§ 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, arti-
cle, 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 manu-
facture, production, processing repair, serv-
icing, storage, construction, transportation,
operation, or use of any article listed in this
subsection; or
(4) any component or part of any article list-
ed in this subsection; but
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TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2403
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 unre-
lated to radioactivity), by-product material,
special nuclear material, production facilities,
utilization facilities, or atomic weapons or arti-
cles involving Restricted Data.
(e) ‘‘Defense information’’ includes any docu-
ment, writing, sketch, photograph, plan, model,
specification, design, prototype, or other re-
corded or oral inform
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_f439bf7fdc86aaf1c5449fc1 Source file: Laws/federal/codes/united-states-code-2024/title-22/section-2403-definitions--e60fba6b9b.md Pages: Not recorded – Not recorded Passage SHA-256: c21b514230ebcde66b72d9931f7e432391ba449682c7bd5f3212551461ed828f Retained source evidence SHA-256: 4bed322664a779db175aae20e725b32daa49cd7dd268bb98e3cdec92bd84eab2
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TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2403
Editorial Notes
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, 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.
Statutory Notes and Related Subsidiaries
USAID BRANDING MODERNIZATION
Pub. L. 116–334, Jan. 13, 2021, 134 Stat. 5115, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘USAID Branding Mod-
ernization Act’.
‘‘SEC. 2. AUTHORIZATION FOR BRANDING.
‘‘(a) IN GENERAL.—The Administrator of the United
States Agency for International Development (referred
to in this section as ‘USAID’), in coordination with the
Secretary of State, as appropriate, and with due consid-
eration for the safety and security of implementing
partners and beneficiaries, is authorized to prescribe,
as appropriate, the use of logos or other insignia of the
USAID Identity, or the use of additional or substitute
markings, including the United States flag, to appro-
priately identify, including as required by section 641 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2401), over-
seas programs administered by USAID.
‘‘(b) AUDIT.—Not later than 1 year after the date of
the enactment of this Act [Jan. 13, 2021], the Inspector
General of USAID shall submit to Congress an audit of
compliance with relevant branding and marking re-
quirements of USAID by implementing partners funded
by USAID, including any requirements prescribed pur-
suant to the authorization under subsection (a).’’
Executive Documents
EXECUTIVE ORDER NO. 13964
Ex. Ord. No. 13964, Dec. 10, 2020, 85 F.R. 81333, which
related to rebranding United States foreign assistance
to advance American influence, was revoked by Ex.
Ord. No. 14029, § 1, May 14, 2021, 86 F.R. 27025.
§ 2402. Saving provisions
(a) Determinations, authorizations, regulations,
orders, contracts, agreements, etc., under
prior law
Except as may be expressly provided to the
contrary in this chapter, all determinations, au-
thorizations,
regulations,
orders,
contracts,
agreements, and other actions issued, under-
taken, or entered into under authority of any
provision of law repealed by section 642(a) and
the Foreign Assistance Act of 1969 shall con-
tinue in full force and effect until modified by
appropriate authority.
(b) Compliance with similar provisions of prior
law as compliance with this chapter
Wherever provisions of this chapter establish
conditions which must be complied with before
use may be made of authority contained in, or
funds authorized by, this chapter, compliance
with, or satisfaction of, substantially similar
conditions under Acts listed in section 642(a)
and the Foreign Assistance Act of 1969 or Acts
repealed by those Acts shall be deemed to con-
stitute compliance with the conditions estab-
lished by this chapter.
(c) Continued availability of funds appropriated
pursuant to prior law
Funds made available pursuant to provisions
of law repealed by section 642(a)(2) and the For-
eign Assistance Act of 1969 shall, unless other-
wise authorized or provided by law, remain
available for their original purposes in accord-
ance with the provisions of law originally appli-
cable thereto, or in accordance with the provi-
sions of law currently applicable to those pur-
poses.
(Pub. L. 87–195, pt. III, § 643, Sept. 4, 1961, 75 Stat.
460; Pub. L. 87–565, pt. III, § 303(a), Aug. 1, 1962, 76
Stat. 263; Pub. L. 91–175, pt. III, § 308, Dec. 30,
1969, 83 Stat. 821.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was
in the original ‘‘this Act’’, meaning Pub. L. 87–195,
Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist-
ance 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.
Section 642(a), referred to in text, means section
642(a) of Pub. L. 87–195, which is set out as a note under
section 2151 of this title.
The Foreign Assistance Act of 1969, referred to in sub-
secs. (a) to (c), is Pub. L. 91–175, Dec. 30, 1969, 83 Stat.
805. For complete classification of this Act to the Code,
see Short Title note set out under section 2151 of this
title and Tables.
AMENDMENTS
1969—Subsec. (a). Pub. L. 91–175 inserted ‘‘and Foreign
Assistance Act of 1969’’ after ‘‘section 642(a),’’ and ‘‘sec-
tion 642(a)(2)’’.
1962—Subsec. (d). Pub. L. 87–565 repealed subsec. (d)
which provided that nothing in the chapter was to af-
fect the Peace Corps pending enactment of the Peace
Corps Act or adjournment of the first session of the
87th Congress, whichever was earlier.
§ 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, arti-
cle, 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 manu-
facture, production, processing repair, serv-
icing, storage, construction, transportation,
operation, or use of any article listed in this
subsection; or
(4) any component or part of any article list-
ed in this subsection; but
Page 926
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2403
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 unre-
lated to radioactivity), by-product material,
special nuclear material, production facilities,
utilization facilities, or atomic weapons or arti-
cles involving Restricted Data.
(e) ‘‘Defense information’’ includes any docu-
ment, writing, sketch, photograph, plan, model,
specification, design, prototype, or other re-
corded or oral information relating to any de-
fense article or defense service, but shall not in-
clude 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 assist-
ance, but does not include military educational
and training activities under part V of sub-
chapter II of this chapter.
(g) ‘‘Excess defense articles’’ means the quan-
tity 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 Acqui-
sition Objective and Approved Force Retention
Stock of all Department of Defense Components
at the time such articles are dropped from in-
ventory by the supplying agency for delivery to
countries or international organizations under
this chapter.
(h) ‘‘Function’’ includes any duty, obligation,
power, authority, responsibility, right, privi-
lege, discretion, or activity.
(i) Repealed. Pub. L. 93–189, § 22(2), Dec. 17,
1973, 87 Stat. 726.
(j) ‘‘Officer or employee’’ means civilian per-
sonnel and members of the Armed Forces of the
United States Government.
(k) ‘‘Services’’ include any service, repair,
training of personnel, or technical or other as-
sistance 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 antici-
pated exports for United States dollars, as deter-
mined 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 Govern-
ment in repairing, rehabilitating, or modi-
fying 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 arti-
cle delivered from inventory to foreign coun-
tries 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 arti-
cle 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 serv-
ice; 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 stu-
dents in the United States or overseas by offi-
cers 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.)
Editorial Notes
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, 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
Page 927
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2404
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, 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 sec-
tion 202(b) of H.R. 2992, Ninety-eighth Congress, 1st Ses-
sion, 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, scrap-
ers, loaders, graders, bulldozers, dump trucks, genera-
tors, and compressors)’’ after second reference to ‘‘arti-
cles’’.
1983—Subsec. (m)(5). Pub. L. 98–151 inserted ‘‘or serv-
ices 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 arti-
cle’’ 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 ac-
tivities 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 arti-
cles;
‘‘(2) with respect to nonexcess defense articles de-
livered 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 re-
duced prices) used for transfers or sales of such arti-
cles 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 de-
livered from new procurement to countries or inter-
national organizations under this chapter, the con-
tract 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 de-
termined pursuant to this section. Notwithstanding the
foregoing provisions of this section, the Secretary of
Defense may prescribe regulations authorizing reim-
bursements to the supplying agency based on nego-
tiated 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 ex-
cluded 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 defi-
nition of ‘‘defense service’’ and defined ‘‘training’’, in-
corporating 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 assist-
ance or sales requirements, or pursuant to a military
assistance or sales order’’, and struck out ‘‘as grant as-
sistance’’ 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 unnum-
bered par. after par. (3) substituted ‘‘Military Assist-
ance and sales programs’’ for ‘‘Military assistance pro-
grams’’ and struck out ‘‘by the military assistance pro-
gram’’ 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 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.
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 relat-
ing 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 Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 2404. Unexpended balances
Unexpended balances of funds made available
pursuant to this chapter, the Mutual Security
Act of 1954, as amended, or the Latin American
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2401. Effective date; identification of programs
This chapter shall take effect on September 4,
1961. Programs under this chapter shall be iden-
tified appropriately overseas as ‘‘American
Aid’’.
(Pub. L. 87–195, pt. III, § 641, Sept. 4, 1961, 75 Stat.
460.)
Page 925
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2403
Editorial Notes
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, 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.
Statutory Notes and Related Subsidiaries
USAID BRANDING MODERNIZATION
Pub. L. 116–334, Jan. 13, 2021, 134 Stat. 5115, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘USAID Branding Mod-
ernization Act’.
‘‘SEC. 2. AUTHORIZATION FOR BRANDING.
‘‘(a) IN GENERAL.—The Administrator of the United
States Agency for International Development (referred
to in this section as ‘USAID’), in coordination with the
Secretary of State, as appropriate, and with due consid-
eration for the safety and security of implementing
partners and beneficiaries, is authorized to prescribe,
as appropriate, the use of logos or other insignia of the
USAID Identity, or the use of additional or substitute
markings, including the United States flag, to appro-
priately identify, including as required by section 641 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2401), over-
seas programs administered by USAID.
‘‘(b) AUDIT.—Not later than 1 year after the date of
the enactment of this Act [Jan. 13, 2021], the Inspector
General of USAID shall submit to Congress an audit of
compliance with relevant branding and markin
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim)), 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 informati
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2751. Need for international defense coopera-
tion and military export controls; Presi-
dential waiver; report to Congress; arms
sales policy
As declared by the Congress in the Arms Con-
trol and Disarmament Act [22 U.S.C. 2551 et
seq.], an ultimate goal of the United States con-
tinues to be a world which is free from the
scourge of war and the dangers and burdens of
armaments; in which the use of force has been
subordinated to the rule of law; and in which
international adjustments to a changing world
are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States
to encourage regional arms control and disar-
mament agreements and to discourage arms
races.
The Congress recognizes, however, that the
United States and other free and independent
countries continue to have valid requirements
for effective and mutually beneficial defense re-
lationships in order to maintain and foster the
environment of international peace and security
essential to social, economic, and political
progress. Because of the growing cost and com-
plexity of defense equipment, it is increasingly
difficult and uneconomic for any country, par-
ticularly a developing country, to fill all of its
legitimate defense requirements from its own
design and production base. The need for inter-
national defense cooperation among the United
States and those friendly countries to which it
is allied by mutual defense treaties is especially
important, since the effectiveness of their armed
Page 1186
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
forces to act in concert to deter or defeat ag-
gression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the
United States to faci
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2011. Congressional declaration of policy
Atomic energy is capable of application for
peaceful as well as military purposes. It is there-
fore declared to be the policy of the United
States that—
(a) the development, use, and control of
atomic energy shall be directed so as to make
the maximum contribution to the general wel-
fare, subject at all times to the paramount ob-
jective of making the maximum contribution
to the common defense and security; and
(b) the development, use, and control of
atomic energy shall be directed so as to pro-
mote world peace, improve the general wel-
fare, increase the standard of living, and
strengthen free competition in private enter-
prise.
(Aug. 1, 1946, ch. 724, title I, § 1, as added Aug. 30,
1954, ch. 1073, § 1, 68 Stat. 921; renumbered title I,
Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1 of act Aug. 1, 1946, ch. 724, 60 Stat.
755, which related to declaration of policy and purpose
of former chapter 14 of this title, was classified to sec-
tion 1801 of this title, prior to the general amendment
and renumbering of act Aug. 1, 1946, by act Aug. 30,
1954.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2024 AMENDMENT
Pub. L. 118–67, div. B, § 1(a), July 9, 2024, 138 Stat. 1448,
provided that: ‘‘This division [enacting sections 2155b,
2201b, and 10109 of this title, amending sections 2014,
2133, 2134, 2215, 2231, 2235, 5843, and 16274a of this title,
enacting provisions set out as notes under this section
and sections 2073, 2077, 2133, 2155, 2201, 2201b, 2215, 2235,
and 16281 of this title, and amending provisions set out
as notes under sections 2133 and 2215 of this title] may
be cited as the ‘Accelerating Deployment
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2011. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Periodic determination** The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be declassified and removed from the category of Restricted Data.
**(b) Continuous review** The Commission shall maintain a continuous review of Restricted Data and of any Classification Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security.
**(c) Joint determination on atomic weapons; Presidential determination on disagreement** In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Department of Defense do not agree, the determination shall be made by the President.
**(d) Removal from Restricted Data category**
(1) The Commission shall remove from the Restricted Data category such data as the Commission and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of Defense jointly determine can be adequately safeguarded as defense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or ot
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2162. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2162. Classification and declassification of Re-
stricted Data
(a) Periodic determination
The Commission shall from time to time de-
termine the data, within the definition of Re-
stricted Data, which can be published without
undue risk to the common defense and security
and shall thereupon cause such data to be de-
classified and removed from the category of Re-
stricted Data.
(b) Continuous review
The Commission shall maintain a continuous
review of Restricted Data and of any Classifica-
tion Guides issued for the guidance of those in
the atomic energy program with respect to the
areas of Restricted Data which have been declas-
sified in order to determine which information
may be declassified and removed from the cat-
egory of Restricted Data without undue risk to
the common defense and security.
(c) Joint determination on atomic weapons; Pres-
idential determination on disagreement
In the case of Restricted Data which the Com-
mission and the Department of Defense jointly
determine to relate primarily to the military
utilization of atomic weapons, the determina-
tion that such data may be published without
constituting an unreasonable risk to the com-
mon defense and security shall be made by the
Commission and the Department of Defense
jointly, and if the Commission and the Depart-
ment of Defense do not agree, the determination
shall be made by the President.
(d) Removal from Restricted Data category
(1) The Commission shall remove from the Re-
stricted Data category such data as the Com-
mission and the Department of Defense jointly
determine relates primarily to the military uti-
lization of atomic weapons and which the Com-
mission and Department of Defense jointly de-
termine can be adequately safeguarded as de-
fense information: Prov
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2162. This identifies an authority to review, not proof of applicability.