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quiring a specific authorization or specific appropriation for
such public contracts. (h) 1051 In 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) 1052 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Sec. 637.1053 Administrative Expenses.-(a) 1054 * * * (Repealed-1978]
(b) There is hereby authorized to be appropriated 1055 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. 1056
Sec. 638.1057 Exclusions.1058_(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. 1059
(b) 1060 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. 639.1061 Famine or Disaster Relief. * * * [Repealed1975]
1051 Subsec. (h) was added by sec. 302(f) of the FA Act of 1963. 1052 Subsec. (i) was added by sec. 302(o) of the FA Act of 1967. 1053 22 U.S.C. 2397.
1064 Subsec. (a) was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
1055 The words "to the Secretary of State”, which appeared at this point, were deleted by sec. 302(hX(2) of the FA Act of 1962.
1056 The FA Appropriation Act, 1975, appropriated $4,800,000, as authorized by this section. 1057 22 U.S.C. 2398. Sec. 638 was added by sec. 302(h) of the FA Act of 1963.
1058 The word "Exclusions” was inserted in lieu of “Peace Corps Assistance" by sec. 19 of the FA Act of 1973.
1059 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.
1060 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.
1061 Sec. 639 was repealed by sec. 101(6) of Public Law 94-161 (89 Stat. 849).
Sec. 639A. 1062 Disaster Relief Assistance. * * * [Redesignated—1975)
Sec. 639B.1063 African Development Program. * * * (Redesignated-1975] Sec. 640.1064 Military Sales. * * * [Repealed-1968)
Sec. 640A. 1065 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
1062 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.
1063 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. 1064 Sec. 640 was repealed by sec. 45(a) of the Foreign Military Sales Act (Public Law 90-629). 1065 22 U.S.C. 2399. Sec. 640A was added by sec. 302(1) of the FA Act of 1968.
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.1066 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 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. 1067 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. 1068
(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) 1069 *
1066 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act of 1973.
1067 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). The Reorganization Plan No. 2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105–277; 112 Stat. 2681).
1068 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).
1069 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.
(e) 1070 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.
(f) 1070 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) 1071 * * * (Repealed—1981]
Sec. 640C.1072 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 1073 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. 641.1074 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 1075 402, 408, 417, 502(a), 502(b), 514, 523(d) and 536; 1076, 1077
1070 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).
1071 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.
1072 22 U.S.C. 2399d. Sec. 640C was added by sec. 21 of the FA Act of 1973.
1073 The reference to chapter 4 of part II was inserted in lieu of a reference to part V by sec. 708 of the International Security and Development Cooperation Act of 1980 (Public Law 96– 533; 94 Stat. 3159).
1074 22 U.S.C. 2401.
1071Sec. 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.
1076 For retained provisions of the Mutual Security Act of 1954, see Legislation on Foreign Relations Through 2001, vol. 1-B. 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).
1077 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
(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;
(7) section 501(a), chapter VI, and sections 702 and 703 of the Mutual Security Act of 1959, as amended; and
(8) section 604 and chapter VIII of the Mutual Security Act of 1960. (b) References in law to the Acts, or provisions of such Acts, repealed by subsection (a) of this section shall hereafter be deemed to be references to this Act or appropriate provisions of this Act.
(c) The repeal of the Acts listed in subsection (a) of this section shall not be deemed to affect amendments contained in such Acts to Acts not named in that subsection.
Sec. 643.1078 Saving Provisions.-a) Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by section 642(a) and the Foreign Assistance Act of 1969 1079 shall continue in full force and effect until modified by appropriate authority.
(b) Wherever provisions of this Act establish conditions which must be complied with before use may be made of authority contained in, or funds authorized by, this Act, compliance with, or satisfaction of, substantially similar conditions under Acts listed in section 642(a) and the Foreign Assistance Act of 1969 or Acts repealed by those Acts shall be deemed to constitute compliance with the conditions established by this Act.
(c) Funds made available pursuant to provisions of law repealed by section 642(a)(2) and the Foreign Assistance Act of 1969 shall, unless otherwise authorized or provided by law, remain available for their original purposes in accordance with the provisions of law originally applicable thereto, or in accordance with the provisions of law currently applicable to those purposes.
* * [Repealed—1962] Sec. 644.1081 Definitions. As used in this Act
(a) “Agency of the United States Government" includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.
(b) “Armed Forces" of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(c) “Commodity” includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.
(d) “Defense article" includes
(d) 1080 *
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.
1078 22 U.S.C. 2402.
1079 The words "and the Foreign Assistance Act of 1969” were added by sec. 308 of the FA Act of 1969.
1080 Subsec. (d) was repealed by sec. 303(a) of the FA Act of 1962. 1081 22 U.S.C. 2403.