpose** — The purpose of assistance under this section shall be to help the poor majority of men and women in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant.
(2) **Use of assistance to encourage private sector development** — Assistance under this section should, in a manner consistent with paragraph (1), be used to promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector.
**(d) Application of development assistance general authorities and policies** E
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Advance-of-funds or reimbursement basis** Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances:
(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered.
(2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to [section 635(b)(1)(B) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635/b/1/B&num=0&edition=prelim), and repayment of such principal and interest does not exceed a period of three years from the date of signing of th
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1755, acts Aug. 26, 1954, ch. 937, ch. IV, § 503, 68 Stat. 850; July 8, 1955, ch. 301, § 9(b), 69 Stat. 288; Aug. 14, 1957, Pub. L. 85–141, § 9(a), 71 Stat. 363; June 30, 1958, Pub. L. 85–477, ch. V, § 501(17), 72 Stat. 271; July 24, 1959, Pub. L. 86–108, ch. IV, § 401(a), 73 Stat. 252, provided for termination of assistance under this chapter. See [section 2367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2367&num=0&edition=prelim).
Section 1756, acts Aug. 26, 1954, ch. 937, ch. IV, § 504, 68 Stat. 851; Aug. 14, 1957, Pub. L. 85–141, § 9(b), 71 Stat. 363; June 30, 1958, Pub. L. 85–477, ch. V § 501(18), 72 Stat. 271; July 24, 1959, Pub. L. 86–108, ch. IV, § 401(b), 73 Stat. 252; May 14, 1960, Pub. L. 86–472, ch. IV, § 401(b), 74 Stat. 139, related to small business participation in furnishing of commodities and services. See [section 2352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2352&num=0&edition=prelim).
Section 1757, acts Aug. 26, 1954, ch. 937, ch. IV, § 505, 68 Stat. 851; July 8, 1955, ch. 301, § 9(c), 69 Stat. 288; Aug. 14, 1957, Pub. L. 85–141, § 9(c), 71 Stat. 363; July 24, 1959, Pub. L. 86–108, ch. IV, § 401(c), 73 Stat. 252; May 14, 1960, Pub. L. 86–472, ch. IV, § 401(c), 74 Stat. 139, provided for manner and terms of furnishing loan assistance and sales. See [section 2395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2395&num=0&edition=prelim).
Section 1758, act Aug. 26, 1954, ch. 937, ch. IV, § 506, 68 Stat. 852, related to patents and technical information. See [section 2356 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2356&num=0&edition=prel
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1811, act Aug. 26, 1954, ch. 937, ch. I, § 101, 68 Stat. 833, stated the Congressional declaration of purpose for military assistance. See [section 2301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2301&num=0&edition=prelim).
Section 1811a, act Aug. 26, 1954, ch. 937, § 2, formerly ch. IV, § 549, as added July 8, 1955, ch. 301, § 11, 69 Stat. 289, renumbered and amended July 18, 1956, ch. 627, § 2, 70 Stat. 555; July 24, 1959, Pub. L. 86–108, § 2, 73 Stat. 246; May 14, 1960, Pub. L. 86–472, § 2, 74 Stat. 134, stated the Congressional declaration of purpose for this chapter. See sections 2151 and 2301 of this title.
Section 1812, act Aug. 26, 1954, ch. 937, ch. I, § 102, 68 Stat. 833, related to the basis and terms of military assistance. See [section 2395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2395&num=0&edition=prelim).
Section 1813, acts Aug. 26, 1954, ch. 937, ch. I, § 103, 68 Stat. 833; July 8, 1955, ch. 301, § 2(a)–(c), 69 Stat. 283; July 18, 1956, ch. 627, § 3(a), 70 Stat. 555; Aug. 14, 1957, Pub. L. 85–141, § 2(a), 71 Stat. 355; June 30, 1958, Pub. L. 85–477, ch. I, § 101, 72 Stat. 261; July 24, 1959, Pub. L. 86–108, ch. I, § 101(a), 73 Stat. 247; May 14, 1960, Pub. L. 86–472, ch. I, § 101(a), 74 Stat. 134, authorized appropriations for military assistance. See [section 2312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2312&num=0&edition=prelim).
Section 1814, acts Aug. 26, 1954, ch. 937, ch. I, § 104, 68 Stat. 834; Aug. 14, 1957, Pub. L. 85–141, § 2(b), 71 Stat. 356, authorized NATO infrastructure contributions.
Section 1815, acts Aug. 26, 1954, ch. 937, ch. I, § 105, 68 Stat. 834; July
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1811 to 1817
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