22 U.S.C. § 2793 — Other provisions unaffected

Page 1272 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2793 1977—Subsec. (b). Pub. L. 95–92 substituted provisions relating to criteria for recovery of charges for adminis- trative expenses calculated under section 2761(e)(1)(A) of this title, for provisions relating to reimbursement from amounts received for sales under sections 2761 and 2762 of this title of administrative expenses incurred by a United States government department or agency in carrying out functions under this chapter for the ben- efit of any foreign country. 1976—Pub. L. 94–329 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as a note under section 2751 of this title. § 2793. Other provisions unaffected No provision of this chapter shall be construed as modifying in any way the provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], or section 8677 of title 10. (Pub. L. 90–629, ch. 4, § 44, Oct. 22, 1968, 82 Stat. 1327; Pub. L. 115–232, div. A, title VIII, § 809(f), Aug. 13, 2018, 132 Stat. 1842.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Atomic Energy Act of 1954, as amended, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘section 8677 of title 10’’ for ‘‘section 7307 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. EFFECTIVE DATE Section effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as a note under section 2751 of this title. SPECIFIC APPLICATION OF OTHER PROVISIONS TO THIS CHAPTER Except for laws specified in this section, other provi- sions inapplicable to this chapter without a specific reference thereto or to sales of defense articles and de- fense services under any Act, see section 45(c) of Pub. L. 90–629, set out as a note under section 2751 of this title. § 2794. Definitions For purposes of this chapter, the term— (1) ‘‘excess defense article’’ has the meaning provided by section 2403(g) of this title; (2) ‘‘value’’ means, in the case of an excess defense article, except as otherwise provided in section 2761(a) of this title, not less than the greater of— (A) the gross cost incurred by the United States Government in repairing, rehabili- tating, or modifying such article, plus the scrap value; or (B) the market value, if ascertainable; (3) ‘‘defense article’’, except as provided in paragraph (7) of this section, means, with re- spect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States— (A) any weapon, weapons system, muni- tion, aircraft, vessel, boat, or other imple- ment of war, (B) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales, (C) any machinery, facility, tool, material, supply, or other item necessary for the man- ufacture, production, processing, repair, servicing, storage, construction, transpor- tation, operation, or use of any article listed in this paragraph, and (D) any component or part of any article listed in this paragraph, but does not include merchant vessels or (as defined by the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]) source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric char- acteristics unrelated to radioactivity), byprod- uct material, special nuclear material, produc- tion facilities, utilization facilities, or atomic weapons or articles involving Restricted Data; (4) ‘‘defense service’’, except as provided in paragraph (7) of this section, means, with re- spect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States, any service, test, inspec- tion, repair, training, publication, technical or other assistance, or defense information (as defined in section 2403(e) of this title), used for the purposes of making military sales, but does not include design and construction serv- ices under section 2769 of this title; (5) ‘‘training’’ includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publi- cations and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces; (6) ‘‘major defense equipment’’ means any item of significant military equipment on the United States Munitions List having a non- recurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000; (7) ‘‘defense articles and defense services’’ means, with respect to commercial exports