
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2367]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2367. Termination expenses


(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.

(Pub. L. 87-195, pt. III, Sec. 617, Sept. 4, 1961, 75 Stat. 444; Pub. L. 
93-189, Sec. 14, Dec. 17, 1973, 87 Stat. 722; Pub. L. 96-533, title III, 
Sec. 310, Dec. 16, 1980, 94 Stat. 3148; Pub. L. 106-113, div. B, 
Sec. 1000(a)(7) [div. B, title XII, Sec. 1221], Nov. 29, 1999, 113 Stat. 
1536, 1501A-498; Pub. L. 106-264, title III, Sec. 302, Aug. 19, 2000, 
114 Stat. 760.)

                       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, Sept. 4, 1961, 75 Stat. 424, as 
amended, 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, Oct. 22, 1968, 82 Stat. 1320, as 
amended, which is classified principally to chapter 39 (Sec. 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.


                               Amendments

    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''.

                         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.

                  Section Referred to in Other Sections

    This section is referred to in section 2151n of this title.
