Source
(Pub. L. 90–629, ch. 2, § 22, Oct. 22, 1968, 82 Stat. 1323; Pub. L. 93–189, § 25(3), Dec. 17, 1973, 87 Stat. 730; Pub. L. 94–329, title II, § 207, June 30, 1976, 90 Stat. 738; Pub. L. 95–384, § 17, Sept. 26, 1978, 92 Stat. 740; Pub. L. 96–533, title I, § 105(b)(2), Dec. 16, 1980, 94 Stat. 3134; Pub. L. 104–107, title V, § 531A(a), Feb. 12, 1996, 110 Stat. 731; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, § 1223], Nov. 29, 1999, 113 Stat. 1536, 1501A–498.)
References in Text
The Renegotiation Act of 1951, referred to in subsec. (c), is act Mar. 23, 1951, ch. 15,
65 Stat. 7, as amended, which was classified principally to section
1211 et seq. of Title 50, Appendix, War and National Defense, prior to its omission from the Code. See Codification note set out under section
1211 of Title
50, Appendix.
Amendments
1999—Subsec. (d).
Pub. L. 106–113 designated existing provisions as par. (1) and added par. (2).
1996—Subsec. (d).
Pub. L. 104–107 added subsec. (d).
1980—Subsec. (c).
Pub. L. 96–533 substituted “procurement contracts” for “contracts for the procurement of defense articles and defense services” and inserted reference to contracts entered into under section
2769 of this title.
1978—Subsec. (c).
Pub. L. 95–384 added subsec. (c).
1976—Subsec. (a).
Pub. L. 94–329, § 207(a), inserted provisions requiring interest to be charged on any net amount a country or international organization is in arrears and the rate of interest to be determined by the Secretary of Treasury considering current average market yield of short-term obligations of United States on a particular day.
Subsec. (b).
Pub. L. 94–329, § 207(b), substituted provisions authorizing President to issue letters of offer with provisions for billing on delivery of article or rendering of service and payment within 120 days after billing date where President determines that emergency conditions exist, for provisions authorizing President to accept a dependable undertaking of a foreign country or international organization with respect to sales of defense articles and services and to make payment within 120 days of delivery of article or rendering of service.
1973—
Pub. L. 93–189 designated text preceding first proviso as subsec. (a) and inserted “Except as otherwise provided in this section,” before “the President”, designated first proviso as subsec. (b) and inserted reference to acceptance of a dependable undertaking of a foreign country or international organization, and struck out further provisions setting forth Presidential powers with respect to sales agreements with and payments by purchasing countries or international organizations.
Effective Date of 1996 Amendment; Implementing Regulations
Section 531A(b) of
Pub. L. 104–107 provided that: “Section 22(d) of the Arms Export Control Act [subsec. (d) of this section], as added by subsection (a)—
“(1) shall take effect on the 60th day following the date of the enactment of this Act [Feb. 12, 1996];
“(2) shall be applicable only to contracts made in implementation of sales made after such effective date; and
“(3) shall be implemented by revised procurement regulations, which shall be issued prior to such effective date.”
Delegation of Functions
Functions of President under subsec. (a) of this section delegated to Secretary of Defense by section 1(d) of Ex. Ord. No. 11958, Jan. 18, 1977,
42 F.R.
4311, as amended, set out as a note under section
2751 of this title.
Prior Provisions
Provisions similar to those comprising subsec. (d)(2) of this section were contained in the following appropriation acts:
Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 556], Nov. 29, 1999,
113 Stat. 1535, 1501A–100.
Pub. L. 105–277, div. A, § 101(d) [title V, § 536], Oct. 21, 1998,
112 Stat. 2681–150, 2681–181.
Pub. L. 105–118, title V, § 535, Nov. 26, 1997,
111 Stat. 2416.
Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 533A], Sept. 30, 1996,
110 Stat. 3009–121, 3009–153.
Pub. L. 104–107, title V, § 531A(c), Feb. 12, 1996,
110 Stat. 731.