
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2392]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 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 country or international organization for the 
procurement of commodities, defense articles, military education and 
training, or services (including defense services). Such funds shall be 
available for obligation and expenditure for the purposes for which 
authorized, in accordance with authority granted in this chapter or 
under authority governing the activities of the agencies of the United 
States Government to which such funds are allocated or transferred.

(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, defense articles, or military 
education and training from, any agency of the United States Government 
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 facility 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 
Defense 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, or at any other price authorized by law and 
agreed to by the owning or disposing agency. The amount of any such 
reimbursement or payment shall be credited to current applicable 
appropriations, funds, or accounts, from which there may be procured 
replacements of similar commodities, services, or facilities, except 
that where such appropriations, 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 
received 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 subchapter 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 members of 
the Armed Forces of the United States), or other assistance furnished, 
plus expenses arising from or incident to operations under subchapter II 
of this chapter (other than salaries of the Armed Forces of the United 
States and unfunded estimated costs of civilian retirement and other 
benefits). The amount of such reimbursement shall be credited to the 
current applicable 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 commitment may be issued which shall constitute recordable 
obligations of the United States Government, and moneys due or to become 
due under such letters of commitment shall be assignable under the 
Assignment of Claims Act of 1940, as amended (second and third 
paragraphs of 31 U.S.C. 203 \1\ and 41 U.S.C. 15), and (2) from which 
disbursements may be made to, or withdrawals may be made by, recipient 
countries or agencies, organizations, or persons upon presentation of 
contracts, invoices, or other appropriate documentation. Expenditure of 
funds which have been made available through accounts so established 
shall be accounted for on standard documentation required for 
expenditure of funds of the United States Government: Provided, That 
such expenditures for commodities, defense articles, military education 
and training, services (including defense services), or facilities 
procured outside the United States may be accounted for exclusively on 
such certification as may be prescribed in regulations approved by the 
Comptroller General of the United States.
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    \1\ See References in Text note below.
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(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 
section 1782(a) \1\ of this title, shall not be considered in 
determining whether the Bank has outstanding at any one time loans and 
guaranties to the extent of the limitation imposed by section 635e of 
title 12.

(g) Charge of expenses to appropriation or account

    Any appropriation or account available to carry out provisions of 
subchapter I of this chapter 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 accounts initially 
utilized for financing purposes: Provided further, That such final 
charge to applicable appropriations or accounts shall not be required 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 subchapter I of this chapter 
where it is determined that the accounting costs of identifying the 
applicable appropriation or account to which such expenses should be 
charged would be disproportionate to the advantage to be gained.

(Pub. L. 87-195, pt. III, Sec. 632, Sept. 4, 1961, 75 Stat. 453; Pub. L. 
90-137, pt. III, Sec. 302(g), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90-
267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L. 90-629, ch. 4, 
Sec. 45(b)(3), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94-329, title I, 
Sec. 106(b)(4), June 30, 1976, 90 Stat. 733; Pub. L. 100-690, title IV, 
Sec. 4506, Nov. 18, 1988, 102 Stat. 4286; Pub. L. 101-165, title IX, 
Sec. 9104(b)(2), Nov. 21, 1989, 103 Stat. 1152.)

                       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, as amended, 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 Assignment of Claims Act of 1940, as amended, referred to in 
subsec. (e), is act Oct. 9, 1940, ch. 779, 54 Stat. 1029, as amended, 
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 
Title 41, Public Contracts. Section 203 of former Title 31 was repealed 
by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and 
reenacted by the first section thereof as section 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. The second and third pars. 
of section 15 of Title 41 were redesignated subsecs. (b) and (c), 
respectively, of that section by Pub. L. 103-355, title II, Sec. 2451, 
Oct. 13, 1994, 108 Stat. 3324.
    Section 1782(a) of this title, referred to in subsec. (f), was 
repealed by Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961, 75 
Stat. 460.


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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 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.


                               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 Defense 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, Sec. 106(b)(4)(A), inserted 
``military education and training'' after ``articles''.
    Subsec. (b). Pub. L. 94-329, Sec. 106(b)(4)(B), substituted 
``defense articles, or military education and training'' for ``and 
defense articles''.
    Subsec. (e). Pub. L. 94-329, Sec. 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.

                         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.

                         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.


              Accounting Adjustments Between Appropriations

    Charge of expenses to appropriation or account not affected by 
provisions for accounting adjustments between appropriations, see 
section 3 of Pub. L. 89-473, June 29, 1966, 80 Stat. 221, set out as a 
note under section 628a of Title 31, Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in sections 2194, 2321j, 2347c, 2403 of 
this title; title 10 section 2211.
