Title 22 — Foreign Relations and Intercourse
Part I · Chapter 32 — Foreign Assistance
§ 2357. Furnishing of services and commodities
Statutory text
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:
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.
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, and repayment of such principal and interest does not exceed a period of three years from the date of signing of the agreement to provide the service: Provided further, That funds available for this paragraph in any fiscal year shall not exceed $1,000,000 of the total funds authorized for use in such fiscal year by part I of subchapter I of this chapter, and shall be available only to the extent provided in appropriation Acts. Interest shall accrue as of the date of disbursement to the agency or organization providing such services.
Agency contracts with individuals to perform services
When any agency of the United States Government provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for personal service abroad or in the United States to perform such services or to replace officers or employees of the United States Government who are assigned by the agency to provide such services. Such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Director of the Office of Personnel Management.
Excess property
Except as provided in subsection (d), no Government-owned excess property shall be made available under this section, section 2358 of this title, or otherwise in furtherance of the purposes of subchapter I of this chapter, unless, before the shipment of such property for use in a specified country (or transfer, if the property is already in such country), the agency administering such subchapter I has approved such shipment (or transfer) and made a written determination—
that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
For purposes of transferring property described in this subsection in furtherance of the provisions of part VIII of subchapter I of this chapter, the phrase “the agency administering such subchapter I” shall be considered to refer to the Department of State.
Transfer of Government-owned excess property to enhance environmental protection in foreign countries
The Secretary of State, acting through the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, is authorized to transfer to any friendly country, international organization, the American Red Cross, or other voluntary nonprofit relief agency described in subsection (a), Government-owned excess property made available under this section or section 2358 of this title in order to support activities carried out under subchapter I of this chapter which are designed to enhance environmental protection in foreign countries if the Secretary of State makes a written determination—
that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–195 · 75 Stat. 424
Enacted · 22 U.S.C. § 2357
Pub. L. 87–195, pt. III, § 607, Sept. 4, 1961, 75 Stat. 441
Source evidence
Code source credit
Pub. L. 87–195, pt. III, § 607, Sept. 4, 1961, 75 Stat. 441Foreign Assistance Act of 1968
Pub. L. 90–554 · 82 Stat. 960
Amended · 22 U.S.C. § 2357
Pub. L. 90–554 designated existing provisions as subsec. (a)
Added · 22 U.S.C. § 2357
Pub. L. 90–554 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 90–554 designated existing provisions as subsec. (a) and added subsec. (b).International Development and Food Assistance Act of 1975
Pub. L. 94–161 title III § 315 · 89 Stat. 849
Substituted · 22 U.S.C. § 2357(a)
Pub. L. 94–161 substituted “currently” for “current”, incorporated text following “Such advances or reimbursements” in provisions designated cl. (1)
Added · 22 U.S.C. § 2357(a)
Pub. L. 94–161 added cl. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–161 substituted “currently” for “current”, incorporated text following “Such advances or reimbursements” in provisions designated cl. (1) and added cl. (2).Enacted provision · exact public law section
Sec. 315. furnishing of services and commodities Section 607(a) of the Foreign Assistance Act is amended 22 USC 2357. by deleting the second full sentence, and inserting in lieu thereof the following: “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 2 (b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526), and repayment of such principal and interest does not 12 USC 635 note. exceed a period of three years from the date of signing of the agreement to provide the service: Provided further, That funds available for this paragraph in any fiscal year shall not exceed $1,000,000 of the total funds authorized for use in such fiscal year by chapter 1 of part I of this Act, and shall be available only to the extent provided in appropriation Acts. Interest shall accrue as of the date of disbursement to the agency or organization providing such services.”.International Development and Food Assistance Act of 1977
Pub. L. 95–88 title I § 122(a) · 91 Stat. 533
Inserted · 22 U.S.C. § 2357(a)
Pub. L. 95–88 inserted “(including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available)” after “and voluntary nonprofit relief agencies registered with and approved by the Advisory Committee on Voluntary Foreign Aid” in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–88 inserted “(including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available)” after “and voluntary nonprofit relief agencies registered with and approved by the Advisory Committee on Voluntary Foreign Aid” in provisions preceding par. (1).Enacted provision · exact public law section
(a) Section 607 of the Foreign Assistance Act of 1961 is 22 USC 2357. amended by inserting immediately before the period at the end of the first sentence “(including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available)”.Pub. L. 95–424 title V § 503 · 92 Stat. 937
Added · 22 U.S.C. § 2357(b); 22 U.S.C. § 2357(c)
Pub. L. 95–424 added subsec. (b)
Redesignated · 22 U.S.C. § 2357(b); 22 U.S.C. § 2357(c)
Pub. L. 95–424 redesignated former subsec. (b) as (c)
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 95–424 added subsec. (b) and redesignated former subsec. (b) as (c).Enacted provision · exact public law section
Sec. 503. Section 607 of the Foreign Assistance Act of 1961 is Contract authority. 22 USC 2357. amended by redesignating subsection (b) as subsection (c) and by inserting the following new subsection (b) immediately after subsection (a): “(b) When any agency of the United States Government provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for personal service abroad or in the United States to perform such services or to replace officers or employees of the United States Government who are assigned by the agency to provide such services. Such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission.”.International Development Cooperation Act of 1979
Pub. L. 96–53 title I § 121 · 93 Stat. 359
Substituted · 22 U.S.C. § 2357(a)
Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.Enacted provision · exact public law section
Sec. 121. registration of private voluntary agencies Sections 123(b), 607(a), and 635(c) of the Foreign Assistance Act of 1961 and sections 104(f) and 202(a) of the Agricultural Trade Development and Assistance Act of 1954 are amended by striking out “Advisory Committee on Voluntary Foreign Aid” and “Advisory Committee” wherever they appear and inserting in lieu thereof “Agency for International Development”.Effective date note
Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.Foreign Relations Authorization Act, Fiscal Years 1986 and 1987
Pub. L. 99–93 § 129(1)(A) · 99 Stat. 405
Amended · 22 U.S.C. § 2357(c)(1)
Pub. L. 99–93, § 129(1)(A), (B), designated existing provisions of subsec. (c) as par. (1)
Redesignated · 22 U.S.C. § 2357(c)(1)
Pub. L. 99–93, § 129(1)(A), (B), redesignated existing pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and in introductory provisions of par. (1) as so designated substituted “Except as provided in subsection (d), no” for “No”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 99–93, § 129(1)(A), (B), designated existing provisions of subsec. (c) as par. (1), redesignated existing pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and in introductory provisions of par. (1) as so designated substituted “Except as provided in subsection (d), no” for “No”.Enacted provision · exact public law section
(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;Foreign Relations Authorization Act, Fiscal Years 1986 and 1987
Pub. L. 99–93 § 129(1)(C) · 99 Stat. 405
Added · 22 U.S.C. § 2357(c)(2)
Pub. L. 99–93, § 129(1)(C), added par. (2)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 99–93, § 129(1)(C), added par. (2).Enacted provision · exact public law section
(C) by adding at the end thereof the following new paragraph: “(2) For purposes of transferring property described in this subsection in furtherance of the provisions of chapter 8 of part I of this Act, the phrase ‘the agency administering such part I’ shall be 22 USC 2291. considered to refer to the Department of State.”; andForeign Relations Authorization Act, Fiscal Years 1986 and 1987
Pub. L. 99–93 § 129(2) · 99 Stat. 405
Added · 22 U.S.C. § 2357(d)
Pub. L. 99–93, § 129(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–93, § 129(2), added subsec. (d).Enacted provision · exact public law section
(2) by adding at the end thereof the following: “(d) The Secretary of State, acting through the Assistant Secretary Real property. Conservation. of State for Oceans and International Environmental and Scientific Affairs, is authorized to transfer to any friendly country, international organization, the American Red Cross, or other voluntary nonprofit relief agency described in subsection (a), Government-owned excess property made available under this section or section 608 in order to support activities carried out under part I of 22 USC 2358. 22 USC 2151. this Act which are designed to enhance environmental protection in foreign countries if the Secretary of State makes a written determination— “(1) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested; “(2) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and “(3) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.”.
10 of 13 references resolved to an enrolled provision · 3 partial
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 87–195, , 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1968–1985 · 6 rounds
1985
Subsec. (c)(1). Pub. L. 99–93, § 129(1)(A), (B), designated existing provisions of subsec. (c) as par. (1), redesignated existing pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and in introductory provisions of par. (1) as so designated substituted “Except as provided in subsection (d), no” for “No”.
Subsec. (c)(2). Pub. L. 99–93, § 129(1)(C), added par. (2).
Subsec. (d). Pub. L. 99–93, § 129(2), added subsec. (d).
1979
Subsec. (a). Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.
1978
Subsecs. (b), (c). Pub. L. 95–424 added subsec. (b) and redesignated former subsec. (b) as (c).
1977
Subsec. (a). Pub. L. 95–88 inserted “(including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available)” after “and voluntary nonprofit relief agencies registered with and approved by the Advisory Committee on Voluntary Foreign Aid” in provisions preceding par. (1).
1975
Subsec. (a). Pub. L. 94–161 substituted “currently” for “current”, incorporated text following “Such advances or reimbursements” in provisions designated cl. (1) and added cl. (2).
1968
Pub. L. 90–554 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
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 1979 Amendment
Amendment by Pub. L. 96–53 effective , see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–424 effective , see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Regulations
Pub. L. 95–88, title I, § 122(b), , 91 Stat. 541, provided that: “For purposes of implementing the amendment made by subsection (a) [amending this section], the President shall issue regulations governing registration with and approval by the Advisory Committee on Voluntary Foreign Aid of foreign voluntary nonprofit agencies.”
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.
Termination of Advisory Committees
Advisory committees in existence on , to terminate not later than the expiration of the 2-year period following , unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Executive Documents
Transfer of Functions
“Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in the United States Civil Service Commission to the Director of the Office of Personnel Management (except as otherwise specified), effective , as provided by section 1–102 of Ex. Ord. No. 12107, , 44 F.R. 1055, set out under section 1101 of Title 5.
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
Delegation of Authority
Memorandum of President of the United States, , 60 F.R. 10793, provided:
Memorandum for the Secretary of State [and] the Administrator of the Agency for International Development
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate as follows certain authorities vested in the President:
(A) the functions under section 607 of the Foreign Assistance Act of 1961, as amended (FAA) [22 U.S.C. 2357], to the Secretary of State and to the Administrator of the Agency for International Development, respectively, for matters within their respective areas of responsibility; and
(B) the functions in the first proviso under the heading “Population, Development Assistance,” contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103–306) [108 Stat. 1611], and in comparable provisions in successor legislation, to the Secretary of State relating to those organizations and programs for which the Secretary of State has funding responsibility.
The delegations of authority described in subparagraph (A) are in addition to other delegations of such authority to the International Development Cooperation Agency.
The delegation of authority described above in subparagraph (B) shall be exercised in lieu of the delegation of the comparable authority to the Administrator of the Agency for International Development by section 1–102(a)(7) of Executive Order No. 12163, as amended [22 U.S.C. 2381 note].
Any reference in this memorandum to any Act, order, determination, or delegation of authority shall be deemed to be a reference to such Act, order, determination, or delegation of authority as amended from time to time.
The functions delegated by this memorandum may be redelegated within the Department of State or the Agency for International Development, as appropriate.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Credits
1961–1985 · 8 acts
- 1961Pub. L. 87–195, pt. III, § 607, , 75 Stat. 441
- 1968Pub. L. 90–554, pt. III, § 301(b), , 82 Stat. 963
- 1975Pub. L. 94–161, title III, § 315, , 89 Stat. 867
- 1977Pub. L. 95–88, title I, § 122(a), , 91 Stat. 541
- 1978Pub. L. 95–424, title V, § 503, , 92 Stat. 959
- 19791978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, 92 Stat. 3783
- 1979Pub. L. 96–53, title I, § 121, , 93 Stat. 366
- 1985Pub. L. 99–93, title I, § 129, , 99 Stat. 419.
Show as published
(Pub. L. 87–195, pt. III, § 607, , 75 Stat. 441; Pub. L. 90–554, pt. III, § 301(b), , 82 Stat. 963; Pub. L. 94–161, title III, § 315, , 89 Stat. 867; Pub. L. 95–88, title I, § 122(a), , 91 Stat. 541; Pub. L. 95–424, title V, § 503, , 92 Stat. 959; 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–53, title I, § 121, , 93 Stat. 366; Pub. L. 99–93, title I, § 129, , 99 Stat. 419.)