22 U.S.C. § 2421d — Funding for capital projects

Page 940 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2421d of Pub. L. 102–549, Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and Competitiveness Act of 1992, which enacted sections 2421a to 2421e of this title and provi- sions set out as notes under section 2421a of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2421a of this title and Tables. CODIFICATION Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the For- eign Assistance Act of 1961 which comprises this chap- ter. § 2421d. Funding for capital projects (a) Funding level The Congress strongly urges the President to use at least $650,000,000 for fiscal year 1993 and at least $700,000,000 for fiscal year 1994 of the total amounts made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] (relating to the economic support fund), assistance under the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.], assistance under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Sup- port Act of 1992, and assistance under the Multi- lateral Assistance Initiative for the Philippines, for grants for developmentally sound capital projects. Such grants may be combined with fi- nancing offered by private financial entities or other entities. (b) Development assistance capital projects Funds appropriated to carry out chapter 1 or chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq., 2293 et seq.] (relating to development assistance and the De- velopment Fund for Africa) may not be used for capital projects that do not meet the criteria contained in section 2421b of this title. This sub- section does not apply with respect to capital projects for which funds have been obligated or expended before October 28, 1992. (Pub. L. 102–549, title III, § 306, Oct. 28, 1992, 106 Stat. 3660.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- secs. (a) and (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 10 of part I of the Act is classified gen- erally to part X (§ 2293 et seq.) of subchapter I of chap- ter 32 of this title. Chapter 4 of part II of the Act is classified generally to part IV (§ 2346 et seq.) of sub- chapter II of chapter 32 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (a), is Pub. L. 101–179, Nov. 28, 1989, 103 Stat. 1298, which is classified prin- cipally to chapter 63 (§ 5401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of this title and Tables. The Freedom for Russia and Emerging Eurasian De- mocracies and Open Markets Support Act of 1992, re- ferred to in subsec. (a), is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. CODIFICATION Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the For- eign Assistance Act of 1961 which comprises this chap- ter. § 2421e. Definitions For purposes of sections 2421a to 2421e of this title— (1) the term ‘‘AID’’ means the Agency for International Development; and (2) the term ‘‘capital project’’ means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastruc- ture, including related engineering design (concept and detail) and other services, the procurement of equipment (including any re- lated services), and feasibility studies or simi- lar engineering and economic services. (Pub. L. 102–549, title III, § 308, Oct. 28, 1992, 106 Stat. 3660.) Editorial Notes REFERENCES IN TEXT Sections 2421a to 2421e of this title, referred to in text, was in the original ‘‘this title’’ meaning title III of Pub. L. 102–549, Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and Competitiveness Act of 1992, which enacted sections 2421a to 2421e of this title and provi- sions set out as notes under section 2421a of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2421a of this title and Tables. CODIFICATION Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the For- eign Assistance Act of 1961 which comprises this chap- ter. § 2421f. Sustainability requirements for certain capital projects in connection with overseas contingency operations (a) Limitation (1) In general Commencing 60 days after January 2, 2013— (A) amounts authorized to be appropriated for the Department of Defense may not be obligated or expended for a capital project described in subsection (b) unless the Sec- retary of Defense, in consultation with the United States commander of military oper- ations in the country in which the project will be carried out, completes an assessment on the necessity and sustainability of the project; (B) amounts authorized to be appropriated for the Department of State may not be obli- gated or expended for a capital project de- scribed in subsection (b) unless the Sec- retary of State, in consultation with the Chief of Mission in the country in which the project will be carried out, completes an as- sessment on the necessity and sustainability of the project; and (C) amounts authorized to be appropriated for the United States Agency for Inter-