770 
amounts authorized and appropriated for such purposes 
in any fiscal year. 
(b) ADDITIONAL AMOUNTS.—There are authorized to 
be appropriated to the President such amounts as may 
be necessary for increases in compensation, retirement, 
and other personnel benefits authorized by law, and for 
other nondiscretionary costs of the Office. 
SEC. 11304. ADMINISTRATIVE AUTHORITIES OF THE DE-
PARTMENT OF DEFENSE. 
(a) IN GENERAL.—Funds allocated to the Depart-
ment of Defense for the purpose of providing assistance 
under this Act shall be available for the following: 
(1) Administrative, extraordinary (not to exceed 
$300,000 in any fiscal year), and operating expenses 
incurred in furnishing assistance under this Act ad-
ministered through the Department of Defense, in-
cluding the purchase of passenger motor vehicles for 
replacement only for use outside of the United 
States. 
(2) Reimbursement of actual expenses of mili-
tary officers detailed or assigned as tour directors in 
connection with orientation visits of foreign military 
and related civilian personnel, in accordance with the 
provisions of section 5702 of title 5, United States 
Code, applicable to Federal employees. 
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(3) Maintenance, repair, alteration, and fur-
nishing of United States-owned facilities in the Dis-
trict of Columbia or elsewhere for the training of 
foreign military and related civilian personnel with-
out regard to the provisions of section 6303 of title 
41, United States Code, or other provision of law re-
quiring a specific authorization or specific appropria-
tion for such public contracts. 
(b) MILITARY OFFICER.—The term ‘‘military offi-
cer’’ means a commissioned, warrant, or non-commis-
sioned officer of the United States Armed Forces. 
SEC. 11305. WORKING CAPITAL FUND. 
(a) ESTABLISHMENT.—The Administrator is author-
ized to establish a Working Capital Fund (in this section 
referred to as the ‘‘Fund’’). 
(b) PURPOSE.—Amounts deposited during any fiscal 
year in the Fund shall be available without fiscal year limi-
tation and used, in addition to other funds available for 
such purposes, for administrative costs resulting from 
Agency implementation and procurement reform efforts, 
the administration of this Fund, and administrative con-
tingencies designated by the Administrator. 
(c) DEPOSITS INTO THE FUND.—There may be de-
posited in any fiscal year in the Fund up to 1 percent 
of the total value of obligations entered into by the Agency 
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from appropriations available to the Agency and any ap-
propriation made available for the purpose of providing 
capital. Receipts from the disposal of, or payments for the 
loss or damage to, property held in the Fund, rebates, re-
imbursements, refunds and other credits applicable to the 
operation of the Fund may be deposited into the Fund. 
(d) REFUNDS.—At the close of each fiscal year the 
Administrator shall transfer out of the Fund and into the 
Emergency Humanitarian Response Fund established 
under section 1905 of this Act amounts in excess of 
$100,000,000 and any other amounts that the Adminis-
trator determines to be in excess of the needs of the Fund. 
SEC. 11306. SUSPENSION AND DEBARMENT. 
(a) ELIGIBILITY TO RECEIVE FUNDS.—The Presi-
dent shall issue and enforce regulations determining the 
eligibility of any person to receive funds made available 
under this Act. 
(b) SUSPENSION.—The regulations described in sub-
section (a) shall provide for the suspension of eligibility 
of a person for a temporary period pending the completion 
of an investigation and any resulting judicial or debarment 
proceedings, upon cause for belief that such person or an 
affiliate thereof probably has undertaken conduct which 
constitutes a cause for debarment. 
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(c) DEBARMENT.—A person may be debarred from 
further receipt of funds made available under this Act, and 
from participating in any contract or agreement regarding 
the use of funds made available under this Act, for— 
(1) conviction of or civil judgment for— 
(A) commission of fraud or a criminal of-
fense in connection with obtaining, attempting 
to obtain, or performing a public or private 
agreement or transaction; 
(B) violation of Federal or State antitrust 
statutes, including those proscribing price fixing 
between competitors, allocation of customers be-
tween competitors, and bid rigging; 
(C) commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of 
records, making false statements, tax evasion, 
receiving stolen property, making false claims 
or obstruction of justice; or 
(D) commission of any other offense indi-
cating a lack of business integrity or business 
honesty; 
(2) violation of the terms of a public agreement 
or transaction so serious as to affect the integrity of 
a program under this Act, such as— 
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(A) a willful failure to perform in accord-
ance with the terms of one or more public 
agreements or transactions; 
(B) a history of failure to perform or of 
unsatisfactory performance of one or more pub-
lic agreements or transactions; or 
(C) a willful violation of a statutory or reg-
ulatory provision or requirement applicable to a 
public agreement or transaction; or 
(3) any of the following causes: 
(A) knowingly doing business with an ineli-
gible person; 
(B) failure to pay a single substantial debt, 
or a number of outstanding debts, owed to any 
Federal agency or instrumentality; or 
(C) any other cause of a serious or compel-
ling nature. 
(d) REINSTATEMENT.—Reinstatement of eligibility in 
each particular case shall be subject to such conditions 
as the President shall direct. 
SEC. 11307. FALSE CLAIMS AND INELIGIBLE COMMODITIES. 
(a) IN GENERAL.—Any person who makes or causes 
to be made or presents or causes to be presented to any 
bank or other financial institution or to any officer, agent, 
or employee of any agency of the United States Govern-
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(2) shall forfeit and refund any payment, com-
pensation, loan, commission, or advance received as 
a result thereof; and 
(3) shall, in addition, pay to the United States 
for each such act— 
(A) the sum of $2,000 and double the 
amount of any damage which the United States 
may have sustained by reason thereof; or 
(B) an amount equal to 50 per centum of 
any such payment, compensation, loan, commis-
sion, or advance so received, whichever is the 
greater, together with the costs of suit. 
(b) JUDICIAL PROCEEDING AND WITHHOLDING OF 
FUNDS.— 
(1) IN GENERAL.—In order to secure recovery 
under this section, the President may, as the Presi-
dent deems appropriate— 
(A) institute suit in the United States dis-
trict court for any judicial district in which the 
person alleged to have performed or partici-
pated in an act described by this section may 
reside or may be found; and 
(B) upon posting by registered mail to 
such person a notice of claim describing the 
basis therefor and identifying the funds to be 
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withheld, withhold from funds owed by any 
agency of the United States Government to 
such person an amount equal to the refund, 
damages, liquidated damages, and exemplary 
damages claimed by the United States under 
this section. 
(2) EFFECT
OF
WITHHOLDING.—Any such 
withholding of funds from any person shall con-
stitute a final determination of the rights and liabil-
ities of such person under this section with respect 
to the amount so withheld, unless within one year of 
receiving the notice of claim such person brings suit 
for recovery, which is hereby authorized, against the 
United States in any United States district court. 
(c) PERSON DEFINED.—For purposes of this section, 
the term ‘‘person’’ includes any individual, corporation, 
partnership, association, or other legal entity. 
SEC. 11308. TERMINATION EXPENSES. 
(a) TERMINATION EXPENSES.— 
(1) IN GENERAL.—Funds made available under 
this Act, the former authority of the Foreign Assist-
ance Act of 1961, the former authority of section 23 
of the Arms Export Control Act, or other prede-
cessor provisions of law shall remain available for 
obligation for a period not to exceed 8 months from 
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the date of any termination of assistance under such 
Acts for the necessary expenses of winding up pro-
grams related to such termination and may remain 
available until expended. 
(2) TREATMENT
OF
OBLIGATED
FUNDS.— 
Funds obligated under the authority of such Acts 
prior to the effective date of the termination of as-
sistance may remain available for expenditure for 
the necessary expenses of winding up programs re-
lated to such termination notwithstanding any provi-
sion of law restricting the expenditure of funds. 
(3) COMPLETION OF TRAINING OR STUDIES.— 
In order to ensure the effectiveness of such assist-
ance, such expenses for orderly termination of pro-
grams may include the obligation and expenditure of 
funds to complete the training or studies outside 
their countries of origin of students whose course of 
study or training program began before assistance 
was terminated. 
(b) LIABILITY TO CONTRACTORS.—For the purpose 
of making an equitable settlement of termination claims 
under extraordinary contractual relief standards, the 
President is authorized to adopt as a contract or other 
obligation of the United States Government, and assume 
(in whole or in part) any liabilities arising thereunder, any 
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779 
contract with a United States or third-country contractor 
that had been funded with assistance under the Acts re-
ferred to in subsection (a) prior to the termination of as-
sistance. 
(c) REOBLIGATION
OF AMOUNTS TERMINATED.— 
Amounts obligated for assistance and subsequently termi-
nated by the President, or by any provision of law, shall 
continue to remain available and may be reobligated to 
meet any necessary expenses arising from the termination 
of such assistance. 
(d) GUARANTY PROGRAMS.—No provision of this Act 
or any other Act requiring the termination of assistance 
under this Act or any other Act shall be construed to re-
quire the termination of guarantee commitments that were 
entered into prior to the effective date of the termination 
of assistance. 
(e) RELATION TO OTHER PROVISIONS.—Unless spe-
cifically made inapplicable by another provision of law, the 
provisions of this section shall be applicable to the termi-
nation of assistance pursuant to any provision of law. 
SEC. 11309. PROHIBITION ON CERTAIN FIRST-CLASS TRAV-
EL. 
None of the funds made available under this Act may 
be used for first-class travel by Federal personnel of agen-
cies funded by this Act in contravention of sections 301– 
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780 
10.122 through 301–10.124 of title 41, Code of Federal 
Regulations. 
CHAPTER 2—ASSISTANCE AUTHORITIES 
AND PROGRAM EXPENSES 
SEC. 11401. GENERAL ASSISTANCE AUTHORITIES. 
(a) TERMS OF ASSISTANCE.—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 arti-
cles), as may be determined to be best suited to the 
achievement of the purposes of this Act. 
(b) TERMS AND CONDITIONS.—The President, the 
Secretary, and the Administrator, as the case may be, may 
furnish assistance under this Act on such terms and condi-
tions (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 as-
sistance shall be consistent with the provisions of the Fed-
eral Credit Reform Act of 1990. In the case of contribu-
tions or other assistance provided for an international or-
ganization or arrangement under this or any other Act, 
such organization or arrangement may utilize its own pro-
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curement, administrative, accounting, and audit rules and 
procedures. 
(c) IMPLEMENTATION.—In furtherance of the pur-
poses and subject to the limitations of this Act, the Presi-
dent, 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 agree-
ments and contracts with, or enter into other transactions 
with, any person, corporation, or other body of persons, 
any government or government agency, and any inter-
national organization or arrangement. 
(d) GIFTS.—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. 
(e) INSURANCE.— 
(1) FOREIGN
PARTICIPANTS.—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. 
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782 
(2) FOREIGN PERSONNEL.—Any Federal agen-
cy is authorized to pay the cost of health and acci-
dent 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. 
(f) ADMISSION TO UNITED STATES.—Alien partici-
pants 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 Sec-
retary of State and the Attorney General. 
(g) ASSISTANCE AUTHORITIES.—In furnishing and 
administering assistance under this Act, the President, the 
Secretary, and the Administrator— 
(1) may issue letters of credit and letters of 
commitment; 
(2) may collect, compromise, reschedule or oth-
erwise 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 appro-
priate) refer any such obligations or rights to the 
Attorney General for suit or collection; 
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783 
(3) may— 
(A) acquire and dispose of (upon such 
terms and conditions as he or she deems appro-
priate) any property, including any instrument 
evidencing indebtedness or ownership; and 
(B) guarantee payment against any such 
instrument; 
(4) may establish the character of, and decide 
the necessity for, obligations and expenditures of 
funds used in furnishing and administering such as-
sistance and the manner in which such obligations 
and expenditures shall be incurred, allowed, and 
paid, subject to provisions of law specifically applica-
ble to corporations of the United States Govern-
ment; and 
(5) shall cause to be maintained an integral set 
of accounts which shall be audited by the Govern-
ment Accountability Office in accordance with prin-
ciples and procedures applicable to commercial cor-
porate transactions as provided by chapter 91 of 
title 31, United States Code. 
(h) GUARANTEES.—Guarantees issued to carry out 
the purposes of this Act shall be subject to the following: 
(1) FULL FAITH AND CREDIT.—The full faith 
and credit of the United States may be pledged for 
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the full payment and performance of guarantees 
issued under this Act or predecessor Acts. 
(2) CHARGES.—The President may charge ap-
propriate fees or interest in connection with the ac-
tivities carried out under such authority. 
(3) RELATIONSHIP TO OTHER PROVISIONS OF 
LAW.—Guarantees may be provided under this Act 
without regard to commodity restrictions. 
(4) DENOMINATION OF LIABILITY.—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. 
(i) LOAN GUARANTEES TO ISRAEL PROGRAM.—Not-
withstanding section 12201(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. 
(j) SUBSIDY COST OF GUARANTEES AND LOANS.— 
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 adminis-
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785 
trative 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 con-
formity with section 504(b)(1) of the Federal Credit Re-
form Act of 1990. 
(k) CLAIMS RELATING
TO GUARANTEES.—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 settle-
ment, or as a result of an arbitration award, shall be final 
and conclusive notwithstanding any other provision of law. 
(l) FINANCIAL TRANSACTIONS WITH FOREIGN GOV-
ERNMENTS
IN
DEFAULT
OF
OBLIGATIONS
TO
THE 
UNITED STATES.—Section 955 of title 18, United States 
Code, shall not apply to any person— 
(1) who acts for or participates in any oper-
ation or transaction arising under this Act; or 
(2) who acquires any obligation issued in con-
nection with any operation or transaction arising 
under this Act. 
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786 
(m) EDUCATIONAL INSTITUTIONS.—Any cost-type 
contract or agreement (including grants) entered into with 
an institution of higher education for the purpose of car-
rying 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. 
(n) PER DIEM.—Funds made available under this 
Act may be used for payment of per diem in lieu of sub-
sistence 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 Gov-
ernment travel regulations, notwithstanding any other 
provision of law. 
(o) MULTIYEAR COMMITMENTS.—Except as other-
wise 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. 
(p) PROGRAM AND MANAGEMENT OVERSIGHT.—The 
Administrator may use funds made available under title 
I to provide program and management oversight for activi-
ties that are funded under that title and that are con-
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ducted in countries in which the Agency does not have 
a field mission or office. 
SEC. 11402. AUTHORITY TO CONDUCT REIMBURSABLE PRO-
GRAMS. 
(a) GENERAL AUTHORITY.—Whenever the President 
considers it consistent with and within the limitations of 
this Act, any Federal agency is authorized to furnish serv-
ices and articles on an advance-of-funds or reimbursement 
basis to partner countries, international organizations and 
arrangements, and nongovernmental organizations. 
(b) PERSONAL SERVICE CONTRACTS.— 
(1) IN GENERAL.—When any Federal agency 
provides services on an advance-of-funds or reim-
bursable basis under this section, such agency may 
contract with individuals for personal service abroad 
or in the United States— 
(A) to perform such services; or 
(B) to replace, in a manner otherwise per-
mitted by law, Federal employees who are as-
signed by the agency to provide such services. 
(2) RULE
OF
CONSTRUCTION.—Such individ-
uals shall not be regarded as Federal employees for 
the purpose of any law administered by the Office 
of Personnel Management. 
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(c) USE OF PAYMENTS.—Advances and reimburse-
ments received under this section shall 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 author-
ized to be used. 
SEC. 11403. RETENTION OF INTEREST. 
(a) GENERAL AUTHORITY.—The Administrator may, 
for the purpose of carrying out the provisions of title I, 
enter into agreements with international organizations 
and with local entities that provide for the retention by 
such organizations and entities, without deposit in the 
Treasury of the United States and without further appro-
priation by Congress, of interest earned on the advance 
of funds. 
(b) USE OF INTEREST.—Any interest earned on the 
advance of funds made available under subsection (a) shall 
be used only for the purposes for which the agreement 
is made. 
(c) AUDITS.—The Administrator shall audit, on a 
regular and recurring basis, interest earned on advance 
funds to ensure that the requirements of subsection (a) 
are strictly observed. 
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789 
(d) LIMITATION.—The authorities of this section may 
be used only for agreements with a value of $5,000,000 
or less. 
(e) TRANSPARENCY.—The Administrator shall make 
publicly available on the Internet website of the Agency 
information about each agreement made under the author-
ity of this section, including the name of the organization 
or entity and the amount and the purpose of the agree-
ment. 
SEC. 11404. MARKING AND BRANDING OF ECONOMIC AND 
HUMANITARIAN ASSISTANCE. 
(a) REQUIREMENT.—Economic assistance and hu-
manitarian assistance implemented with funds made avail-
able to any agency to carry out the purposes of this or 
any other Act, and to any contractor or grantee thereof, 
shall be identified as being ‘‘From the American People’’ 
and only as follows: 
(1) The site or article, as appropriate, shall not 
include any reference to a particular Federal agency 
or division thereof. 
(2) The identification of the assistance shall in-
clude only a representation of the American flag, 
and shall not include any logo of a particular Fed-
eral agency or division thereof. 
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790 
(b) RELATIONSHIP TO OTHER PROVISIONS OF LAW 
AND REGULATIONS.—The provisions of this section shall 
be applicable notwithstanding any other provision of this 
or any other Act, and notwithstanding any Federal regula-
tion, agency guidance, or procedure to the contrary. 
(c) APPLICABILITY.—The provisions of this section 
shall be applicable to all— 
(1) articles; and 
(2) program, project and activity sites. 
(d) ONGOING PROGRAMS.—To the extent it is feasible 
and cost effective to do so, the marking and branding of 
articles and sites financed pursuant to ongoing agree-
ments, including grants, contracts, and cooperative agree-
ments, shall be conformed to meet the requirements of this 
section. 
(e) EXCEPTIONS.—The requirements of subsection 
(a) shall not apply— 
(1) if the Chief of Mission or the relevant As-
sistant Secretary of State determines that the mark-
ing of a particular program, project, or activity 
would— 
(A) jeopardize the health, safety or human 
rights of a private partner or intended bene-
ficiary; or 
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833 
agencies of State governments, institutions of higher edu-
cation, and private and voluntary organizations for the full 
cost of individuals (including for the personal services of 
such individuals) detailed or assigned to, or contracted by, 
as the case may be, the United States Agency for Inter-
national Development for the purpose of carrying out this 
Act. 
SEC. 11706. PERSONAL SERVICES CONTRACTORS FOR 
USAID. 
(a) EMPLOYMENT OUTSIDE THE UNITED STATES.— 
The Administrator is authorized to employ personal serv-
ices contractors outside the United States to carry out the 
purposes of this Act. 
(b) EMPLOYMENT IN THE UNITED STATES.—The 
Administrator is authorized to employ up to 40 personal 
services contractors in the United States, notwithstanding 
any other provision of law, for the purpose of providing 
direct, interim support for new or expanded overseas pro-
grams and activities managed by the United States Agen-
cy for International Development until permanent direct 
hire personnel are hired and trained. 
(c) CONSIDERED AS OPERATING EXPENSES.—The 
salaries and expenses of individuals hired under the au-
thority of subsection (b) shall be considered as operating 
expenses of the United States Agency for International 
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H6644
tjames on DSK6SPTVN1PROD with