Title 22 — Foreign Relations and Intercourse

Part I · Chapter 32 — Foreign Assistance

§ 2361. Completion of plans and cost estimates

Statutory text

Restriction on agreements or grants

No agreement or grant which constitutes an obligation of the United States Government in excess of $500,000 under section 1501 of title 31 shall be made for any assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter—

if such agreement or grant requires substantive technical or financial planning, until engineering, financial, and other plans necessary to carry out such assistance, and a reasonably firm estimate of the cost to the United States Government of providing such assistance, have been completed; and

if such agreement or grant requires legislative action within the recipient country, unless such legislative action may reasonably be anticipated to be completed in time to permit the orderly accomplishment of the purposes of such agreement or grant.

Plans for water or related land resource construction projects; computation of benefits and costs

Plans required under subsection (a) of this section for any water or related land resource construction project or program shall include a computation of benefits and costs made insofar as practicable in accordance with the principles, standards, and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts amendatory or supplementary thereto.

Contracts for construction outside United States; competitive basis

To the maximum extent practicable, all contracts for construction outside the United States made in connection with any agreement or grant subject to subsection (a) of this section shall be made on a competitive basis.

Engineering, financial, and other plans

Subsection (a) of this section shall not apply to any assistance furnished for the sole purpose of preparation of engineering, financial, and other plans.

Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations

In addition to any other requirements of this section, no assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter shall be furnished with respect to any capital assistance project estimated to cost in excess of $1,000,000 until the head of the agency primarily responsible for administering subchapter I of this chapter has received and taken into consideration a certification from the principal officer of such agency in the country in which the project is located as to the capability of the country (both financial and human resources) to effectively maintain and utilize the project taking into account among other things the maintenance and utilization of projects in such country previously financed or assisted by the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1961
Pub. L. 87–195 · 75 Stat. 424
Enacted · 22 U.S.C. § 2361
Pub. L. 87–195, pt. III, § 611, Sept. 4, 1961, 75 Stat. 442
Source evidence
Code source credit
Pub. L. 87–195, pt. III, § 611, Sept. 4, 1961, 75 Stat. 442
1962
Foreign Assistance Act of 1962
Pub. L. 87–565 · 76 Stat. 255
Changed · 22 U.S.C. § 2361(a)
Pub. L. 87–565 included subpart VI of part II of subchapter I of this chapter within the restriction
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–565 included subpart VI of part II of subchapter I of this chapter within the restriction.
1963
Foreign Assistance Act of 1963
Pub. L. 88–205 · 77 Stat. 379
Substituted · 22 U.S.C. § 2361(b)
Pub. L. 88–205 substituted “the Memorandum of the President dated May 15, 1962,” for “circular A–47 of the Bureau of the Budget.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 88–205 substituted “the Memorandum of the President dated May 15, 1962,” for “circular A–47 of the Bureau of the Budget.”
1967
Foreign Assistance Act of 1967
Pub. L. 90–137 · 81 Stat. 445
Added · 22 U.S.C. § 2361(e)
Pub. L. 90–137 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 90–137 added subsec. (e).
1978
Pub. L. 95–424 § 102(g)(2)(D) · 92 Stat. 937
Substituted · 22 U.S.C. § 2361(a)
Pub. L. 95–424, § 102(g)(2)(D), substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, and VI of part II and part IV of subchapter I of this chapter”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–424, § 102(g)(2)(D), substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, and VI of part II and part IV of subchapter I of this chapter”.
Enacted provision · exact public law section
(D) Section 611(a) of such Act is amended by striking out “titles 22 USC 2361. I, II, and VI of chapter 2 and chapter 4 of part I” and inserting in lieu thereof “chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II”.
1978
Pub. L. 95–424 § 102(g)(2)(E) · 92 Stat. 937
Substituted · 22 U.S.C. § 2361(e)
Pub. L. 95–424, § 102(g)(2)(E), substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, or VI of part II or part IV of subchapter I of this chapter”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–424, § 102(g)(2)(E), substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, or VI of part II or part IV of subchapter I of this chapter”.
Enacted provision · exact public law section
(E) Section 611(e) of such Act is amended by striking out “titles I, II, or VI of chapter 2 or chapter 4 of part I of this Act” and inserting in lieu thereof “chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II”.
1979
International Development Cooperation Act of 1979
Pub. L. 96–53 title I § 117 · 93 Stat. 359
Substituted · 22 U.S.C. § 2361(b)
Pub. L. 96–53 substituted “Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973” for “Memorandum of the President dated May 15, 1962”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–53 substituted “Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973” for “Memorandum of the President dated May 15, 1962”.
Enacted provision · exact public law section
Sec. 117. completion of plans and cost estimates Section 611(b) of the Foreign Assistance Act of 1961 is 22 USC 2361. amended by striking out “Memorandum of the President dated May 15, 1962” and inserting in lieu thereof “Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973”.
1985
International Security and Development Cooperation Act of 1985
Pub. L. 99–83 § 1208(1) · 99 Stat. 190
Substituted · 22 U.S.C. § 2361(a)
Pub. L. 99–83, § 1208(1), substituted “$500,000” for “$100,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–83, § 1208(1), substituted “$500,000” for “$100,000”.
Enacted provision · exact public law section
(1) in subsection (a) by striking out “$100,000” and inserting in lieu thereof “$500,000”; and
Effective date note
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
1985
International Security and Development Cooperation Act of 1985
Pub. L. 99–83 § 1211(b)(2) · 99 Stat. 190
Substituted · 22 U.S.C. § 2361(a)
Pub. L. 99–83, § 1211(b)(2), substituted reference to section 1501 of title 31, for reference to section 1311 of the Supplemental Appropriation Act, 1955
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–83, § 1211(b)(2), substituted reference to section 1501 of title 31, for reference to section 1311 of the Supplemental Appropriation Act, 1955.
Enacted provision · exact public law section
(2) Title 31 of the u.s. code.— Section 611(a) of such Act is 22 USC 2361. amended by striking out “section 1311 of the Supplemental Appropriation Act, 1955 as amended (31 U.S.C. 200)” and inserting in lieu thereof “section 1501 of title 31, United States Code”.
Effective date note
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
1985
International Security and Development Cooperation Act of 1985
Pub. L. 99–83 § 1208(2) · 99 Stat. 190
Substituted · 22 U.S.C. § 2361(b)
Pub. L. 99–83, § 1208(2), substituted “the principles, standards, and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts amendatory or supplementary thereto” for “the procedures set forth in the Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973, with respect to such computations”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–83, § 1208(2), substituted “the principles, standards, and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts amendatory or supplementary thereto” for “the procedures set forth in the Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973, with respect to such computations”.
Enacted provision · exact public law section
(2) in subsection (b) by striking out “the procedures set forth in the Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973, with respect to such computations” and inserting in lieu thereof “the principles, standards, and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts amendatory or supplementary thereto”.
Effective date note
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

6 of 10 references resolved to an enrolled provision · 4 partial

Editorial Notes

References in Text

The Water Resources Planning Act, referred to in subsec. (b), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, which is classified generally to chapter 19B (§ 1962 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1962 of Title 42 and Tables.

Amendments1962–1985 · 6 rounds

1985

Subsec. (a). Pub. L. 99–83, § 1208(1), substituted “$500,000” for “$100,000”.

Pub. L. 99–83, § 1211(b)(2), substituted reference to section 1501 of title 31, for reference to section 1311 of the Supplemental Appropriation Act, 1955.

Subsec. (b). Pub. L. 99–83, § 1208(2), substituted “the principles, standards, and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts amendatory or supplementary thereto” for “the procedures set forth in the Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973, with respect to such computations”.

1979

Subsec. (b). Pub. L. 96–53 substituted “Principles and Standards for Planning Water and Related Land Resources, dated October 25, 1973” for “Memorandum of the President dated May 15, 1962”.

1978

Subsec. (a). Pub. L. 95–424, § 102(g)(2)(D), substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, and VI of part II and part IV of subchapter I of this chapter”.

Subsec. (e). Pub. L. 95–424, § 102(g)(2)(E), substituted “part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter” for “subparts I, II, or VI of part II or part IV of subchapter I of this chapter”.

1967

Subsec. (e). Pub. L. 90–137 added subsec. (e).

1963

Subsec. (b). Pub. L. 88–205 substituted “the Memorandum of the President dated May 15, 1962,” for “circular A–47 of the Bureau of the Budget.”

1962

Subsec. (a). Pub. L. 87–565 included subpart VI of part II of subchapter I of this chapter within the restriction.

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.

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.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 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.

Credits

1961–1985 · 7 acts

1961Pub. L. 87–195, pt. III, § 611, Sept. 4, 1961, 75 Stat. 442
1962Pub. L. 87–565, pt. III, § 301(b), Aug. 1, 1962, 76 Stat. 260
1963Pub. L. 88–205, pt. III, § 301(c), Dec. 16, 1963, 77 Stat. 385
1967Pub. L. 90–137, pt. II, § 301(d), Nov. 14, 1967, 81 Stat. 458
1978Pub. L. 95–424, title I, § 102(g)(2)(D), (E), Oct. 6, 1978, 92 Stat. 943
1979Pub. L. 96–53, title I, § 117, Aug. 14, 1979, 93 Stat. 365
1985Pub. L. 99–83, title XII, §§ 1208, 1211(b)(2), Aug. 8, 1985, 99 Stat. 278, 279.

Show as published

(Pub. L. 87–195, pt. III, § 611, Sept. 4, 1961, 75 Stat. 442; Pub. L. 87–565, pt. III, § 301(b), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. III, § 301(c), Dec. 16, 1963, 77 Stat. 385; Pub. L. 90–137, pt. II, § 301(d), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(D), (E), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96–53, title I, § 117, Aug. 14, 1979, 93 Stat. 365; Pub. L. 99–83, title XII, §§ 1208, 1211(b)(2), Aug. 8, 1985, 99 Stat. 278, 279.)