§ 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 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.

(Pub. L. 87–195, pt. III, § 636, Sept. 4, 1961, 75 Stat. 457; Pub. L. 88–205, pt. III, § 302(f), Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, § 302(h), Sept. 6, 1965, 79 Stat. 660; Pub. L. 90–137, pt. III, § 302(j)–(o), Nov. 14, 1967, 81 Stat. 461, 462; Pub. L. 90–554, pt. III, § 302(d), Oct. 8, 1968, 82 Stat. 965; Pub. L. 91–175, pt. III, § 306, Dec. 30, 1969, 83 Stat. 821; Pub. L. 94–329, title I, § 106(b)(5), June 30, 1976, 90 Stat. 733; Pub. L. 95–424, title I, § 102(g)(2)(H)–(J), title V, § 505, Oct. 6, 1978, 92 Stat. 943, 960; Pub. L. 99–83, title XII, § 1211(b)(1), Aug. 8, 1985, 99 Stat. 279; Pub. L. 99–234, title I, § 107(b), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 99–550, § 2(b), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 100–202, § 101(e) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–131, 1329–141; Pub. L. 101–167, title III, Nov. 21, 1989, 103 Stat. 1214; Pub. L. 107–372, title II, § 271(7), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)

References In Text

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, § 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 (§ 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, § 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, § 403, Jan. 5, 1971, 84 Stat. 1925. See section 3371 et seq. of Title 5, Government Organization and Employees.

The Food for Peace Act, as amended, referred to in subsec. (f), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 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 (§ 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, § 45(a), Oct. 22, 1968, 82 Stat. 1327. See section 2753(a)(1) of this title.

Miscellaneous

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 (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 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

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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

In subsec. (g)(3), “section 6303 of title 41” substituted for “section 3733 of the Revised Statutes (41 U.S.C. 12)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

Amendments

2008—Subsec. (f). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954” in two places.

2002—Subsec. (a)(17). Pub. L. 107–372 struck out par. (17) which read as follows: “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.”

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, § 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, § 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, § 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, § 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, § 106(b)(5)(A), inserted “military education and training” after “articles”.

Subsec. (g)(2), (3). Pub. L. 94–329, § 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, § 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, § 302(k), substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in two places.

Subsec. (d). Pub. L. 90–137, § 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, § 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, § 302(n), substituted reference to section 5702(c) of title 5 for former section 836 of title 5.

Subsec. (i). Pub. L. 90–137, § 302(o), added subsec. (i).

1965—Subsec. (e). Pub. L. 89–171, § 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, § 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

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, § 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 Amendment

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

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

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.