267Nothing moves without US consent---the transferor is the US Government.
AECA 53 — Arms Export Control Act §3, codified at 22 U.S.C. §2753. Eligibility and end-use provision of the governing arms-export statute; text in effect August 26, 2026. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2753 - Eligibility for defense services or defense articles," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2753&num=0&edition=prelim Clopus
No defense article or defense service shall be sold or leased by the United States Government under this chapter to any country or international organization, and no agreement shall be entered into for a cooperative project (as defined in section 2767 of this title ), unless-
(1) the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace;
(2) the country or international organization shall have agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it, or produced in a cooperative project (as defined in section 2767 of this title ), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other defense service for purposes other than those for which furnished unless the consent of the President has first been obtained;
(3) the country or international organization shall have agreed that it will maintain the security of such article or service and will provide substantially the same degree of security protection afforded to such article or service by the United States Government; and
(4) the country or international organization is otherwise eligible to purchase or lease defense articles or defense services.
In considering a request for approval of any transfer of any weapon, weapons system, munitions, aircraft, military boat, military vessel, or other implement of war to another country, the President shall not give his consent under paragraph (2) to the transfer unless the United States itself would transfer the defense article under consideration to that country. In addition, the President shall not give his consent under paragraph (2) to the transfer of any significant defense articles on the United States Munitions List unless the foreign country requesting consent to transfer agrees to demilitarize such defense articles prior to transfer, or the proposed recipient foreign country provides a commitment in writing to the United States Government that it will not transfer such defense articles, if not demilitarized, to any other foreign country or person without first obtaining the consent of the President. The President shall promptly submit a report to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the Committee on Foreign Relations of the Senate on the implementation of each agreement entered into pursuant to clause (2) of this subsection.
268Reduce and terminate are different verbs---one doesn’t require the other.
FAA 62 — Foreign Assistance Act of 1961 §505(c), codified at 22 U.S.C. §2314(c). Subsection added in 1962 by Pub. L. 87-565; the statute that governs grant transfers of defense articles. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2314," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2314&num=0&edition=prelim Clopus
(c) Reduction and termination of grants to countries able to maintain adequate military forces without undue economic strain
The President shall regularly reduce and, with such deliberate speed as orderly procedure and other relevant considerations, including prior commitments, will permit, shall terminate all further grants of military equipment and supplies to any country having sufficient wealth to enable it, in the judgment of the President, to maintain and equip its own military forces at adequate strength, without undue burden to its economy.
269A reduction in transfers is decreasing sales, credit sales and guarantees.
AECA 26 — Arms Export Control Act §1, codified at 22 U.S.C. §2751. Statute governing all U.S. arms exports; policy paragraphs added by Pub. L. 94-329 and Pub. L. 95-384. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2751," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim Clopus
1978 - Pub. L. 95–384, §15(a), inserted paragraph relating to adherence to a policy of restraint in conventional arms transfer.
1976 - Pub. L. 94–329 substituted in last paragraph provision relating to a new statement of policy whereby the United States shall exert leadership in the reduction of international trade in arms, and in that regard, the President to initiate discussions and actively work with other nations with a view towards control of international trade in arms, for provisions relating to a reduction in the role of the United States in furnishing of defense articles and defense services to foreign countries and international organizations by decreasing sales, credit sales and guarantees of such articles and services.
1973 - Pub. L. 93–189 inserted last paragraph relating to a reduction by the United States in the furnishing of defense articles and defense services to foreign countries.
270A regulatory reduction is preventing or decreasing the amount---that’s all.
The regulation defines the compound, not "reduce" standing alone---offer it as corroboration of ordinary usage and say so before they do.
FAR 26 — Federal Acquisition Regulation, 48 C.F.R. §52.223-10. Issued jointly by the Department of Defense, GSA and NASA; the government-wide contract clause. Code of Federal Regulations, "48 CFR §52.223-10 - Waste Reduction Program," https://www.ecfr.gov/current/title-48/chapter-1/subchapter-H/part-52/subpart-52.2/section-52.223-10 Clopus
Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.
Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.
271DoD reads a substantial reduction as a share of the dollars obligated.
DFARS 18 — Defense Federal Acquisition Regulation Supplement, 48 C.F.R. §252.249-7002, clause "Notification of Anticipated Contract Termination or Reduction (OCT 2015)," as in force on January 1, 2018. Issued by the Department of Defense implementing §1372 of the FY1994 National Defense Authorization Act, Pub. L. 103-160. Electronic Code of Federal Regulations point-in-time edition, https://www.ecfr.gov/on/2018-01-01/title-48/chapter-2/subchapter-H/part-252/subpart-252.2/section-252.249-7002 Clopus the DEC 2022 revision of this clause removed the definition---read as DoD’s construction of the phrase, not as current law
Notification of Anticipated Contract Termination or Reduction (OCT 2015)
(a) Definitions. Major defense program means a program that is carried out to produce or acquire a major system (as defined in 10 U.S.C. 2302(5) ) (see also DoD 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs).
Substantial reduction means a reduction of 25 percent or more in the total dollar value of funds obligated by the contract.
272The statute prices what moves---transfers are counted in value, not in terms.
AECA 14 — Arms Export Control Act §47, codified at 22 U.S.C. §2794. Definitions section of the governing arms-export statute, as amended by Pub. L. 113-276 §207. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2794 - Definitions," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2794&num=0&edition=prelim Clopus
(2) "value" means, in the case of an excess defense article, except as otherwise provided in section 2761(a) of this title , not less than the greater of-
(A) the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or
(B) the market value, if ascertainable;
273What shrinks is a listed category---ammunition and ordnance, enumerated.
ITAR 121.1 — International Traffic in Arms Regulations, 22 C.F.R. §121.1, the United States Munitions List. Directorate of Defense Trade Controls, U.S. Department of State; source note 87 FR 16411. Code of Federal Regulations, "22 CFR §121.1 - The United States Munitions List," https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-121/section-121.1 Clopus
Category III—Ammunition and Ordnance
(a) Ammunition, as follows:
* (1) Ammunition that incorporates a projectile controlled in paragraph (d)(1) or (3) of this category;
* (2) Ammunition preassembled into links or belts;
* (3) Shotgun ammunition that incorporates a projectile controlled in paragraph (d)(2) of this category;
274A power to reduce lowers a sum---it can’t touch the conditions attached.
Cason 73 — Supreme Court of Missouri. June 6. State ex rel. Cason v. Bond, 495 S.W.2d 385, No. 58315, quoting the Supreme Judicial Court of Massachusetts, 2 N.E.2d 790. Caselaw Access Project, Harvard Law School Library, https://static.case.law/sw2d/495/html/0385-01.html Clopus
Article 63, § 5 of the Massachusetts Constitution provided that “the governor may disapprove or reduce items or parts of items in any bill appropriating money.” The Massachusetts Court held that the action of the Governor in striking the language as to purposes of the appropriation was a nullity, saying, 2 N.E.2d 1 . c. 790:
“ * * * The fact that this action relates solely to appropriation bills, in conjunction with the word ‘reduce,’ indicates clearly that the expression ‘items or parts of items’ refers to separable fiscal units. They are appropriations of sums of money. Power is conferred upon the Governor to reduce a sum of money appropriated, or to disapprove the appropriation entirely. No power is conferred to change the terms of an appropriation except by reducing the amount thereof. Words or phrases are not ‘items or parts of items.’ This principle applies to the condition attached to the appropriation now in question. That condition is not an item or a part of an item. The veto power conferred upon the Governor was designed to enable him to recommend the striking out or reduction of any item or part of an item. In the present instance His Excellency the Governor did not undertake to veto the appropriation of $100,000 made by item 101, or any part of it, nor to reduce that amount or any part of it apportioned to a specific purpose. He sought, rather, as shown by his message, to enlarge the appropriation made by the General Court by throwing the $100,000 into a common fund to be used for any one of several different purposes. We are of opinion that the power conferred upon him by said article 63 does not extend to the removal of restrictions imposed upon the use of the items appropriated.”
275Even in the FMS statute, reduce takes an amount as its object.
AECA 61 — Arms Export Control Act §21, codified at 22 U.S.C. §2761. The Foreign Military Sales authority---the statute under which the executive sells defense articles and services to foreign governments. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2761 - Sales from stocks," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim Clopus
(e) Charges; reduction or waiver
(1) After September 30, 1976, letters of offer for the sale of defense articles or for the sale of defense services that are issued pursuant to this section or pursuant to section 2762 of this title shall include appropriate charges for-
(A) administrative services, calculated on an average percentage basis to recover the full estimated costs (excluding a pro rata share of fixed base operation costs) of administration of sales made under this chapter to all purchasers of such articles and services as specified in section 2792(b) of this title and section 2792(c) of this title ;
(B) a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment (except for equipment wholly paid for either from funds transferred under section 503(a)(3) of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2311(a)(3) ] or from funds made available on a nonrepayable basis under section 2763 of this title ); and
(C) the recovery of ordinary inventory losses associated with the sale from stock of defense articles that are being stored at the expense of the purchaser of such articles.
(2)(A) The President may reduce or waive the charge or charges which would otherwise be considered appropriate under paragraph (1)(B) for particular sales that would, if made, significantly advance United States Government interests in North Atlantic Treaty Organization standardization, standardization with the Armed Forces of Japan, Australia, the Republic of Korea, Israel, or New Zealand in furtherance of the mutual defense treaties between the United States and those countries, or foreign procurement in the United States under coproduction arrangements.
276A substantial reduction is a quarter of the money---DoD’s own phrase.
Read the disclosure first---the DEC 2022 clause dropped this sentence. It is DoD’s construction of the phrase, not current law, and it still defines the resolutional string in the right field, which no percentage card of theirs does.
DFARS 18 — Defense Federal Acquisition Regulation Supplement, 48 C.F.R. §252.249-7002, clause "Notification of Anticipated Contract Termination or Reduction (OCT 2015)," as in force on January 1, 2018. Issued by the Department of Defense implementing §1372 of the FY1994 National Defense Authorization Act, Pub. L. 103-160. Electronic Code of Federal Regulations point-in-time edition, https://www.ecfr.gov/on/2018-01-01/title-48/chapter-2/subchapter-H/part-252/subpart-252.2/section-252.249-7002 Clopus the DEC 2022 revision of this clause removed the definition---read as DoD’s construction of the phrase, not as current law
Notification of Anticipated Contract Termination or Reduction (OCT 2015)
(a) Definitions. Major defense program means a program that is carried out to produce or acquire a major system (as defined in 10 U.S.C. 2302(5) ) (see also DoD 5000.2-R, Mandatory Procedures for Major Defense Acquisition Programs (MDAPs) and Major Automated Information System (MAIS) Acquisition Programs).
Substantial reduction means a reduction of 25 percent or more in the total dollar value of funds obligated by the contract.
277The arms statute makes substantial reachable by gravity---not just volume.
AECA 53 — Arms Export Control Act §3, codified at 22 U.S.C. §2753. Eligibility and end-use provision of the governing arms-export statute; text in effect August 26, 2026. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2753 - Eligibility for defense services or defense articles," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2753&num=0&edition=prelim Clopus
(1)(A) No credits (including participations in credits) may be issued and no guaranties may be extended for any foreign country under this chapter as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, or any predecessor Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (i) by using such articles or services for a purpose not authorized under section 2754 of this title or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 2754 of this title for a purpose not authorized under such agreement; (ii) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (iii) by failing to maintain the security of such articles or services.
(B) No cash sales or deliveries pursuant to previous sales may be made with respect to any foreign country under this chapter as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, or any predecessor Act, in substantial violation (either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such articles or services for a purpose not authorized under section 2754 of this title or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 2754 of this title , for a purpose not authorized under such agreement.
278Congress measures arms transfers per fiscal year---against current levels.
AECA 26 — Arms Export Control Act §1, codified at 22 U.S.C. §2751. Statute governing all U.S. arms exports; policy paragraphs added by Pub. L. 94-329 and Pub. L. 95-384. Office of the Law Revision Counsel, U.S. House of Representatives, "22 U.S. Code §2751," https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim Clopus
It is the sense of the Congress that the aggregate value of defense articles and defense services-
(1) which are sold under section 2761 or section 2762 of this title ; or
(2) which are licensed or approved for export under section 2778 of this title to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract;
in any fiscal year should not exceed current levels.
279The CFR’s own floor for a substantial portion is thirty percent.
DOE 26 — U.S. Department of Energy, 10 C.F.R. §490.301. Alternative Fuel Transportation Program definitions; the lowest quantified threshold for a "substantial portion" anywhere in the CFR. Code of Federal Regulations, "10 CFR §490.301 - Definitions," https://www.ecfr.gov/current/title-10/chapter-II/subchapter-D/part-490/subpart-D/section-490.301 Clopus
Principal Business means the sales-related activity that produces the greatest gross revenue.
Substantial Portion means that at least 30 percent of the annual gross revenue of a covered person is derived from the sale of alternative fuels.
280Substantiality is importance---it holds even where the role is minor.
OGE 26 — U.S. Office of Government Ethics, 5 C.F.R. §2641.201(i)(3). Post-employment conflict-of-interest regulation; the one place the federal government tells you how to apply the adverb. Code of Federal Regulations, "5 CFR §2641.201," https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2641/subpart-B/section-2641.201 Clopus
( 3 ) Substantially. To participate “substantially” means that the employee's involvement is of significance to the matter. Participation may be substantial even though it is not determinative of the outcome of a particular matter. However, it requires more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue. A finding of substantiality should be based not only on the effort devoted to a matter, but also on the importance of the effort. While a series of peripheral involvements may be insubstantial, the single act of approving or participating in a critical step may be substantial. Provided that an employee participates in the substantive merits of a matter, his participation may be substantial even though his role in the matter, or the aspect of the matter in which he is participating, may be minor in relation to the matter as a whole. Participation in peripheral aspects of a matter or in aspects not directly involving the substantive merits of a matter (such as reviewing budgetary procedures or scheduling meetings) is not substantial.