Title 22 — Foreign Relations and Intercourse
Chapter 39 — Arms Export Control
§ 2795. Fund
Statutory text
Establishment; purposes; special requirements and responsibilities; continuous orders for certain articles and services; articles for narcotics control purposes
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 subchapter 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 otherwise authorized by law, to eligible foreign countries 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 initial 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 security assistance requirements for the transfer of such items.
Nothing in this subchapter may be construed 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.].
The Fund may be used to keep on continuous 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 military departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organizations pursuant to this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or other law.
The Fund shall also be used to acquire defense articles that are particularly suited for use for narcotics control purposes and are appropriate to the needs of recipient countries, such as small boats, planes (including helicopters), and communications equipment.
Collections in Fund
The Fund shall consist of—
collections from sales made under letters of offer issued pursuant to section 2761(a)(1)(A) of this title representing the actual value of defense articles not intended to be replaced in stock,
collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and
collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]) of defense articles and defense services acquired under this subchapter, representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 2761(a)(1) of this title or section 2762 of this title or section 644(m) of the Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)], as appropriate,
together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.
Amounts
The size of the Fund may not exceed such dollar amount as is prescribed in section 114(c) of title 10. For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this subchapter which have not been transferred from the Fund in accordance with this subchapter.
Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
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.
The Foreign Military Sales Act
Pub. L. 90–629 · 82 Stat. 1320
Enacted · 22 U.S.C. § 2795
Pub. L. 90–629, ch. 5, § 51, as added Pub. L. 97–113, title I, § 108(a), Dec. 29, 1981, 95 Stat. 1522
Source evidence
Code source credit
Pub. L. 90–629, ch. 5, § 51, as added Pub. L. 97–113, title I, § 108(a), Dec. 29, 1981, 95 Stat. 1522International Security and Development Cooperation Act of 1985
Pub. L. 99–83 § 121(a) · 99 Stat. 190
Added · 22 U.S.C. § 2795(a)(3)
Pub. L. 99–83, § 121(a), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 99–83, § 121(a), added par. (3).Enacted provision · exact public law section
(a) Continuous Orders for Certain Articles and Services.— 22 USC 2795. Section 51(a) of the Arms Export Control Act is amended by adding at the end thereof the following new paragraph: “(3) The Fund may be used to keep on continuous 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 military departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organizations pursuant to this 22 USC 2151 note. Act, the Foreign Assistance Act of 1961, or other law.”.Effective date note
Pub. L. 99–139, § 1(b), Oct. 30, 1985, 99 Stat. 562, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1985.” 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.International Security and Development Cooperation Act of 1985
Pub. L. 99–83 title I § 121 · 99 Stat. 190
Amended · 22 U.S.C. § 2795(b)
Pub. L. 99–83 amended subsec. (b) to read as follows: “The Fund shall consist of collections from sales made under letters of offer, or transfers made under the Foreign Assistance Act of 1961, of defense articles and defense services acquired under this subchapter (representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 2761(a)(1) of this title or section 2762 of this title or section 644(m) of the Foreign Assistance Act of 1961, as appropriate), together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–83 amended subsec. (b) to read as follows: “The Fund shall consist of collections from sales made under letters of offer, or transfers made under the Foreign Assistance Act of 1961, of defense articles and defense services acquired under this subchapter (representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 2761(a)(1) of this title or section 2762 of this title or section 644(m) of the Foreign Assistance Act of 1961, as appropriate), together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.”Enacted provision · exact public law section
SEC. 121. SPECIAL DEFENSE ACQUISITION FUND. (a) Continuous Orders for Certain Articles and Services.— 22 USC 2795. Section 51(a) of the Arms Export Control Act is amended by adding at the end thereof the following new paragraph: “(3) The Fund may be used to keep on continuous 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 military departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organizations pursuant to this 22 USC 2151 note. Act, the Foreign Assistance Act of 1961, or other law.”. (b) Revolving Fund.— Section 51(b) of such Act is amended to read as follows: “(b) The Fund shall consist of collections from sales made under letters of offer, or transfers made under the Foreign Assistance Act of 1961, of defense articles and defense services acquired under this chapter (representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 21(a)(1) or section 22 of 22 USC 2761, 2762. 22 USC 2403. this Act or section 644(m) of the Foreign Assistance Act of 1961, as appropriate), together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.”.Effective date note
Pub. L. 99–139, § 1(b), Oct. 30, 1985, 99 Stat. 562, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1985.” 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.Pub. L. 99–139 § 1(a) · 99 Stat. 562
Amended · 22 U.S.C. § 2795(b)
Pub. L. 99–139 amended subsec. (b) generally, so as to read similar to how it read prior to the amendment by Pub. L. 99–83
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–139 amended subsec. (b) generally, so as to read similar to how it read prior to the amendment by Pub. L. 99–83.Enacted provision · exact public law section
(a) Amendment to Section 51(b) of the Arms Export Control Act.— Subsection (b) of section 51 of the Arms Export Control Act Ante, p. 204. (22 U.S.C. 2795(b)) is amended to read as follows: “(b) The Fund shall consist of— “(1) collections from sales made under letters of offer issued Ante, p. 196. pursuant to section 21(a)(1)(A) of this Act representing the actual value of defense articles not intended to be replaced in stock, “(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and “(3) collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961) of defense articles and defense services acquired under this chapter, representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 21(a)(1) or section 22 22 USC 2762. 22 USC 2403. of this Act or section 644(m) of the Foreign Assistance Act of 1961, as appropriate, together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.”.Effective date note
Pub. L. 99–139, § 1(b), Oct. 30, 1985, 99 Stat. 562, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1985.” 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.Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title I § 110(h)(1) · 100 Stat. 992
Substituted · 22 U.S.C. § 2795(c)(1)
Pub. L. 99–433 substituted “section 114(c)” for “section 138(g)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 99–433 substituted “section 114(c)” for “section 138(g)”.Enacted provision · exact public law section
(1) Section 5l(c)(1) of the Arms Export Control Act (22 U.S.C. 2795(c)(1)) is amended by striking out “section 138(g)” and inserting in lieu thereof “section 114(c)”.International Narcotics Control Act of 1989
Pub. L. 101–231 § 4 · 103 Stat. 1954
Added · 22 U.S.C. § 2795(a)(4)
Pub. L. 101–231 added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 101–231 added par. (4).Enacted provision · exact public law section
SEC. 4. ACQUISITION BY SPECIAL DEFENSE ACQUISITION FUND OF DEFENSE ARTICLES FOR NARCOTICS CONTROL PURPOSES. Section 51(a) of the Arms Export Control Act (22 U.S.C. 2795(a)) is amended by adding at the end the following: “(4) (A) The Fund shall also be used to acquire defense articles that are particularly suited for use for narcotics control purposes and are appropriate to the needs of recipient countries, such as small boats, planes (including helicopters), and communications equipment. “(B) Each report pursuant to section 53(a) shall designate the defense articles that have been acquired or are to be acquired pursuant to this paragraph and the defense articles acquired under this chapter that were transferred for use in narcotics control purposes.”.Pub. L. 104–164 title I § 145(b) · 110 Stat. 1421
Redesignated · 22 U.S.C. § 2795(a)(4)
Pub. L. 104–164 redesignated subpar. (A) as entire par. (4)
Struck · 22 U.S.C. § 2795(a)(4)
Pub. L. 104–164 struck out subpar. (B) which read as follows: “Each report pursuant to section 2795b(a) of this title shall designate the defense articles that have been acquired or are to be acquired pursuant to this paragraph and the defense articles acquired under this subchapter that were transferred for use in narcotics control purposes.”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 104–164 redesignated subpar. (A) as entire par. (4) and struck out subpar. (B) which read as follows: “Each report pursuant to section 2795b(a) of this title shall designate the defense articles that have been acquired or are to be acquired pursuant to this paragraph and the defense articles acquired under this subchapter that were transferred for use in narcotics control purposes.”Enacted provision · exact public law section
(b) Conforming Amendment.— Section 51(a)(4) of such Act (22 U.S.C. 2795(a)(4)) is amended— (1) by striking “(A)”; and (2) by striking subparagraph (B).
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(1) to (3), 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.
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (b)(3), is Pub. L. 87–195, , 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1985–1996 · 4 rounds
1996
Subsec. (a)(4). Pub. L. 104–164 redesignated subpar. (A) as entire par. (4) and struck out subpar. (B) which read as follows: “Each report pursuant to section 2795b(a) of this title shall designate the defense articles that have been acquired or are to be acquired pursuant to this paragraph and the defense articles acquired under this subchapter that were transferred for use in narcotics control purposes.”
1989
Subsec. (a)(4). Pub. L. 101–231 added par. (4).
1986
Subsec. (c)(1). Pub. L. 99–433 substituted “section 114(c)” for “section 138(g)”.
1985
Subsec. (a)(3). Pub. L. 99–83, § 121(a), added par. (3).
Subsec. (b). Pub. L. 99–139 amended subsec. (b) generally, so as to read similar to how it read prior to the amendment by Pub. L. 99–83.
Pub. L. 99–83 amended subsec. (b) to read as follows: “The Fund shall consist of collections from sales made under letters of offer, or transfers made under the Foreign Assistance Act of 1961, of defense articles and defense services acquired under this subchapter (representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 2761(a)(1) of this title or section 2762 of this title or section 644(m) of the Foreign Assistance Act of 1961, as appropriate), together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.”
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendments
Pub. L. 99–139, § 1(b), , 99 Stat. 562, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of .”
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.
Credits
1981–1996 · 6 acts
- 1981Pub. L. 90–629, ch. 5, § 51, as added Pub. L. 97–113, title I, § 108(a), , 95 Stat. 1522
- 1985amended Pub. L. 99–83, title I, § 121, , 99 Stat. 204
- 1985Pub. L. 99–139, § 1(a), , 99 Stat. 562
- 1986Pub. L. 99–433, title I, § 110(h)(1), , 100 Stat. 1004
- 1989Pub. L. 101–231, § 4, , 103 Stat. 1957
- 1996Pub. L. 104–164, title I, § 145(b), , 110 Stat. 1434.
Show as published
(Pub. L. 90–629, ch. 5, § 51, as added Pub. L. 97–113, title I, § 108(a), , 95 Stat. 1522; amended Pub. L. 99–83, title I, § 121, , 99 Stat. 204; Pub. L. 99–139, § 1(a), , 99 Stat. 562; Pub. L. 99–433, title I, § 110(h)(1), , 100 Stat. 1004; Pub. L. 101–231, § 4, , 103 Stat. 1957; Pub. L. 104–164, title I, § 145(b), , 110 Stat. 1434.)