(14) use in accordance with authorities of the Foreign Service Act of 1980 922 (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 923 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.

(c) 924 Notwithstanding any other law, not to exceed $6,000,000 925 of the funds available for assistance under this Act 926 may be used in any fiscal year (in addition to funds available for such use under other authorities in this Act) to construct

922 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Stat. 279) inserted reference to the 1980 Act which updated a reference to the 1946 version of the Act which had been repealed and replaced by the 1980 version. 923 Sec. 302(k) of the FA Act of 1967 inserted "Environmental Science Service Administration" in lieu of "Coast and Geodetic Survey".

924 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.".

925 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).

926 The words "other than title I of chapter 2 of part 1)", which previously appeared at this point, were struck by sec. 102(g)(2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943).

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 926 may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.

(d) Not to exceed $2,500,000 927 of funds available for assistance under this Act 926 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 926 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,928 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.

(f) Funds made available under chapter 1 of part 1929 may be used for expenses (other than those provided for under section 637(a)) to assist in carrying out functions under chapter 1930 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

927 Sec. 302(1) of the FA Act of 1967 inserted "$2,500,000" in lieu of "$1,500,000".

928 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)".

929 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 95424; 92 Stat. 943).

930 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).

Latin American Development Act, as amended 931 (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.932

(g) Funds made available for the purposes of part II or the Arms Export Control Act 933 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 934 and defense services on a grant or sales basis by the agency primarily responsible for administering part II; 935

(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,936 in accordance with the provisions of section 5702(c) of title 5 of the United States Code,937 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 936 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) 938 În 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) 939 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

931 Sec. 302(h)(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 1997, vol. I-B.

932 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 1997, vol. I-B.

933 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.

934 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).

935 The words to this point, beginning with "incurred in furnishing" (except as noted in footnote 877) were added by sec. 302(d) of the FA Act of 1968.

936 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).

937 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),".

938 Subsec. (h) was added by sec. 302(f) of the FA Act of 1963.

939 Subsec. (i) was added by sec. 302(o) of the FA Act of 1967.

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. 637.940 Administrative Expenses. (a) 941 *** [Repealed-1978]

(b) There is hereby authorized to be appropriated 942 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.943

Sec. 638.944 Exclusions.945 (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.946

(b) 947 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.

Sec. 639.948 Famine or Disaster Relief.—* * * [Repealed— 1975]

Sec. 639A.949 Disaster Relief Assistance.-* * * [Redesignated-1975]

Sec. 639B.950 African Development Program. ignated-1975]

[Redes

Sec. 640,951 Military Sales.-* * * ** [Repealed-1968] Sec. 640A.952 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

940 22 U.S.C. 2397.

941 Subsec. (a) was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

942 The words "to the Secretary of State”, which appeared at this point, were deleted by sec. 302(h)(2) of the FA Act of 1962.

943 The FA Appropriation Act, 1975, appropriated $4,800,000, as authorized by this section. 944 22 U.S.C. 2398. Sec. 638 was added by sec. 302(h) of the FA Act of 1963.

945 The word "Exclusions" was inserted in lieu of "Peace Corps Assistance" by sec. 19 of the FA Act of 1973.

946 12 U.S.C. 635. The words ": 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", which appeared at this point, were struck out by sec. 202(j) of the FA Act of 1965.

947 Subsec. (b) was added by sec. 588 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100202; 101 Stat. 1329). Sec. 588 also provided that subsec. (b) not apply with respect to funds appropriated prior to the enactment of Public Law 100-202.

948 Sec. 639 was repealed by sec. 101(6) of Public Law 94-161 (89 Stat. 849).

949 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.

950 Sec. 639B, as added by sec. 20 of the FA Act of 1973, was redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 849). It has subsequently been redesignated as sec. 120 of this Act.

951 Sec. 640 was repealed by sec. 45(a) of the Foreign Military Sales Act (Public Law 90-629). 952 22 U.S.C. 2399. Sec. 640A was added by sec. 302(f) of the FA Act of 1968.

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 damages, and exemplary damages claimed by the United States under this section. Any such withholding of funds from any person shall constitute a final determination of the rights and liabilities of such person under this section with respect to the amount so withheld, unless within one year of receiving the notice of claim such person brings suit for recovery, which is hereby authorized, against the United States in any United States district court.

(c) For purposes of this section, the term "person" includes any individual, corporation, partnership, association, or other legal entity.

Sec. 640B.953 Coordination. (a) The President shall establish a system for coordination of United States policies and programs which affect United States interests in the development of low-income countries. To that end, the President shall establish a Development Coordination Committee which shall advise him with respect to coordination of United States policies and programs affecting the development of the developing countries, including programs of bilateral and multilateral development assistance. The

953 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act of 1973.