22 U.S.C. § 2768 — Repealed. Pub. L. 104–106, div. A, title X,

Page 1226 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2767a paragraph (2) given the risks identified in the assess- ment under paragraph (1). ‘‘(4) A listing of which, if any, requirements associ- ated with the oversight and management of a major defense acquisition program (as prescribed under De- partment of Defense Instruction 5000.02 or related au- thorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under [subsection] (a)(1), and a full explanation why such requirements need to be waived or modi- fied. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘engineering and manufacturing de- velopment’ has the meaning given that term in De- partment of Defense Instruction 5000.02. ‘‘(2) The term ‘major weapon system’ has the mean- ing given that term in section 2379(f) of title 10, United States Code [now 10 U.S.C. 3455(f)].’’ [Pub. L. 116–92, § 902(84), which directed the amend- ment of section 836(a)(2) of Pub. L. 112–81, set out above, by substituting ‘‘the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,’’ for ‘‘the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics, the Assistant Secretary of De- fense for Research,’’, was executed by making the sub- stitution for ‘‘the Under Secretary of Defense for Ac- quisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering,’’ to reflect the probable intent of Congress.] Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under this section, with certain conditions, see section 1(f) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637. § 2767a. Repealed. Pub. L. 101–189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535 Section, Pub. L. 99–661, div. A, title XI, § 1105, Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100–456, div. A, title X, § 1007, Sept. 29, 1988, 102 Stat. 2040, related to cooperative re- search and development with major non-NATO allies. See section 2350a of Title 10, Armed Forces. § 2768. Repealed. Pub. L. 104–106, div. A, title X, § 1064(a), Feb. 10, 1996, 110 Stat. 445 Section, Pub. L. 90–629, ch. 2, § 28, as added Pub. L. 96–92, § 16(a), Oct. 29, 1979, 93 Stat. 708; amended Pub. L. 97–113, title I, § 101(b), Dec. 29, 1981, 95 Stat. 1520; Pub. L. 100–461, title V, § 588(a), Oct. 1, 1988, 102 Stat. 2268–51, related to reports on price and availability estimates. SUBCHAPTER II–A—FOREIGN MILITARY CONSTRUCTION SALES § 2769. Foreign military construction sales The President may sell design and construc- tion services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or em- ployees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable under- taking (1) to pay the full amount of such con- tract which will assure the United States Gov- ernment against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any dam- ages and costs that may accrue from the can- cellation of such contract, in advance of the time such payments, damages, or costs are due. (Pub. L. 90–629, ch. 2A, § 29, as added Pub. L. 96–533, title I, § 105(a), Dec. 16, 1980, 94 Stat. 3133.) Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under this section, see section 1(d) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637. SUBCHAPTER II–B—SALES TO UNITED STATES COMPANIES FOR INCORPORA- TION INTO END ITEMS § 2770. General authority (a) Sale of defense articles and services by Presi- dent to United States companies; restriction on performance of services; reimbursement credited to selling agency Subject to the conditions specified in sub- section (b) of this section, the President may, on a negotiated contract basis, under cash terms (1) sell defense articles at not less than their esti- mated replacement cost (or actual cost in the case of services), or (2) procure or manufacture and sell defense articles at not less than their contract or manufacturing cost to the United States Government, to any United States com- pany for incorporation into end items (and for concurrent or follow-on support) to be sold by such a company either (i) on a direct commer- cial basis to a friendly foreign country or inter- national organization pursuant to an export li- cense or approval under section 2778 of this title or (ii) in the case of ammunition parts subject to subsection (b) of this section, using commer- cial practices which restrict actual delivery di- rectly to a friendly foreign country or inter- national organization pursuant to approval under section 2778 of this title. The President may also sell defense services in support of such sales of defense articles, subject to the require- ments of this subchapter: Provided, however, That such services may be performed only in the United States. The amount of reimbursement received from such sales shall be credited to the current applicable appropriation, fund, or ac- count of the selling agency of the United States Government. (b) Conditions of sale Defense articles and defense services may be sold, procured and sold, or manufactured and