
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2403]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part III--Miscellaneous Provisions
 
Sec. 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

shall not include merchant vessels or, as defined by the Atomic Energy 
Act of 1954, as amended (42 U.S.C. 2011), 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) ``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 [42 U.S.C. 2011 et seq.], and data 
removed from the Restricted Data category under section 142d of that Act 
[42 U.S.C. 2162(d)].
    (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) Repealed. Pub. L. 93-189, Sec. 22(2), Dec. 17, 1973, 87 Stat. 
726.
    (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) 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 section 2392(d) of this title 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) ``Major non-NATO ally'' means a country which is designated in 
accordance with section 2321k of this title as a major non-NATO ally for 
purposes of this chapter and the Arms Export Control Act (22 U.S.C. 2751 
et seq.).

(Pub. L. 87-195, pt. III, Sec. 644, Sept. 4, 1961, 75 Stat. 461; Pub. L. 
87-565, pt. III, Sec. 303(b), Aug. 1, 1962, 76 Stat. 263; Pub. L. 88-
205, pt. III, Sec. 303, Dec. 16, 1963, 77 Stat. 389; Pub. L. 89-171, pt. 
III, Sec. 303(b), Sept. 6, 1965, 79 Stat. 661; Pub. L. 90-137, pt. III, 
Sec. 303(a), Nov. 14, 1967, 81 Stat. 462; Pub. L. 90-629, ch. 4, 
Sec. 45(b)(5), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 92-226, pt. III, 
Sec. 304(c)(1), Feb. 7, 1972, 86 Stat. 32; Pub. L. 93-189, Sec. 22, Dec. 
17, 1973, 87 Stat. 726; Pub. L. 94-329, title I, Sec. 106(b)(6), June 
30, 1976, 90 Stat. 733; Pub. L. 95-424, title I, Sec. 103(b), Oct. 6, 
1978, 92 Stat. 944; Pub. L. 96-92, Sec. 22, Oct. 29, 1979, 93 Stat. 710; 
Pub. L. 96-533, title I, Sec. 115(b)(1), Dec. 16, 1980, 94 Stat. 3140; 
Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L. 
102-583, Sec. 9(b), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104-164, title 
I, Sec. 147(a)(2), July 21, 1996, 110 Stat. 1435.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, known 
as the Foreign Assistance Act of 1961. For complete classification of 
this Act to the Code, see Short Title note set out under section 2151 of 
this title and Tables.
    The Atomic Energy Act of 1954, as amended, referred to in subsecs. 
(d) and (e), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 
1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified 
principally to chapter 23 (Sec. 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 section 2011 of Title 42 and Tables.
    The Arms Export Control Act, referred to in subsec. (q), is Pub. L. 
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified 
principally to chapter 39 (Sec. 2751 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2751 of this title and Tables.

                          Codification

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


                               Amendments

    1996--Subsec. (q). Pub. L. 104-164 added subsec. (q).
    1992--Subsec. (g). Pub. L. 102-583 inserted ``(other than 
construction equipment, including tractors, scrapers, loaders, graders, 
bulldozers, dump trucks, generators, and compressors)'' after second 
reference to ``articles''.
    1983--Subsec. (m)(5). Pub. L. 98-151 inserted ``or services provided 
under part VIII of subchapter II of this chapter''.
    1980--Subsec. (m)(5). Pub. L. 96-533 added par. (5).
    1979--Subsec. (d). Pub. L. 96-92 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.
    1978--Subsecs. (o), (p). Pub. L. 95-424 added subsecs. (o) and (p).
    1976--Subsec. (f). Pub. L. 94-329, Sec. 106(b)(6)(A), 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''.
    Subsec. (n). Pub. L. 94-329, Sec. 106(b)(6)(B), added subsec. (n).
    1973--Subsec. (g). Pub. L. 93-189, Sec. 22(1), substituted 
``Approved Force Acquisition Objective and Approved Force Retention 
Stock of all Department of Defense Components'' for ``mobilization 
reserve''.
    Subsec. (i). Pub. L. 93-189, Sec. 22(2), struck out subsec. (i) 
which defined ``mobilization reserve''.
    Subsec. (m). Pub. L. 93-189, Sec. 22(3), amended subsec. (m) 
generally. Prior to amendment, subsec. (m) read as follows: `` `Value' 
means, other than in section 2417 of this title--
        ``(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.
Military 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: Provided, That such articles 
are not excess at the time such prices are negotiated: Provided further, 
That such prices are negotiated at the time firm orders are placed with 
the supplying agency.''
    1972--Subsec. (m). Pub. L. 92-226 substituted `` `Value' means, 
other than in section 2417 of this title'' for `` `Value' means''.
    1968--Subsec. (m). Pub. L. 90-629 struck out ``and sales'' before 
``programs'' in text following par. (3).
    1967--Subsec. (d). Pub. L. 90-137, Sec. 303(a)(1), excluded 
production facilities, utilization facilities, and articles involving 
Restricted Data from definition of ``defense articles''.
    Subsec. (e). Pub. L. 90-137, Sec. 303(a)(2), 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 section 2162(d) of Title 42) 
from definition of ``defense information''.
    Subsec. (f). Pub. L. 90-137, Sec. 303(a)(3), 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.
    1965--Subsec. (g). Pub. L. 89-171, Sec. 303(b)(1), 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''.
    Subsec. (m). Pub. L. 89-171, Sec. 303(b)(2), (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''.
    1963--Subsec. (f). Pub. L. 88-205 inserted ``including 
orientation''.
    1962--Subsec. (m)(2), (3). Pub. L. 87-565 struck out ``as grant 
assistance'' after ``international organizations''.


                    Effective Date of 1978 Amendment

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


                    Effective Date of 1972 Amendment

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


                    Effective Date of 1968 Amendment

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

                  Section Referred to in Other Sections

    This section is referred to in sections 2321c, 2349aa-2, 2378a, 
2392, 2794, 2795 of this title.
