2012 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 39 - ARMS EXPORT CONTROL (§§ 2751 - 2799aa-2)
Subchapter II-A - FOREIGN MILITARY CONSTRUCTION SALES (§§ 2769)
Section 2769 - Foreign military construction sales

The President may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.

(Pub. L. 90–629, ch. 2A, §29, as added Pub. L. 96–533, title I, §105(a), Dec. 16, 1980, 94 Stat. 3133.)

Functions of President under 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.