22 U.S.C. § 2792 — Administrative expenses

Page 1271 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2792 sultation with the Director of the United States Arms Control and Disarmament Agency. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that a sale under this section would be detrimental to the national secu- rity of the United States, to recommend to the Presi- dent that such sale be disapproved.’’ 1994—Subsec. (a). Pub. L. 103–236 designated existing provisions as par. (1), redesignated former cls. (1) to (3) as cls. (A) to (C), respectively, amended cl. (C) gen- erally, and added par. (2). Prior to being amended gen- erally, cl. (C) read as follows: ‘‘in coordination with the Director of the United States Arms Control and Disar- mament Agency, the Director’s opinion as to the ex- tent to which such sale might contribute to an arms race, or increase the possibility of outbreak or esca- lation of conflict, or prejudice the development of bi- lateral or multilateral arms control arrangements.’’ 1986—Subsec. (e)(1), (3). Pub. L. 99–661 repealed sec- tion 1102(a)(4) of Pub. L. 99–145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendments note below. 1985—Subsec. (e)(1), (3). Pub. L. 99–83 inserted ref- erence to contracts under section 2767(d) of this title. Pub. L. 99–145, § 1102(a)(4), which enacted amendments similar to those provided in Pub. L. 99–83, was repealed. See 1986 Amendments note below and former section 1102(a)(5) of Pub. L. 99–145 set out as a Repeals; Effec- tive Date note under section 2752 of this title. 1982—Subsecs. (d)(1), (e)(1), (3)(A). Pub. L. 97–392 sub- stituted ‘‘2769 and 2770’’ for ‘‘and 2769’’. 1980—Subsecs. (d)(1), (e)(1), (3). Pub. L. 96–533, § 105(e)(3), inserted reference to section 2769 of this title. 1976—Subsec. (e). Pub. L. 94–329, § 213, added subsec. (e). Subsec. (f). Pub. L. 94–329, § 605(b), added subsec. (f). 1975—Subsec. (a)(3). Pub. L. 94–141 inserted provision relating to coordination with the Director of the United States Arms Control and Disarmament Agency. 1972—Subsec. (a). Pub. L. 92–226, § 401(e), (f)(1), added cl. (3) and inserted ‘‘, subject to the provisions of sub- section (b) of this section,’’ before ‘‘consideration shall also be given’’, respectively. Subsecs. (b) to (d). Pub. L. 92–226, § 401(f)(2), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 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. 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. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under subsecs. (c) and (f) of this section, with certain condi- tions, see section 1(r) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, 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. § 2792. Administrative expenses (a) Availability of funds Funds made available under other law for the operations of United States Government agen- cies carrying out functions under this chapter shall be available for the administrative ex- penses incurred by such agencies under this chapter. (b) Charges for administrative expenses and offi- cial reception and representation expenses Charges for administrative services calculated under section 2761(e)(1)(A) of this title shall in- clude recovery of administrative expenses and official reception and representation expenses incurred by any department or agency of the United States Government, including any mis- sion or group thereof, in carrying out functions under this chapter when— (1) such functions are primarily for the ben- efit of any foreign country; (2) such expenses are not directly and fully charged to, and reimbursed from amounts re- ceived for, sale of defense services under sec- tion 2761(a) of this title; and (3) such expenses are neither salaries of the Armed Forces of the United States nor rep- resent unfunded estimated costs of civilian re- tirement and other benefits. (c) Limitations on funds used for official recep- tion and representation expenses Not more than $86,500 of the funds derived from charges for administrative services pursu- ant to section 2761(e)(1)(A) of this title may be used each fiscal year for official reception and representation expenses. (Pub. L. 90–629, ch. 4, § 43, Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94–329, title II, § 214, June 30, 1976, 90 Stat. 746; Pub. L. 95–92, § 7(d), Aug. 4, 1977, 91 Stat. 617; Pub. L. 96–92, § 19(b), Oct. 29, 1979, 93 Stat. 709; Pub. L. 97–113, title VII, § 734(a)(10), Dec. 29, 1981, 95 Stat. 1560; Pub. L. 99–83, title I, § 120, Aug. 8, 1985, 99 Stat. 204; Pub. L. 101–165, title IX, § 9104(b)(1), Nov. 21, 1989, 103 Stat. 1152; Pub. L. 107–228, div. B, title XII, § 1203, Sept. 30, 2002, 116 Stat. 1427.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–228 substituted ‘‘$86,500’’ for ‘‘$72,500’’. 1989—Subsec. (b)(3). Pub. L. 101–165 added par. (3). 1985—Subsec. (b). Pub. L. 99–83, § 120(1), inserted ‘‘and official reception and representation expenses’’. Subsec. (c). Pub. L. 99–83, § 120(2), added subsec. (c). 1981—Subsec. (c). Pub. L. 97–113 struck out subsec. (c) which required a Presidential report to Congress no later than Jan. 15 of each year containing analysis and description of Federal personnel arms export control services performed previous fiscal year. See section 2765(a)(6) of this title. 1979—Subsec. (c). Pub. L. 96–92 added subsec. (c). 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