US Code

Public Law 119-73 (01/23/2026)

22 U.S.C. § 2357

Furnishing of services and commodities

(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)
Providedsection 635(b)(1)(B) of title 12Provided further 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: , That such agreements require the payment of interest at the current rate established pursuant to , 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: , 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.
(b)

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.

(c)

Excess property

(1)
section 2358 of this title Except as provided in subsection (d), no Government-owned excess property shall be made available under this section, , 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—
(A)
that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(B)
as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(C)
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.
(2)
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.
(d)

Transfer of Government-owned excess property to enhance environmental protection in foreign countries

section 2358 of this titleThe 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 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—
(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.

Pub. L. 87–19575 Stat. 441Pub. L. 90–55482 Stat. 963Pub. L. 94–161, title III, § 31589 Stat. 867Pub. L. 95–88, title I, § 122(a)91 Stat. 541Pub. L. 95–424, title V, § 50392 Stat. 95992 Stat. 3783Pub. L. 96–53, title I, § 12193 Stat. 366Pub. L. 99–93, title I, § 12999 Stat. 419(, pt. III, § 607, , ; , pt. III, § 301(b), , ; , , ; , , ; , , ; 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 87–19575 Stat. 424section 2151 of this titleThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 99–93, § 129(1)(A)1985—Subsec. (c)(1). , (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”.

Pub. L. 99–93, § 129(1)(C)Subsec. (c)(2). , added par. (2).

Pub. L. 99–93, § 129(2)Subsec. (d). , added subsec. (d).

Pub. L. 96–531979—Subsec. (a). substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.

Pub. L. 95–4241978—Subsecs. (b), (c). added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 95–881977—Subsec. (a). 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).

Pub. L. 94–1611975—Subsec. (a). substituted “currently” for “current”, incorporated text following “Such advances or reimbursements” in provisions designated cl. (1) and added cl. (2).

Pub. L. 90–5541968— 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

section 202(b) of Pub. L. 92–226section 2346 of this titleReferences 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 , set out as a note under , and sections 2348c and 2349aa–5 of this title.

References to Part I Deemed To Include Section 2293

section 2293 of this titlesection 2293(d)(1) of this titleReferences to part I of subchapter I of this chapter are deemed to include a reference to . See .

Effective Date of 1979 Amendment

Pub. L. 96–53section 512(a) of Pub. L. 96–53section 2151 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–424section 605 of Pub. L. 95–424section 2151 of this titleAmendment by effective , see , set out as a note under .

Regulations

Pub. L. 95–88, title I, § 122(b)91 Stat. 541

“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.”
, , , provided that:

Authority of Secretary of State

section 2651a of this titlesection 161(d) of Pub. L. 103–236section 2651a of this titleExcept 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 and , set out as a note under .

Termination of Advisory Committees

section 1013 of Title 5Advisory 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 , Government Organization and Employees.

Executive Documents

Transfer of Functions

92 Stat. 3783section 1101 of Title 5section 1101 of Title 5“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, , set out under , 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 .

Delegation of Functions

section 2381 of this titleFor 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 .

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

section 301 of title 3By virtue of the authority vested in me by the Constitution and laws of the United States of America, including of the United States Code, I hereby delegate as follows certain authorities vested in the President:

22 U.S.C. 2357(A) the functions under section 607 of the Foreign Assistance Act of 1961, as amended (FAA) [], 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

Public Law 103–306108 Stat. 1611(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 () [], 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.

22 U.S.C. 2381The 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 [ 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.