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

Page 898 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2392 (c) Appointment of Chairman of Development As- sistance Committee; compensation The President may appoint any United States citizen who is not an employee of the United States Government or may assign any United States citizen who is a United States Govern- ment employee to serve as Chairman of the De- velopment Assistance Committee or any suc- cessor committee thereto of the Organization for Economic Cooperation and Development upon election thereto by members of said Com- mittee, and, in his discretion, may terminate such appointment or assignment, notwith- standing any other provision of law. Such person may receive such compensation and allowances as are authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) 1 of that Act [22 U.S.C. 3902(a)(3)]), as the President shall determine to be appropriate. Such person (if not a United States Government employee who is assigned to serve as Chairman) shall be deemed to be an em- ployee of the United States Government for pur- poses of chapters 81, 83, 87, and 89 of title 5. Such person may also, in the President’s discretion, receive any other benefits and perquisites avail- able under this chapter to chiefs of special mis- sions or staffs outside the United States estab- lished under this section. (d) Administration of assistance Wherever practicable, especially in the case of the smaller programs, assistance under sub- chapter I of this chapter shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal eco- nomic officer of the mission. (Pub. L. 87–195, pt. III, § 631, Sept. 4, 1961, 75 Stat. 453; Pub. L. 88–205, pt. III, § 302(d), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, § 302(f), Sept. 6, 1965, 79 Stat. 660; Pub. L. 95–92, § 7(c), Aug. 4, 1977, 91 Stat. 617; Pub. L. 96–465, title II, § 2203(c), (d), Oct. 17, 1980, 94 Stat. 2159.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance 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. The Foreign Service Act of 1980, referred to in sub- secs. (b) and (c), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3901 of this title and Tables. Section 102(a)(3) of that Act, referred to in subsecs. (b) and (c), was redesignated section 102(3) pursuant to Pub. L. 98–164, which struck out designation ‘‘(a)’’ and struck out subsec. (b) of section 102. AMENDMENTS 1980—Subsec. (b). Pub. L. 96–465, § 2203(c), among other changes, substituted references to the Foreign Service Act of 1980 for references to the Foreign Service Act of 1946 and section 2385(d) of this title. Subsec. (c). Pub. L. 96–465, § 2203(d), among other changes, substituted references to the Foreign Service Act of 1980, for references to the Foreign Service Act of 1946, and inserted provisions relating to employee sta- tus for purposes of chapters 81, 83, 87 and 89 of title 5. 1977—Subsec. (d). Pub. L. 95–92 substituted reference to subchapter I of this chapter for reference to this chapter and struck out provisions requiring adminis- tration of assistance by the senior military officer of the mission for assistance under subchapter II of this chapter. 1965—Subsec. (d). Pub. L. 89–171 added subsec. (d). 1963—Subsec. (c). Pub. L. 88–205 added subsec. (c). 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. FLAG AND GENERAL OFFICERS Pub. L. 94–11, title I, § 100, Mar. 26, 1975, 89 Stat. 20, provided in part that: ‘‘The total number of flag and general officers of the United States Armed Forces as- signed or detailed to military assistance advisory groups, military missions, or similar organizations, or performing duties primarily with respect to the Mili- tary Assistance Program and the Foreign Military Sales Program shall not exceed twenty after May 1, 1975.’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. APPROVAL OF SECRETARY OF STATE The maintenance of special missions or staffs abroad, the fixing of ranks of chiefs thereof after the chiefs of United States diplomatic missions, and authorization of same compensation and allowances as chief of mis- sion, as defined in section 3902(3) of this title, all under this section, shall be subject to approval of Secretary of State, see section 1–603 of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, as amended, set out as a note under section 2381 of this title. § 2392. Government agencies (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 coun- try or international organization for the pro- curement of commodities, defense articles, mili- tary education and training, or services (includ- ing defense services). Such funds shall be avail- able for obligation and expenditure for the pur- poses for which authorized, in accordance with authority granted in this chapter or under au- thority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred. Page 899 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2392 1 See References in Text note below. (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, de- fense articles, or military education and train- ing from, any agency of the United States Gov- ernment 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 fa- cility 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 De- fense to carry out part VIII of subchapter I of this chapter, the amount of the additional costs incurred by the Department of Defense in pro- viding such services, or at any other price au- thorized by law and agreed to by the owning or disposing agency. The amount of any such reim- bursement or payment shall be credited to cur- rent applicable appropriations, funds, or ac- counts, from which there may be procured re- placements of similar commodities, services, or facilities, except that where such appropria- tions, 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 re- ceived 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, 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 sub- chapter 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) of the defense articles or of the defense services (other than salaries of mem- bers of the Armed Forces of the United States), or other assistance furnished, plus expenses aris- ing from or incident to operations under sub- chapter II of this chapter (other than salaries of the Armed Forces of the United States and un- funded estimated costs of civilian retirement and other benefits). The amount of such reim- bursement shall be credited to the current appli- cable 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 com- mitment may be issued which shall constitute recordable obligations of the United States Gov- ernment, and moneys due or to become due under such letters of commitment shall be as- signable under the Assignment of Claims Act of 1940, as amended 1 (second and third paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) from which disbursements may be made to, or with- drawals may be made by, recipient countries or agencies, organizations, or persons upon presen- tation of contracts, invoices, or other appro- priate documentation. Expenditure of funds which have been made available through ac- counts so established shall be accounted for on standard documentation required for expendi- ture of funds of the United States Government: Provided, That such expenditures for commod- ities, defense articles, military education and training, services (including defense services), or facilities procured outside the United States may be accounted for exclusively on such cer- tification 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 sec- tion 1782(a) 1 of this title, shall not be considered in determining whether the Bank has out- standing at any one time loans and guaranties to the extent of the limitation imposed by sec- tion 635e of title 12. (g) Charge of expenses to appropriation or ac- count Any appropriation or account available to carry out provisions of subchapter I of this chap- ter 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 ac- counts initially utilized for financing purposes: Provided further, That such final charge to appli- cable appropriations or accounts shall not be re- quired in the case of expenses (other than those provided for under section 2397(a) of this title) incurred in furnishing assistance by the agency primarily responsible for administering sub- chapter I of this chapter where it is determined that the accounting costs of identifying the ap- plicable appropriation or account to which such expenses should be charged would be dispropor- tionate to the advantage to be gained. (Pub. L. 87–195, pt. III, § 632, Sept. 4, 1961, 75 Stat. 453; Pub. L. 90–137, pt. III, § 302(g), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90–267, § 1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L. 90–629, ch. 4, § 45(b)(3), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94–329, title I, § 106(b)(4), June 30, 1976, 90 Stat. 733; Pub. L. 100–690, title IV, § 4506, Nov. 18, 1988, 102 Stat. 4286; Pub. L. 101–165, title IX, § 9104(b)(2), Nov. 21, 1989, 103 Stat. 1152.) Page 900 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2393 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance 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. The Assignment of Claims Act of 1940, as amended, referred to in subsec. (e), means act Oct. 9, 1940, ch. 779, 54 Stat. 1029, which added the second and third pars. to section 203 of former Title 31, Money and Finance, and the second and third pars. to section 15 of former Title 41, Public Contracts. Section 203 of former Title 31 was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as sec- tion 3727 of Title 31, Money and Finance. Such second and third pars. were restated in section 3727(b) (last sentence) and (c) of Title 31. Section 15 of former Title 41 was amended generally by Pub. L. 103–355, title II, § 2451, Oct. 13, 1994, 108 Stat. 3324, and was repealed and restated as section 6305 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. Section 1782(a) of this title, referred to in subsec. (f), was repealed by Pub. L. 87–195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460. AMENDMENTS 1989—Subsec. (d). Pub. L. 101–165 inserted at end of second sentence ‘‘(other than salaries of the Armed Forces of the United States and unfunded estimated costs of civilian retirement and other benefits)’’. 1988—Subsec. (c). Pub. L. 100–690 inserted ‘‘or, in the case of services procured from the Department of De- fense 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,’’ after ‘‘at actual cost,’’. 1976—Subsec. (a). Pub. L. 94–329, § 106(b)(4)(A), in- serted ‘‘military education and training’’ after ‘‘arti- cles’’. Subsec. (b). Pub. L. 94–329, § 106(b)(4)(B), substituted ‘‘defense articles, or military education and training’’ for ‘‘and defense articles’’. Subsec. (e). Pub. L. 94–329, § 106(b)(4)(A), inserted ‘‘military education and training’’ after ‘‘articles’’. 1968—Subsec. (d). Pub. L. 90–629 struck out references to sections 2342 and 2343 of this title in the exception provision. 1967—Subsec. (d). Pub. L. 90–137 substituted reference to sections 2318, 2342, and 2343 for former reference to sections 2315 and 2318 of this title. 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. CHANGE OF NAME ‘‘Export-Import Bank of Washington’’ changed to ‘‘Export-Import Bank of the United States’’ in text to conform to such change in name in the Export-Import Bank Act of 1945, section 635 et seq. of Title 12, Banks and Banking, provided for in section 1(a) of Pub. L. 90–267, Mar. 13, 1968, 82 Stat. 47. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–629 effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title. ACCOUNTING ADJUSTMENTS BETWEEN APPROPRIATIONS Charge of expenses to appropriation or account not affected by provisions for accounting adjustments be- tween appropriations, see section 3 of Pub. L. 89–473, June 29, 1966, 80 Stat. 221, set out as a note under sec- tion 628a of Title 31, Money and Finance. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2393. Waiver of certain laws (a) Contracts and expenditure of funds Whenever the President determines it to be in furtherance of the purposes of this chapter, the functions authorized under this chapter may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211 et seq.)),1 regu- lating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may specify. (b) Neutrality laws The functions authorized under subchapter II of this chapter may be performed without regard to such provisions as the President may specify of subchapter II of chapter 9 of this title. (c) Assignment of personnel Notwithstanding the provisions of sections 3544(b) and 8544(b) 1 of title 10, personnel of the Department of Defense may be assigned or de- tailed to any civil office to carry out this chap- ter. (Pub. L. 87–195, pt. III, § 633, Sept. 4, 1961, 75 Stat. 454.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 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. The Renegotiation Act of 1951, referred to in subsec. (a), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, which was classified principally to section 1211 et seq. of the former Appendix to Title 50, War and National Defense, prior to its omission from the Code. Sections 3544 and 8544 of title 10, referred to in subsec. (c), were repealed by Pub. L. 90–235, § 4(a)(6), Jan. 2, 1968, 81 Stat. 759. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter II of this chapter are deemed to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include 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.