Sec. 10401. General assistance authorities
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Except as otherwise specifically prohibited in this Act, assistance under this Act may be furnished on a grant, loan, or guaranty 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 articles), as may be determined to be best suited to the achievement of the purposes of this Act. The President, the Secretary, and the Administrator, as the case may be, may furnish assistance under this Act on such terms and conditions (consistent with other provisions of law) as he or she deems appropriate, and, consistent with the provisions of this Act, may charge such fees for guarantees and loans under this Act as he or she deems appropriate.
Credit assistance shall be consistent with the provisions of the Federal Credit Reform Act of 1990. In the case of contributions or other assistance provided for an international organization or arrangement under this or any other Act, such organization or arrangement may utilize its own procurement, administrative, accounting, and audit rules and procedures. In furtherance of the purposes and subject to the limitations of this Act, the President, the Secretary, and the Administrator, in providing assistance under this Act, may make loans (in conformity with the provisions of the Federal Credit Reform Act of 1990), advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any person, corporation, or other body of persons, any government or government agency, and any international organization or arrangement.
The President, the Secretary, and the Administrator may accept and use in furtherance of the purposes of this Act, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose. Any Federal agency is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program.
Any Federal agency is authorized to pay the cost of health and accident insurance for foreign personnel of that agency while such personnel are absent from their places of employment abroad for purposes of training or other official duties. Alien participants in any program of furnishing assistance under this Act may be admitted to the United States if otherwise qualified as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ), for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General.
In furnishing and administering assistance under this Act, the President, the Secretary, and the Administrator— may issue letters of credit and letters of commitment; may collect, compromise, reschedule or otherwise settle any obligations assigned to, or held by, and any legal or equitable rights accruing to, the United States and may (as he or she deems appropriate) 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 or she deems appropriate) any property, including any instrument evidencing indebtedness or ownership; and guarantee payment against any such instrument; may establish the character of, and decide the necessity for, obligations and expenditures of funds used in furnishing and administering such assistance and the manner in which such obligations and expenditures 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, United States Code.
Guarantees issued to carry out the purposes of this Act shall be subject to the following: The full faith and credit of the United States may be pledged for the full payment and performance of guarantees issued under this Act or predecessor Acts. The President may charge appropriate fees or interest in connection with the activities carried out under such authority. Guarantees may be provided under this Act without regard to commodity restrictions. The losses guaranteed may be in dollars or in other currencies.
In the case of losses guaranteed in currencies other than dollars, the guarantees issued shall be subject to an overall payment limitation expressed in dollars. Notwithstanding section 11201(1), section 226 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2186 ; relating to Loan Guarantees to Israel Program), shall not be repealed and shall remain in effect as on the day before the date of the enactment of this Act. The President, the Secretary, and the Administrator, as the case may be, may use funds made available under this Act to pay the cost (as defined in section 13201 of the Budget Enforcement Act of 1990) of direct loans and loan guarantees made or entered into (and associated administrative costs) in furtherance of the purposes of this Act.
Funds appropriated to pay the cost (as defined in section 13201 of the Budget Enforcement Act of 1990) of direct loans and loan guarantees made or entered into to carry out the provisions of this Act shall be provided in conformity with section 504(b)(1) of the Federal Credit Reform Act of 1990. Claims arising as a result of any guarantee program authorized by this Act may be settled, and disputes arising as the 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. Section 955 of title 18, United States Code, shall not apply to any person— who acts for or participates in any operation or transaction arising under this Act; or who acquires any obligation issued in connection with any operation or transaction arising under this Act. Any cost-type contract or agreement (including grants) entered into with an institution of higher education for the purpose of carrying out programs authorized by this Act may provide for the payment of the reimbursable indirect costs of that institution on the basis of predetermined fixed-percentage rates applied to the total or an element thereof, of the reimbursable direct costs incurred.
Funds made available under this Act may be used for payment of per diem in lieu of subsistence to foreign participants engaged in any program under this Act while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations, notwithstanding any other provision of law. Except as otherwise provided in this Act, a contract or agreement which entails commitments for the expenditure of funds under this Act may, subject to any future action of the Congress, extend at any time for not more than 5 years.
The Administrator may use funds made available under title I to provide program and management oversight for activities that are funded under that title and that are conducted in countries in which the Agency does not have a field mission or office.
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