ing 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) Notwithstanding any other law, not to exceed $3,000,000 of the funds available for assistance under this Act 674 may be used in any fiscal year (in addition to funds available for such use under other authorities in this Act) to construct 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 674 may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.

(d) Not to exceed $2,500,000 675 of funds available for assistance under this Act 674 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 674 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,676 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

674 The words "(other than title I of chapter 2 of part I)", 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).

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

676 Sec. 302(m) of the FA Act of 1967 substituted "5533 of title 5 of the United States Code" in lieu of "301 of the Dual Compensation Act (5 U.S.C. 3105)".

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 I 677 may be used for expenses (other than those provided for under section 637(a)) to assist in carrying out functions under chapter 1678 of part I, under the Agricultural Trade Development and Assistance Act of 1954, as amended 679 (7 U.S.C. 1691 et seq.), and under the Latin American Development Act, as amended 680 (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.681 682

(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 683 and defense services on a grant or sales basis by the agency primarily responsible for administering part II; 684

(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,685 in accordance with the provisions of section 5702(c) of title 5 of the United States Code,686 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 685 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.

The reference to ch. 1 of pt. I was substituted in lieu of a reference to sec. 212 by sec. 102g*2*J) of the International Development and Food Assistance Act of 1978 (Public Law 95424; 92 Stat. 943).

The reference to ch. 1 was substituted in lieu of a reference to title I of ch. 2 by sec. 102g 2 J) of the International Development and Food Assistance Act of 1978 (Public Law 95424; 92 Stat. 943).

679 For text, see page 537.

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". See page 407.

681 For text, see page 537.

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

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). 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.

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).

***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),”.

40-730 0-85-13

(h) 687 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) 688 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. 637.689 Administrative Expenses.-(a) 690 *** [Repealed

1978]

*

(b) There is hereby authorized to be appropriated 691 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.692

Sec. 638.693 Exclusions.694-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.695 696

*

Sec. 639.697 Famine or Disaster Relief.—* *[Repealed-1975] Sec. 639A.698 Disaster Relief Assistance.-* * * [Redesignated1975]

Sec. 639B.699 African Development Program.—* *. [Redesignated-1975]

[Repealed-1968]

Sec. 640.700 Military Sales.-* * * Sec. 640A.701 False Claims and Ineligible Commodities.—(a) Any person who makes or causes to be made or presents or causes to be

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

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

689 22 U.S.C. 2397.

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

691 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.

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

693 22 U.S.A. 2398, sec. 638 was added by sec. 302(h) of the FA Act of 1963.

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

695 12 U.S.C. 635.

696 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.

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

695 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.

699 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.

700 Sec. 640 was repealed by sec. 45(a) of the Foreign Military Sales Act (Public Law 90-629). 701 22 U.S.C. 2399 Sec. 640A was added by sec. 302(f) of the FA Act of 1968.

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 so to do, (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. Coordination.702-(a) The President shall establish a system for coordination of United States policies and programs

702 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act of 1973.

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.703 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.704

(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) 705*

*

* [Repealed-1978]

(e) 706 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) 706 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

703 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 96-53; 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).

704 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).

705 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.

706 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).