Sections 607 and 627-630 Determination, U.S. Dept. of Defense, U.S. Army Corps of Engineers

Department of Defense's U.S. Army Corps of Engineers (USACE) frequently receives requests from foreign governments and international organizations for services related to various areas, including water resources management, dam safety, environmental assessment, and infrastructure development. These services may include technical assistance and training, planning, engineering, construction, contract management, and research and development. The USACE believes that providing such services furthers U.S. foreign policy objectives, contributes to the development of the receiving countries, and opens opportunities for U.S. business. The USACE is seeking a renewal of its determination under Sections 607 and 627-630 of the Foreign Assistance Act of 1961, as amended, to permit the Corps to provide certain services in the area of water, environment, and infrastructure to foreign governments and international organizations during calendar years 2009 and 2010. The USACE is required to obtain approval from the Director of the U.S. Agency for International Development (USAID) before carrying out any specific activity pursuant to this determination that involves an ongoing or potential international emergency or disaster. To ensure that activities under this Section 607 approval are consistent with and in furtherance of the purposes of Part I of the Foreign Assistance Act, the USACE is required to ensure environmental soundness by adapting the purpose and intent of its own National Environmental Policy Act impact assessment procedures to its Section 607 authorized activities. The USACE is also required to inform the USAID Director within 30 days of providing any goods or services that involve international disasters, emergencies, or humanitarian assistance. The USACE is authorized to assign, detail, or otherwise make available its employees to a foreign government or international organization under Sections 627-630 of the FAA. A determination that the detail or assignment is consistent with and in furtherance of the purposes of the FAA is required, i.e., that it contributes to the economic development or security of the recipient country. Agencies can use the authorities of Section 627-630 in conjunction with Section 607 to determine the most appropriate cost-sharing arrangement. The Administrator of USAID has delegated to the Chief Operating Officer the authority to make Section 607, 627, and 628 determinations for the activities of other agencies. The USAID Office of General Counsel's Legislation and Policy division is responsible for providing guidance on the use of Sections 607 and 627-630 of the FAA. Agencies must consult with the USAID Office of General Counsel's Legislation and Policy division if they intend to forego reimbursement of a substantial portion of the costs of a particular activity.