For the purposes of this report, foreign assistance is any tangible or intangible item provided by the U.S. government to a foreign country or international organization, including but not limited to any training, service, or technical advice; any item of real, personal, or mixed property; any agricultural commodity, U.S. dollars, and any currencies of any foreign country that are owned by the U.S. government. Foreign assistance has grown in complexity in recent years as the United States, through the efforts of a wide spectrum of U.S. agencies, has used foreign aid to address transforming events such as the end of the Cold War; the terrorist attacks of September 11, 2001; and the HIV/AIDS pandemic. This report focuses on bilateral foreign assistance that includes development foreign assistance programs to promote sustainable economic progress and stability; economic foreign assistance in support of U.S. political and security goals; and humanitarian foreign assistance, which primarily addresses immediate humanitarian emergencies. Provisions in the Foreign Assistance Act of 1961, as amended (FAA), and Public Law 480 (P. L. 480), are the statutory basis for existing regulations and policies for marking and publicizing most U.S. foreign assistance. Specifically, Section 641 of the FAA provides that “programs under this Act shall be identified appropriately overseas as ‘American Aid.’ “ Section 202 of P.L. 480 requires that, to the extent practicable, commodities provided under that act be clearly identified with appropriate markings in the local language as being furnished by “the people of the United States.” In addition, section 403(f) of P.L. 480 requires that foreign countries and private entities receiving P.L. 480 commodities will widely publicize “to the extent practicable” in the media that the commodities are provided “through the friendship of the American people as food for peace.” However, a major foreign assistance agency, the Millennium Challenge Corporation, which is authorized and funded under legislation other than the FAA or P.L. 480, is not subject to explicit statutory marking or publicity requirements. The 2004 Intelligence Reform Act, in establishing broad public diplomacy responsibilities for the Department of State, assigned State a coordination role regarding marking and publicizing U.S. foreign assistance and called for closer cooperation between State and USAID in these efforts. Appendix IV provides more detailed information on the statutory provisions and agencies’ policies, regulations, and guidelines for marking and publicizing U.S. foreign assistance. To better coordinate U.S. foreign assistance activities, the Secretary of State appointed a DFA in January 2006, who is charged with directing the transformation of the U.S. government approach to foreign assistance. The DFA serves concurrently as USAID Administrator, ensuring that foreign assistance is used as effectively as possible to meet broad foreign policy objectives. The DFA: Has authority over all USAID and most State foreign assistance funding and programs, with continued participation in program planning, implementation, and oversight conducted by the various bureaus and offices within State and USAID, as part of the integrated interagency planning, coordination, and implementation mechanisms; Develops a coordinated U.S. government foreign assistance strategy, including multiyear country specific assistance strategies and annual country-specific assistance operational plans; Creates and directs consolidated policy, planning, budget, and implementation mechanisms and staff functions required to provide overarching leadership to foreign assistance; and Provides guidance to foreign assistance delivered through other agencies and entities of the U.S. government, including the MCC and the Office of the U.S. Global AIDS Coordinator. Most of the agencies we reviewed involved in foreign assistance activities have established some marking policies, regulations, and guidelines. USAID has established the most detailed policies, regulations, and guidelines for marking and publicizing its assistance. State has also established marking and publicity policies for two presidential initiatives, MEPI and PEPFAR. However, USDA, DOD, HHS, Treasury, and MCC efforts in this area have been more limited. Since Justice does not have independent authority to conduct foreign assistance but implements politically sensitive programs for State and USAID, it has not established departmentwide marking or publicity policies, but allows its component agencies to determine when it is appropriate to mark and publicize their activities. Appendix IV provides the statutory provisions and agencies’ policies, regulations, and guidelines for marking or publicizing U.S. foreign assistance. To ensure that U.S. taxpayers receive full credit for the foreign assistance they provide, USAID in 2004 undertook a campaign to clearly communicate that USAID foreign assistance is from the American people. This campaign included publication of a Graphic Standards Manual containing new marking guidelines and the development of a new Graphic Identity. In January 2006, USAID revised its foreign assistance awards regulations to include new marking requirements for USAID staff and all nongovernmental organizations (NGO) receiving funding under grants and cooperative agreements. The regulations require that all programs, projects, activities, public communications, and commodities partially or fully funded by a USAID grant or cooperative agreement be marked appropriately overseas with the Graphic Standards Manual’s Graphic Identity of a size and prominence equal to or greater than the recipient’s or other donors’ logos or identities. The regulations provide for presumptive exceptions and waivers to the marking requirements. USAID’s final guidance for contractors, ADS 320, issued January 8, 2007, includes more comprehensive information on the process for preparing and approving marking plans and branding strategies in contracts and also eliminates the use of the USAID brand on NGO’s and contractors’ business cards. Also, USAID’s Food for Peace program regulations prescribe the terms and conditions governing activities under Title II of P.L. 480, including provisions for implementing the marking requirements of section 202 of that law. The regulations require that, to the maximum extent practical, public recognition be given in the media that Title II-funded commodities or foreign assistance have been “provided through the friendship of the American people as food for peace”; cooperating sponsors, to the extent feasible, display banners, posters, and similar items at project sites containing similar identifying information; and, unless otherwise specified, bags or other containers of commodities packaged for shipment be similarly marked. The regulations also require that containers of donated commodities packaged or repackaged by cooperating sponsors prior to distribution be plainly labeled with the USAID emblem, and, where practicable, with the legend, “Provided through the friendship of the American people as food for peace.” In addition, USAID has established regulations prescribing rules and procedures for the marking of shipping containers and commodities under commodity transactions financed by USAID. These regulations require that suppliers of such commodities be responsible for ensuring that all export packaging and the commodities carry the official USAID emblem, except where USAID prescribes otherwise in the case of commodities. The regulations also prescribe the manner in which the export shipping containers, cartons, or boxes are to be marked; how the USAID emblem is to be affixed to the containers; the size, design, and color of the emblem; exceptions to the requirement to affix the emblem; and waivers to the marking requirement where it is found to be impracticable. To publicize its foreign assistance, in 2004, USAID established communications guidelines and a network of over 100 communications specialists located at USAID missions around the world to promote the agency’s foreign assistance abroad. The guidelines for communications specialists delineate their role, which is to be a comprehensive resource for information regarding USAID’s work and its impact on the citizens of the host country, and provide guidance on the activities the communication specialists may undertake to fulfill this role. These outreach functions include responding to inquiries about USAID programs, collaborating with the embassy public affairs office on strategies, speech writing for the USAID mission director and others, preparing press releases, and coordinating Web site updates. According to State officials, State’s policy provides that department program managers and country ambassadors use their discretion to determine when it is appropriate to mark and publicize U.S. foreign assistance. As a result, some programs mark and publicize activities while others do not. For example, State has established guidelines for project implementers to acknowledge State’s support for two presidential initiatives that State manages: MEPI and PEPFAR. The MEPI guidelines require NGOs that implement MEPI programs to include, in all public programs and publications, standard language acknowledging the support of MEPI and State. For PEPFAR, the Office of the U.S. Global AIDS Coordinator has instructed its implementing agencies to place the PEPFAR logo on all materials procured as part of the PEPFAR initiative. However, more sensitive Department of State activities are generally not marked or publicized. For example, according to State officials, in Peru, it is embassy policy to decide on a case-by-case basis, in close consultation with the host government, the appropriate type and extent of publicity to give counter-narcotics foreign assistance activities done in partnership with the host government. In addition, State officials noted that other assistance programs, such as those focusing on counter-terrorism and weapons proliferation, are not generally marked, but these efforts may be publicized. Agencies’ efforts in establishing requirements or guidance for marking and publicizing their foreign assistance include the following: USDA has issued regulations for its Foreign Agricultural Service that establish labeling requirements for commodities donated under its program for international food for education and child nutrition. The regulations require containers of commodities packaged or repackaged by a cooperating sponsor to indicate that the commodities are furnished by the people of the United States of America; if the commodities are not packaged, the cooperating sponsor must display such items as banners or posters with similar information. The Foreign Agricultural Service also has included standard language in all its food aid agreements with its implementing partners requiring them to highlight their programs in local media in the recipient country, identify USDA as the funding source in the media and to program participants, and to recognize USDA in all USDA- funded printed material.