172
(A) acquire and dispose of (upon such
terms and conditions as the President deems
appropriate) any property, including any instru-
ment evidencing indebtedness or ownership, and
(B) guarantee payment against any such
instrument;
(4) may establish the character of, and decide
the necessity for, obligations and expenditures of
funds used in furnishing and administering such as-
sistance and the manner in which such obligations
and expenditures shall be incurred, allowed, and
paid, subject to provisions of law specifically applica-
ble to corporations of the United States Govern-
ment;
(5) shall cause to be maintained an integral set
of accounts which shall be audited by the General
Accounting Office in accordance with principles and
procedures applicable to commercial corporate trans-
actions as provided by chapter 91 of title 31, United
States Code;
(6) may transfer such of the funds appropriated
or otherwise made available under titles II and III
of this Act as the President may determine for as-
sistance to a recipient country to the account in
which funds for the procurement of defense articles
173
and defense services under section 21 and section 22
of the Arms Export Control Act have been deposited
for such recipient, to be merged with such deposited
funds, and to be used solely to meet obligations of
the recipient for payment for sales under that Act.
Sales which are wholly paid from funds made avail-
able on a nonrepayable basis and transferred under
this paragraph, from funds made available under the
former authority of section 503(a)(3) of the Foreign
Assistance Act of 1961, or from funds made avail-
able on a non-repayable basis under the former au-
thority of section 23 of the Arms Export Control Act
shall be priced to exclude the costs of salaries of
members of the Armed Forces of the United States
(other than the Coast Guard).
(h) GUARANTEES.—Guarantees issued to carry out
the purposes of this Act shall be subject to the following:
(1) FULL FAITH AND CREDIT.—The full faith
and credit of the United States may be pledged for
the full payment and performance of guarantees is-
sued under this Act or predecessor legislation.
(2) CHARGES.—The President may charge ap-
propriate fees and/or interest in connection with the
activities carried out under such authority.
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(3) RELATIONSHIP TO OTHER PROVISIONS OF
LAW.—Guarantees may be provided under this Act
without regard to section 8402 of this Act.
(4) DENOMINATION OF LIABILITY.—The losses
guaranteed may be in dollars or in other currencies.
In the case of losses guaranteed in currencies other
than dollars, the guarantees issued shall be subject
to an overall payment limitation expressed in dollars.
(i) SUBSIDY COST OF GUARANTEES AND LOANS.—
The President may use funds made available under this
Act to pay the cost (as defined in section 13201 of the
Budget Enforcement Act of 1990) of direct loans and loan
guarantees made or entered into (and associated adminis-
trative costs) in furtherance of the purposes of this Act.
Funds appropriated to pay the cost (as defined in section
13201 of the Budget Enforcement Act of 1990) of direct
loans and loan guarantees made or entered into to carry
out the provisions of this Act shall be provided in conform-
ity with section 504(b)(1) of the Federal Credit Reform
Act of 1990.
(j) CLAIMS RELATING
TO GUARANTEES.—Claims
arising as a result of any guarantee program authorized
by this Act may be settled, and disputes arising as the
result thereof may be arbitrated with the consent of the
parties, on such terms and conditions as the President
175
may direct. Payment made pursuant to any such settle-
ment, or as a result of an arbitration award, shall be final
and conclusive notwithstanding any other provision of law.
(k) FINANCIAL TRANSACTIONS WITH FOREIGN GOV-
ERNMENTS IN DEFAULT OF OBLIGATIONS TO THE UNIT-
ED STATES.—Section 955 of title 18, United States Code,
shall not apply to any person—
(1) who acts for or participates in any oper-
ation or transaction arising under this Act, or
(2) who acquires any obligation issued in con-
nection with any operation or transaction arising
under this Act.
(l) EDUCATIONAL
INSTITUTIONS.—Any cost-type
contract or agreement (including grants) entered into with
an institution of higher education for the purpose of carry-
ing out programs authorized by this Act may provide for
the payment of the reimbursable indirect costs of that in-
stitution on the basis of predetermined fixed-percentage
rates applied to the total or an element thereof, of the
reimbursable direct costs incurred.
(m) TRAINING WORKING CAPITAL FUND.—The head
of any agency administering assistance under this Act is
authorized to establish, with funds made available for as-
sistance under this Act (or predecessor legislation) admin-
istered by such agency, a working capital fund, which shall
176
be available without fiscal year limitation, for expenses
and equipment necessary to the maintenance and oper-
ation of a program of providing short-term and long-term
training and training-related services of foreign nationals
in the United States or third countries, including such ex-
penses as (1) tuition and fees, (2) room, board, and main-
tenance allowances, and (3) contracts and the cost of ad-
ministering contracts entered into in furtherance of the
program.
(n) MULTIYEAR
COMMITMENTS.—A contract or
agreement which entails commitments for the expenditure
of funds under this Act may, subject to any future action
of the Congress, extend at any time for not more than
5 years.
SEC. 8203. AUTHORIZED ADMINISTRATIVE USES OF FUNDS.
(a) PERSONNEL, PRINTING, PROCUREMENT OF SUP-
PLIES, AND OTHER ADMINISTRATIVE EXPENSES.—Funds
made available to carry out this Act may be used for the
following:
(1) Compensation, allowances, and travel of
personnel, including Foreign Service personnel,
whose services are utilized primarily for the purposes
of this Act, and for other administrative and operat-
ing expense purposes (other than compensation of
personnel) without regard to such laws and regula-
177
tions governing the obligation and expenditure of
funds of the United States Government as may be
necessary to accomplish the purposes of this Act.
(2) Printing and binding without regard to the
provisions of any other law.
(3) 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
the Claims Act, 31 U.S.C. 3721 and such laws and
regulations governing the obligation and expenditure
of funds of the United States Government (other
than sections 1341, 1342, and 1517 of title 31,
United States Code) as may be necessary to accom-
plish the purposes of this Act.
(b) USES OF ASSISTANCE FUNDS.—
(1) AUTHORIZED
USES.—Funds described in
paragraph (2) shall be available for the following:
(A) Expenses of attendance at meetings
concerned with the purposes of this Act, includ-
ing (notwithstanding section 1346(a) and
1346(c) of title 31, United States Code), ex-
penses in connection with meetings of persons
whose employment is authorized by section
8503.
179
(G) Exchange of funds without regard to
loss by exchange.
(H) 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.
A certificate of the amount of such expenditure,
the nature of which it is considered inadvisable
to specify, shall be made by the President, and
every such certificate shall be deemed a suffi-
cient voucher for the amount therein specified.
(I) Insurance of official motor vehicles or
aircraft acquired for use in foreign countries.
(J) Expenses of—
(i) preparing and transporting to their
former homes (or with respect to foreign
participants engaged in any program under
this Act to their former homes or places of
burial), and
(ii) caring for and disposing of the re-
mains of an individual, or the remains of
a member of an individual’s family, who
may die while such individual is away from
home participating in activities carried out
with funds described in paragraph (2).
180
(K) Purchase of uniforms.
(L) Payment of per diem in lieu of subsist-
ence to foreign participants engaged in any pro-
gram under this Act 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 Govern-
ment travel regulations, notwithstanding any
other provision of law.
(M) Use in accordance with authorities of
the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.) not otherwise provided for.
(N) Ice and drinking water for use outside
the United States.
(O) Services of commissioned officers of
the National Oceanic and Atmospheric Admin-
istration. For the purposes of providing such
services, the National Oceanic and Atmospheric
Administration may appoint not to exceed 20
commissioned officers in addition to those oth-
erwise authorized.
(P) Expenses in connection with—
(i) travel of personnel outside the
United States, including travel expenses of
dependents (including expenses during nec-
181
essary stopovers while engaged in such
travel), and the 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
(ii) the costs of transporting auto-
mobiles to and from a place of storage,
and the costs of storing automobiles of
such personnel, when it is in the public in-
terest or more economical to authorize
storage.
(Q) Assistance for the implementation of
programs under the Agricultural Trade Devel-
opment and Assistance Act of 1954, the Agri-
cultural Act of 1949, and the Food for Progress
Act of 1985.
(R) Other expenses determined by the
President to be necessary to carry out the pur-
poses of this Act.
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(2) FUNDS WHICH MAY BE USED.—Paragraph
(1) applies to—
(A) appropriations to carry out this Act,
(B) allocations or transfers to or from any
agency of the United States Government, from
other appropriations, for functions directly re-
lated to the purposes of this Act, and
(C) funds made available for other pur-
poses to the United States Agency for Inter-
national Development.
(c) FACILITIES.—
(1) LIVING QUARTERS, OFFICES, SCHOOLS, AND
HOSPITALS.—Notwithstanding any other provision
of law, funds available for assistance under this Act
may be used in any fiscal year (in addition to funds
available for such use under other authorities in this
Act)—
(A) to rent, lease, construct or otherwise
acquire essential living quarters, office space,
and necessary supporting facilities for use of
personnel carrying out activities authorized by
this Act, including to maintain, furnish, im-
prove, and make necessary repairs to such
property, which may also include the cost of
fuel, water, and utilities for such properties;
183
(B) to construct or otherwise acquire out-
side the United States schools (including dor-
mitories and boarding facilities) and hospitals
for use of personnel carrying out activities au-
thorized by this Act, United States Government
personnel, and their dependents; and
(C) to staff, operate, and maintain such
schools and hospitals.
(2) DISPOSAL.—Property acquired under this
subsection (or predecessor provisions of this Act)
may be disposed of, and the proceeds of such dis-
posal shall remain available until expended for use
for the purposes specified in paragraph (1).
(d) EDUCATION OF DEPENDENTS.—Funds available
for assistance under this Act may be used in any fiscal
year to provide assistance to schools established, or to be
established, outside the United States whenever it is deter-
mined 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 con-
struction pursuant to subsection (c) of this section.
(e) TRAINING OF PERSONNEL.—
184
(1) PAYMENT
OF
COSTS.—Funds available
under this Act may be used to pay costs of training
United States citizen personnel employed or assigned
pursuant to section 8502(d), 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.
(2) LIMITATION ON DUAL EMPLOYMENT.—Such
training shall not be considered employment or hold-
ing of office under section 5533 of title 5, United
States Code.
(3) ACCEPTANCE OF CERTAIN PAYMENTS.—Any
payments or contributions in connection with such
training may, as deemed appropriate by the head of
the agency of the United States Government author-
izing 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. Any such payments or
contributions to any employee in the nature of com-
pensation shall be in lieu, or in reduction, of com-
pensation received from the United States Govern-
ment.