Title 22 — Foreign Relations and Intercourse
Part II · Chapter 32 — Foreign Assistance
§ 2395. General authorities
Statutory text
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.
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.
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.
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.
Health and accident insurance for foreign participants and foreign employees
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.
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.
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, for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General.
Powers and authorities of the President with respect to loans
In making loans under this chapter, the President—
may issue letters of credit and letters of commitment;
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;
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;
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
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.
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.
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.
Financial transactions with foreign governments; exemption
The provisions of section 955 of title 18 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.
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.
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.
Working capital fund
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—
International Cooperative Administrative Support Services; and
rebates from the use of United States Government credit cards.
The capital of the fund shall consist of—
the fair and reasonable value of such supplies, equipment, and other assets pertaining to the functions of the fund as the Administrator determines,
rebates from the use of United States Government credit cards, and
any appropriations made available for the purpose of providing capital,
minus related liabilities.
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 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.
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.
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 1 credited to current applicable appropriations.
Footnotes
- 1 So in original. Probably should be “be”.
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. § 2395
Pub. L. 87–195, pt. III, § 635, Sept. 4, 1961, 75 Stat. 456
Source evidence
Code source credit
Pub. L. 87–195, pt. III, § 635, Sept. 4, 1961, 75 Stat. 456Foreign Assistance Act of 1962
Pub. L. 87–565 · 76 Stat. 255
Changed · 22 U.S.C. § 2395(h)
Pub. L. 87–565 included sections 2211 to 2213 of this title within the limitation on the duration of contracts and agreements
Source evidence
Code amendment note
Subsec. (h). Pub. L. 87–565 included sections 2211 to 2213 of this title within the limitation on the duration of contracts and agreements.Foreign Assistance Act of 1963
Pub. L. 88–205 · 77 Stat. 379
Added · 22 U.S.C. § 2395(k)
Pub. L. 88–205 added subsec. (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 88–205 added subsec. (k).Foreign Assistance Act of 1965
Pub. L. 89–171 · 79 Stat. 653
Inserted · 22 U.S.C. § 2395(g)
Pub. L. 89–171 inserted “and sales” in introductory clause
Source evidence
Code amendment note
Subsec. (g). Pub. L. 89–171 inserted “and sales” in introductory clause.Foreign Assistance Act of 1966
Pub. L. 89–583 · 80 Stat. 795
Changed · 22 U.S.C. § 2395(h)
Pub. L. 89–583 excluded development loans under the Alliance for Progress from the provision that contracts or agreements which entail commitments for the expenditure of funds may not extend for more than five years
Source evidence
Code amendment note
Subsec. (h). Pub. L. 89–583 excluded development loans under the Alliance for Progress from the provision that contracts or agreements which entail commitments for the expenditure of funds may not extend for more than five years.Foreign Assistance Act of 1967
Pub. L. 90–137 § 302(i)(1) · 81 Stat. 445
Amended · 22 U.S.C. § 2395(e)
Pub. L. 90–137, § 302(i)(1), designated existing provisions as par. (1)
Added · 22 U.S.C. § 2395(e)
Pub. L. 90–137, § 302(i)(1), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 90–137, § 302(i)(1), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(1) Subsection (e) is amended (A) by inserting, immediately preceding the first word, a paragraph designation “(1)”, and (B) by adding at the end the following new paragraph: “(2) Any agency of the United States Government is authorized to Foreign employees, payment of health insurance costs. 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.”Foreign Assistance Act of 1967
Pub. L. 90–137 § 302(i)(2) · 81 Stat. 445
Struck · 22 U.S.C. § 2395(g)
Pub. L. 90–137, § 302(i)(2), struck out “and sales” after “loans” in introductory clause
Source evidence
Code amendment note
Subsec. (g). Pub. L. 90–137, § 302(i)(2), struck out “and sales” after “loans” in introductory clause.Enacted provision · exact public law section
(2) Subsection (g) is amended by striking out “and sales”. This 79 Stat. 660. paragraph shall take effect on June 30, 1968.Pub. L. 95–424 title I § 102(g)(2)(G) · 92 Stat. 937
Substituted · 22 U.S.C. § 2395(h)
Pub. L. 95–424 substituted “part I (except development loans) and subpart II of part II of subchapter I” for “subparts II, V, and VI of part II of subchapter I (except development loans)”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 95–424 substituted “part I (except development loans) and subpart II of part II of subchapter I” for “subparts II, V, and VI of part II of subchapter I (except development loans)”.Enacted provision · exact public law section
(G) Section 635(h) of such Act is amended by striking out “titles 22 USC 2395. II , V, and VI (except development loans)” and inserting in lieu thereof “chapter 1 (except development loans) and title II”.International Development Cooperation Act of 1979
Pub. L. 96–53 title I § 121 · 93 Stat. 359
Substituted · 22 U.S.C. § 2395(c)
Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”
Source evidence
Code amendment note
Subsec. (c). 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.Global AIDS and Tuberculosis Relief Act of 2000
Pub. L. 106–264 title III § 301 · 114 Stat. 748
Added · 22 U.S.C. § 2395(l)
Pub. L. 106–264 added subsec. (l)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 106–264 added subsec. (l).Enacted provision · exact public law section
SEC. 301. EFFECTIVE PROGRAM OVERSIGHT. Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C. 2395) is amended by adding at the end thereof the following new subsection: “(l) The Administrator of the agency primarily responsible for administering part I may use funds made available under that part to provide program and management oversight for activities that are funded under that part and that are conducted in countries in which the agency does not have a field mission or office.”.Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000
Pub. L. 106–309 title IV § 404 · 114 Stat. 1078
Added · 22 U.S.C. § 2395(m)
Pub. L. 106–309 added subsec. (m)
Source evidence
Code amendment note
Subsec. (m). Pub. L. 106–309 added subsec. (m).Enacted provision · exact public law section
SEC. 404. WORKING CAPITAL FUND. Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C. 2395) is amended by adding at the end the following new subsection: “(m) (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 607 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 credited to current applicable appropriations.”.GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 22 U.S.C. § 2395(g)(5)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Subsec. (g)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.
8 of 13 references resolved to an enrolled provision · 5 partial
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) to (d), (g), and (j), 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.
Codification
In subsec. (g)(5), “chapter 91 of title 31” substituted for “the Government Corporation Control Act, as amended (31 U.S.C. 841 et seq.)” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Amendments1962–2004 · 9 rounds
2004
Subsec. (g)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2000
Subsec. (l). Pub. L. 106–264 added subsec. (l).
Subsec. (m). Pub. L. 106–309 added subsec. (m).
1979
Subsec. (c). Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.
1978
Subsec. (h). Pub. L. 95–424 substituted “part I (except development loans) and subpart II of part II of subchapter I” for “subparts II, V, and VI of part II of subchapter I (except development loans)”.
1967
Subsec. (e). Pub. L. 90–137, § 302(i)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 90–137, § 302(i)(2), struck out “and sales” after “loans” in introductory clause.
1966
Subsec. (h). Pub. L. 89–583 excluded development loans under the Alliance for Progress from the provision that contracts or agreements which entail commitments for the expenditure of funds may not extend for more than five years.
1965
Subsec. (g). Pub. L. 89–171 inserted “and sales” in introductory clause.
1963
Subsec. (k). Pub. L. 88–205 added subsec. (k).
1962
Subsec. (h). Pub. L. 87–565 included sections 2211 to 2213 of this title within the limitation on the duration of contracts and agreements.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
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.
Effective Date of 1967 Amendment
Pub. L. 90–137, pt. III, § 302(i)(2), , 81 Stat. 461, provided in part that amendment of subsec. (g) by such section 302(i)(2) shall take effect on .
Information to Congressional Committees on Negotiations Regarding Debts Owed United States by Foreign Governments; Transmittal to Congress of Debt Modification Proposals
Pub. L. 93–333, § 4, , 88 Stat. 290, relating to cancellation, renegotiation, etc., of any debt owed by a foreign government, was repealed by Pub. L. 95–424, title VI, § 603(b), , 92 Stat. 961.
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
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.
International Agreements
The negotiation, conclusion, and termination of international agreements pursuant to this chapter shall be subject to requirements of section 112b of Title 1, General Provisions, and to applicable regulations and procedures, see section 1–604 of Ex. Ord. No. 12163, , 44 F.R. 56677, eff. , set out as a note under section 2381 of this title.
Credits
1961–2004 · 11 acts
- 1961Pub. L. 87–195, pt. III, § 635, , 75 Stat. 456
- 1962Pub. L. 87–565, pt. III, § 302(g), , 76 Stat. 262
- 1963Pub. L. 88–205, pt. III, § 302(e), , 77 Stat. 389
- 1965Pub. L. 89–171, pt. III, § 302(g), , 79 Stat. 660
- 1966Pub. L. 89–583, pt. III, § 302(d), , 80 Stat. 807
- 1967Pub. L. 90–137, pt. III, § 302(i), , 81 Stat. 461
- 1978Pub. L. 95–424, title I, § 102(g)(2)(G), , 92 Stat. 943
- 1979Pub. L. 96–53, title I, § 121, , 93 Stat. 366
- 2000Pub. L. 106–264, title III, § 301, , 114 Stat. 760
- 2000Pub. L. 106–309, title IV, § 404, , 114 Stat. 1098
- 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814.
Show as published
(Pub. L. 87–195, pt. III, § 635, , 75 Stat. 456; Pub. L. 87–565, pt. III, § 302(g), , 76 Stat. 262; Pub. L. 88–205, pt. III, § 302(e), , 77 Stat. 389; Pub. L. 89–171, pt. III, § 302(g), , 79 Stat. 660; Pub. L. 89–583, pt. III, § 302(d), , 80 Stat. 807; Pub. L. 90–137, pt. III, § 302(i), , 81 Stat. 461; Pub. L. 95–424, title I, § 102(g)(2)(G), , 92 Stat. 943; Pub. L. 96–53, title I, § 121, , 93 Stat. 366; Pub. L. 106–264, title III, § 301, , 114 Stat. 760; Pub. L. 106–309, title IV, § 404, , 114 Stat. 1098; Pub. L. 108–271, § 8(b), , 118 Stat. 814.)