§ 2403. Definitions

2,190 words·~10 min read·/usc/title-22/section-2403

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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, § 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, § 644, Sept. 4, 1961, 75 Stat. 461; Pub. L. 87–565, pt. III, § 303(b), Aug. 1, 1962, 76 Stat. 263; Pub. L. 88–205, pt. III, § 303, Dec. 16, 1963, 77 Stat. 389; Pub. L. 89–171, pt. III, § 303(b), Sept. 6, 1965, 79 Stat. 661; Pub. L. 90–137, pt. III, § 303(a), Nov. 14, 1967, 81 Stat. 462; Pub. L. 90–629, ch. 4, § 45(b)(5), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 92–226, pt. III, § 304(c)(1), Feb. 7, 1972, 86 Stat. 32; Pub. L. 93–189, § 22, Dec. 17, 1973, 87 Stat. 726;

Pub. L. 94–329, title I, § 106(b)(6), June 30, 1976, 90 Stat. 733; Pub. L. 95–424, title I, § 103(b), Oct. 6, 1978, 92 Stat. 944; Pub. L. 96–92, § 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96–533, title I, § 115(b)(1), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L. 102–583, § 9(b), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104–164, title I, § 147(a)(2), July 21, 1996, 110 Stat. 1435.)

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