
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2321h]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                      Part II--Military Assistance
 
Sec. 2321h. Stockpiling of defense articles for foreign 
        countries
        

(a) Transfer of defense articles

    No defense article in the inventory of the Department of Defense 
which is set aside, reserved, or in any way earmarked or intended for 
future use by any foreign country may be made available to or for use by 
any foreign country unless such transfer is authorized under this 
chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any 
subsequent corresponding legislation, and the value of such transfer is 
charged against funds authorized under such legislation or against the 
limitations specified in such legislation, as appropriate, for the 
fiscal period in which such defense article is transferred. For purposes 
of this subsection, ``value'' means the acquisition cost plus crating, 
packing, handling, and transportation costs incurred in carrying out 
this section.

(b) Fiscal year limits on new stockpiles or additions to existing 
        stockpiles located in foreign countries

    (1) The value of defense articles to be set aside, earmarked, 
reserved, or intended for use as war reserve stocks for allied or other 
foreign countries (other than for purposes of the North Atlantic Treaty 
Organization or in the implementation of agreements with Israel) in 
stockpiles located in foreign countries may not exceed in any fiscal 
year an amount that is specified in security assistance authorizing 
legislation for that fiscal year.
    (2)(A) The value of such additions to stockpiles of defense articles 
in foreign countries shall not exceed $50,000,000 for fiscal year 2001.
    (B) Of the amount specified in subparagraph (A), not more than 
$50,000,000 may be made available for stockpiles in the Republic of 
Korea.

(c) Location of stockpiles of defense articles

                           (1) Limitation

        Except as provided in paragraph (2), no stockpile of defense 
    articles may be located outside the boundaries of a United States 
    military base or a military base used primarily by the United 
    States.

                           (2) Exceptions

        Paragraph (1) shall not apply with respect to stockpiles of 
    defense articles located in the Republic of Korea, Thailand, any 
    country that is a member of the North Atlantic Treaty Organization, 
    any country that is a major non-NATO ally, or any other country the 
    President may designate. At least 15 days before designating a 
    country pursuant to the last clause of the preceding sentence, the 
    President shall notify the congressional committees specified in 
    section 2394-1(a) of this title in accordance with the procedures 
    applicable to reprogramming notifications under that section.

(d) Transferred articles not to be considered excess articles in 
        determining value

    No defense article transferred from any stockpile which is made 
available to or for use by any foreign country may be considered an 
excess defense article for the purpose of determining the value thereof.

(Pub. L. 87-195, pt. II, Sec. 514, as added Pub. L. 93-559, Sec. 15, 
Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94-329, title I, Sec. 103, 
June 30, 1976, 90 Stat. 730; Pub. L. 95-92, Sec. 6, Aug. 4, 1977, 91 
Stat. 615; Pub. L. 95-384, Sec. 8, Sept. 26, 1978, 92 Stat. 732; Pub. L. 
96-92, Sec. 6(a), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96-533, title I, 
Sec. 113, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113, title I, 
Sec. 111, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 98-473, title I, 
Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; 
Pub. L. 99-83, title I, Sec. 124, Aug. 8, 1985, 99 Stat. 205; Pub. L. 
100-202, Sec. 101(e) [title III, Sec. 301], Dec. 22, 1987, 101 Stat. 
1329-131, 1329-147; Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 
102 Stat. 2268-36; Pub. L. 101-167, title V, Sec. 587(b), Nov. 21, 1989, 
103 Stat. 1253; Pub. L. 101-510, div. A, title XIII, Sec. 1303(b), Nov. 
5, 1990, 104 Stat. 1669; Pub. L. 101-513, title V, Sec. 573, Nov. 5, 
1990, 104 Stat. 2042; Pub. L. 102-391, title V, Sec. 569, Oct. 6, 1992, 
106 Stat. 1681; Pub. L. 103-87, title V, Sec. 535, Sept. 30, 1993, 107 
Stat. 955; Pub. L. 103-306, title V, Sec. 535, Aug. 23, 1994, 108 Stat. 
1637; Pub. L. 104-107, title V, Sec. 531B, Feb. 12, 1996, 110 Stat. 732; 
Pub. L. 105-118, title V, Sec. 575, Nov. 26, 1997, 111 Stat. 2433; Pub. 
L. 105-277, div. A, Sec. 101(d) [title V, Sec. 571], Oct. 21, 1998, 112 
Stat. 2681-150, 2681-198; Pub. L. 106-113, div. B, Secs. 1000(a)(2) 
[title V, Sec. 584], 1000(a)(7) [div. B, title XII, Sec. 1231], Nov. 29, 
1999, 113 Stat. 1535, 1536, 1501A-117, 1501A-499; Pub. L. 106-280, title 
I, Sec. 111, Oct. 6, 2000, 114 Stat. 849.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
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 Arms Export Control Act, referred to in subsec. (a), is Pub. L. 
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified 
principally to chapter 39 (Sec. 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

    Amendment by Pub. L. 98-473 is based on section 116(a) of H.R. 5119, 
Ninety-eighth Congress, as passed by the House of Representatives May 
10, 1984, which was enacted into permanent law by Pub. L. 98-473.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-280 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows:
    ``(2)(A) The value of such additions to stockpiles of defense 
articles in foreign countries shall not exceed $60,000,000 for fiscal 
year 2000.
    ``(B) Of the amount specified in subparagraph (A), not more than 
$40,000,000 may be made available for stockpiles in the Republic of 
Korea and not more than $20,000,000 may be made available for stockpiles 
in Thailand.''
    1999--Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(7) [title XII, 
Sec. 1231], amended par. (2) generally. Prior to amendment, par. (2) 
read as follows:
    ``(A) The value of such additions to stockpiles of defense articles 
in foreign countries shall not exceed $340,000,000 for fiscal year 1999 
and $60,000,000 for fiscal year 2000.
    ``(B) Of the amount specified in subparagraph (A) for fiscal year 
1999, not more than $320,000,000 may be made available for stockpiles in 
the Republic of Korea and not more than $20,000,000 may be made 
available for stockpiles in Thailand. Of the amount specified in 
subparagraph (A) for fiscal year 2000, not more than $40,000,000 may be 
made available for stockpiles in the Republic of Korea and not more than 
$20,000,000 may be made available for stockpiles in Thailand.''
    Subsec. (b)(2)(A). Pub. L. 106-113, Sec. 1000(a)(2) [title V, 
Sec. 584(a)], inserted ``and $60,000,000 for fiscal year 2000'' before 
period at end and directed the striking of ``$50,000,000 for each of the 
fiscal years 1996 and 1997, $60,000,000 for fiscal year 1998, and'', 
which was executed by striking after ``shall not exceed'' text which did 
not include a comma after ``1998'' to reflect the probable intent of 
Congress.
    Subsec. (b)(2)(B). Pub. L. 106-113, Sec. 1000(a)(2) [title V, 
Sec. 584(b)], struck out ``Of the amount specified in subparagraph (A) 
for each of the fiscal years 1996 and 1997, not more than $40,000,000 
may be made available for stockpiles in the Republic of Korea and not 
more than $10,000,000 may be made available for stockpiles in Thailand. 
Of the amount specified in subparagraph (A) for fiscal year 1998, not 
more than $40,000,000 may be made available for stockpiles in the 
Republic of Korea and not more than $20,000,000 may be made available 
for stockpiles in Thailand. Of the amount specified in subparagraph (A) 
for fiscal year 1999, not more than $320,000,000 may be made available 
for stockpiles in the Republic of Korea and not more than $20,000,000 
may be made available for stockpiles in Thailand.'' after ``(B)'' and 
inserted at end ``Of the amount specified in subparagraph (A) for fiscal 
year 2000, not more than $40,000,000 may be made available for 
stockpiles in the Republic of Korea and not more than $20,000,000 may be 
made available for stockpiles in Thailand.''
    1998--Subsec. (b)(2)(A). Pub. L. 105-277, Sec. 101(d) [title V, 
Sec. 571(a)], substituted a comma for ``and'' after ``1997'' and 
inserted ``and $340,000,000 for fiscal year 1999'' before period at end.
    Subsec. (b)(2)(B). Pub. L. 105-277, Sec. 101(d) [title V, 
Sec. 571(b)], inserted at end ``Of the amount specified in subparagraph 
(A) for fiscal year 1999, not more than $320,000,000 may be made 
available for stockpiles in the Republic of Korea and not more than 
$20,000,000 may be made available for stockpiles in Thailand.''
    1997--Subsec. (b)(2)(A). Pub. L. 105-118, Sec. 575(a), inserted 
``and $60,000,000 for fiscal year 1998'' before period at end.
    Subsec. (b)(2)(B). Pub. L. 105-118, Sec. 575(b), inserted at end 
``Of the amount specified in subparagraph (A) for fiscal year 1998, not 
more than $40,000,000 may be made available for stockpiles in the 
Republic of Korea and not more than $20,000,000 may be made available 
for stockpiles in Thailand.''
    1996--Subsec. (b)(1). Pub. L. 104-107, Sec. 531B(a), inserted ``or 
in the implementation of agreements with Israel'' after ``North Atlantic 
Treaty Organization''.
    Subsec. (b)(2). Pub. L. 104-107, Sec. 531B(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``The value of 
such additions to stockpiles in foreign countries shall not exceed a 
total of $200,000,000 for stockpiles in Israel for fiscal years 1994 and 
1995, up to $40,000,000 may be made available for stockpiles in the 
Republic of Korea, and up to $10,000,000 may be made available for 
stockpiles in Thailand for fiscal year 1995, up to $72,000,000 may be 
made available for stockpiles in the Republic of Korea, and up to 
$20,000,000 may be made available for stockpiles in Thailand.''
    Subsec. (c). Pub. L. 104-107, Sec. 531B(c), inserted heading and 
amended text generally. Prior to amendment, text read as follows: 
``Except for stockpiles in existence on June 30, 1976 and for stockpiles 
located in the Republic of Korea, Thailand, or countries which are 
members of the North Atlantic Treaty Organization, or major non-NATO 
allies, no stockpile may be located outside the boundaries of a United 
States military base or a military base used primarily by the United 
States.''
    1994--Subsec. (b)(2). Pub. L. 103-306 substituted ``a total of 
$200,000,000 for stockpiles in Israel for fiscal years 1994 and 1995, up 
to $40,000,000 may be made available for stockpiles in the Republic of 
Korea, and up to $10,000,000 may be made available for stockpiles in 
Thailand for fiscal year 1995'' for ``$200,000,000 for stockpiles in 
Israel for fiscal year 1994''.
    1993--Subsec. (b)(2). Pub. L. 103-87 which directed amendment of 
par. (2) ``by striking out `$389,000,000 for fiscal year 1993, of which 
amount not less than $200,000,000 shall be available for stockpiles in 
Israel, and up to $189,000,000 may be available for stockpiles in the 
Republic of Korea' and inserting in lieu thereof `$200,000,000 for 
stockpiles in Israel for fiscal year 1994', up to $72,000,000 may be 
made available for stockpiles in the Republic of Korea, and up to 
$20,000,000 may be made available for stockpiles in Thailand.'' was 
executed as if the end quotation mark for the inserted material followed 
``Thailand'' rather than following ``1994'' to reflect the probable 
intent of Congress.
    1992--Subsec. (b)(2). Pub. L. 102-391, which directed the 
substitution of ``$389,000,000 for fiscal year 1993, of which amount not 
less than $200,000,000 shall be available for stockpiles in Israel, and 
up to $189,000,000 may be available for stockpiles in the Republic of 
Korea'' for ``$378,000,000 for fiscal year 1991, of which amount not 
less than $300,000,000 shall be available for stockpiles in Israel'', 
was executed by making such substitution for ``$378,000,000 for fiscal 
year 1991, of which amount not less than $300,000,000 shall be for 
stockpiles in Israel'', to reflect the probable intent of Congress.
    1990--Subsec. (b)(2). Pub. L. 101-513, Sec. 573(b), substituted 
``$378,000,000 for fiscal year 1991, of which amount not less than 
$300,000,000 shall be for stockpiles in Israel'' for ``$165,000,000 for 
fiscal year 1990''.
    Subsec. (c). Pub. L. 101-513, Sec. 573(a), inserted ``or major non-
NATO allies,'' after ``Organization,''.
    Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which read as 
follows: ``The President shall promptly report to the Congress each new 
stockpile, or addition to an existing stockpile, described in this 
section of defense articles valued in excess of $10,000,000 in any 
fiscal year.''
    1989--Subsec. (b)(1). Pub. L. 101-167, Sec. 587(b)(1), substituted 
``an amount that is specified'' for ``an amount greater than is 
specified''.
    Subsec. (b)(2). Pub. L. 101-167, Sec. 587(b)(2), substituted 
``$165,000,000 for fiscal year 1990'' for ``$77,000,000 for fiscal year 
1989''.
    1988--Subsec. (b)(2). Pub. L. 100-461 amended par. (2) generally, 
substituting ``$77,000,000 for fiscal year 1989'' for ``$116,000,000 for 
fiscal year 1988''.
    1987--Subsec. (b)(2). Pub. L. 100-202 amended par. (2) generally, 
substituting ``$116,000,000 for fiscal year 1988'' for ``$360,000,000 
for fiscal year 1986 and shall not exceed $125,000,000 for fiscal year 
1987''.
    Subsec. (c). Pub. L. 100-202 inserted ``, Thailand,'' after 
``Korea''.
    1985--Subsec. (b)(2). Pub. L. 99-83 amended par. (2) generally, 
substituting provisions authorizing appropriations of not to exceed 
$360,000,000 for fiscal year 1986 and $125,000,000 for fiscal year 1987, 
for provisions authorizing appropriations of $125,000,000 for fiscal 
year 1984 and $248,000,000 for fiscal year 1985.
    1984--Subsec. (b)(2). Pub. L. 98-473 substituted ``$125,000,000 for 
the fiscal year 1984 and $248,000,000 for the fiscal year 1985'' for 
``$130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal 
year 1983''.
    1981--Subsec. (b)(2). Pub. L. 97-113 substituted ``$130,000,000 for 
the fiscal year 1982 and $125,000,000 for the fiscal year 1983'' for 
``$85,000,000 for the fiscal year 1981''.
    1980--Subsec. (b)(2). Pub. L. 96-533 substituted ``$85,000,000 for 
the fiscal year 1981'' for ``$95,000,000 for the fiscal year 1980''.
    1979--Subsec. (b)(2). Pub. L. 96-92, Sec. 6(a)(1), substituted 
``$95,000,000 for the fiscal year 1980'' for ``$90,000,000 for the 
fiscal year 1979''.
    Subsec. (c). Pub. L. 96-92, Sec. 6(a)(2), inserted reference to 
stockpiles in Republic of Korea.
    1978--Subsec. (b)(2). Pub. L. 95-384 substituted ``$90,000,000 for 
the fiscal year 1979'' for ``$270,000,000 for the fiscal year 1978''.
    1977--Subsec. (b)(2). Pub. L. 95-92 substituted ``$270,000,000 for 
the fiscal year 1978'' for ``$93,750,000 for the period beginning July 
1, 1975, and ending September 30, 1976, and $125,000,000 for the fiscal 
year 1977''.
    1976--Subsec. (a). Pub. L. 93-329 substituted provisions prohibiting 
the transfer of any defense article earmarked for foreign use unless 
such transfer is authorized under this chapter or the Arms Export 
Control Act or subsequent legislation, requiring the charge-off of such 
transfer against funds authorized under such legislation, and defining 
``value'', for provisions that no funds, other than funds made available 
under this part or section 401(a) of Pub. L. 89-367 (80 Stat. 37) be 
obligated for purposes of stockpiling any defense article or war reserve 
material if such article is earmarked for future foreign use.
    Subsec. (b). Pub. L. 94-329 substituted provisions limiting the 
value of earmarked defense articles for allied or foreign use to an 
amount not greater than is specified in security assistance legislation 
for that fiscal year and limiting the value of additions to stockpiles 
in foreign countries not to exceed $93,750,000 for the period beginning 
July 1, 1975 and ending Sept. 30, 1976, and $125,000,000 for fiscal 1977 
for provisions specifying a charge-off of the cost of any such article 
earmarked for use by or on behalf of the country referred to in section 
401(a)(1) of Pub. L. 89-367 (80 Stat. 37) against the limitations 
specified in such section or subsequent legislation and against funds 
authorized under this part.
    Subsecs. (c) to (e). Pub. L. 94-329 added subsecs. (c) to (e).


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.


                    Effective Date of 1984 Amendment

    Section 116(b) of H.R. 5119, as passed by the House of 
Representatives May 10, 1984, and enacted into permanent law by 101(1) 
[title V, Sec. 541(a)], of Pub. L. 98-473 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
date of enactment of this Act [Oct. 12, 1984].''

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


           Fiscal Year 1992 Additions to Stockpiles in Israel

    Pub. L. 102-145, Sec. 118, as added by Pub. L. 102-266, Sec. 102, 
Apr. 1, 1992, 106 Stat. 93, provided in part that the authority and 
conditions provided in section 571 of H.R. 2621, One Hundred Second 
Congress, 1st Session, as passed by the House on June 19, 1991, shall be 
applicable to funds appropriated by Pub. L. 102-145 (and are hereby 
enacted) in lieu of the authority and conditions provided in section 573 
of Pub. L. 101-513 [amending this section]. Section 571 of H.R. 2621, as 
referred to above, provided that: ``Notwithstanding section 514(b) of 
the Foreign Assistance Act of 1961 [subsec. (b) of this section], 
additions may be made to stockpiles in Israel during fiscal year 1992 
having a value of $300,000,000: Provided, That the word `value' as used 
in this section shall have the same meaning as in section 514 of the 
Foreign Assistance Act of 1961 [this section].''


      Republic of Korea Stockpiling Authorities; Report to Congress

    Section 6(b) of Pub. L. 96-92 directed President to transmit to 
Congress, not later than Dec. 31, 1979, a report regarding stockpiling 
authorities for Republic of Korea, prior to repeal by Pub. L. 97-113, 
title VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat. 1560.
