(4) arrange for the exchange of information and studies between such agencies and departments. (g) 707* * * [Repealed-1981] Sec. 640C.708 Shipping Differential.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 709 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. 641.710 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 Statutes Repealed.-(a) There are hereby repealed(1) Reorganization Plan Numbered 7 of 1953; (2) the Mutual Security Act of 1954, as amended (except sections 711 402, 408, 417, 502(a), 502(b), 514, 523(d) and 536; 712 713 (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 (b) References in law to the Acts, or provisions of such Acts, repealed by subsection (a) of this section shall hereafter be deemed to be references to this Act or appropriate provisions of this Act. 107 Subsec. (g), as added by sec. 127(c) of Public Law 95-88 (91 Stat. 543) and amended by sec. 502d 2) of Public Law 95-424 (92 Stat. 959), was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).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 177). 709 The reference to ch. 4 of pt. II was substituted in lieu of a reference to pt. V by sec. 708 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159). Tie 22 U.S.C. 2401. 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. 12 For text see Retained Provisions, page 411, subsecs. (a), (c), and (d) of sec. 405 of the Mutual Security Act of 1954, as amended, and subsec. (c) of sec. 451 of such Act, 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). 713 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. (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. 643.714 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 715 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. (d) 716*** [Repealed-1962] Sec. 644.717 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 assist ance. (d) "Defense article" includes (1) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war; (2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance; (3) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing storage, construction, transportation, operation, or use of any article listed in this subsection; or (4) any component or part of any article listed in this subsection; but shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011), source material (except uranium depleted in the isotope 235 which is incorporated 714 22 U.S.C. 2402. 715 The words "and the Foreign Assistance Act of 1969" were added by sec. 308 of the FA Act of 1969. 716 Subsec. (d) was repealed by sec. 303(a) of the FA Act of 1962. 717 22 U.S.C. 2403. in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity),718 byproduct material, special nuclear material, production facilities,719 utilization facilities, or atomic weapons or articles involving Restricted Data.719 (e) "Defense information" includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but shall not include Restricted Data as defined by the Atomic Energy Act of 1954, as amended, and data removed from the Restricted Data category under section 142d of that Act.720 (f) 721 "Defense service" includes any service, test, inspection, repair, publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under chapter 5 of part II. (g) 722 "Excess defense articles" means the quantity of defense articles owned by the United States Government, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this Act. (h) "Function" includes any duty, obiigation, power, authority, responsibility, right, privilege, discretion, or activity. (i) 723 * * * [Repealed-1973] (j) "Officer or employee" means civilian personnel and members of the Armed Forces of the United States Government. (k) "Services" include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance. (1) "Surplus agricultural commodity" means any agricultural commodity or product thereof, class, kind, type, or other specifica 718 The parenthetical phrase was added by sec. 22 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 710). 719 Sec. 303(a)(1) of the FA Act of 1967 added the words "production facilities, utilization facilities," and "or articles involving Restricted Data." 720 Sec. 303(a)(2) of the FA Act of 1967 struck out the words "and formerly Restricted Data" which appeared after the words "Restricted Data," and added the words to this point beginning with ", and data removed." 721 Subsec. (f) was amended by Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733). It formerly read as follows: "Defense service' includes any service, test, inspection, repair, training, publication, or technical or other assistance, or defense information used for the purposes of furnishing military assistance. Training' includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces." 722 Sec. 22(1) of the FA Act of 1973 amended subsect. (g), which formerly read as follows: "(g) 'Excess defense articles' means the quantity of defense articles owned by the United States Government, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the mobilization reserve at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this Act." 23 Subsec. (i), which related to mobilization reserve, was repealed by sec. 22(2) of the FA Act of tion thereof, produced in the United States either publicly or privately owned, which is in excess of domestic requirements, adequate carryover, and anticipated exports for United States dollars, as determined by the Secretary of Agriculture. (m) 724 "Value" means— (1) with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying the article, except that for purposes of section 632(d) such actual value shall not be taken into account; (2) with respect to a nonexcess defense article delivered from inventory to foreign countries or international organizations under this Act, the acquisition cost to the United States Government, adjusted as appropriate for condition and market value; (3) with respect to a nonexcess defense article delivered from new procurement to foreign countries or international organ:zations under this Act, the contract or production costs of such article; (4) with respect to a defense service, the cost to the United States Government of such service; and (5) 725 with respect to military education and training or services provided under chapter 8 of part II of this Act, the additional costs that are incurred by the United States Government in furnishing such assistance. (n) 726 "Military education and training" includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces. 724 Sec. 22(3) of the FA Act of 1973 amended subsec. (m), which formerly read as follows: "(m) 'Value' means, other than in section 657 of this Act "(1) with respect to excess defense articles, the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such articles; "(2) with respect to nonexcess defense articles delivered from inventory to countries or international organizations under this Act, the standard price in effect at the time such articles are dropped from inventory by the supplying agency. Such standard price shall be the same price (including authorized reduced prices) used for transfers or sales of such articles in or between the Armed Forces of the United States Government, or, where such articles are not transferred or sold in or between the Armed Forces of the United States, the gross cost to the United States Government adjusted as appropriate for condition and market value; and "(3) with respect to nonexcess defense articles delivered from new procurement to countries or international organizations under this Act, the contract or production costs of such articles. "Military assistance programs and orders shall be based upon the best estimates of stock status and prevailing prices: reimbursements to the supplying agency shall be made on the basis of the stock status and prices determined pursuant to this section. Notwithstanding the foregoing provisions of this section, the Secretary of Defense may prescribe regulations authorizing reimbursements to the supplying agency based on negotiated prices for aircraft, vessels, plant equipment and such other major items as he may specify: Provided, That such articles are not excess at the time such prices are negotiated: Provided further, That such prices are negotiated at the time firm orders are placed with the supplying agency." 725 Par. (5) was added by sec. 115(b)(1) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3140). The reference to chapter 8 of part II was added by the International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). Pursuant to Public Law 98-151, this amendment was enacted as contained in title II of H.R. 2992, as reported by the House Committee on Foreign Affairs on May 17, 1983. 726 Subsec. (n) was added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733). (0) 727 "Agriculture" includes aquaculture and fisheries. (p) 727 "Farmers" includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters. Sec. 645.728 Unexpended Balances.-Unexpended balances of funds made available pursuant to this Act, the Mutual Security Act of 1954, as amended, or the Latin American Development Act, as amended 729 are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this Act. Sec. 646.73 730 Construction.-If any provision of this Act, or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the applicability of such provision to other circumstances or persons shall not be affected thereby. Sec. 647.731 Dependable Fuel Supply.-It is of paramount importance that long-range economic plans take cognizance of the need for a dependable supply of fuels, which is necessary to orderly and stable development and growth, and that dependence not be placed upon sources which are inherently hostile to free countries and the ultimate well-being of economically underdeveloped countries and which might exploit such dependence for ultimate political domination. The agencies of government in the United States are directed to work with other countries in developing plans for basing development programs on the use of the large and stable supply of relatively low cost fuels available in the free world. Sec. 648.732 Special Authorization for Use of Foreign Currencies. Subject to the provisions of section 1415 of the Supplemental Appropriation Act, 1953,733 the President is authorized, as a demonstration of good will on the part of the people of the United States for the Polish and Italian people, to use foreign currencies accruing to the United States Government under this or any other Act, for assistance on such terms and conditions as he may specify, in the repair, rehabilitation, improvement, and maintenance of cemeteries in Italy serving as the burial place of members of the armed forces of Poland who died in combat in Italy during World War II. Sec. 649.734 Limitation on Aggregate Authorization for Use in Fiscal Year 1966.-*** [Repealed-1978] "Subsecs. (o) and (p) were added by sec. 103(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 945). 72 22 U.S.C. 2404. Sec. 304 of the FA Act of 1963 amended sec. 645, which formerly read as follows: "Unexpended balances of funds made available pursuant to this Act or the Mutual Security Act of 1954, as amended, are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this Act." "Sec. 303(c) of the FA Act of 1965 substituted "the Latin American Development Act, as amended" for "Public Law 86-735". 730 22 U.S.C. 2406. 22 U.S.C. 2405. 22 U.S.C. 2407. Sec. 648 was added by sec. 303, of the FA Act of 1964. 713 Revised and now codified at 31 U.S.Č. 1306. For text, see page 417. Sec. 649, which had been added by the FA Act of 1965, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). |