22 U.S.C. § 2360 — Transfer of funds between accounts

Page 838 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2359 States Government, or (2) it has been deter- mined in the same manner as provided for sur- plus property in section 549(a) to (e) of title 40, that such property is not needed for donation pursuant to those subsections. The foregoing re- strictions shall not apply to the transfer in any fiscal year for use pursuant to the provisions of subchapter I of this chapter of amounts of such property with a total original acquisition cost to the United States Government not exceeding $45,000,000. (Pub. L. 87–195, pt. III, § 608, Sept. 4, 1961, 75 Stat. 441; Pub. L. 89–583, pt. III, § 301(c), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90–137, pt. III, § 301(b), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(C), Oct. 6, 1978, 92 Stat. 942; Pub. L. 97–113, title VII, § 701, Dec. 29, 1981, 95 Stat. 1543.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for references to the Federal Property and Administrative Services Act of 1949, as amended, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a), ‘‘section 1535(d) of title 31’’ substituted for ‘‘section 1210 of the General Appropriation Act, 1951 (64 Stat. 765) [31 U.S.C. 686–1]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. In subsec. (b), ‘‘section 549(a) to (e) of title 40’’ sub- stituted for ‘‘section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended’’ and ‘‘those subsections’’ substituted for ‘‘that subsection’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1981—Subsec. (a). Pub. L. 97–113 authorized for sub- chapter I assistance use of property already owned by an agency of the United States (if a substantial savings would occur) as supplementary to procurement of new items for United States-assisted projects and programs and use of separate account funds for payment of costs of any property available from an agency of the United States. 1978—Subsec. (a). Pub. L. 95–424 substituted ‘‘part 1 of subchapter 1 of this chapter’’ for ‘‘section 2172 of this title’’. 1967—Subsec. (a). Pub. L. 90–137 required, in fur- nishing assistance under subchapter I of this chapter, utilization of excess personal property wherever prac- ticable in lieu of new items for United States-assisted projects and programs. 1966—Subsec. (a). Pub. L. 89–583 permitted personnel costs attributable to the excess property program to be charged to the separate account for the advance acqui- sition of property. 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 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. 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. § 2359. Repealed. Pub. L. 105–277, div. A, § 101(d) [title V, § 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180 Section, Pub. L. 87–195, pt. III, § 609, Sept. 4, 1961, 75 Stat. 442, related to special accounts for proceeds from sales of commodities furnished on a grant basis. § 2360. Transfer of funds between accounts (a) Necessity of transfer; limitations Whenever the President determines it to be necessary for the purposes of this chapter, not to exceed 10 per centum of the funds made avail- able for any provision of this chapter (except funds made available pursuant to subpart IV of part II of subchapter I of this chapter or for sec- tion 2763 of this title) may be transferred to, and consolidated with, the funds made available for any provision of this chapter (except funds made available under part II of subchapter II of this chapter), and may be used for any of the pur- poses for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be in- creased by more than 20 per centum of the amount of funds made available for such provi- sion. (b) Augmentation of other appropriations The authority contained in this section and in sections 2261, 2318 and 2364 of this title, shall not be used to augment appropriations made avail- able pursuant to sections 2396(g)(1) and 2397 of this title or used otherwise to finance activities which normally would be financed from appro- priations for administrative expenses. (c) Military and development assistance pur- poses Any funds which the President has notified Congress pursuant to section 2413 of this title that he intends to provide in military assistance to any country may be transferred to, and con- solidated with, any other funds he has notified Congress pursuant to such section that he in- tends to provide to that country for develop- ment assistance purposes. (Pub. L. 87–195, pt. III, § 610, Sept. 4, 1961, 75 Stat. 442; Pub. L. 87–565, pt. III, § 301(a), Aug. 1, 1962, 76 Stat. 260; Pub. L. 89–371, § 3, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89–583, pt. III, § 301(d), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90–137, pt. III, § 301(c), Nov. 14, 1967, 81 Stat. 458; Pub. L. 91–175, pt. III, Page 839 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2361 § 301, Dec. 30, 1969, 83 Stat. 820; Pub. L. 93–559, § 19(a), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 95–384, § 10(b)(2), Sept. 26, 1978, 92 Stat. 735; Pub. L. 101–623, § 10(a), Nov. 21, 1990, 104 Stat. 3356.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–623 inserted ‘‘or for sec- tion 2763 of this title’’ after ‘‘subchapter I of this chap- ter’’ and struck out ‘‘other’’ after second reference to ‘‘funds made available for any’’. 1978—Subsec. (b). Pub. L. 95–384 struck out provisions authorizing transfer and consolidation of not to exceed $9,000,000 of the funds appropriated under section 2242 of this title with the funds appropriated under section 2397(a) of this title to be available solely for additional administrative expenses incurred in connection with programs in Vietnam. 1974—Subsec. (a). Pub. L. 93–559, § 19(a)(1), inserted provisions excepting funds made available under part II of subchapter II of this chapter from the designation of funds subject to consolidation. Subsec. (c). Pub. L. 93–559, § 19(a)(2), added subsec. (c). 1969—Subsec. (a). Pub. L. 91–175 inserted provision ex- cepting funds made available pursuant to subpart IV of part II of subchapter I of this chapter form the designa- tion of funds subject to consolidation. 1967—Subsec. (b). Pub. L. 90–137 increased limitation on funds available for transfer from $5,000,000 to $9,000,000. 1966—Subsec. (b). Pub. L. 89–583 substituted provi- sions authorizing transfer of $5,000,000 for administra- tive expenses for any fiscal year incurred in connection with programs in Vietnam for provisions authorizing transfer of $1,400,000 for administrative expenses for fis- cal year 1966 incurred in connection with programs in the Republic of Vietnam. Pub. L. 89–371 authorized transfer of $1,400,000 for ad- ministrative expenses for fiscal year 1966 incurred in connection with programs in the Republic of Vietnam. 1962—Pub. L. 87–565 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–623, § 10(b), Nov. 21, 1990, 104 Stat. 3356, provided that: ‘‘The amendments made by subsection (a) [amending this section] apply with respect to funds made available for fiscal year 1991 or any fiscal year thereafter.’’ 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. § 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, sub- part 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 sub- stantive technical or financial planning, until engineering, financial, and other plans nec- essary to carry out such assistance, and a rea- sonably 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 legis- lative action within the recipient country, un- less 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 con- struction projects; computation of benefits and costs Plans required under subsection (a) of this sec- tion for any water or related land resource con- struction 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 supple- mentary thereto. (c) Contracts for construction outside United States; competitive basis To the maximum extent practicable, all con- tracts 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 main- tain 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 sub- chapter II of this chapter shall be furnished with respect to any capital assistance project esti- mated to cost in excess of $1,000,000 until the head of the agency primarily responsible for ad- ministering subchapter I of this chapter has re- ceived and taken into consideration a certifi- cation 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 utili- zation of projects in such country previously fi- nanced or assisted by the United States. (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;