
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2396]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2396. Availability of funds


(a) General expenditures

    Appropriations for the purposes of or pursuant to this chapter 
(except for subchapter II of this chapter), allocations to any agency of 
the United States Government, from other appropriations, for functions 
directly related to the purposes of this chapter, and funds made 
available for other purposes to the agency primarily responsible for 
administrating subchapter I of this chapter, shall be available for:
        (1) rent of buildings and space in buildings in the United 
    States, and for repair, alteration, and improvement of such leased 
    properties;
        (2) expenses of attendance at meetings concerned with the 
    purposes of such appropriations or of this chapter, including 
    (notwithstanding the provisions of section 1346(a) and (c) of title 
    31) expenses in connection with meetings of persons whose employment 
    is authorized by section 2386 of this title;
        (3) contracting with individuals for personal services 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;
        (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 mid-sized 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) in the case of an automobile for the chief of any 
    special mission or staff outside the United States established under 
    section 2391 of this title: Provided further, That passenger motor 
    vehicles, other than one for the official use of the head of the 
    agency primarily responsible for administering subchapter I of this 
    chapter, 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 \1\ of the 
    Revised Statutes (31 U.S.C. 543) and loss by exchange;
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        (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 each 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 subchapter I of this chapter or such person as he may 
    designate, and every such certificate shall be deemed a sufficient 
    voucher for the amount therein specified;
        (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 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 subchapter I of this chapter, 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 subchapter I of this 
    chapter 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, as amended (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 the Environmental Science Services Administration 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) Compensation, allowances, and travel of personnel; printing and 
        binding; expenditures outside United States

    Funds made available for the purposes of this chapter may be used 
for compensation, allowances, and travel of personnel including Foreign 
Service personnel whose services are utilized primarily for the purposes 
of this chapter, 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 chapter.

(c) Construction of living quarters, office space, and supporting 
        facilities

    Notwithstanding any other law, not to exceed $6,000,000 of the funds 
available for assistance under this chapter may be used in any fiscal 
year (in addition to funds available for such use under other 
authorities in this chapter) 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 chapter, and (2) schools (including 
dormitories and boarding facilities) and hospitals for use of personnel 
carrying out activities authorized by this chapter, United States 
Government personnel, and their dependents. In addition, funds made 
available for assistance under this chapter may be used, notwithstanding 
any other law, to equip, staff, operate, and maintain such schools and 
hospitals.

(d) Education of dependents

    Not to exceed $2,500,000 of the funds available for assistance under 
this chapter 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 
chapter and dependents of United States Government personnel, in lieu of 
acquisition or construction pursuant to subsection (c) of this section.

(e) Training costs

    Funds available under this chapter may be used to pay costs of 
training United States citizen personnel employed or assigned pursuant 
to section 2385(d)(2) \2\ of this title (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 
sections 1881 to 1888 \2\ of title 7 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 sections 1881 to 1888 \2\ of title 7. Such 
training shall not be considered employment or holding of office under 
section 5533 of title 5, 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 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.
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(f) Assistance in carrying out functions under certain laws

    Funds made available under part I of subchapter I of this chapter 
may be used for expenses (other than those provided for under section 
2397(a) of this title) to assist in carrying out functions under part I 
of subchapter I of this chapter, 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, 
performed by the agency primarily responsible for administering 
subchapter I of this chapter or by the Corporation established under 
subpart IV of part II of subchapter I of this chapter with respect to 
loan activities which it carries out under the provisions of the 
Agricultural Trade Development and Assistance Act of 1954, as amended.

(g) Administrative, extraordinary, and operating expenses; reimbursement 
        of military officers; training of foreign military personnel

    Funds made available for the purposes of subchapter II of this 
chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] 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 and defense services on a 
    grant or sales basis by the agency primarily responsible for 
    administering subchapter II of this chapter;
        (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, in accordance with provisions of section 5702 of title 5, 
    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, 
    without regard to the provisions of section 12 of title 41 or other 
    provision of law requiring a specific authorization or specific 
    appropriation for such public contracts.

(h) Recipient countries to contribute local currencies; utilization of 
        foreign currencies owned by United States

    In carrying out programs under this chapter, the President shall 
take all appropriate steps to assure that, to the maximum extent 
possible, (1) countries receiving assistance under this chapter 
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) Financing motor vehicle transactions; waiver of domestic 
        manufacturing restriction

    Notwithstanding section 2399a \3\ of this title or any other 
provision of this chapter, none of the funds made available to carry out 
this chapter 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 chapter.
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(Pub. L. 87-195, pt. III, Sec. 636, Sept. 4, 1961, 75 Stat. 457; Pub. L. 
88-205, pt. III, Sec. 302(f), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-
171, pt. III, Sec. 302(h), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90-137, 
pt. III, Sec. 302(j)-(o), Nov. 14, 1967, 81 Stat. 461, 462; Pub. L. 90-
554, pt. III, Sec. 302(d), Oct. 8, 1968, 82 Stat. 965; Pub. L. 91-175, 
pt. III, Sec. 306, Dec. 30, 1969, 83 Stat. 821; Pub. L. 94-329, title I, 
Sec. 106(b)(5), June 30, 1976, 90 Stat. 733; Pub. L. 95-424, title I, 
Sec. 102(g)(2)(H)-(J), title V, Sec. 505, Oct. 6, 1978, 92 Stat. 943, 
960; Pub. L. 99-83, title XII, Sec. 1211(b)(1), Aug. 8, 1985, 99 Stat. 
279; Pub. L. 99-234, title I, Sec. 107(b), Jan. 2, 1986, 99 Stat. 1759; 
Pub. L. 99-550, Sec. 2(b), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 100-
202, Sec. 101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-
131, 1329-141; Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat. 
1214.)

                       References in Text

    This chapter, referred to in subsecs. (a) to (e), (h), and (i), was 
in the original ``this Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 
Stat. 424, as amended, known as the Foreign Assistance Act of 1961. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2151 of this title and Tables.
    Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in 
subsec. (a)(7), was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 
1982, 96 Stat. 1068, the first section of which enacted Title 31, Money 
and Finance.
    The Foreign Service Act of 1980, referred to in subsec. (a)(14), is 
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is 
classified principally to chapter 52 (Sec. 3901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 3901 of this title and Tables.
    Section 2385(d) of this title, referred to in subsec. (e), was 
amended by Pub. L. 96-465, title II, Sec. 2203(a), Oct. 17, 1980, 94 
Stat. 2158, and as so amended does not contain a par. (2).
    Sections 1881 to 1888 of title 7, referred to in subsec. (e), which 
related to the interchange of Department of Agriculture and State 
employees, were repealed by Pub. L. 91-648, title IV, Sec. 403, Jan. 5, 
1971, 84 Stat. 1925. See section 3371 et seq. of Title 5, Government 
Organization and Employees.
    The Agricultural Trade Development and Assistance Act of 1954, as 
amended, referred to in subsec. (f), is act July 10, 1954, ch. 469, 68 
Stat. 454, as amended, which is classified principally to chapter 41 
(Sec. 1691 et seq.) of Title 7, Agriculture. For complete classification 
of this Act to the Code, see Short Title note set out under section 1691 
of Title 7, and Tables.
    The Latin American Development Act, as amended, referred to in 
subsec. (f), is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as amended, 
which enacted sections 1942 to 1945 of this title and amended section 
1753a of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1942 of this title and 
Tables.
    The Arms Export Control Act, referred to in subsec. (g), is Pub. L. 
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified 
principally to chapter 39 (Sec. 2751 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2751 of this title and Tables.
    Section 2399a of this title, referred to in subsec. (i), was 
repealed by Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22, 1968, 82 Stat. 
1327. See section 2753(a)(1) of this title.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
    II, and References to Subchapter II Deemed To Exclude Such Parts

    References to subchapter I of this chapter are deemed to include 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II of this chapter, and references 
to subchapter II are deemed to exclude such parts. See section 202(b) of 
Pub. L. 92-226, set out as a note under section 2346 of this title, and 
sections 2348c and 2349aa-5 of this title.


           References to Part I Deemed To Include Section 2293

    References to part I of subchapter I of this chapter are deemed to 
include a reference to section 2293 of this title. See section 
2293(d)(1) of this title.

                          Codification

    In subsec. (a)(2), ``section 1346(a) and (c) of title 31'' 
substituted for ``section 9 of Public Law 60-328 (31 U.S.C. 673))'' on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.


                               Amendments

    1989--Subsec. (g). Pub. L. 101-167 inserted ``or the Arms Export 
Control Act'' after ``subchapter II of this chapter'' in introductory 
provisions.
    1987--Subsec. (c). Pub. L. 100-202 substituted ``$6,000,000'' for 
``$3,000,000''.
    1986--Subsec. (a)(5). Pub. L. 99-550 struck out ``(without regard to 
the limitations contained in section 5 of Public Law 63-127, as amended 
(31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85-468 (31 U.S.C. 
638c))'' after ``official use''.
    Subsec. (g)(2). Pub. L. 99-234 substituted ``5702'' for ``5702(c)''.
    1985--Subsec. (a)(14). Pub. L. 99-83 substituted reference to 
Foreign Service Act of 1980 for reference to Foreign Service Act of 
1946.
    1978--Subsec. (a)(5). Pub. L. 95-424, Sec. 505, substituted ``the 
current market price in the United States of a mid-sized 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)'' for ``$3,500''.
    Subsec. (c). Pub. L. 95-424, Sec. 102(g)(2)(H), struck out ``(other 
than subpart I of part II of subchapter I of this chapter)'' after 
``under this chapter'' in two places.
    Subsecs. (d), (e). Pub. L. 95-424, Sec. 102(g)(2)(I), struck out 
``(other than subpart I of part II of subchapter I of this chapter)'' 
after ``under this chapter''.
    Subsec. (f). Pub. L. 95-424, Sec. 102(g)(2)(J), substituted 
``available under part I of subchapter I of this chapter'' for ``section 
2172 of this title'', and ``functions under part I'' for ``functions 
under subpart I of part II''.
    1976--Subsec. (g)(1). Pub. L. 94-329, Sec. 106(b)(5)(A), inserted 
``military education and training'' after ``articles''.
    Subsec. (g)(2), (3). Pub. L. 94-329, Sec. 106(b)(5)(B), substituted 
``and related civilian personnel'' for ``personnel''.
    1969--Subsec. (f). Pub. L. 91-175 added Corporation established 
under sections 2191 to 2200a of this title to the enumeration of 
agencies administering programs.
    1968--Subsec. (g)(1). Pub. L. 90-554 required that when funds are 
made available for operating expenses, such expenses be incurred in 
furnishing defense articles and defense services on a grant or sales 
basis by the agency primarily responsible for administering subchapter 
II of this chapter.
    1967--Subsec. (a)(5). Pub. L. 90-137, Sec. 302(j), substituted 
``section 638a(c)(2) and section 638c of title 31'' for ``section 
78a(c)(2) and section 78a-1 of title 5''.
    Subsec. (a)(16). Pub. L. 90-137, Sec. 302(k), substituted 
``Environmental Science Services Administration'' for ``Coast and 
Geodetic Survey'' in two places.
    Subsec. (d). Pub. L. 90-137, Sec. 302(l), increased limitation on 
funds available for education of dependents from $1,500,000 to 
$2,500,000.
    Subsec. (e). Pub. L. 90-137, Sec. 302(m), substituted reference to 
section 5533 of title 5 for section 301 of the Dual Compensation Act (5 
U.S.C. 3105).
    Subsec. (g)(2). Pub. L. 90-137, Sec. 302(n), substituted reference 
to section 5702(c) of title 5 for former section 836 of title 5.
    Subsec. (i). Pub. L. 90-137, Sec. 302(o), added subsec. (i).
    1965--Subsec. (e). Pub. L. 89-171, Sec. 302(h)(1), substituted 
``section 301 of the Dual Compensation Act (5 U.S.C. 3105)'' for 
``section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62)''.
    Subsec. (f). Pub. L. 89-171, Sec. 302(h)(2), substituted ``Latin 
American Development Act, as amended'' for ``Act to provide for 
assistance in the development of Latin America and in the reconstruction 
of Chile, and for other purposes''.
    1963--Subsec. (h). Pub. L. 88-205 added subsec. (h).

                         Change of Name

    Commissioned Officer Corps of the Environmental Science Services 
Administration changed to Commissioned Officer Corps of the National 
Oceanic and Atmospheric Administration, see 1970 Reorg Plan No. 4, 
Sec. 4(d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in 
the Appendix to Title 5, Government Organization and Employees.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-234 effective (1) on effective date of 
regulations to be promulgated not later than 150 days after Jan. 2, 
1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see 
section 301(a) of Pub. L. 99-234, set out as a note under section 5701 
of Title 5, Government Organization and Employees.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605 
of Pub. L. 95-424, set out as a note under section 2151 of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2349b, 2360, 2396a, 2514, 
4341 of this title; title 2 section 143a.
