Title 22 — Foreign Relations and Intercourse
Part III · Chapter 32 — Foreign Assistance
§ 2403. Definitions
Statutory text
As used in this chapter—
“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.
“Armed Forces” of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
“Commodity” includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.
“Defense article” includes—
any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;
any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;
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
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.
“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)].
“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.
“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.
“Function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.
Repealed. Pub. L. 93–189, § 22(2), , 87 Stat. 726.
“Officer or employee” means civilian personnel and members of the Armed Forces of the United States Government.
“Services” include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.
“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.
“Value” means—
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;
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;
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;
with respect to a defense service, the cost to the United States Government of such service; and
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.
“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.
“Agriculture” includes aquaculture and fisheries.
“Farmers” includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.
“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.).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–195 · 75 Stat. 424
Enacted · 22 U.S.C. § 2403
Pub. L. 87–195, pt. III, § 644, Sept. 4, 1961, 75 Stat. 461
Source evidence
Code source credit
Pub. L. 87–195, pt. III, § 644, Sept. 4, 1961, 75 Stat. 461Foreign Assistance Act of 1962
Pub. L. 87–565 · 76 Stat. 255
Struck · 22 U.S.C. § 2403(m)(2); 22 U.S.C. § 2403(m)(3)
Pub. L. 87–565 struck out “as grant assistance” after “international organizations”
Source evidence
Code amendment note
Subsec. (m)(2), (3). Pub. L. 87–565 struck out “as grant assistance” after “international organizations”.Foreign Assistance Act of 1963
Pub. L. 88–205 · 77 Stat. 379
Inserted · 22 U.S.C. § 2403(f)
Pub. L. 88–205 inserted “including orientation”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 88–205 inserted “including orientation”.Foreign Assistance Act of 1965
Pub. L. 89–171 § 303(b)(1) · 79 Stat. 653
Inserted · 22 U.S.C. § 2403(g)
Pub. L. 89–171, § 303(b)(1), inserted “and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order”
Struck · 22 U.S.C. § 2403(g)
Pub. L. 89–171, § 303(b)(1), struck out “as grant assistance” after “international organizations”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 89–171, § 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”.Enacted provision · exact public law section
(1) In subsection (g), insert “, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order,” after “United States Government” and strike out “as grant assistance”.Foreign Assistance Act of 1965
Pub. L. 89–171 § 303(b)(2) · 79 Stat. 653
Substituted · 22 U.S.C. § 2403(m)
Pub. L. 89–171, § 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”
Substituted · 22 U.S.C. § 2403(m)
Pub. L. 89–171, § 303(b)(2), (3), in par. (2) substituted “Military Assistance and sales programs” for “Military assistance programs”
Struck · 22 U.S.C. § 2403(m)
Pub. L. 89–171, § 303(b)(2), (3), in par. (2) struck out “by the military assistance program” after “supplying agency”
Source evidence
Code amendment note
Subsec. (m). Pub. L. 89–171, § 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”.Enacted provision · exact public law section
(2) In subsection (m)(2), strike out “Such price shall be the same standard price” and substitute “Such standard price shall be the same price (including authorized reduced prices)”.Foreign Assistance Act of 1967
Pub. L. 90–137 § 303(a)(1) · 81 Stat. 445
Changed · 22 U.S.C. § 2403(d)
Pub. L. 90–137, § 303(a)(1), excluded production facilities, utilization facilities, and articles involving Restricted Data from definition of “defense articles”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 90–137, § 303(a)(1), excluded production facilities, utilization facilities, and articles involving Restricted Data from definition of “defense articles”.Enacted provision · exact public law section
(1) In subsection (d), insert “production facilities, utilization facilities,” between “special nuclear material,” and “or atomic weapons”, and add “or articles involving Restricted Data” before the period at the end of the subsection.Foreign Assistance Act of 1967
Pub. L. 90–137 § 303(a)(2) · 81 Stat. 445
Struck · 22 U.S.C. § 2403(e)
Pub. L. 90–137, § 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”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 90–137, § 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”.Enacted provision · exact public law section
(2) In subsection (e), strike out “and formerly Restricted Data” and, immediately before the period at the end thereof insert the following: “, and data removed from the Restricted Data category under section 142d of that Act”.Foreign Assistance Act of 1967
Pub. L. 90–137 § 303(a)(3) · 81 Stat. 445
Changed · 22 U.S.C. § 2403(f)
Pub. L. 90–137, § 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
Source evidence
Code amendment note
Subsec. (f). Pub. L. 90–137, § 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.Enacted provision · exact public law section
(3) Subsection (f) is amended as follows: (A) Strike out “including orientation, training aid” and “including the transfer of limited quantities of defense articles for test, evaluation, or standardization purposes,”. (B) Add the following new second sentence: “ ‘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 aid, orientation, training exercise, and military advice to foreign military units and forces.”The Foreign Military Sales Act
Pub. L. 90–629 · 82 Stat. 1320
Struck · 22 U.S.C. § 2403(m)
Pub. L. 90–629 struck out “and sales” before “programs” in text following par. (3)
Source evidence
Code amendment note
Subsec. (m). Pub. L. 90–629 struck out “and sales” before “programs” in text following par. (3).Foreign Assistance Act of 1971
Pub. L. 92–226 · 86 Stat. 20
Substituted · 22 U.S.C. § 2403(m)
Pub. L. 92–226 substituted “ ‘Value’ means, other than in section 2417 of this title” for “ ‘Value’ means”
Source evidence
Code amendment note
Subsec. (m). Pub. L. 92–226 substituted “ ‘Value’ means, other than in section 2417 of this title” for “ ‘Value’ means”.Foreign Assistance Act of 1973
Pub. L. 93–189 § 22(1) · 87 Stat. 714
Substituted · 22 U.S.C. § 2403(g)
Pub. L. 93–189, § 22(1), substituted “Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components” for “mobilization reserve”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 93–189, § 22(1), substituted “Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components” for “mobilization reserve”.Enacted provision · exact public law section
(1) Subsection (g) is amended to read as follows: “(g) ‘Excess defense articles’ means the quantity of defense articles 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 Act.”Foreign Assistance Act of 1973
Pub. L. 93–189 § 22(2) · 87 Stat. 714
Struck · 22 U.S.C. § 2403(i)
Pub. L. 93–189, § 22(2), struck out subsec. (i) which defined “mobilization reserve”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 93–189, § 22(2), struck out subsec. (i) which defined “mobilization reserve”.Enacted provision · exact public law section
(2) Subsection (i) is repealed.Foreign Assistance Act of 1973
Pub. L. 93–189 § 22(3) · 87 Stat. 714
Amended · 22 U.S.C. § 2403(m)
Pub. L. 93–189, § 22(3), amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “ ‘Value’ means, other than in section 2417 of this title—
Source evidence
Code amendment note
Subsec. (m). Pub. L. 93–189, § 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.”
Enacted provision · exact public law section
(3) Subsection (m) is amended to read as follows: “(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, 75 Stat. 454. 22 USC 2392. except that for purposes of section 632(d) 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 Act, 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 Act, the contract or production costs of such article; and “(4) with respect to a defense service, the cost to the United States Government of such service.”International Security Assistance and Arms Export Control Act of 1976
Pub. L. 94–329 § 106(b)(6)(A) · 90 Stat. 729
Struck · 22 U.S.C. § 2403(f)
Pub. L. 94–329, § 106(b)(6)(A), struck out “training” after “inspection, repair”
Inserted · 22 U.S.C. § 2403(f)
Pub. L. 94–329, § 106(b)(6)(A), inserted “but does not include military educational and training activities under part V of subchapter II”
Struck · 22 U.S.C. § 2403(f)
Pub. L. 94–329, § 106(b)(6)(A), struck out definition of “Training”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 94–329, § 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”.Enacted provision · exact public law section
(A) by amending subsection (f) to read as follows: “(f) ‘Defense service’ includes any service, test, inspection, repair, “Defense service.” 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 chapter 5 of part II.”; andInternational Security Assistance and Arms Export Control Act of 1976
Pub. L. 94–329 § 106(b)(6)(B) · 90 Stat. 729
Added · 22 U.S.C. § 2403(n)
Pub. L. 94–329, § 106(b)(6)(B), added subsec. (n)
Source evidence
Code amendment note
Subsec. (n). Pub. L. 94–329, § 106(b)(6)(B), added subsec. (n).Enacted provision · exact public law section
(B) by adding at the end thereof the following new subsection: “(n) ‘Military education and training’ includes formal or informal “Military education and training.” instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, con-tractors (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.”.Pub. L. 95–424 title I § 103(b) · 92 Stat. 937
Added · 22 U.S.C. § 2403(o); 22 U.S.C. § 2403(p)
Pub. L. 95–424 added subsecs. (o) and (p)
Source evidence
Code amendment note
Subsecs. (o), (p). Pub. L. 95–424 added subsecs. (o) and (p).Enacted provision · exact public law section
(b) Section 644 of the Foreign Assistance Act of 1961 is amended 22 USC 2403. by adding at the end thereof the following: “(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.”.Effective date note
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.Pub. L. 96–92 § 22 · 93 Stat. 701
Changed · 22 U.S.C. § 2403(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 22. definitions Section 644(d) of the Foreign Assistance Act of 1961 and section 47(3) of the Arms Export Control Act are each amended by inserting “(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)” immediately after “source material”.International Security and Development Cooperation Act of 1980
Pub. L. 96–533 title I § 115(b)(1) · 94 Stat. 3131
Added · 22 U.S.C. § 2403(m)(5)
Pub. L. 96–533 added par. (5)
Source evidence
Code amendment note
Subsec. (m)(5). Pub. L. 96–533 added par. (5).Enacted provision · exact public law section
(1) Section 644(m) of such Act is amended— (A) by striking out “and” at the end of paragraph (3); (B) by striking out the period at the end of paragraph (4) and inserting in lieu thereof and”; and (C) by adding at the end thereof the following new paragraph: “(5) with respect to military education and training, the additional costs that are incurred by the United States Government in furnishing such assistance.”.Pub. L. 98–151 § 101(b)(2) · 97 Stat. 964
Inserted · 22 U.S.C. § 2403(m)(5)
Pub. L. 98–151 inserted “or services provided under part VIII of subchapter II of this chapter”
Source evidence
Code amendment note
Subsec. (m)(5). Pub. L. 98–151 inserted “or services provided under part VIII of subchapter II of this chapter”.Enacted provision · exact public law section
(2) Section 101(b)(2) of this joint resolution may be cited as the “International Security and Development Assistance Authorizations Act of 1983”. authorizations of appropriations There is authorized to be appropriated to the President $1,315,000,000 for the Fiscal year 1984 to carry out section 23 of the 22 USC 2763. 22 USC 2764. Arms Export Control Act. The total principal amount of loans guaranteed under section 24(a) of the Arms Export Control Act shall not exceed $4,446,500,000 for the fiscal year 1984. There are authorized to be appropriated for the fiscal year 1984 the following amounts to carry out the following provisions of the Foreign Assistance Act of 1961: (1) $725,213,000 to carry out section 103. 22 USC 2151a. (2) $244,600,000 to carry out section 104(b). 22 USC 2151b. (3) $133,400,000 to carry out section 104(c). (4) $121,477,000 to carry out section 105. 22 USC 2151c. (5) $160,000,000 to carry out section 106. 22 USC 2151d. (6) $103,000,000 to carry out section 121. 22 USC 2151s. (7) $30,000,000 to carry out section 214. 22 USC 2174. (8) $266,214,000 to carry out chapter 3 of part I. 22 USC 2221. (9) $47,000,000 to carry out section 481. 22 USC 2291. (10) $25,000,000 to carry out section 491. 22 USC 2292. (11) $3,074,000,000 to carry out chapter 4 of part II. 22 USC 2346. (12) $639,700,000 to carry out section 503. 22 USC 2311. (13) $56,452,000 to carry out chapter 5 of part II. 22 USC 2347. (14) $46,200,000 to carry out chapter 6 of part II. 22 USC 2348. (15) $22,000,000 to carry out section 661. 22 USC 2421. (16) $370,000,000 to carry out section 667. 22 USC 2427. There is authorized to be appropriated to the President to carry out the African Development Foundation Act $3,000,000 for the 22 USC 290h note. fiscal year 1984. There is authorized to be appropriated to carry out the Peace Corps Act $116,000,000 for the fiscal year 1984. 22 USC 2501 note. Section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956 shall not apply with 22 USC 2412. 22 USC 2680. respect to funds appropriated for “Migration and Refugee Assistance” or for the Inter-American Foundation by the joint resolution of October 1, 1983 (Public Law 98–107), as amended by this joint Ante, p. 733. resolution. assistance for israel and egypt Section 31(b)(3) of the Arms Export Control Act is amended to 22 USC 2771. read as follows: “(3) Of the aggregate total of credits (or participations in credits) extended under section 23 of this Act and of the total principal 22 USC 2763. 22 USC 2764. amount of loans guaranteed under section 24(a) of this Act, not less than $1,700,000,000 for the fiscal year 1984 shall be available only for Israel, of which not less than $850,000,000 shall be credits under section 23. Of the total aggregate credit ceiling made available to Israel, up to $300,000,000 shall be made available for research and development activities in the United States and $250,000,000 shall be made available for the procurement of defense articles and defense services in Israel for the Lavi program.”. Section 31(c) of such Act is amended— 22 USC 2771. (a) in the first sentence by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”; and (b) in the last sentence— (1) by striking out “$550,000,000” and inserting in lieu thereof “$850,000,000 for the fiscal year 1984”; and (2) by striking out “for each such year”. Section 31(b)(6) of such Act is amended to read as follows: “(6) Of the total amounts of credits (or participations in credits) extended under section 23 of this Act, not less than $465,000,000 for the fiscal year 1984 shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits (and participations in credits). Of the total principal amount of loans guaranteed under 22 USC 2764. section 24(a) of this Act, not less than $900,000,000 for the fiscal year 1984 shall be available only for Egypt.”. 22 USC 2771. Section 31(b)(5) of such Act is amended by striking out “for the fiscal year 1982 and for the fiscal year 1983” and inserting in lieu thereof “for the fiscal year 1984”. 22 USC 2346a. Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows: “Sec. 532. Earmarking for Israel and Egypt.—Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1984, not less than $910,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt.”. conditions on military assistance for el salvador Not more than 70 percent of the amount made available for the 22 USC 2311, 2347. 22 USC 2751 note. fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until— (1) Salvadoran authorities have substantially concluded all investigative actions in the case of the National Guardsmen charged with murder in the deaths of the four United States churchwomen in December 1980 that were set forth in communications from the Department of State (including the letters dated July 8 and September 23, 1983); and (2) Salvadoran authorities have brought the accused to trial and have obtained a verdict. Presidential determination and certification to Congress. Not more than 90 percent of the amount made available for the fiscal year 1984 for military assistance for El Salvador under chapters 2 and 5 of part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act may be expended until the President has determined and certified to the Congress that— (1) the Government of El Salvador has not taken any action which would alter, suspend, or terminate the land reform program for phase I or phase III promulgated under Decree 154 (dated March 5, 1980) or Decree 207 (dated April 28, 1980) in a manner detrimental to the rights of the beneficiaries or the potential beneficiaries under those decrees; and (2) the Government of El Salvador continues to make documented progress on implementing the land reform program. minority set-aside Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for the fiscal year 1984 to carry out chapter 1 of part I of the Foreign Assistance 22 USC 2151. Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance 22 USC 2151 note. Act of 1977), historically Black colleges and universities, and private and voluntary organizations which are controlled by individuals who are Black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5) (B) and (C) of the Interna-tional Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. minority resource center None of the funds authorized to be appropriated for the fiscal year 1984 to carry out the Foreign Assistance Act of 1961 may be used to 22 USC 2151 note. eliminate the Minority Resource Center as a separate and distinct entity within the Agency for International Development, including implementation of a consolidation of the Minority Resource Center with the Office of Small and Disadvantaged Business Utilization under section 133(c)(8) of the International Development and Food Assistance Act of 1977. 22 USC 2151 note. promoting the development of the haitian people and providing for orderly emigration from haiti It is the sense of the Congress that for the fiscal year 1984 up to $24,000,000 of the funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, and up to $10,000,000 of the 22 USC 2151. 22 USC 2346. funds available to carry out chapter 4 of part II of such Act, should be made available for development assistance for Haiti, subject to the limitation contained in the third paragraph of this heading. To the maximum extent practicable, assistance for Haiti undei chapter 1 of part I and under chapter 4 of part II of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. Funds available for fiscal year 1984 to carry out chapter 1 of part 1 Presidential determination. 22 USC 2151, 2311, 2346, 2347 22 USC 2751 note. or chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 may be obligated for Haiti, and credits may be extended and guarantees may be issued under the Arms Export Control Act for Haiti, only if the President determines that the Government of Haiti— (1) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making a concerted and significant effort to improve the human rights situation in Haiti by implementing the political reforms which are essential to the development of democracy in Haiti, including the establishment of political parties, free elections, and freedom of the press. Six months after the date of enactment of this section, the Report to Congress. President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each numbered provision contained in the third paragraph of this heading. Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the 22 USC 2420. fiscal year 1984 may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. private sector revolving fund Enactment. 22 USC 2151f. The amendment contained in section 407 of H.R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, is hereby enacted. antiterrorism assistance program Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. Enactment. 22 USC 2304, 2349aa-2349aa-6, 2349aa note, 2403. The amendments contained in title II of H R. 2992, as reported by the Committee on Foreign Affairs of the House of Representatives on May 17, 1983, are hereby enacted, except that, for purposes of such enactment, section 575 of the Foreign Assistance Act of 1961 shall read as follows: 22 USC 2349aa-4. “Sec. 575. Appropriations.—There is authorized to be appropriated to the President to carry out this chapter $5,000,000 for the fiscal year 1984. Amounts appropriated under this section are authorized to remain available until expended.”.International Narcotics Control Act of 1992
Pub. L. 102–583 § 9(b) · 106 Stat. 4914
Inserted · 22 U.S.C. § 2403(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(b) Exclusion of Construction Equipment from Definition of Excess Defense Articles.— Section 644(g) of that Act is amend ed by inserting “(other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors)” after “articles” the second place it appears.Pub. L. 104–164 title I § 147(a)(2) · 110 Stat. 1421
Added · 22 U.S.C. § 2403(q)
Pub. L. 104–164 added subsec. (q)
Source evidence
Code amendment note
Subsec. (q). Pub. L. 104–164 added subsec. (q).Enacted provision · exact public law section
(2) Definition.— Section 644 of such Act (22 U.S.C. 2403) is amended by adding at the end the following: “(q) ‘Major non-NATO ally’ means a country which is designated in accordance with section 517 as a major non-NATO ally for purposes of this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).”.
21 of 26 references resolved to an enrolled provision · 5 partial
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 87–195, , 75 Stat. 424, 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, § 1, 68 Stat. 919, 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 section 2011 of Title 42 and Tables.
The Arms Export Control Act, referred to in subsec. (q), is Pub. L. 90–629, , 82 Stat. 1320, 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 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 , which was enacted into permanent law by Pub. L. 98–151.
Amendments1962–1996 · 14 rounds
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, § 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, § 106(b)(6)(B), added subsec. (n).
1973
Subsec. (g). Pub. L. 93–189, § 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, § 22(2), struck out subsec. (i) which defined “mobilization reserve”.
Subsec. (m). Pub. L. 93–189, § 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, § 303(a)(1), excluded production facilities, utilization facilities, and articles involving Restricted Data from definition of “defense articles”.
Subsec. (e). Pub. L. 90–137, § 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, § 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, § 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, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–424 effective , 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 , 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 , see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title.
Transfer of Functions
For 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 section 542 of Title 6.
Credits
1961–1996 · 15 acts
- 1961Pub. L. 87–195, pt. III, § 644, , 75 Stat. 461
- 1962Pub. L. 87–565, pt. III, § 303(b), , 76 Stat. 263
- 1963Pub. L. 88–205, pt. III, § 303, , 77 Stat. 389
- 1965Pub. L. 89–171, pt. III, § 303(b), , 79 Stat. 661
- 1967Pub. L. 90–137, pt. III, § 303(a), , 81 Stat. 462
- 1968Pub. L. 90–629, ch. 4, § 45(b)(5), , 82 Stat. 1327
- 1972Pub. L. 92–226, pt. III, § 304(c)(1), , 86 Stat. 32
- 1973Pub. L. 93–189, § 22, , 87 Stat. 726
- 1976Pub. L. 94–329, title I, § 106(b)(6), , 90 Stat. 733
- 1978Pub. L. 95–424, title I, § 103(b), , 92 Stat. 944
- 1979Pub. L. 96–92, § 22, , 93 Stat. 710
- 1980Pub. L. 96–533, title I, § 115(b)(1), , 94 Stat. 3140
- 1983Pub. L. 98–151, § 101(b)(2), , 97 Stat. 972
- 1992Pub. L. 102–583, § 9(b), , 106 Stat. 4934
- 1996Pub. L. 104–164, title I, § 147(a)(2), , 110 Stat. 1435.
Show as published
(Pub. L. 87–195, pt. III, § 644, , 75 Stat. 461; Pub. L. 87–565, pt. III, § 303(b), , 76 Stat. 263; Pub. L. 88–205, pt. III, § 303, , 77 Stat. 389; Pub. L. 89–171, pt. III, § 303(b), , 79 Stat. 661; Pub. L. 90–137, pt. III, § 303(a), , 81 Stat. 462; Pub. L. 90–629, ch. 4, § 45(b)(5), , 82 Stat. 1327; Pub. L. 92–226, pt. III, § 304(c)(1), , 86 Stat. 32; Pub. L. 93–189, § 22, , 87 Stat. 726; Pub. L. 94–329, title I, § 106(b)(6), , 90 Stat. 733; Pub. L. 95–424, title I, § 103(b), , 92 Stat. 944; Pub. L. 96–92, § 22, , 93 Stat. 710; Pub. L. 96–533, title I, § 115(b)(1), , 94 Stat. 3140; Pub. L. 98–151, § 101(b)(2), , 97 Stat. 972; Pub. L. 102–583, § 9(b), , 106 Stat. 4934; Pub. L. 104–164, title I, § 147(a)(2), , 110 Stat. 1435.)