living quarters to house personnel, and payments therefor in advance; maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government outside the United States; and costs of fuel, water, and utilities for such properties;

(11) expenses of preparing and transporting to their former homes, or, with respect to foreign participants engaged in any program under part I, to their former homes or places of burial, and of care and disposition of, the remains of persons or members of the families of persons who may die while such persons are away from their homes participating in activities carried out with funds covered by this subsection;

(12) purchase of uniforms;

(13) payment of per diem in lieu of subsistence to foreign participants engaged in any program under part I 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 Government travel regulations, notwithstanding any other provision of law;

(14) use in accordance with authorities of the Foreign Service Act of 1980 1107 (22 U.S.C. 3901 et seq.) not otherwise provided for;

(15) ice and drinking water for use outside the United States;

(16) services of commissioned officers of the Environmental Science Services Administration and for the purposes of providing such services to the Environmental Science Services Administration 1108 may appoint not to exceed twenty commissioned officers in addition to those otherwise authorized;

(17)1109 * * * [Repealed-2002]

(b) Funds made available for the purposes of this Act may be used for compensation, allowances, and travel of personnel including Foreign Service personnel whose services are utilized primarily for the purposes of this Act, for printing and binding without regard to the provisions of any other law, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obligation and expenditure of funds of the United States Government as may be necessary to accomplish the purposes of this Act.

1107 Sec. 1211(b)(1) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted reference to the 1980 Act, updating a reference to the 1946 Act.

1108 Sec. 302(k) of the FA Act of 1967 (Public Law 90-137) struck out "Coast and Geodetic Survey" and inserted in lieu thereof "Environmental Science Service Administration".

1109 Sec. 271(7) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (title II of Public Law 107-372; 116 Stat. 3094) repealed para. (17), which had provided as follows:

"(17) expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stopovers while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more economical to authorize storage.".

(c) 1110 Notwithstanding any other law, not to exceed $6,000,000 1111 of the funds available for assistance under this Act 1112 may be used in any fiscal year (in addition to funds available for such use under other authorities in this Act) to construct or otherwise acquire outside the United States (1) essential living quarters, office space, and necessary supporting facilities for use of personnel carrying out activities authorized by this Act, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel carrying out activities authorized by this Act, United States Government personnel, and their dependents. In addition, funds made available for assistance under this Act 1112 may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.

(d) Not to exceed $2,500,000 1113 of funds available for assistance under this Act 1112 may be used in any fiscal year to provide assistance, on such terms and conditions as are deemed appropriate, to schools established, or to be established, outside the United States whenever it is determined that such action would be more economical or would best serve the interests of the United States in providing for the education of dependents of personnel carrying out activities authorized by this Act and dependents of United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.

(e) Funds available under this Act 1112 may be used to pay costs of training United States citizen personnel employed or assigned pursuant to section 625(d)(2) (through interchange or otherwise) at any State or local unit of government, public or private nonprofit institution, trade, labor, agricultural, or scientific association or organization, or commercial firm; and the provisions of Public Law 84-918 (7 U.S.C. 1881 et seq.) may be used to carry out the foregoing authority notwithstanding that interchange of personnel may not be involved or that the training may not take place at the institutions specified in that Act. Such training shall not be considered employment or holding of office under section 5533 of title 5 of the United States Code,1114 and any payments or contributions in connection therewith may, as deemed appropriate by the head of the agency of the United States Government authorizing such training,

1110 Sec. 585 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2047), provided the following:

"SEC. 585. (a) The proceeds of overseas property acquired by the Agency for International Development under the authority of section 636(c) of the Foreign Assistance Act of 1961 may be deposited in a separate fund, which shall be known as the Property Management Fund. Such proceeds shall be available for use only for the purposes of section 636(c) of that Act, and shall remain available until expended. The Administrator of the Agency for International Development shall report all uses of funds deposited into the Property Management Fund as part of the annual Congressional Presentation materials submitted by the Agency for International Development.

"(b) The provisions of subsection (a) shall be applicable to property acquired prior to the date of enactment of this Act and at any time thereafter.".

1111 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329), struck out "$3,000,000" and inserted in lieu thereof "$6,000,000".

1112 Sec. 102(g)(2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out "(other than title I of chapter 2 of part I)" at this point. 1113 Sec. 302(1) of the FA Act of 1967 (Public Law 90-137) struck out "$1,500,000" and inserted in lieu thereof "$2,500,000".

1114 Sec. 302(m) of the FA Act of 1967 (Public Law 90-137) struck out "301 of the Dual Compensation Act (5 U.S.C. 3105)" and inserted in lieu thereof “5533 of title 5 of the United States Code".

be made by private or public sources and be accepted by any trainee, or may be accepted by and credited to the current applicable appropriation of such agency: Provided, however, That any such payments to any employee in the nature of compensation shall be in lieu, or in reduction, of compensation received from the United States Government.

(f) Funds made available under chapter 1 of part I 1115 may be used for expenses (other than those provided for under section 637(a)) to assist in carrying out functions under chapter 1 of part I,1116 under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1691 et seq.), and under the Latin American Development Act, as amended 1117 (22 U.S.C. 1942 et seq.), performed by the agency primarily responsible for administering part I or by the Corporation established under title IV of chapter 2 of part I with respect to loan activities which it carries out under the provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended.1118

(g) Funds made available for the purposes of part II or the Arms Export Control Act 1119 shall be available for

(1) administrative, extraordinary (not to exceed $300,000 in any fiscal year), and operating expenses incurred in furnishing defense articles, military education and training 1120 and defense services on a grant or sales basis by the agency primarily responsible for administering part II; 1121

(2) reimbursement of actual expenses of military officers detailed or assigned as tour directors in connection with orientation visits of foreign military and related civilian personnel,1122 in accordance with the provisions of section 5702(c) of title 5 of the United States Code,1123 applicable to civilian officers and employees; and

(3) maintenance, repair, alteration, and furnishing of United States-owned facilities in the District of Columbia or elsewhere

1115 Sec. 102(g)(2)(J) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out “section 212" and inserted in lieu thereof “chapter 1 of part I". 1116 Sec. 102(g)(2)(J) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out "title I of chapter 2" and inserted in lieu thereof "chapter 1 of part I".

1117 Sec. 302(h)(2) of the FA Act of 1965 (Public Law 89-171) struck out "Act to provide for assistance in the development of Latin America and in the reconstruction of Chile, and for other purposes" and inserted in lieu thereof "Latin American Development Act, as amended". For text of the Latin American Development Act, as amended, see Legislation on Foreign Relations Through 2004, vol. I-B.

1118 Sec. 306 of the FA Act of 1969 (Public Law 91-175) inserted "or by the Corporation established under title IV of chapter 2 of part I with respect to loan activities which it carries out under the provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended". For text of the Agricultural Trade Development and Assistance Act of 1954, as amended, see Legislation on Foreign Relations Through 2004, vol. I-B.

1119 Title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1214), added this reference to the Arms Export Control Act.

1120 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) inserted ", military education and training".

1121 Sec. 302(d) of the FA Act of 1968 (Public Law 90-554) inserted "incurred in furnishing defense articles and defense services on a grant or sales basis by the agency primarily responsible for administering part II" (see above footnote).

1122 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) struck out "personnel" and inserted in lieu thereof "and related civilian personnel".

1123 Sec. 302(n) of the FA Act of 1967 (Public Law 90-137) struck out "3 of the Travel Expense Act of 1949, as amended (5 U.S.C. 836)," and inserted in lieu thereof “5702(c) of title 5 of the United States Code".

for the training of foreign military and related civilian personnel 1122 without regard to the provisions of section 3733 of the Revised Statutes (41 U.S.C. 12) or other provision of law requiring a specific authorization or specific appropriation for such public contracts.

(h) 1124 In carrying out programs under this Act, the President shall take all appropriate steps to assure that, to the maximum extent possible, (1) countries receiving assistance under this Act contribute local currencies to meet the cost of contractual and other services rendered in conjunction with such programs, and (2) foreign currencies owned by the United States are utilized to meet the costs of such contractual and other services.

(i) 1125 Notwithstanding section 640 or any other provision of this Act, none of the funds made available to carry out this Act shall be used to finance the purchase, sale, long-term lease, exchange, or guaranty of a sale of motor vehicles unless such motor vehicles are manufactured in the United States. Provided, That where special circumstances exist the President is authorized to waive the provisions of this section in order to carry out the purposes of this Act. Sec. 637.1126 Administrative Expenses.-(a) 1127 *** [Repealed-1978]

(b) There is hereby authorized to be appropriated 1128 such amounts as may be necessary from time to time for administrative expenses which are incurred for functions of the Department of State under this Act and unrepealed provisions of the Mutual Security Act of 1954, as amended, or for normal functions of the Department of State which relate to such functions.1129

Sec. 638.1130 Exclusions.1131-(a) No provision of this Act shall be construed to prohibit assistance to any country pursuant to the Peace Corps Act, as amended; the Mutual Educational and Cultural Exchange Act of 1961, as amended; or the Export-Import Bank Act of 1945, as amended. 1132

(b)1133 No provision of this Act or any other provision of law shall be construed to prohibit assistance for any training activity which is funded under this Act for Brazil or Argentina as long as such country continues to have a democratically elected government and the assistance is otherwise consistent with sections 116, 502B, 620(f), 620A, and 660 of this Act.

1124 Sec. 302(f) of the FA Act of 1963 (Public Law 88-205) added subsec. (h).

1125 Sec. 302(0) of the FA Act of 1967 (Public Law 90-137) added subsec. (i). 1126 22 U.S.C. 2397.

1127 Sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed subsec. (a).

1128 Sec. 302(h)(2) of the FA Act of 1962 (Public Law 87-565) struck out "to the Secretary of State" at this point.

1129 The FA Appropriation Act, 1975, appropriated $4,800,000, as authorized by this section. 1130 22 U.S.C. 2398. Sec. 302(h) of the FA Act of 1963 (Public Law 88-205) added sec. 638. 1131 Sec. 19 of the FA Act of 1973 (Public Law 93-189) struck out "Peace Corps Assistance" and inserted in lieu thereof "Exclusions".

1132 12 U.S.C. 635. Sec. 202(j) of the FA Act of 1965 (Public Law 89-171) struck out ": or famine or disaster relief, including such relief through voluntary agencies, under title II of the Agricultural Trade Development and Assistance Act of 1954, as amended" at this point.

1133 Sec. 588 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329) added subsec. (b). Sec. 588 also provided that subsec. (b) not apply with respect to funds appropriated prior to the enactment of Public Law 100-202.

Sec. 639.1134 Famine or Disaster Relief. *** [Repealed1975]

Sec. 639A.1135 Disaster Relief Assistance. *** [Redesignated-1975]

Sec. 639B.1136 African Development Program. * * [Redesignated-1975]

Sec. 640.1137 Military Sales. * * *
* [Repealed-1968]

Sec. 640A.1138 False Claims and Ineligible Commodities.(a) 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 Government a claim for payment from funds made available under this Act for the purposes of furnishing assistance and who knows the claim to be false, fraudulent, or fictitious or to cover a commodity or commodity-related service determined by the President to be ineligible for payment from funds made available under this Act, or who uses to support his claim any certification, statement, or entry on any contract, bill of lading, Government or commercial invoice, or Government form, which he knows, or in the exercise of prudent business management should know, to contain false, fraudulent, or fictitious information, or who uses or engages in any other fraudulent trick, scheme, or device for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any benefit or payment from funds so made available under this Act in connection with the negotiation, procurement, award, or performance of a contract financed with funds so made available under this Act, and any person who enters into an agreement, combination or conspiracy to do so, (1) shall pay to the United States an amount equal to 25 per centum of any amount thereby sought to be wrongfully secured or obtained but not actually received, and (2) shall forfeit and refund any payment, compensation, 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, commission, or advance so received, whichever is the greater, together with the costs of suit.

(b) In order to secure recovery under this section, the President may, as he deems appropriate, (1) institute suit in the United States district court for any judicial district in which the person alleged to have performed or participated in an act described by this section may reside or may be found, and (2) upon posting by registered mail to such person a notice of claim describing the basis therefor and identifying the funds to be withheld, withhold from funds owed by any agency of the United States Government to such person an amount equal to the refund, damages, liquidated dam

1134 Repealed by sec. 101(6) of Public Law 94-161 (89 Stat. 849).

1135 Sec. 639A, as added by the FA Act of 1973, was redesignated as sec. 494A of this Act by sec. 101(5) of Public Law 94-161 (89 Stat. 849). It was subsequently repealed in 1978. 1136 Sec. 639B, added by sec. 20 of the FA Act of 1973 (Public Law 93-189), was redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 849). Subsequently, it is redesignated as sec. 120 of this Act.

1137 Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-629) repealed sec. 640.

1138 22 U.S.C. 2399. Sec. 302(f) of the FA Act of 1968 (Public Law 90-554) added sec. 640A.