22 U.S.C. § 2403 | Definitions

As used in this chapter—

(a)

“Agency of the United States Government” includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.

(b)

“Armed Forces” of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(c)

“Commodity” includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.

(d)

“Defense article” includes—

(1)

any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;

(2)

any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;

(3)

any machinery, facility, tool, material supply, or other item necessary for the manufacture, production, processing repair, servicing, storage, construction, transportation, operation, or use of any article listed in this subsection; or

(4)

any component or part of any article listed in this subsection; but

42 U.S.C. 2011shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (), source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), by-product material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data.

(e)

42 U.S.C. 2011 42 U.S.C. 2162(d) “Defense information” includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but shall not include Restricted Data as defined by the Atomic Energy Act of 1954, as amended [ et seq.], and data removed from the Restricted Data category under section 142d of that Act [].

(f)

“Defense service” includes any service, test, inspection, repair, publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under part V of subchapter II of this chapter.

(g)

“Excess defense articles” means the quantity of defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) owned by the United States Government, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this chapter.

(h)

“Function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.

(i)

Pub. L. 93–189, § 22(2)Dec. 17, 197387 Stat. 726 Repealed. , , .

(j)

“Officer or employee” means civilian personnel and members of the Armed Forces of the United States Government.

(k)

“Services” include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.

(l)

“Surplus agricultural commodity” means any agricultural commodity or product thereof, class, kind, type, or other specification thereof, produced in the United States, either publicly or privately owned, which is in excess of domestic requirements, adequate carryover, and anticipated exports for United States dollars, as determined by the Secretary of Agriculture.

(m)

“Value” means—

(1)

section 2392(d) of this title with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying the article, except that for purposes of such actual value shall not be taken into account;

(2)

with respect to a nonexcess defense article delivered from inventory to foreign countries or international organizations under this chapter, the acquisition cost to the United States Government, adjusted as appropriate for condition and market value;

(3)

with respect to a nonexcess defense article delivered from new procurement to foreign countries or international organizations under this chapter, the contract or production costs of such article;

(4)

with respect to a defense service, the cost to the United States Government of such service; and

(5)

with respect to military education and training or services provided under part VIII of subchapter II of this chapter, the additional costs that are incurred by the United States Government in furnishing such assistance.

(n)

“Military education and 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, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.

(o)

“Agriculture” includes aquaculture and fisheries.

(p)

“Farmers” includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.

(q)

section 2321k of this title 22 U.S.C. 2751 “Major non-NATO ally” means a country which is designated in accordance with as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act ( et seq.).

Pub. L. 87–195Sept. 4, 196175 Stat. 461 Pub. L. 87–565Aug. 1, 196276 Stat. 263 Pub. L. 88–205Dec. 16, 196377 Stat. 389 Pub. L. 89–171Sept. 6, 196579 Stat. 661 Pub. L. 90–137Nov. 14, 196781 Stat. 462 Pub. L. 90–629Oct. 22, 196882 Stat. 1327 Pub. L. 92–226Feb. 7, 197286 Stat. 32 Pub. L. 93–189, § 22Dec. 17, 197387 Stat. 726 Pub. L. 94–329, title I, § 106(b)(6)June 30, 197690 Stat. 733 Pub. L. 95–424, title I, § 103(b)Oct. 6, 197892 Stat. 944 Pub. L. 96–92, § 22Oct. 29, 197993 Stat. 710 Pub. L. 96–533, title I, § 115(b)(1)Dec. 16, 198094 Stat. 3140 Pub. L. 98–151, § 101(b)(2)Nov. 14, 198397 Stat. 972 Pub. L. 102–583, § 9(b)Nov. 2, 1992106 Stat. 4934 Pub. L. 104–164, title I, § 147(a)(2)July 21, 1996110 Stat. 1435(, pt. III, § 644, , ; , pt. III, § 303(b), , ; , pt. III, § 303, , ; , pt. III, § 303(b), , ; , pt. III, § 303(a), , ; , ch. 4, § 45(b)(5), , ; , pt. III, § 304(c)(1), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2151 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073, § 1 68 Stat. 919 section 2011 of Title 42The Atomic Energy Act of 1954, as amended, referred to in subsecs. (d) and (e), is , as added by , , 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 and Tables.

Pub. L. 90–629Oct. 22, 196882 Stat. 1320 section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (q), is , , , which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 98–151May 17, 1983Pub. L. 98–151The 1983 amendment by is based on section 202(b) of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported , which was enacted into permanent law by .

Amendments

Pub. L. 104–1641996—Subsec. (q). added subsec. (q).

Pub. L. 102–5831992—Subsec. (g). inserted “(other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors)” after second reference to “articles”.

Pub. L. 98–1511983—Subsec. (m)(5). inserted “or services provided under part VIII of subchapter II of this chapter”.

Pub. L. 96–5331980—Subsec. (m)(5). added par. (5).

Pub. L. 96–921979—Subsec. (d). defined “defense article” to include uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity.

oPub. L. 95–424o1978—Subsecs. (), (p). added subsecs. () and (p).

Pub. L. 94–329, § 106(b)(6)(A)1976—Subsec. (f). , struck out “training” after “inspection, repair”, inserted “but does not include military educational and training activities under part V of subchapter II”, and struck out definition of “Training”.

Pub. L. 94–329, § 106(b)(6)(B)Subsec. (n). , added subsec. (n).

Pub. L. 93–189, § 22(1)1973—Subsec. (g). , substituted “Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components” for “mobilization reserve”.

Pub. L. 93–189, § 22(2)Subsec. (i). , struck out subsec. (i) which defined “mobilization reserve”.

Pub. L. 93–189, § 22(3)section 2417 of this titleSubsec. (m). , amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “ ‘Value’ means, other than in —

“(1) with respect to excess defense articles, the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such articles;

“(2) with respect to nonexcess defense articles delivered from inventory to countries or international organizations under this chapter, the standard price in effect at the time such articles are dropped from inventory by the supplying agency. Such standard price shall be the same price (including authorized reduced prices) used for transfers or sales of such articles in or between the Armed Forces of the United States Government, or, where such articles are not transferred or sold in or between the Armed Forces of the United States, the gross cost to the United States Government adjusted as appropriate for condition and market value; and

“(3) with respect to nonexcess defense articles delivered from new procurement to countries or international organizations under this chapter, the contract or production costs of such articles.

ProvidedProvided furtherMilitary assistance programs and orders shall be based upon the best estimates of stock status and prevailing prices; reimbursements to the supplying agency shall be made on the basis of the stock status and prices determined pursuant to this section. Notwithstanding the foregoing provisions of this section, the Secretary of Defense may prescribe regulations authorizing reimbursements to the supplying agency based on negotiated prices for aircraft, vessels, plant equipment, and such other major items as he may specify: , That such articles are not excess at the time such prices are negotiated: , That such prices are negotiated at the time firm orders are placed with the supplying agency.”

Pub. L. 92–226 section 2417 of this title1972—Subsec. (m). substituted “ ‘Value’ means, other than in ” for “ ‘Value’ means”.

Pub. L. 90–6291968—Subsec. (m). struck out “and sales” before “programs” in text following par. (3).

Pub. L. 90–137, § 303(a)(1)1967—Subsec. (d). , excluded production facilities, utilization facilities, and articles involving Restricted Data from definition of “defense articles”.

Pub. L. 90–137, § 303(a)(2)section 2162(d) of Title 42Subsec. (e). , struck out “and formerly Restricted Data” before “as defined” and excluded data removed from the Restricted Data category under section 142d of the Atomic Energy Act of 1954 (classified to ) from definition of “defense information”.

Pub. L. 90–137, § 303(a)(3)Subsec. (f). , excluded the transfer of limited quantities of defense articles for test, evaluation, or standardization purposes from definition of “defense service” and defined “training”, incorporating existing references to orientation and training aid.

Pub. L. 89–171, § 303(b)(1)1965—Subsec. (g). , inserted “and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order”, and struck out “as grant assistance” after “international organizations”.

Pub. L. 89–171, § 303(b)(2)Subsec. (m). , (3), in par. (2) substituted “Such standard price shall be the same price (including authorized reduced prices)” for “Such price shall be the same standard price”, and in unnumbered par. after par. (3) substituted “Military Assistance and sales programs” for “Military assistance programs” and struck out “by the military assistance program” after “supplying agency”.

Pub. L. 88–2051963—Subsec. (f). inserted “including orientation”.

Pub. L. 87–5651962—Subsec. (m)(2), (3). struck out “as grant assistance” after “international organizations”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–424Oct. 1, 1978section 605 of Pub. L. 95–424 section 2151 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–226July 1, 1971section 304(c)(3) of Pub. L. 92–226 section 2394 of this titleAmendment by applicable with respect to each fiscal year commencing on or after , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–629July 1, 1968section 41 of Pub. L. 90–629 section 2751 of this titleAmendment by effective on , see , set out as an Effective Date note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .