(f) Funds made available under chapter 1 of part I 764 may be used for expenses (other than those provided for under section 637(a)) to assist in carrying out functions under chapter 1765 of part I, under the Agricultural Trade Development and Assistance Act of 1954, as amended 766 (7 U.S.C. 1691 et seq.), and under the Latin American Development Act, as amended 767 (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.768, 769

(g) Funds made available for the purposes of part II 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 770 and defense services on a grant or sales basis by the agency primarily responsible for administering part II;771

(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,772 in accordance with the provisions of section 5702(c) of title 5 of the United States Code,773 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 772 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) 774 In carrying out programs under this Act, the President shall take all appropriate steps to assure that, to the maximum

764 The reference to chapter 1 of part I was substituted 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).

765 The reference to chapter 1 was substituted 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).

766 For text, see page 939.

767 Sec. 302(h)(2) of the FA Act of 1965 substituted the words "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". For text of the Latin American Development Act, see page 591.

768 The words to this point, beginning with "or by the Corporation", were added by sec. 306 of the FA Act of 1969.

769 For text, see page 939.

770 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).

771 The words to this point, beginning with "incurred in furnishing" (except as noted in footnote 637) were added by sec. 302(d) of the FA Act of 1968.

772 The words "and related civilian personnel" were substituted 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).

773 Sec. 302(n) of the FA Act of 1967 substituted "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),”.

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

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) 775 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 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. 637.776 Administrative Expenses.-(a) 777 *** [Repealed— 1978]

(b) There is hereby authorized to be appropriated 778 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.779

Sec. 638.780 Exclusions.781-(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.782

(b) 783 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. 639.784 Famine or Disaster Relief. Sec. 639A.785 Disaster Relief Assistance.1975]

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

776 22 U.S.C. 2397.

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

778 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.

779 FA Appropriation Act, 1975: $4,800,000 as authorized by this section.

780 22 U.S.C. 2398. Sec. 638 was added by sec. 302(h) of the FA Act of 1963.

781 The word "EXCLUSIONS" was substituted in lieu of "PEACE CORPS ASSISTANCE" by sec. 19 of the FA Act of 1973.

782 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.

783 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 100-202, 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.

784 Sec. 639, Famine or Disaster Relief, was repealed by sec. 101(6) of Public Law 94-161 (89 Stat. 849).

785 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.

Sec. 639B.786 African Development Program.-* nated-1975]

Sec. 640.787 Military Sales.-* * * [Repealed-1968]

[Redesig

Sec. 640A.788 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 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

786 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.

787 Sec. 640 was repealed by sec. 45(a) of the Foreign Military Sales Act (Public Law 90-629). 788 22 U.S.C. 2399. Sec. 640Ă was added by sec. 302(f) of the FĂ Act of 1968.

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. Coordination.789-(a) The President shall establish a system for coordination of United States policies and programs which affect United States interests in the development of lowincome 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 Committee shall include the head of the agency primarily responsible for administering part I, Chairman, and representatives of the Departments of State, Treasury, Commerce, Agriculture, Energy, and Labor, the Executive Office of the President and other executive departments and agencies, as the President shall designate.790 The Committee shall advise the President concerning the degree to which bilateral and multilateral development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of people in the developing countries: food production; rural development and nutrition; population planning and health; and education, public administration, and human resource development.791

(b) The President shall prescribe appropriate procedures to assure coordination among

(1) the various departments and agencies of the United States Government having representatives in diplomatic missions abroad; and

(2) representatives of the United States Government in each country, under the direction of the Chief of the United States Diplomatic Mission.

The President shall keep the Congress advised of his actions under this subsection.

(c) Programs authorized by this Act shall be undertaken with the foreign policy guidance of the Secretary of State. (d) 792 *

*

[Repealed-1978]

(e) 793 The head of any of the departments or agencies referred to in subsection (a) may temporarily assign, upon the request of the Chairman, any employee from such department or agency to the staff of the Committee.

789 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act of 1973.

790 Representatives from the Department of Energy were added to this list of Committee members by sec. 118 of the International Development Cooperation Act of 1979 (Public Law 9653, 93 Stat. 365). The function of the head of the agency primarily responsible for administering part I, as mentioned in this sentence, was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA).

791 This sentence was added by sec. 127(a) of the International Development and Food Assistance Act of 1977 (Public Law 95-88, 91 Stat. 542).

792 Subsec. (d), which had required an annual report from the President regarding U.S. actions affecting the development of less developed countries, was repealed by sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424, 92 Stat. 959). A similar report is now required under sec. 634 of this Act.

793 Subsecs. (e) and (f), were added by sec. 127(c) of the International Development and Food Assistance Act of 1977 (Public Law 95-88, 91 Stat. 543).

793 To carry out the purposes of subsection (a), the Committee shall

(1) prepare studies on various development problems;

(2) devise implementation strategies on developmental problems appropriate to each such department or agency;

(3) monitor and evaluate the results of the development activities of each such department or agency; and

(4) arrange for the exchange of information and studies between such agencies and departments. (g) 794 *

*

[Repealed-1981]

Sec. 640C.795 Shipping Differential. For the purposes of facilitating implementation of section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)), funds made available for the purposes of chapter 1 of part I or for purposes of chapter 4 of part II 796 may be used to make grants to recipients to pay all or any portion of such differential as is determined by the Secretary of Commerce to exist between United States and foreign-flag vessel charter or freight rates. Grants made under this section shall be paid with United States-owned foreign currencies wherever feasible.

Chapter 3-Miscellaneous Provisions

Sec. 641.797 Effective Date and Identification of Programs.This Act shall take effect on the date of its enactment. Programs under this Act shall be identified appropriately overseas as "American Aid".

Sec. 642. Statutes Repealed. (a) There are hereby repealed— (1) Reorganization Plan Numbered 7 of 1953;

(2) the Mutual Security Act of 1954, as amended (except sections 798 402, 408, 417, 502(a), 502(b), 514, 523(d) and 536;

799, 800

(3) section 12 of the Mutual Security Act of 1955;

(4) sections 12, 13, and 14 of the Mutual Security Act of 1956; (5) section 503 of the Mutual Security Act of 1958;

(6) section 108 of the Mutual Security Appropriation Act, 1959;

794 Subsec. (g), as added by sec. 127(c) of Public Law 95-88 (91 Stat. 543) and amended by sec. 502(d)(2) of Public Law 95-424 (92 Stat. 959), was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113, 95 Stat. 1560). Formerly, subsec. (g) required an annual report to Congress on the Committee's operations. Such information is now required under sec. 634(a)(9) of this Act (page 224).

795 22 U.S.C. 2399d. Sec. 640C was added by sec. 21 of the FA Act of 1973.

796 The reference to chapter 4 of part II was substituted in lieu of a reference to part V by sec. 708 of the International Security and Development Cooperation Act of 1980 (Public Law 96533, 94 Stat. 3159).

797 22 U.S.C. 2401.

798 Sec. 303(a) of the FA Act of 1965 struck out sec. 143 of the Mutual Security Act of 1954 as amended, which was retained by the FA Act of 1961.

799 For text of the Mutual Security Act of 1954, see page 595. Subsecs. (a), (c), and (d) of sec. 405 of the Mutual Security Act of 1954, as amended, and subsec. (c) of sec. 451, which were retained by the Foreign Assistance Act of 1961, were repealed by sec. 6 of the Migration and Refugee Assistance Act of 1962 (Public Law 87-510). Sec. 414 of the Mutual Security Act of 1954, as amended, was repealed by sec. 212(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329).

800 The words ": Provided, That until the enactment of legislation authorizing and appropriating funds for activities heretofore carried on pursuant to sections 405(a), 405(c), 405(d), and 451(c) of the Mutual Security Act of 1954, as amended, such activities may be continued with funds made available under section 451(a) of this Act", which appeared at this point, were struck out by sec. 303(a) of the FA Act of 1965.