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Title 22 — Foreign Relations and Intercourse

Part I · Chapter 32 — Foreign Assistance

§ 2367. Termination expenses

Statutory text

(a)

In general

Funds made available under this chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.], may remain available for obligation for a period not to exceed 8 months from the date of any termination of assistance under such chapter or Act for the necessary expenses of winding up programs related to such termination and may remain available until expended. Funds obligated under the authority of such chapter or Act prior to the effective date of the termination of assistance may remain available for expenditure for the necessary expenses of winding up programs related to such termination notwithstanding any provision of law restricting the expenditure of funds. In order to ensure the effectiveness of such assistance, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated.

(b)

Liability to contractors

For the purpose of making an equitable settlement of termination claims under extraordinary contractual relief standards, the President is authorized to adopt as a contract or other obligation of the United States Government, and assume (in whole or in part) any liabilities arising thereunder, any contract with a United States or third-country contractor that had been funded with assistance under such chapter or Act prior to the termination of assistance.

(c)

Termination expenses

Amounts certified as having been obligated for assistance subsequently terminated by the President, or pursuant to any provision of law, shall continue to remain available and may be reobligated to meet any necessary expenses arising from the termination of such assistance.

(d)

Guaranty programs

Provisions of this chapter or any other Act requiring the termination of assistance under this chapter or any other Act shall not be construed to require the termination of guarantee commitments that were entered into prior to the effective date of the termination of assistance.

(e)

Relation to other provisions

Unless specifically made inapplicable by another provision of law, the provisions of this section shall be applicable to the termination of assistance pursuant to any provision of law.

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.

  1. Pub. L. 87–195 · 75 Stat. 424

    Enacted · 22 U.S.C. § 2367

    Pub. L. 87–195, pt. III, § 617, Sept. 4, 1961, 75 Stat. 444

    Source evidence

    Code source credit
    Pub. L. 87–195, pt. III, § 617, Sept. 4, 1961, 75 Stat. 444

  2. Foreign Assistance Act of 1973

    Pub. L. 93–189 § 14 · 87 Stat. 714

    Substituted · 22 U.S.C. § 2367

    Pub. L. 93–189 substituted “eight months” for “twelve months”

    Source evidence

    Code amendment note
    Pub. L. 93–189 substituted “eight months” for “twelve months”.

    Enacted provision · exact public law section
    Sec. 14. termination of assistance Section 617 of the Foreign Assistance Act of 1961 is amended by striking out “twelve” and inserting in lieu thereof “eight”.

  3. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 title III § 310 · 94 Stat. 3131

    Changed · 22 U.S.C. § 2367

    Pub. L. 96–533 authorized expenses for termination of programs to include completion of training or studies for students commenced outside their countries of origin prior to such termination

    Source evidence

    Code amendment note
    Pub. L. 96–533 authorized expenses for termination of programs to include completion of training or studies for students commenced outside their countries of origin prior to such termination.

    Enacted provision · exact public law section
    Sec. 310. participant training Section 617 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new sentence: “In order to ensure the effectiveness of assistance under this Act, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated.”.

  4. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(7)(dB)(tXII)(s1221) · 113 Stat. 1501

    Inserted · 22 U.S.C. § 2367

    Pub. L. 106–113 inserted at end “Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.”

    Source evidence

    Code amendment note
    Pub. L. 106–113 inserted at end “Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.”

  5. Global AIDS and Tuberculosis Relief Act of 2000

    Pub. L. 106–264 title III § 302 · 114 Stat. 748

    Amended · 22 U.S.C. § 2367

    Pub. L. 106–264 amended section generally. Prior to amendment, section read as follows: “Assistance under any provision of this chapter may, unless sooner terminated by the President, be terminated by concurrent resolution. Funds made available under this chapter shall remain available for a period not to exceed eight months from the date of termination of assistance under this chapter for the necessary expenses of winding up programs related thereto. In order to ensure the effectiveness of assistance under this chapter, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated. Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.”

    Source evidence

    Code amendment note
    Pub. L. 106–264 amended section generally. Prior to amendment, section read as follows: “Assistance under any provision of this chapter may, unless sooner terminated by the President, be terminated by concurrent resolution. Funds made available under this chapter shall remain available for a period not to exceed eight months from the date of termination of assistance under this chapter for the necessary expenses of winding up programs related thereto. In order to ensure the effectiveness of assistance under this chapter, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated. Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.”

    Enacted provision · exact public law section
    SEC. 302. TERMINATION EXPENSES. Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367) is amended to read as follows: “SEC. 617. TERMINATION EXPENSES. “(a) In General.— Funds made available under this Act and the Arms Export Control Act, may remain available for obligation for a period not to exceed 8 months from the date of any termination of assistance under such Acts for the necessary expenses of winding up programs related to such termination and may remain available until expended. Funds obligated under the authority of such Acts prior to the effective date of the termination of assistance may remain available for expenditure for the necessary expenses of winding up programs related to such termination notwithstanding any provision of law restricting the expenditure of funds. In order to ensure the effectiveness of such assistance, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated. “(b) Liability to Contractors.— For the purpose of making an equitable settlement of termination claims under extraordinary contractual relief standards, the President is authorized to adopt as a contract or other obligation of the United States Government, and assume (in whole or in part) any liabilities arising thereunder, any contract with a United States or third-country contractor that had been funded with assistance under such Acts prior to the termination of assistance. “(c) Termination Expenses.— Amounts certified as having been obligated for assistance subsequently terminated by the President, or pursuant to any provision of law, shall continue to remain available and may be reobligated to meet any necessary expenses arising from the termination of such assistance. “(d) Guaranty Programs.— Provisions of this or any other Act requiring the termination of assistance under this or any other Act shall not be construed to require the termination of guarantee commitments that were entered into prior to the effective date of the termination of assistance. “(e) Relation to Other Provisions— Unless specifically made inapplicable by another provision of law, the provisions of this section shall be applicable to the termination of assistance pursuant to any provision of law.”.

3 of 5 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

This chapter and such chapter, referred to in subsecs. (a), (b), and (d), were in the original references to this Act and such Act, respectively, meaning Pub. L. 87–195, , 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.

The Arms Export Control Act and such Act, referred to in subsecs. (a) and (b), is Pub. L. 90–629, , 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

Amendments1973–2000 · 4 rounds

2000

Pub. L. 106–264 amended section generally. Prior to amendment, section read as follows: “Assistance under any provision of this chapter may, unless sooner terminated by the President, be terminated by concurrent resolution. Funds made available under this chapter shall remain available for a period not to exceed eight months from the date of termination of assistance under this chapter for the necessary expenses of winding up programs related thereto. In order to ensure the effectiveness of assistance under this chapter, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated. Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.”

1999

Pub. L. 106–113 inserted at end “Such expenses for orderly termination of programs under the Arms Export Control Act may include the obligation and expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country’s termination was not a result of activities beyond default of financial responsibilities.”

1980

Pub. L. 96–533 authorized expenses for termination of programs to include completion of training or studies for students commenced outside their countries of origin prior to such termination.

1973

Pub. L. 93–189 substituted “eight months” for “twelve months”.

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Credits

1961–2000 · 5 acts
  1. 1961Pub. L. 87–195, pt. III, § 617, , 75 Stat. 444
  2. 1973Pub. L. 93–189, § 14, , 87 Stat. 722
  3. 1980Pub. L. 96–533, title III, § 310, , 94 Stat. 3148
  4. 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, § 1221], , 113 Stat. 1536, 1501A–498
  5. 2000Pub. L. 106–264, title III, § 302, , 114 Stat. 760.
Show as published

(Pub. L. 87–195, pt. III, § 617, , 75 Stat. 444; Pub. L. 93–189, § 14, , 87 Stat. 722; Pub. L. 96–533, title III, § 310, , 94 Stat. 3148; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, § 1221], , 113 Stat. 1536, 1501A–498; Pub. L. 106–264, title III, § 302, , 114 Stat. 760.)

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