22 U.S.C. § 2794 — Definitions

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 Page 1273 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2795 subject to the provisions of section 2778 of this title, those items designated by the President pursuant to subsection (a)(1) of such section; (8) ‘‘design and construction services’’ means, with respect to sales under section 2769 of this title, the design and construction of real property facilities, including necessary construction equipment and materials, engi- neering services, construction contract man- agement services relating thereto, and tech- nical advisory assistance in the operation and maintenance of real property facilities pro- vided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency; (9) ‘‘significant military equipment’’ means articles— (A) for which special export controls are warranted because of the capacity of such articles for substantial military utility or capability; and (B) identified on the United States Muni- tions List; (10) ‘‘weapons of mass destruction’’ has the meaning provided by section 2302(1) of title 50; and (11) ‘‘Sales territory’’ means a country or group of countries to which a defense article or defense service is authorized to be reex- ported. (Pub. L. 90–629, ch. 4, § 47, as added Pub. L. 93–189, § 25(12), Dec. 17, 1973, 87 Stat. 731; amended Pub. L. 94–329, title II, § 215, June 30, 1976, 90 Stat. 746; Pub. L. 96–92, § 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96–533, title I, § 105(f), Dec. 16, 1980, 94 Stat. 3135; Pub. L. 99–83, title I, § 107(b), title XII, § 1211(b)(3), Aug. 8, 1985, 99 Stat. 197, 279; Pub. L. 104–164, title I, § 144, July 21, 1996, 110 Stat. 1434; Pub. L. 107–228, div. B, title XII, § 1202(b), title XIV, § 1405(a)(4), Sept. 30, 2002, 116 Stat. 1427, 1458; Pub. L. 113–276, title II, §§ 207, 208(b)(1)(B), Dec. 18, 2014, 128 Stat. 2992, 2993.) 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, referred to in par. (3), 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 sec- tion 2011 of Title 42 and Tables. AMENDMENTS 2014—Par. (2). Pub. L. 113–276, § 208(b)(1)(B), sub- stituted ‘‘2761(a) of this title,’’ for ‘‘2761(a) of this title,,’’ in introductory provisions. Par. (3). Pub. L. 113–276, § 207(1), in introductory provi- sions, substituted ‘‘means, with respect 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—’’ for ‘‘includes—’’. Par. (4). Pub. L. 113–276, § 207(2), substituted ‘‘means, with respect to a sale or transfer by the United States under the authority of this chapter or any other for- eign assistance or sales program of the United States,’’ for ‘‘includes’’. 2002—Par. (10). Pub. L. 107–228, § 1202(b), added par. (10). Par. (11). Pub. L. 107–228, § 1405(a)(4), added par. (11). 1996—Par. (9). Pub. L. 104–164 added par. (9). 1985—Par. (2). Pub. L. 99–83, § 107(b), inserted ‘‘, except as otherwise provided in section 2761(a) of this title,’’. Par. (6). Pub. L. 99–83, § 1211(b)(3), substituted ‘‘mili- tary’’ for ‘‘combat’’. 1980—Par. (4). Pub. L. 96–533, § 105(f)(1), excluded from term ‘‘defense service’’ design and construction serv- ices under section 2769 of this title. Par. (8). Pub. L. 96–533, § 105(f)(2)–(4), added par. (8). 1979—Par. (3). Pub. L. 96–92 defined ‘‘defense article’’ to include uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advan- tage of high density or pyrophoric characteristics unre- lated to radioactivity. 1976—Pars. (3) to (7). Pub. L. 94–329 added pars. (3) to (7). 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. SUBCHAPTER V—SPECIAL DEFENSE ACQUISITION FUND § 2795. Fund (a) Establishment; purposes; special require- ments and responsibilities; continuous or- ders for certain articles and services; articles for narcotics control purposes (1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this sub- chapter referred to as the ‘‘Fund’’), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or as other- wise authorized by law, to eligible foreign coun- tries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this subchapter of items for which the ini- tial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with secu- rity assistance requirements for the transfer of such items. (2) Nothing in this subchapter may be con- strued to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this chapter or the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. (3) The Fund may be used to keep on contin- uous order such defense articles and defense services as are assigned by the Department of Defense for integrated management by a single agency thereof for the common use of all mili- tary departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organiza-