(1) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war;

(2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;

(3) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing storage, construction, transportation, operation, or use of any article listed in this subsection; or

(4) any component or part of any article listed in this subsection; but

shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011), source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), 1082 byproduct material, special nuclear material, production facilities, 1083 utilization facilities, or atomic weapons or articles involving Restricted Data, 1083

(e) "Defense information" includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but shall not include Restricted Data as defined by the Atomic Energy Act of 1954, as amended, and data removed from the Restricted Data category under section 142d of that Act. 1084

(f) 1085 "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 chapter 5 of part II.

(g) 1086 "Excess defense articles" means the quantity of defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) 1087 owned by the United States Government, and not

1082 The parenthetical phrase was added by sec. 22 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 710).

1083 Sec. 303(a)(1) of the FA Act of 1967 added the words "production facilities, utilization facilities," and "or articles involving Restricted Data.".

1084 Sec. 303(a)(2) of the FA Act of 1967 struck out the words "and formerly Restricted Data" which appeared after the words "Restricted Data,” and added the words to this point beginning with ", and data removed".

1085 Subsec. (f) was amended by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733). It formerly read as follows:

"Defense service' includes any service, test, inspection, repair, training, publication, or technical or other assistance, or defense information used for the purposes of furnishing military assistance. 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.".

1086 Sec. 22(1) of the FA Act of 1973 amended subsec. (g), which formerly 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 mobilization reserve at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this Act.".

1087 Sec. 9(b) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) inserted "(other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors)" after "articles".

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.

(h) "Function" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.

(i) 1088 *** [Repealed-1973]

(j) "Officer or employee" means civilian personnel and members of the Armed Forces of the United States Government.

(k) "Services" include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.

(1) "Surplus agricultural commodity" means any agricultural commodity or product thereof, class, kind, type, or other specification thereof, produced in the United States either publicly or privately owned, which is in excess of domestic requirements, adequate carryover, and anticipated exports for United States dollars, as determined by the Secretary of Agriculture.

(m) 1089 "Value" means

(1) with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying the article, except that for purposes of section 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;

1088 Subsec. (i), which related to mobilization reserve, was repealed by sec. 22(2) of the FA Act of 1973.

1089 Sec. 22(3) of the FA Act of 1973 amended subsec. (m), which formerly read as follows: "(m) 'Value' means, other than in section 657 of this Act

"(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 Act, 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 Act, 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.".

(4) with respect to a defense service, the cost to the United States Government of such service; and

(5) 1090 with respect to military education and training or services provided under chapter 8 of part II of this Act, the additional costs that are incurred by the United States Government in furnishing such assistance.

(n) 1091 "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.

(0) 1092 "Agriculture" includes aquaculture and fisheries.

(p) 1092 "Farmers" includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.

1093

(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.).

Sec. 645.1094 Unexpended Balances.-Unexpended balances of funds made available pursuant to this Act, the Mutual Security Act of 1954, as amended, or the Latin American Development Act, as amended 1095 are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this Act.

Sec. 646.1096 Construction.-If any provision of this Act, or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the applicability of such provision to other circumstances or persons shall not be affected thereby.

Sec. 647.1097 Dependable Fuel Supply.-It is of paramount importance that long-range economic plans take cognizance of the need for a dependable supply of fuels, which is necessary to orderly and stable development and growth, and that dependence not be

1090 Par. (5) was added by sec. 115(b)(1) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3140). The reference to chapter 8 of part II was added by the International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). Pursuant to Public Law 98-151, this amendment was enacted as contained in title II of H.R. 2992, as reported by the House Committee on Foreign Affairs on May 17, 1983.

1091 Subsec. (n) was added by sec. 106(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733).

1092 Subsecs. (o) and (p) were added by sec. 103(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 945).

1093 Sec. 147(a)(2) of Public Law 104-164 (110 Stat. 1435) added subsec. (q).

1094 22 U.S.C. 2404. Sec. 304 of the FA Act of 1963 amended sec. 645, which formerly read as follows: "Unexpended balances of funds made available pursuant to this Act or the Mutual Security Act of 1954, as amended, are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this Act.".

1095 Sec. 303(c) of the FA Act of 1965 inserted "the Latin American Development Act, as amended" in lieu of "Public Law 86-735".

1096 22 U.S.C. 2405.

1097 22 U.S.C. 2406.

placed upon sources which are inherently hostile to free countries and the ultimate well-being of economically underdeveloped countries and which might exploit such dependence for ultimate political domination. The agencies of government in the United States are directed to work with other countries in developing plans for basing development programs on the use of the large and stable supply of relatively low cost fuels available in the free world.

Sec. 648.1098 Special Authorization for Use of Foreign Currencies. Subject to the provisions of section 1415 of the Supplemental Appropriation Act, 1953,1099 the President is authorized, as a demonstration of good will on the part of the people of the United States for the Polish and Italian people, to use foreign currencies accruing to the United States Government under this or any other Act, for assistance on such terms and conditions as he may specify, in the repair, rehabilitation, improvement, and maintenance of cemeteries in Italy serving as the burial place of members of the armed forces of Poland who died in combat in Italy during World War II.

Sec. 649.1100 Limitation on Aggregate Authorization for Use in Fiscal Year 1966. *** [Repealed-1978]

Sec. 650.1101 Use of United States Armed Forces.-The furnishing of economic, military, or other assistance under this Act shall not be construed as creating a new commitment or as affecting any existing commitment to use Armed Forces of the United States for the defense of any foreign country.

Sec. 651.1102 Sale of Supersonic Planes to Israel. *** [Repealed-1978]

Sec. 652.1103 Limitation Upon Exercise of Special Authorities. The President shall not exercise any special authority granted to him under section 506(a), 552(c)(2), 1104 or 610(a) 1105 of this Act unless the President, before 1106 he intends to exercise any such authority, notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this Act under which

1098 22 U.S.C. 2407. Sec. 648 was added by sec. 303, of the FA Act of 1964.

1099 See 31 U.S.C. 1306.

1100 Sec. 649, which had been added by the FA Act of 1965, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). 1101 22 U.S.C. 2409. Sec. 650 was added by sec. 302(b) of the FA Act of 1967.

1102 Sec. 651, as added by the FA Act of 1968, was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

1103 22 U.S.C. 2411. Sec. 304(a)(1) of the FA Act of 1971 amended sec. 652, which had been added by sec. 8 of the Special Foreign Assistance Act of 1971. Sec. 652 formerly read as follows: "Sec. 652. Limitation Upon Additional Assistance to Cambodia.-The President shall not exercise any special authority granted to him under sections 506(a) and 614(a) of this Act for the purpose of providing additional assistance to Cambodia, unless the President, at least thirty days prior to the date he intends to exercise any such authority on behalf of Cambodia (or ten days prior to such date if the President certifies in writing that an emergency exists requiring immediate assistance to Cambodia), notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of each such intended exercise, the section of this Act under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority.".

1104 The reference to sec. 552(c)(2) was added by sec. 105(b)(2) of Public Law 99-83; 99 Stat. 196.

1105 A reference to sec. 614(a), which previously appeared at this point, was struck out by sec. 117(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96533; 94 Stat. 3141).

1106 Sec. 103(c) of Public Law 104-164 (110 Stat. 1424) struck out "prior to the date" and inserted in lieu thereof "before".

such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority.

Sec. 653.1107 Change in Allocation of Foreign Assistance.— (a) 1108 Not later than thirty days after the enactment of any law appropriating funds to carry out any provision of this Act (other than section 451 or 637) or the Arms Export Control Act, 1109 the President shall notify the Congress of each foreign country and international organization to which the United States Government intends to provide any portion of the funds under such law and of the amount of funds under that law, by category of assistance, that the United States Government intends to provide to each.1110

(b) 1111 The provisions of this section shall not apply in the case of any law making continuing appropriations and may not be waived under the provisions of section 614(a) of this Act.

Sec. 654.1112 Presidential Findings and Determinations.— (a) In any case in which the President is required to make a report

1107 22 U.S.C. 2413. Sec. 653 was added by sec. 304(b) of the FA Act of 1971. 1108 The Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2145), provided the following:

"DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

"SEC. 521. For the purpose of this Act, 'program, project, and activity' shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing Program, 'program, project, and activity' shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the United States Agency for International Development 'program, project, and activity' shall also be considered to include central program level funding, either as: (1) justified to the Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961.".

1109 This reference to the Arms Export Control Act was added by sec. 1209(b)(1) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279). 1110 Sec. 21(1) of the FA Act of 1974 struck the balance of subsection (a) at this point. The stricken part read as follows: "Notwithstanding any other provision of law the United States Government shall not provide to any foreign country or international organization any funds under that law which exceeds by 10 per centum the amount of military grant assistance or security supporting assistance, as the case may be, which the President notified the Congress that the United States Government intended to provide that country or organization under that law, unless the President (1) determines that it is in the security interests of the United States that such country or organization receive funds in excess of the amount included in such notification for that country or organization, and (2) reports to Congress at least ten days prior to the date on which such excess funds are to be provided to that country or organization, each such determination, including the name of the country or organization to receive funds in excess of such per centum, the amount of funds in excess of that per centum which are to be provided, and the justification for providing the additional assistance.".

1111 Sec. 1209(b)(3) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) redesignated this former subsec. (c) as subsec. (b), and struck out the former subsec. (b), which read as follows:

"(b) Notwithstanding any other provision of law, no military grant assistance, assistance under chapter 4 of part II of this Act, assistance under chapter 1 of part I of this Act, or assistance under chapter 6 of part II of this Act, may be furnished to any country or international organization in any fiscal year, if such assistance exceeds by 10 percent or more the amount of such military grant assistance, under chapter 4 of part II of this Act, assistance under chapter 1 of part I of this Act, or assistance under chapter 6 of part II of this Act, as the case may be, set forth in the report required by subsection (a) of this section, unless

"(1) the President reports to the Congress, at least ten days prior to the date on which such excess funds are provided, the country or organization to be provided the excess funds, the amount and category of the excess funds, and the justification for providing the excess funds; and

"(2) in the case of military grant assistance or assistance under chapter 4 of part II of this Act or assistance under chapter 6 of part II, the President includes in the report under paragraph (1) his determination that it is in the security interest of the United States to provide the excess funds.

This subsection shall not apply if the excess funds provided in any fiscal year to any country or international organization for any category of assistance are less than $1,000,000.".

1112 22 U.S.C. 2414. Sec. 654 was added by sec. 304(b) of the FA Act of 1971.