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the expenses of personal and nonpersonal services, equipment, and supplies for
(A) International Cooperative Administrative Support Services; and
(B) rebates from the use of United States Government credit cards. (2) The capital of the fund shall consist of
(A) the fair and reasonable value of such supplies, equipment, and other assets pertaining to the functions of the fund as the Administrator determines,
(B) rebates from the use of United States Government credit cards, and
(C) any appropriations made available for the purpose of pro
viding capital, minus related liabilities.
(3) The fund shall be reimbursed or credited with advance payments for services, equipment, or supplies provided from the fund from applicable appropriations and funds of the Agency, other Federal agencies and other sources authorized by section 607 at rates that will recover total expenses of operation, including accrual of annual leave and depreciation. Receipts from the disposal of, or payments for the loss or damage to, property held in the fund, rebates, reimbursements, refunds and other credits applicable to the operation of the fund may be deposited in the fund.
(4) At the close of each fiscal year the Administrator of the Agency shall transfer out of the fund to the miscellaneous receipts account of the Treasury of the United States such amounts as the Administrator determines to be in excess of the needs of the fund.
(5) The fund may be charged with the current value of supplies and equipment returned to the working capital of the fund by a post, activity, or agency, and the proceeds shall he credited to current applicable appropriations.
Sec. 636.1031 Provisions on Uses of Funds.a) Appropriations for the purposes of or pursuant to this Act (except for Part II), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this Act, and funds made available for other purposes to the agency primarily responsible for administering part I, shall be available for:
(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvements of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of such appropriations of this Act, including (notwithstanding the provisions of section 9 of Public Law 60328 (31 U.S.C. 673)) expenses in connection with meetings and persons whose employment is authorized by section 626;
(3) contracting with individuals for personal service abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission;
1031 22 U.S.C. 2396.
(4) purchase, maintenance, operation, and hire of aircraft: Provided, That aircraft for administrative purposes may be purchased only as specifically provided for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles: Provided, That, except as may otherwise be provided in an appropriation or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles and the cost, including exchange allowance, of each such replacement shall not exceed the current market price in the United States of a midsized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III vehicle of United States manufacture (or, if the replacement vehicle is a right-hand drive vehicle, 120 percent of that price) 1032 in the case of an automobile for the chief of any special mission or staff outside the United States established under section 631: Provided further, That passenger motor vehicles other than one for the official use 1033 of the head of the agency primarily responsible for administering part I, may be purchased for use in the United States only as may be specifically provided in an appropriation or other Act;
(6) entertainment (not to exceed $25,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act);
(7) exchange of funds without regard to section 3651 of the Revised Statutes (31 U.S.C. 543) and loss by exchange;
(8) expenditures (not to exceed $50,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act) of a confidential character other than entertainment: Provided, That a certificate of the amount of such expenditure, the nature of which it is considered inadvisable to specify, shall be made by the head of the agency primarily responsible for administering part I or such person as he may designate, and every such certificate shall be deemed a sufficient voucher for the amount therein specified; 1034
(9) insurance of official motor vehicles or aircraft acquired for use in foreign countries;
(10) rent or lease outside the United States for not to exceed ten years of offices, buildings, grounds, and quarters, including 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
1032 The words to this point beginning with "the current market price * * *” were inserted in lieu of “$3,500" by sec. 505 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 960).
1033 Public Law 99-550 (100 Stat. 3067) deleted the following phrase: “(without regard to the limitations contained in section 5 of Public Law 63127, as amended (31 U.S.C. 638a(c)2)), and section 201 of Public Law 85468 (31 U.S.C. 638(c))”.
Similar provisions were deleted from sec. 48 of the Arms Control and Disarmament Act. See Legislation on Foreign Relations Through 2000, vol. II, sec. F, notes.
1034 See also sec. 614(c) of this Act.
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 1035 (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 1036 may appoint not to exceed twenty commissioned officers in addition to those otherwise authorized;
(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. (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.
1035 Sec. 1211(bX1) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted reference to the 1980 Act which updated a reference to the 1946 version of the Act which had been repealed and replaced by the 1980 version,
1036 Sec. 302(k) of the FA Act of 1967 inserted “Environmental Science Service Administration" in lieu of “Coast and Geodetic Survey".
(c) 1037 Notwithstanding any other law, not to exceed $6,000,000 1038 of the funds available for assistance under this Act 1039 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 1039 may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.
(d) Not to exceed $2,500,000 1040 of funds available for assistance under this Act 1039 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 1039 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 84918 (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, 1041 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, be made by private or public sources and be accepted by any train
1037 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 6361c) of 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.".
1038 The figure $6,000,000 was substituted in lieu of $3,000,000 by 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).
1039 The words “(other than title I of chapter 2 of part I)", which previously appeared at this point, were struck k by sec. 102(g)(2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943).
1040 Sec. 302(1) of the FA Act of 1967 inserted "$2,500,000” in lieu of “$1,500,000".
1041 Sec. 302(m) of the FA Act of 1967 inserted “5533 of title 5 of the United States Code” in lieu of “301 of the Dual Compensation Act (5 U.S.C. 3105)”.
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ee, 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 1042 may be used for expenses (other than those provided for under section 637(a)) to assist in carrying out functions under chapter 1 1043 of part I, 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 1044 (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. 1045
(g) Funds made available for the purposes of part II or the Arms Export Control Act 1046 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 1047 and defense services on a grant or sales basis by the agency primarily responsible for administering part II; 1048
(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, 1049 in accordance with the provisions of section 5702(c) of title 5 of the United States Code, 1050 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 for the training of foreign military and related civilian personnel 1049 without regard to the provisions of section 3733 of the Revised Statutes (41 U.S.C. 12) or other provision of law re
1042 The reference to chapter 1 of part I was inserted in lieu of a reference to sec. 212 by sec. 102(g)(2(J) of the International Development and Food Assistance Act of 1978 (Public Law 95– 424; 92 Stat. 943).
1043 The reference to chapter 1 was inserted in lieu of a reference to title I of chapter 2 by sec. 102(g)(2)(J) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943).
1044 Sec. 3020h(2) of the FA Act of 1965 inserted "Latin American Development Act, as amended” in lieu of "Act to provide for assistance in the development of Latin America and in the reconstruction of Chile, and for other purposes”. For text of the Latin American Development Act, see Legislation on Foreign Relations Through 2001, vol. I-B.
1045 The words to this point, beginning with “or by the Corporation”, were added by sec. 306 of the FA Act of 1969. For text of the Agricultural Trade Development and Assistance Act of 1954, as amended, see Legislation on Foreign Relations Through 2001, vol. I-B.
1046 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.
1047 The words“, military education and training” were added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 733).
1048 The words to this point, beginning with "incurred in furnishing" (except as noted in footnote 1047) were added by sec. 302(d) of the FA Act of 1968.
1049 The words “and related civilian personnel” were inserted in lieu of “personnel” by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 733).
1050 Sec. 302(n) of the FA Act of 1967 inserted "5702(c) of title 5 of the United States Code” in lieu of “3 of the Travel Expense Act of 1949, as amended (5 U.S.C. 836),”.