22 USC 2395 - General authorities

U.S Code last checked for updates: Apr 15, 2025

§ 2395.

General authorities

(a)

Manner of furnishing assistance; emphasis on loans

(b)

Authority of the President

(c)

Utilization of services and facilities of voluntary, nonprofit organizations

(d)

Acceptance of gifts, devises, bequests, grants, etc.

(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

(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

(i)

Settlement and arbitration of claims arising under investment guaranty operations

(j)

Financial transactions with foreign governments; exemption

(k)

Cost-type contracts with educational institutions; payment of reimbursable indirect costs

(l)

Program oversight

(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 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 1

 So in original. Probably should be “be”.

credited to current applicable appropriations.

(Pub. L. 87–195, pt. III, § 635, Sept. 4, 1961, 75 Stat. 456; Pub. L. 87–565, pt. III, § 302(g), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88–205, pt. III, § 302(e), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, § 302(g), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89–583, pt. III, § 302(d), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90–137, pt. III, § 302(i), Nov. 14, 1967, 81 Stat. 461; Pub. L. 95–424, title I, § 102(g)(2)(G), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96–53, title I, § 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 106–264, title III, § 301, Aug. 19, 2000, 114 Stat. 760; Pub. L. 106–309, title IV, § 404, Oct. 17, 2000, 114 Stat. 1098; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

cite as: 22 USC 2395