{"identifier":"/us/usc/t22/s2403","title":22,"num":"\u00a7\u202f2403.","heading":"Definitions","text":"\u00a7\u202f2403.\nDefinitions\nAs used in this chapter\u2014\n(a) \u201cAgency of the United States Government\u201d includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.\n(b) \u201cArmed Forces\u201d of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.\n(c) \u201cCommodity\u201d includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.\n(d) \u201cDefense article\u201d includes\u2014\n(1) any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;\n(2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;\n(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\n(4) any component or part of any article listed in this subsection; but\nshall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (\n42 U.S.C. 2011\n(e) \u201cDefense information\u201d 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 [\n42 U.S.C. 2011\n42 U.S.C. 2162(d)\n(f) \u201cDefense service\u201d 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.\n(g) \u201cExcess defense articles\u201d 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.\n(h) \u201cFunction\u201d includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.\n(i) Repealed.\nPub. L. 93\u2013189, \u00a7\u202f22(2)\nDec. 17, 1973\n87 Stat. 726\n(j) \u201cOfficer or employee\u201d means civilian personnel and members of the Armed Forces of the United States Government.\n(k) \u201cServices\u201d include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.\n(l) \u201cSurplus agricultural commodity\u201d 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.\n(m) \u201cValue\u201d means\u2014\n(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\nsection 2392(d) of this title\n(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;\n(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;\n(4) with respect to a defense service, the cost to the United States Government of such service; and\n(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(n) \u201cMilitary education and training\u201d 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.\n(o) \u201cAgriculture\u201d includes aquaculture and fisheries.\n(p) \u201cFarmers\u201d includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.\n(q) \u201cMajor non-NATO ally\u201d means a country which is designated in accordance with\nsection 2321k of this title\n22 U.S.C. 2751","url":"https://projectusc.org/usc/t22/s2403.html","content":[{"t":"sec","id":"/us/usc/t22/s2403","children":[{"t":"num","text":"\u00a7\u202f2403."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"subsec","id":"/us/usc/t22/s2403/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" \u201cAgency of the United States Government\u201d includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" \u201cArmed Forces\u201d of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" \u201cCommodity\u201d includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/d","children":[{"t":"num","text":"(d)"},{"t":"chapeau","text":" \u201cDefense article\u201d includes\u2014"},{"t":"para","id":"/us/usc/t22/s2403/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/d/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/d/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" any component or part of any article listed in this subsection; but","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (","children":[{"t":"ref","text":"42 U.S.C. 2011","href":"/us/usc/t42/s2011","tail":"), 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."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/e","children":[{"t":"num","text":"(e)"},{"t":"content","text":" \u201cDefense information\u201d 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 [","children":[{"t":"ref","text":"42 U.S.C. 2011","href":"/us/usc/t42/s2011","tail":" et seq.], and data removed from the Restricted Data category under section 142d of that Act ["},{"t":"ref","text":"42 U.S.C. 2162(d)","href":"/us/usc/t42/s2162/d","tail":"]."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/f","children":[{"t":"num","text":"(f)"},{"t":"content","text":" \u201cDefense service\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/g","children":[{"t":"num","text":"(g)"},{"t":"content","text":" \u201cExcess defense articles\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/h","children":[{"t":"num","text":"(h)"},{"t":"content","text":" \u201cFunction\u201d includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Repealed. ","children":[{"t":"ref","text":"Pub. L. 93\u2013189, \u00a7\u202f22(2)","href":"/us/pl/93/189/s22/2","tail":", "},{"t":"text","text":"Dec. 17, 1973","tail":", "},{"t":"ref","text":"87 Stat. 726","href":"/us/stat/87/726","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/j","children":[{"t":"num","text":"(j)"},{"t":"content","text":" \u201cOfficer or employee\u201d means civilian personnel and members of the Armed Forces of the United States Government.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/k","children":[{"t":"num","text":"(k)"},{"t":"content","text":" \u201cServices\u201d include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/l","children":[{"t":"num","text":"(l)"},{"t":"content","text":" \u201cSurplus agricultural commodity\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/m","children":[{"t":"num","text":"(m)"},{"t":"chapeau","text":" \u201cValue\u201d means\u2014"},{"t":"para","id":"/us/usc/t22/s2403/m/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 2392(d) of this title","href":"/us/usc/t22/s2392/d","tail":" such actual value shall not be taken into account;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/m/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/m/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/m/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" with respect to a defense service, the cost to the United States Government of such service; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2403/m/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/n","children":[{"t":"num","text":"(n)"},{"t":"content","text":" \u201cMilitary education and training\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/o","children":[{"t":"num","text":"(o)"},{"t":"content","text":" \u201cAgriculture\u201d includes aquaculture and fisheries.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/p","children":[{"t":"num","text":"(p)"},{"t":"content","text":" \u201cFarmers\u201d includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2403/q","children":[{"t":"num","text":"(q)"},{"t":"content","text":" \u201cMajor non-NATO ally\u201d means a country which is designated in accordance with ","children":[{"t":"ref","text":"section 2321k of this title","href":"/us/usc/t22/s2321k","tail":" as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act ("},{"t":"ref","text":"22 U.S.C. 2751","href":"/us/usc/t22/s2751","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}