791 
(B) be detrimental to the achievement of 
overall United States foreign policy objectives in 
such country; 
(2) if the Secretary determines that the mark-
ing of economic assistance or humanitarian assist-
ance in such country would be detrimental to the 
achievement of overall United States foreign policy 
objectives in such country; or 
(3) to office space occupied by the imple-
menting partner, or to housing, personal vehicles or 
other personal property of employees thereof. 
(f) EXEMPTION FROM DETERMINATION.—A deter-
mination under subsection (e)(2) shall not preclude the 
Secretary from requiring that specific articles or sites fi-
nanced by the United States Government in such country 
be subject to the requirements of subsection (a). 
(g) CO-BRANDING.—The requirements of subsection 
(a) shall not prohibit the identification of economic assist-
ance or humanitarian assistance provided through a pri-
vate partner with such partner’s own organizational brand 
or logo, subject to any standards or regulations that the 
President may establish. 
SEC. 11405. REDUCTIONS IN DESIGNATED FUNDS. 
(a) DESIGNATED FUNDS DEFINED.—For the pur-
poses of this section, the term ‘‘designated funds’’ means 
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amounts within an account that are authorized or appro-
priated to be available only for a particular country, orga-
nization, or purpose during a specified fiscal period. 
(b) PROPORTIONAL REDUCTIONS.—If the amount 
appropriated for a fiscal period to carry out any provision 
of this Act (including rescissions and reductions required 
by law) is less than the amount authorized to be appro-
priated to carry out such provision, then the President is 
authorized to make a proportionate reduction in des-
ignated funds, notwithstanding the provision of law mak-
ing such designation. 
(c) REPROGRAMMINGS.—Notwithstanding a provision 
of law providing for designated funds, the President may 
reprogram such designated funds to other programs with-
in the same account under the same terms and conditions 
as originally provided, if— 
(1) compliance with such provision of law is 
made impossible by operation of law; or 
(2) the President determines that a significant 
change in circumstances relating to the particular 
country, organization, or purpose makes it unlikely 
that the designated funds can be obligated during 
the original period of availability. 
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793 
(d) CONGRESSIONAL NOTIFICATION.—A reprogram-
ming pursuant to subsection (c) shall be subject to the 
regular notification procedures under section 9401. 
SEC. 11406. REQUIREMENT FOR AUTHORIZATION OF AP-
PROPRIATIONS. 
(a) REQUIREMENT
FOR AUTHORIZATION.—Funds 
appropriated to carry out this Act shall not be available 
for obligation or expenditure— 
(1) unless the appropriation thereof has been 
specifically authorized by law; or 
(2) in excess of the amount authorized by law. 
(b) SUBSEQUENT AUTHORIZATIONS.—To the extent 
that legislation enacted after the making of an appropria-
tion for foreign assistance authorizes the obligation or ex-
penditure thereof, the limitation contained in subsection 
(a) shall not apply. 
(c) RELATION TO OTHER PROVISIONS.—The provi-
sions of this section shall not be superseded except by a 
provision of law that specifically repeals or modifies the 
provisions of this section. 
SEC. 11407. UNEXPENDED BALANCES. 
Unexpended balances of funds made available pursu-
ant to the Foreign Assistance Act of 1961 (as in effect 
on the day before the date of the enactment of this Act) 
are authorized to remain available for the general pur-
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794 
poses for which appropriated and may be consolidated 
with appropriations made available for the same general 
purposes under the authority of this Act. 
SEC. 11408. AUTHORITY FOR EXTENDED PERIOD OF AVAIL-
ABILITY OF APPROPRIATIONS. 
Unless otherwise specified, amounts appropriated to 
carry out this Act are authorized to remain available until 
expended. 
SEC. 11409. SUPPORT FOR REGIONAL, INTERNATIONAL AND 
NONGOVERNMENTAL ORGANIZATIONS. 
In carrying out the goals and objectives of this Act, 
the Administrator is authorized to support programs, 
projects, and activities of, and to provide technical assist-
ance to, regional, international, and nongovernmental or-
ganizations. 
SEC. 11410. PROTECTION OF PATENTS AND TECHNICAL IN-
FORMATION. 
(a) INVENTIONS AND DISCOVERIES.—Whenever, in 
connection with the furnishing of assistance under this 
Act— 
(1) an invention or discovery covered by a pat-
ent issued by the United States Government is prac-
ticed within the United States without the author-
ization of the owner, or 
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(2) information, which is (A) protected by law, 
and (B) held by the United States Government sub-
ject to restrictions imposed by the owner, is dis-
closed by the United States Government or any of 
its officers, employees, or agents in violation of such 
restrictions, 
the exclusive remedy of the owner, except as provided in 
subsection (b), is to sue the United States Government 
for reasonable and entire compensation for such practice 
or disclosure in the district court of the United States for 
the district in which such owner is a resident, or in the 
United States Court of Federal Claims within six years 
after the cause of action arises. Any period during which 
the United States Government is in possession of a written 
claim under subsection (b) before mailing a notice of de-
nial of that claim does not count in computing the six 
years. In any such suit, the United States Government 
may plead any defense that may be pleaded by a private 
person in such an action. The last paragraph of section 
1498(a) of title 28 of the United States Code shall apply 
to inventions and information covered by this section. 
(b) REMEDY.—Before suit against the United States 
Government has been instituted, the head of the agency 
of the United States Government concerned may settle 
and pay any claim arising under the circumstances de-
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scribed in subsection (a). No claim may be paid under this 
subsection unless the amount tendered is accepted by the 
claimant in full satisfaction. 
(c) PHARMACEUTICAL PRODUCTS.—No assistance 
under this Act may be made available for the acquisition 
of any drug product or pharmaceutical product manufac-
tured outside the United States, if the manufacture of 
such drug product or pharmaceutical product in the 
United States would involve the use of, or be covered by, 
an unexpired patent of the United States which has not 
previously been held invalid by an unappealed or 
unappealable judgment or decree of a court of competent 
jurisdiction, unless— 
(1) such manufacture is expressly authorized by 
the owner of such patent; or 
(2) the President determines, on a case-by-case 
basis, that the application of this subsection would 
significantly reduce the ability of the United States 
to save lives and alleviate human suffering in a de-
veloping country. 
SEC. 11411. PRIVATE AND VOLUNTARY ORGANIZATIONS 
AND COOPERATIVES. 
Prohibitions on assistance to countries contained in 
this or any other Act shall not be construed to prohibit 
assistance by the Agency in support of programs of private 
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and voluntary organizations and cooperatives already 
being supported prior to the date such prohibition becomes 
applicable, if the President determines, and reports to the 
appropriate congressional committees within 15 days of 
making such determination, that continuation of support 
for such programs is in the national interest of the United 
States, along with the reasons for such continuation. 
CHAPTER 
3—PROCUREMENT, 
DISPOSI-
TION, TRANSPORTATION AND VALU-
ATION OF ARTICLES 
SEC. 
11501. 
PROCUREMENT 
STANDARDS 
AND 
PROCE-
DURES. 
(a) LIMITATIONS ON PROCUREMENT OUTSIDE THE 
UNITED STATES.—Funds made available for assistance 
under this Act may be used by the President for procure-
ment— 
(1) only in the United States, the recipient 
country, or developing countries; or 
(2) in any other country but only if— 
(A) the provision of such assistance re-
quires articles or services of a type that are not 
produced in and available for purchase in any 
country specified in paragraph (1); or 
(B) the President determines that procure-
ment in such other country is necessary— 
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798 
(i) to meet unforeseen circumstances, 
such as emergency situations, where it is 
important to permit procurement in a 
country not specified in paragraph (1); or 
(ii) to promote efficiency in the use of 
United States foreign assistance resources, 
including to avoid impairment of foreign 
assistance objectives. 
(b) BULK COMMODITIES.—No funds made available 
under this Act shall be used for the purchase in bulk of 
any commodities at prices higher than the market price 
prevailing in the United States at the time of purchase, 
adjusted for differences in the cost of transportation to 
destination, quality, and terms of payment, except to meet 
unforeseen circumstances, such as emergency situations. 
(c) SURPLUS COMMODITIES.—None of the funds 
made available under this Act shall be used to establish 
or expand production of any commodity or extraction of 
any mineral for export by a foreign country if— 
(1) the commodity or mineral is likely to be in 
surplus on world markets at the time the resulting 
productive or extractive capacity is expected to be-
come operative; and 
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799 
(2) the assistance will cause substantial injury 
to United States producers of the same, similar, or 
competing commodity or mineral. 
(d) EXCEPTIONS.—The prohibition contained in sub-
section (c) shall not apply— 
(1) if the President determines that— 
(A) the benefits to industry and employ-
ment in the United States are likely to out-
weigh the injury to United States producers of 
the same, similar, or competing commodity or 
mineral; or 
(B) the foreign country is a low-income 
country for which production of the commodity 
or extraction of the mineral would contribute 
substantially to the reduction of poverty; 
(2) to activities in a low-income country that 
does not export on a consistent basis the commodity 
or mineral with respect to which assistance is pro-
vided; or 
(3) to activities in a country which the Presi-
dent determines is recovering from widespread con-
flict, a humanitarian crisis, or a complex emergency. 
(e) NOTIFICATION.—The President shall notify the 
appropriate congressional committees of a determination 
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800 
under this section, in accordance with the procedures set 
forth in section 9401. 
(f) LOW-INCOME COUNTRY DEFINED.—In this sec-
tion, the term ‘‘low-income country’’ means a country that 
is eligible for assistance from the International Develop-
ment Association but is not eligible for assistance from 
the International Bank for Reconstruction and Develop-
ment. 
SEC. 11502. LOCAL PROCUREMENT. 
(a) LIMITED COMPETITION.—The Administrator is 
authorized, using funds made available under title I, to 
award contracts and other instruments in which competi-
tion is limited to local entities. 
(b) AMOUNT OF AWARDS.—The authority provided in 
subsection (a) may not be used to make awards in excess 
of $5,000,000. 
(c) PROCUREMENTS.—The requirements of section 
11501 and similar provisions of law relating to the pro-
curement of goods and services shall not apply to procure-
ments made under agreements entered into under the au-
thority of this section. 
SEC. 11503. UNITED STATES COMPETITIVENESS. 
In order to ensure maximum competition for con-
tracts receiving funding under this Act, the President shall 
establish procedures to ensure that— 
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pay on the same terms as a criminal inves-
tigator under section 5545a.’’. 
CHAPTER 2—DETAILS, FELLOWSHIPS, 
AND EXCHANGES 
SEC. 11801. DETAILS TO FOREIGN GOVERNMENTS AND 
INTERNATIONAL ORGANIZATIONS. 
(a) DETAILS TO FOREIGN GOVERNMENTS.—When 
consistent with and in furtherance of the purposes of this 
Act, the head of any Federal agency is authorized to detail 
any Federal employee of that agency to any office or posi-
tion with any foreign government or foreign government 
agency, where acceptance of such office or position does 
not involve the taking of an oath of allegiance to another 
government or acceptance of compensation or other bene-
fits from any foreign country by such employee. 
(b) DETAILS TO INTERNATIONAL ORGANIZATIONS.— 
When consistent with and in furtherance of the purposes 
of this Act, the head of any Federal agency is authorized 
to detail to any international organization or arrangement, 
any Federal employee of that agency to serve with, or as 
a member of, the international staff of such organization, 
or to render any technical, scientific, or professional advice 
or service to, or in cooperation with, such organization. 
(c) STATUS OF FEDERAL EMPLOYEES DETAILED.— 
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