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Title 22 — Foreign Relations and Intercourse

Chapter 39 — Arms Export Control

§ 2792. Administrative expenses

Statutory text

(a)

Availability of funds

Funds made available under other law for the operations of United States Government agencies carrying out functions under this chapter shall be available for the administrative expenses incurred by such agencies under this chapter.

(b)

Charges for administrative expenses and official reception and representation expenses

Charges for administrative services calculated under section 2761(e)(1)(A) of this title shall include recovery of administrative expenses and official reception and representation expenses incurred by any department or agency of the United States Government, including any mission or group thereof, in carrying out functions under this chapter when—

(1)

such functions are primarily for the benefit of any foreign country;

(2)

such expenses are not directly and fully charged to, and reimbursed from amounts received for, sale of defense services under section 2761(a) of this title; and

(3)

such expenses are neither salaries of the Armed Forces of the United States nor represent unfunded estimated costs of civilian retirement and other benefits.

(c)

Limitations on funds used for official reception and representation expenses

Not more than $86,500 of the funds derived from charges for administrative services pursuant to section 2761(e)(1)(A) of this title may be used each fiscal year for official reception and representation expenses.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. The Foreign Military Sales Act

    Pub. L. 90–629 · 82 Stat. 1320

    Enacted · 22 U.S.C. § 2792

    Pub. L. 90–629, ch. 4, § 43, Oct. 22, 1968, 82 Stat. 1327

    Source evidence

    Code source credit
    Pub. L. 90–629, ch. 4, § 43, Oct. 22, 1968, 82 Stat. 1327

  2. International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title II § 214 · 90 Stat. 729

    1. Amended · 22 U.S.C. § 2792

      Pub. L. 94–329 designated existing provisions as subsec. (a)

    2. Added · 22 U.S.C. § 2792

      Pub. L. 94–329 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 94–329 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 214. administrative expenses Section 43 of the Foreign Military Sales Act is amended by designating the present section as subsection (a) and by adding at the end thereof the following new subsection: “(b) Administrative expenses incurred by any department or agency of the United States Government (including any mission or group) in carrying out functions under this Act which are primarily for the benefit of any foreign country shall be fully reimbursed from amounts received for sales under sections 21 and 22.”.

  3. International Security Assistance Act of 1977

    Pub. L. 95–92 § 7(d) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2792(b)

    Pub. L. 95–92 substituted provisions relating to criteria for recovery of charges for administrative 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 benefit of any foreign country

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–92 substituted provisions relating to criteria for recovery of charges for administrative 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 benefit of any foreign country.

    Enacted provision · exact public law section
    (d) Section 43(b) of the Arms Export Control Act is amended to Administrative services, charges. 22 USC 2792. read as follows: “(b) Charges for administrative services calculated under section 21(e)(1)(A) of this Act shall include recovery of administrative expenses incurred by any department or agency of the United States Government, including any mission or group thereof, in carrying out functions under this Act when— “(1) such functions are primarily for the benefit of any foreign country; and “(2) such expenses are not directly and fully charged to, and reimbursed from amounts received for. sale of defense services under section 21(a) of this Act.”.

  4. Pub. L. 96–92 § 19(b) · 93 Stat. 701

    Added · 22 U.S.C. § 2792(c)

    Pub. L. 96–92 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–92 added subsec. (c).

    Enacted provision · exact public law section
    (b) Section 43 of such Act is amended by adding at the end thereof 22 USC 2792. the following new subsection: “(c) Not later than January 15 of each year, the President shall submit to the Congress a report containing an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under subsection (b) of this section or under section 21(a) of this Act. Such reports shall specify the number of personnel 22 USC 2761. involved in performing such services.”.

  5. Pub. L. 97–113 title VII § 734(a)(10) · 95 Stat. 1519

    Struck · 22 U.S.C. § 2792(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (10) The Arms Export Control Act: Section 43(c), and the fifth paragraph of section 1.

  6. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 120(1) · 99 Stat. 190

    Inserted · 22 U.S.C. § 2792(b)

    Pub. L. 99–83, § 120(1), inserted “and official reception and representation expenses”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–83, § 120(1), inserted “and official reception and representation expenses”.

    Enacted provision · exact public law section
    (1) in subsection (b) by inserting “and official reception and representation expenses” immediately after “administrative expenses”; and

    Effective date note
    Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

  7. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 120(2) · 99 Stat. 190

    Added · 22 U.S.C. § 2792(c)

    Pub. L. 99–83, § 120(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–83, § 120(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(c) Not more than $72,500 of the funds derived from charges for 22 USC 2761. administrative services pursuant to section 21(e)(1)(A) of this Act may be used each fiscal year for official reception and representation expenses.”.

    Effective date note
    Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

  8. Department of Defense Appropriations Act, 1990

    Pub. L. 101–165 title IX § 9104(b)(1) · 103 Stat. 1112

    Added · 22 U.S.C. § 2792(b)(3)

    Pub. L. 101–165 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 101–165 added par. (3).

    Enacted provision · exact public law section
    (1) Section 43(b) of the Arms Control Act is amended by striking out “and” at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting “; and” in lieu thereof, and by adding the following paragraph at the end of the subsection: “(3) such expenses are neither salaries of the Armed Forces of the United States nor represent unfunded estimated costs of civilian retirement and other benefits.”.

  9. Security Assistance Act of 2002

    Pub. L. 107–228 div. B title XII § 1203 · 116 Stat. 1350

    Substituted · 22 U.S.C. § 2792(c)

    Pub. L. 107–228 substituted “$86,500” for “$72,500”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–228 substituted “$86,500” for “$72,500”.

    Enacted provision · exact public law section
    SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES. Section 43(c) of the Arms Export Control Act (22 U.S.C. 2792(c)), is amended by striking “$72,500” and inserting “$86,500”.

9 of 10 references resolved to an enrolled provision · 1 partial

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, , 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.

Amendments1976–2002 · 7 rounds

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).

1977

Subsec. (b). Pub. L. 95–92 substituted provisions relating to criteria for recovery of charges for administrative 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 benefit 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 , see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date

Section effective , see section 41 of Pub. L. 90–629, set out as a note under section 2751 of this title.

Credits

1968–2002 · 8 acts
  1. 1968Pub. L. 90–629, ch. 4, § 43, , 82 Stat. 1327
  2. 1976Pub. L. 94–329, title II, § 214, , 90 Stat. 746
  3. 1977Pub. L. 95–92, § 7(d), , 91 Stat. 617
  4. 1979Pub. L. 96–92, § 19(b), , 93 Stat. 709
  5. 1981Pub. L. 97–113, title VII, § 734(a)(10), , 95 Stat. 1560
  6. 1985Pub. L. 99–83, title I, § 120, , 99 Stat. 204
  7. 1989Pub. L. 101–165, title IX, § 9104(b)(1), , 103 Stat. 1152
  8. 2002Pub. L. 107–228, div. B, title XII, § 1203, , 116 Stat. 1427.
Show as published

(Pub. L. 90–629, ch. 4, § 43, , 82 Stat. 1327; Pub. L. 94–329, title II, § 214, , 90 Stat. 746; Pub. L. 95–92, § 7(d), , 91 Stat. 617; Pub. L. 96–92, § 19(b), , 93 Stat. 709; Pub. L. 97–113, title VII, § 734(a)(10), , 95 Stat. 1560; Pub. L. 99–83, title I, § 120, , 99 Stat. 204; Pub. L. 101–165, title IX, § 9104(b)(1), , 103 Stat. 1152; Pub. L. 107–228, div. B, title XII, § 1203, , 116 Stat. 1427.)

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