22 U.S.C. § 7713 — Powers of the Corporation; related provisions
submitted 22 years ago by Pub. L. 108-199 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 676 words · no verdicts yet
This section gives the Corporation powers to operate, contract, acquire property, receive donations, hire personnel, and use federal administrative authorities. It also addresses oversight by an Inspector General and research assistance.
(a) Powers. The Corporation* (1) continues forever unless dissolved by a law enacted after January 23, 2004; (2) may adopt, change, and use a seal, which courts must recognize; (3) may make contracts, grants, and agreements with any person or government anywhere when needed for its functions; (4) may set how its obligations and expenses, including representation expenses, are incurred, allowed, and paid; (5) may lease, buy, acquire, improve, and use needed real property anywhere; (6) may accept money, services, or property donations; (7) may use the mails like executive departments; (8) may contract for personal services, with those contractors not treated as Federal employees for laws administered by the Office of Personnel Management; (9) may hire or obtain passenger vehicles; and (10) has other powers necessary and incidental to this chapter.
(b) Principal office. The Corporation must keep its principal office in the Washington, District of Columbia, metropolitan area.
(c) Foreign-government positions. With the Chief Executive Officer’s approval, Corporation employees, including detailees, may hold unpaid offices or positions with foreign governments, their agencies, or international organizations to implement a Compact*.
(d) Other authorities. Unless inconsistent with this chapter, administrative authorities in the State Department Basic Authorities Act of 1956 and Foreign Assistance Act of 1961 apply to this chapter to the same extent and manner as they apply to those Acts.
(e) Government Corporation Control Act. (1) The Corporation is subject to title 31, subtitle VI, chapter 91, but may not issue obligations or offer them to the public. (2) Omitted.
(f) Inspector General. (1) USAID’s Inspector General serves as the Corporation’s Inspector General and may review, investigate, and inspect all Corporation operations and activities. (2) In these duties, the Inspector General reports to and is generally supervised by the Board*. (3)(A) The Corporation must reimburse USAID for all related Inspector General expenses. (B) Up to $5 million of the amount authorized under section 7718(a) for a fiscal year may be made available to USAID’s Inspector General for these reviews, investigations, and inspections.
(g) Special assistance. (1) The Chief Executive Officer* may contract with United States or candidate-country nongovernmental organizations, including universities and independent foundations, and when appropriate directly with a government agency, for research improving eligibility-criteria data for a country. (2) Up to $5 million of the amount authorized under section 7718(a) for a fiscal year may fund this research.
The Corporation*—
shall have perpetual succession unless dissolved by a law enacted after January 23, 2004;
may adopt, alter, and use a seal, which shall be judicially noticed;
may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation;
may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;
may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Corporation;
may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the provisions of this chapter;
may use the United States mails in the same manner and on the same conditions as the executive departments;
may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;
may hire or obtain passenger motor vehicles; and
shall have such other powers as may be necessary and incident to carrying out this chapter.
The Corporation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.
When approved by the Chief Executive Officer*, for purposes of implementing a Compact*, employees of the Corporation (including individuals detailed to the Corporation) may accept and hold offices or positions to which no compensation is attached with governments or governmental agencies of foreign countries or with international organizations.
Except to the extent inconsistent with the provisions of this chapter, the administrative authorities contained in the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the implementation of this chapter to the same extent and in the same manner as such authorities apply to the implementation of those Acts.
The Corporation shall be subject to chapter 91 of subtitle VI of title 31, except that the Corporation shall not be authorized to issue obligations or offer obligations to the public.
The Inspector General of the United States Agency for International Development shall serve as Inspector General of the Corporation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Corporation.
In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.
The Corporation shall reimburse the United States Agency for International Development for all expenses incurred by the Inspector General in connection with the Inspector General’s responsibilities under this subsection.
Of the amount authorized to be appropriated under section 7718(a) of this title for a fiscal year, up to $5,000,000 is authorized to be made available to the Inspector General of the United States Agency for International Development to conduct reviews, investigations, and inspections of operations and activities of the Corporation.
The Chief Executive Officer is authorized to contract with any nongovernmental organization (including a university, independent foundation, or other organization) in the United States or in a candidate country*, and, where appropriate, directly with a governmental agency of any such country, that is undertaking research aimed at improving data related to eligibility criteria under this chapter with respect to the country.
Of the amount authorized to be appropriated under section 7718(a) of this title for a fiscal year, up to $5,000,000 is authorized to be made available to carry out paragraph (1).
Source credit: (Pub. L. 108–199, div. D, title VI, § 614, Jan. 23, 2004, 118 Stat. 222.)
- 2004Enacted · Pub. L. 108-199 · 118 Stat. 222
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-199 on 2004-01-23.
all 0 arguments · sorted by: best
no arguments yet — make the first case