This chapter, referred to in text, was in the original “this Act”, meaning Puspan. 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 Short Title note set out under section 2011 of Title 42 and Tables.

The Arms Export Control Act, referred to in subsec. (q), is Puspan. 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.

The 1983 amendment by Puspan. L. 98–151 is based on section 202(span) of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May 17, 1983, which was enacted into permanent law by Puspan. L. 98–151.

1996—Subsec. (q). Puspan. L. 104–164 added subsec. (q).

1992—Subsec. (g). Puspan. 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). Puspan. L. 98–151 inserted “or services provided under part VIII of subchapter II of this chapter”.

1980—Subsec. (m)(5). Puspan. L. 96–533 added par. (5).

1979—Subsec. (d). Puspan. 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). Puspan. L. 95–424 added subsecs. (o) and (p).

1976—Subsec. (f). Puspan. L. 94–329, § 106(span)(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). Puspan. L. 94–329, § 106(span)(6)(B), added subsec. (n).

1973—Subsec. (g). Puspan. 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). Puspan. L. 93–189, § 22(2), struck out subsec. (i) which defined “mobilization reserve”.

Subsec. (m). Puspan. 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). Puspan. L. 92–226 substituted “ ‘Value’ means, other than in section 2417 of this title” for “ ‘Value’ means”.

1968—Subsec. (m). Puspan. L. 90–629 struck out “and sales” before “programs” in text following par. (3).

1967—Subsec. (d). Puspan. L. 90–137, § 303(a)(1), excluded production facilities, utilization facilities, and articles involving Restricted Data from definition of “defense articles”.

Subsec. (e). Puspan. 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). Puspan. 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). Puspan. L. 89–171, § 303(span)(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). Puspan. L. 89–171, § 303(span)(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). Puspan. L. 88–205 inserted “including orientation”.

1962—Subsec. (m)(2), (3). Puspan. L. 87–565 struck out “as grant assistance” after “international organizations”.

Amendment by Puspan. L. 95–424 effective Oct. 1, 1978, see section 605 of Puspan. L. 95–424, set out as a note under section 2151 of this title.

Amendment by Puspan. L. 92–226 applicable with respect to each fiscal year commencing on or after July 1, 1971, see section 304(c)(3) of Puspan. L. 92–226, set out as a note under section 2394 of this title.

Amendment by Puspan. L. 90–629 effective on July 1, 1968, see section 41 of Puspan. L. 90–629, set out as an Effective Date note under section 2751 of this title.

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(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.