
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2361]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2361. Completion of plans and cost estimates


(a) 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--
        (1) 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
        (2) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

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

                       References in Text

    The Water Resources Planning Act, referred to in subsec. (b), is 
Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is 
classified generally to chapter 19B (Sec. 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.


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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 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.


                               Amendments

    1985--Subsec. (a). Pub. L. 99-83, Sec. 1208(1), substituted 
``$500,000'' for ``$100,000''.
    Pub. L. 99-83, Sec. 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, Sec. 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, Sec. 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, Sec. 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.


                    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.
