22 U.S.C. § 2401 — Effective date; identification of programs

Page 924 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2399d (f) Studies To carry out the purposes of subsection (a), the Committee shall— (1) prepare studies on various development problems; (2) devise implementation strategies on de- velopmental problems appropriate to each such department or agency; (3) monitor and evaluate the results of the development activities of each such depart- ment or agency; and (4) arrange for the exchange of information and studies between such agencies and depart- ments. (Pub. L. 87–195, pt. III, § 640B, as added Pub. L. 93–189, § 21, Dec. 17, 1973, 87 Stat. 725; amended Pub. L. 95–88, title I, § 127, Aug. 3, 1977, 91 Stat. 542; Pub. L. 95–424, title V, § 502(d), Oct. 6, 1978, 92 Stat. 959; Pub. L. 96–53, title I, § 118, Aug. 14, 1979, 93 Stat. 365; Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.) Editorial Notes AMENDMENTS 1981—Subsec. (g). Pub. L. 97–113 struck our subsec. (g) which required annual reports to Congress by the Chairman of the Development Coordination Committee on the activities of the Committee respecting aid to low-income countries. See section 2394(a) of this title. 1979—Subsec. (a). Pub. L. 96–53 inserted reference to Department of Energy. 1978—Subsec. (d). Pub. L. 95–424, § 502(d)(1), struck out subsec. (d) relating to annual reports to Congress by the President on United States actions affecting the de- velopment of less developed countries. Subsec. (g). Pub. L. 95–424, § 502(d)(2), substituted ‘‘section 2394 of this title, the Chairman of the Com- mittee’’ for ‘‘subsection (d) of this section, the Presi- dent’’. 1977—Subsec. (a). Pub. L. 95–88, § 127(a), provided that the Committee advise the President concerning the de- gree to which bilateral and multilateral development assistance should focus on critical problems in those functional sectors which affect the lives of the major- ity of people in the developing countries: food produc- tion; rural development and nutrition; population plan- ning and health; and education, public administration, and human resource development. Subsec. (d). Pub. L. 95–88, § 127(b), substituted ‘‘less developed countries’’ for ‘‘low-income countries’’ in the description of the subject matter of the Presidential re- ports to Congress, designated existing provisions set- ting out the subject matter of the reports as cl. (2)(A), and added cls. (1) and (2)(B). Subsecs. (e) to (g). Pub. L. 95–88, § 127(c), added sub- secs. (e) to (g). Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2399d. Shipping differential For the purpose of facilitating implementa- tion of section 55305 of title 46, funds made avail- able for the purposes of part I of subchapter I of this chapter or for purposes of part IV of sub- chapter II of this chapter may be used to make grants to recipients to pay all or any portion of such differential as is determined by the Sec- retary 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 cur- rencies wherever feasible. (Pub. L. 87–195, pt. III, § 640C, as added Pub. L. 93–189, § 21, Dec. 17, 1973, 87 Stat. 726; amended Pub. L. 96–533, title VII, § 708, Dec. 16, 1980, 94 Stat. 3159.) Editorial Notes CODIFICATION In text, ‘‘section 55305 of title 46’’ substituted for ‘‘section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b))’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 55305 of Title 46, Shipping. AMENDMENTS 1980—Pub. L. 96–533 substituted ‘‘part IV of sub- chapter II of this chapter’’ for ‘‘subchapter IV of this chapter’’. Statutory Notes and Related Subsidiaries REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293 References to part I of subchapter I of this chapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. PART III—MISCELLANEOUS PROVISIONS § 2401. Effective date; identification of programs This chapter shall take effect on September 4, 1961. Programs under this chapter shall be iden- tified appropriately overseas as ‘‘American Aid’’. (Pub. L. 87–195, pt. III, § 641, Sept. 4, 1961, 75 Stat. 460.) Page 925 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2403 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Statutory Notes and Related Subsidiaries USAID BRANDING MODERNIZATION Pub. L. 116–334, Jan. 13, 2021, 134 Stat. 5115, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘USAID Branding Mod- ernization Act’. ‘‘SEC. 2. AUTHORIZATION FOR BRANDING. ‘‘(a) IN GENERAL.—The Administrator of the United States Agency for International Development (referred to in this section as ‘USAID’), in coordination with the Secretary of State, as appropriate, and with due consid- eration for the safety and security of implementing partners and beneficiaries, is authorized to prescribe, as appropriate, the use of logos or other insignia of the USAID Identity, or the use of additional or substitute markings, including the United States flag, to appro- priately identify, including as required by section 641 of the Foreign Assistance Act of 1961 (22 U.S.C. 2401), over- seas programs administered by USAID. ‘‘(b) AUDIT.—Not later than 1 year after the date of the enactment of this Act [Jan. 13, 2021], the Inspector General of USAID shall submit to Congress an audit of compliance with relevant branding and marking re- quirements of USAID by implementing partners funded by USAID, including any requirements prescribed pur- suant to the authorization under subsection (a).’’ Executive Documents EXECUTIVE ORDER NO. 13964 Ex. Ord. No. 13964, Dec. 10, 2020, 85 F.R. 81333, which related to rebranding United States foreign assistance to advance American influence, was revoked by Ex. Ord. No. 14029, § 1, May 14, 2021, 86 F.R. 27025. § 2402. Saving provisions (a) Determinations, authorizations, regulations, orders, contracts, agreements, etc., under prior law Except as may be expressly provided to the contrary in this chapter, all determinations, au- thorizations, regulations, orders, contracts, agreements, and other actions issued, under- taken, or entered into under authority of any provision of law repealed by section 642(a) and the Foreign Assistance Act of 1969 shall con- tinue in full force and effect until modified by appropriate authority. (b) Compliance with similar provisions of prior law as compliance with this chapter Wherever provisions of this chapter establish conditions which must be complied with before use may be made of authority contained in, or funds authorized by, this chapter, 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 con- stitute compliance with the conditions estab- lished by this chapter. (c) Continued availability of funds appropriated pursuant to prior law Funds made available pursuant to provisions of law repealed by section 642(a)(2) and the For- eign Assistance Act of 1969 shall, unless other- wise authorized or provided by law, remain available for their original purposes in accord- ance with the provisions of law originally appli- cable thereto, or in accordance with the provi- sions of law currently applicable to those pur- poses. (Pub. L. 87–195, pt. III, § 643, Sept. 4, 1961, 75 Stat. 460; Pub. L. 87–565, pt. III, § 303(a), Aug. 1, 1962, 76 Stat. 263; Pub. L. 91–175, pt. III, § 308, Dec. 30, 1969, 83 Stat. 821.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Section 642(a), referred to in text, means section 642(a) of Pub. L. 87–195, which is set out as a note under section 2151 of this title. The Foreign Assistance Act of 1969, referred to in sub- secs. (a) to (c), is Pub. L. 91–175, Dec. 30, 1969, 83 Stat. 805. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1969—Subsec. (a). Pub. L. 91–175 inserted ‘‘and Foreign Assistance Act of 1969’’ after ‘‘section 642(a),’’ and ‘‘sec- tion 642(a)(2)’’. 1962—Subsec. (d). Pub. L. 87–565 repealed subsec. (d) which provided that nothing in the chapter was to af- fect the Peace Corps pending enactment of the Peace Corps Act or adjournment of the first session of the 87th Congress, whichever was earlier. § 2403. Definitions As used in this chapter— (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, arti- cle, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance. (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 manu- facture, production, processing repair, serv- icing, storage, construction, transportation, operation, or use of any article listed in this subsection; or (4) any component or part of any article list- ed in this subsection; but