22 U.S.C. § 2365 — Contract authority

Page 844 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2365 aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allo- cated to any one country in any fiscal year. (5) The authority of this section may not be used to waive the limitations on transfers con- tained in section 2360(a) of this title. (b) United States obligations in West Germany Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of part IV of subchapter I of this chapter in order to meet the responsibilities or objectives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose. (c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress The President is authorized to use amounts not to exceed $50,000,000 of the funds made avail- able under this chapter pursuant to his certifi- cation that it is inadvisable to specify the na- ture of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts. The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and rank- ing minority member of the Committee on For- eign Relations of the Senate of each use of funds under this subsection prior to the use of such funds. (Pub. L. 87–195, pt. III, § 614, Sept. 4, 1961, 75 Stat. 444; Pub. L. 89–583, pt. III, § 301(f), (g), Sept. 19, 1966, 80 Stat. 805; Pub. L. 90–137, pt. III, § 301(e), Nov. 14, 1967, 81 Stat. 459; Pub. L. 93–559, § 19(b), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 96–533, title I, § 117(a), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 99–83, title I, § 128, Aug. 8, 1985, 99 Stat. 206; Pub. L. 101–222, § 8, Dec. 12, 1989, 103 Stat. 1899; Pub. L. 103–199, title VII, § 705(2), Dec. 17, 1993, 107 Stat. 2328.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance 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, referred to in subsec. (a)(1), (2), (4)(A), (B), is Pub. L. 90–629, Oct. 22, 1968, 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. AMENDMENTS 1993—Subsec. (a)(4)(C). Pub. L. 103–199 struck out ‘‘Communist or Communist-supported’’ after ‘‘victim of active’’. 1989—Subsec. (c). Pub. L. 101–222 amended second sen- tence generally. Prior to amendment, second sentence read as follows: ‘‘The President shall promptly and fully inform the Speaker of the House of Representa- tives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection.’’ 1985—Subsec. (a)(4). Pub. L. 99–83 designated existing provisions as subpar. (A), added cl. (i) and designations ‘‘(ii)’’ and ‘‘(iii)’’, struck out fiscal year limitation for any one country, and added subpars. (B) and (C). 1980—Subsec. (a). Pub. L. 96–533, in revising subsec. (a), incorporated part of existing first sentence in pro- visions designated par. (1), inserted reference to Arms Export Control Act, struck out reference to Mutual De- fense Assistance Control Act of 1951, required notifica- tion of the Speaker of the House and chairman of the Senate Committee on Foreign Relations, and sub- stituted ‘‘security interests’’ for ‘‘security’’; inserted pars. (2) and (3); incorporated part of existing first sen- tence, second sentence, and substance of third sentence in provisions designated par. (4) and inserted reference to the Arms Export Control Act; and designated fourth sentence as par. (5) and substituted therein ‘‘may not’’ for ‘‘shall not’’. 1974—Subsec. (a). Pub. L. 93–559 provided that the au- thority of the section shall not be used to waive the limitations on transfers contained in section 2360(a) of this title. 1967—Subsec. (a). Pub. L. 90–137 substituted ‘‘506’’ for ‘‘510’’, classified to the Code as section 2318 of this title. 1966—Subsec. (a). Pub. L. 89–583, § 301(f), provided that the $50,000,000 limitation on allocation of funds to any country in any one fiscal year shall not apply to any country which is a victim of active Communist or Com- munist-supported aggression. Subsec. (c). Pub. L. 89–583, § 301(g), inserted provision for reports to Congress of use of funds under this sub- sec. Statutory Notes and Related Subsidiaries REFERENCES TO PART IV OF SUBCHAPTER I DEEMED REFERENCES TO PART IV OF SUBCHAPTER II Part IV of subchapter I (§ 2241 et seq.) of this chapter has been repealed. References to part IV of subchapter I, or any sections thereof, are deemed references to part IV of subchapter II (§ 2346 et seq.) of this chapter, or to appropriate sections thereof. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title. 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 sec- tion 2151–1 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. § 2365. Contract authority Provisions of this chapter authorizing the ap- propriation of funds shall be construed to au- thorize the granting in any appropriation Act of authority to enter into contracts, within the amounts so authorized to be appropriated, cre- ating obligations in advance of appropriations. (Pub. L. 87–195, pt. III, § 615, Sept. 4, 1961, 75 Stat. 444.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. Page 845 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2367 § 2366. Availability of funds Except as otherwise provided in this chapter, funds shall be available to carry out the provi- sions of this chapter as authorized and appro- priated to the President each fiscal year. (Pub. L. 87–195, pt. III, § 616, Sept. 4, 1961, 75 Stat. 444.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. Statutory Notes and Related Subsidiaries ADMINISTRATION OF FUNDS Pub. L. 87–329, title I, § 112, Sept. 30, 1961, 75 Stat. 719, provided that funds appropriated under Pub. L. 87–329, popularly known as the Foreign Assistance and Related Agencies Appropriation Act, 1962, should be adminis- tered with a favorable view toward those recipient na- tions which share the view of the United States on the world crisis. 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. § 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 chap- ter or Act for the necessary expenses of winding up programs related to such termination and may remain available until expended. Funds ob- ligated under the authority of such chapter or Act prior to the effective date of the termi- nation of assistance may remain available for expenditure for the necessary expenses of wind- ing 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 in- clude 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 assist- ance was terminated. (b) Liability to contractors For the purpose of making an equitable settle- ment of termination claims under extraordinary contractual relief standards, the President is au- thorized to adopt as a contract or other obliga- tion of the United States Government, and as- sume (in whole or in part) any liabilities arising thereunder, any contract with a United States or third-country contractor that had been fund- ed 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 aris- ing from the termination of such assistance. (d) Guaranty programs Provisions of this chapter or any other Act re- quiring the termination of assistance under this chapter or any other Act shall not be construed to require the termination of guarantee commit- ments that were entered into prior to the effec- tive date of the termination of assistance. (e) Relation to other provisions Unless specifically made inapplicable by an- other provision of law, the provisions of this sec- tion shall be applicable to the termination of as- sistance pursuant to any provision of law. (Pub. L. 87–195, pt. III, § 617, Sept. 4, 1961, 75 Stat. 444; Pub. L. 93–189, § 14, Dec. 17, 1973, 87 Stat. 722; Pub. L. 96–533, title III, § 310, Dec. 16, 1980, 94 Stat. 3148; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, § 1221], Nov. 29, 1999, 113 Stat. 1536, 1501A–498; Pub. L. 106–264, title III, § 302, Aug. 19, 2000, 114 Stat. 760.) 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, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance 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, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classifica- tion 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 concur- rent resolution. Funds made available under this chap- ter shall remain available for a period not to exceed eight months from the date of termination of assist- ance 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 in- clude the obligation and expenditure of funds to com- plete 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 coun- try’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 ex- penditure of funds to complete the training or studies outside the countries of origin of students whose course