ages, 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.1139 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.1140 The Committee shall advise the President concerning

1139 22 U.S.C. 2399. Sec. 21 of the FA Act of 1973 (Public Law 93-189) added sec. 640B. Sec. 1523 of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of division G of Public Law 105–277; 112 Stat. 2681-794; 22 U.S.C. 6593) provided the following:

"SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.

"(a) AUTHORITY OF THE SECRETARY OF STATE. —

"(1) IN GENERAL.-Under the direction of the President, the Secretary of State shall coordinate all United States assistance in accordance with this section, except as provided in paragraphs (2) and (3).

"(2) EXPORT PROMOTION ACTIVITIES.-Coordination of activities relating to promotion of exports of United States goods and services shall continue to be primarily the responsibility of the Secretary of Commerce.

"(3) INTERNATIONAL ECONOMIC ACTIVITIES.-Coordination of activities relating to United States participation in international financial institutions and relating to organization of multilateral efforts aimed at currency stabilization, currency convertibility, debt reduction, and comprehensive economic_reform programs shall continue to be primarily the responsibility of the Secretary of the Treasury.

“(4) AUTHORITIES AND POWERS OF THE SECRETARY OF STATE. -The powers and authorities of the Secretary provided in this chapter are in addition to the powers and authorities provided to the Secretary under any other Act, including section 101(b) and section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(b), 2382(c)).

"(b) COORDINATION ACTIVITIES.-Coordination activities of the Secretary of State under subsection (a) shall include

"(1) approving an overall assistance and economic cooperation strategy;

“(2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in the Foreign Assistance Act of 1961, the Arms Export Control Act, and other relevant assistance Acts;

“(3) pursuing coordination with other countries and international organizations; and

"(4) resolving policy, program, and funding disputes among United States Government agencies.

"(c) STATUTORY CONSTRUCTION.-Nothing in this section may be construed to lessen the accountability of any Federal agency administering any program, project, or activity of United States assistance for any funds made available to the Federal agency for that purpose.

“(d) AUTHORITY TO PROVIDE PERSONNEL OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT. — The Administrator of the Agency for International Development is authorized to detail to the Department of State on a nonreimbursable basis such personnel employed by the Agency as the Secretary of State may require to carry out this section.".

1140 Sec. 118 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 365) added Representatives from the Department of Energy to this list of Committee members. The function of the head of the agency primarily responsible for administering part Continued

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.1141

(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) 1142 *** [Repealed-1978]

(e) 1143 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) 1143 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) 1144 ***

**[Repealed-1981]

Sec. 640C.1145 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 1146 may be used to make grants to recipients to pay all or any

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).

1141 Sec. 127(a) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) added this sentence.

1142 Sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed subsec. (d), which had required an annual report from the President regarding U.S. actions affecting the development of less developed countries. A similar report is now required under sec. 634.

1143 Sec. 127(c) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543) added subsecs. (e) and (f).

1144 Subsec. (g), 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).

1145 22 U.S.C. 2399d. Added by sec. 21 of the FA Act of 1973 (Public Law 93–189).

1146 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 96533; 94 Stat. 3159).

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. 641.1147 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 1148 402, 408, 417, 502(a), 502(b), 514, 523(d) and 536; 1149, 1150

(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. 643.1151 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 1152 shall continue in full force and effect until modified by appropriate authority.

1147 22 U.S.C. 2401.

1148 Sec. 303(a) of the FA Act of 1965 (Public Law 89-171) struck out reference to sec. 143 of the Mutual Security Act of 1954, as amended.

1149 For retained provisions of the Mutual Security Act of 1954, see Legislation on Foreign Relations Through 2004, vol. I-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).

1150 Sec. 303(a) of the FA Act of 1965 (Public Law 89-171) struck out “: 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" at this point.

1151 22 U.S.C. 2402.

1152 Sec. 308 of the FA Act of 1969 (Public Law 91-175) inserted "and the Foreign Assistance Act of 1969".

(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) 1153*** [Repealed-1962]

Sec. 644.1154 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 in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), 1155 byproduct material, special nuclear material, production facilities,1156 utilization facilities, or atomic weapons or articles involving Restricted Data, 1156

(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

1153 Sec. 303(a) of the FA Act of 1962 (Public Law 87-565) repealed subsec. (d).

1154 22 U.S.C. 2403.

1155 Sec. 22 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 710) added the parenthetical phrase.

1156 Sec. 303(a)(1) of the FÀ Act of 1967 (Public Law 90-137) inserted “production facilities, utilization facilities," and "or articles involving Restricted Data.".

the Atomic Energy Act of 1954, as amended, and data removed from the Restricted Data category under section 142d of that Act. 1157

(f) 1158 "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) 1159 "Excess defense articles" means the quantity of defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) 1160 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, obligation, power, authority, responsibility, right, privilege, discretion, or activity. (i) 1161 *** [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 specification 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) 1162 "Value” means

1157 Sec. 303(a)(2) of the FA Act of 1967 (Public Law 90-137) struck out "and formerly Restricted Data", which appeared after "Restricted Data," and added “, and data removed from the Restricted Data category under section 142d of that Act".

115 Sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) amended and restated subsec. (f). 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.".

1159 Sec. 22(1) of the FA Act of 1973 (Public Law 93-189) amended and restated subsec. (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.".

1160 Sec. 9(b) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) inserted "(other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors)" after "articles".

1161 Sec. 22(2) of the FA Act of 1973 (Public Law 93-189) repealed subsec. (i), which related to mobilization reserve.

1162 Sec. 22(3) of the FA Act of 1973 (Public Law 93-189) amended subsec. (m), which formerly read as follows:

Continued