§ 2321h. Stockpiling of defense articles for foreign countries

§ 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 $500,000,000 for any of the fiscal years 2023 through 2027.

(B) Of the amount specified in subparagraph (A) for a fiscal year, not more than $200,000,000 may be made available for stockpiles in the State of Israel.

(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, Taiwan, 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, § 514, as added Pub. L. 93–559, § 15, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94–329, title I, § 103, June 30, 1976, 90 Stat. 730; Pub. L. 95–92, § 6, Aug. 4, 1977, 91 Stat. 615; Pub. L. 95–384, § 8, Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, § 6(a), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title I, § 113, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 111, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title I, § 124, Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–202, § 101(e) [title III, § 301], Dec. 22, 1987, 101 Stat. 1329–131, 1329–147; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 101–167, title V, § 587(b), Nov. 21, 1989, 103 Stat. 1253; Pub. L. 101–510, div. A, title XIII, § 1303(b), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 101–513, title V, § 573, Nov. 5, 1990, 104 Stat. 2042; Pub. L. 102–391, title V, § 569, Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103–87, title V, § 535, Sept. 30, 1993, 107 Stat. 955; Pub. L. 103–306, title V, § 535, Aug. 23, 1994, 108 Stat. 1637; Pub. L. 104–107, title V, § 531B, Feb. 12, 1996, 110 Stat. 732; Pub. L. 105–118, title V, § 575, Nov. 26, 1997, 111 Stat. 2433; Pub. L. 105–277, div. A, § 101(d) [title V, § 571], Oct. 21, 1998, 112 Stat. 2681–150, 2681–198; Pub. L. 106–113, div. B, §§ 1000(a)(2) [title V, § 584], 1000(a)(7) [div. B, title XII, § 1231], Nov. 29, 1999, 113 Stat. 1535, 1536, 1501A–117, 1501A–499; Pub. L. 106–280, title I, § 111, Oct. 6, 2000, 114 Stat. 849; Pub. L. 107–228, div. B, title XII, § 1261, Sept. 30, 2002, 116 Stat. 1434; Pub. L. 108–287, title X, § 12002, Aug. 5, 2004, 118 Stat. 1011; Pub. L. 109–472, § 13(a)(2), Jan. 11, 2007, 120 Stat. 3559; Pub. L. 111–266, title III, § 302(b), Oct. 8, 2010, 124 Stat. 2804; Pub. L. 112–150, § 5(a)(2), July 27, 2012, 126 Stat. 1148; Pub. L. 113–296, § 5(b), Dec. 19, 2014, 128 Stat. 4076; Pub. L. 114–113, div. K, title VII, § 7034(k)(11)(B), Dec. 18, 2015, 129 Stat. 2765; Pub. L. 115–31, div. J, title VII, § 7034(k)(7)(B), May 5, 2017, 131 Stat. 651; Pub. L. 115–141, div. K, title VII, § 7034(l)(7)(B), Mar. 23, 2018, 132 Stat. 896; Pub. L. 116–6, div. F, title VII, § 7049(b)(4)(B), Feb. 15, 2019, 133 Stat. 366; Pub. L. 116–94, div. G, title VII, § 7035(b)(3)(B), Dec. 20, 2019, 133 Stat. 2878; Pub. L. 116–260, div. K, title VII, § 7035(b)(3)(B), Dec. 27, 2020, 134 Stat. 1756; Pub. L. 116–283, div. A, title XII, § 1274(b), Jan. 1, 2021, 134 Stat. 3979; Pub. L. 117–103, div. K, title VII, § 7035(b)(3)(B), Mar. 15, 2022, 136 Stat. 628; Pub. L. 117–263, div. E, title LV, § 5503(a), (c)(1), Dec. 23, 2022, 136 Stat. 3298; Pub. L. 118–47, div. F, title VII, § 7035(b)(5), Mar. 23, 2024, 138 Stat. 796; Pub. L. 119–4, div. A, title XII, § 11208(d), Mar. 15, 2025, 139 Stat. 38.)

Editorial Notes

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, 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, 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

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

2025—Subsec. (b)(2)(A). Pub. L. 119–4 substituted “2023 through 2027.” for “2023, 2024, 2025 and 2026.”

2024—Subsec. (b)(2)(A). Pub. L. 118–47 substituted “2025 and 2026” for “or 2025”.

2022—Subsec. (b)(2)(A). Pub. L. 117–263, § 5503(a), substituted “$500,000,000 for any of the fiscal years 2023, 2024, or 2025.” for “$200,000,000 for each of fiscal years 2021, 2022, 2023, 2024, and 2025.”

Pub. L. 117–103 substituted “2023, 2024, and 2025” for “and 2023”.

Subsec. (c)(2). Pub. L. 117–263, § 5503(c)(1), inserted “Taiwan,” after “Thailand,”.

2021—Subsec. (b)(2)(A). Pub. L. 116–283, which directed substitution of “2021, 2022, 2023, 2024, and 2025” for “2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020”, could not be executed because of the intervening amendments by Pub. L. 116–260 and Pub. L. 116–94. See 2020 and 2019 Amendment notes below.

2020—Subsec. (b)(2)(A). Pub. L. 116–260 substituted “2021, 2022, and 2023” for “and 2021”.

2019—Subsec. (b)(2)(A). Pub. L. 116–94 substituted “2020, and 2021” for “and 2020”.

Pub. L. 116–6 substituted “2019, and 2020” for “and 2019”.

2018—Subsec. (b)(2)(A). Pub. L. 115–141 substituted “2018, and 2019” for “and 2018”.

2017—Subsec. (b)(2)(A). Pub. L. 115–31 substituted “2017, and 2018” for “and 2017”.

2015—Subsec. (b)(2)(A). Pub. L. 114–113 substituted “2015, 2016, and 2017” for “and 2015”.

2014—Subsec. (b)(2)(A). Pub. L. 113–296 substituted “, 2014, and 2015” for “and 2014”.

2012—Subsec. (b)(2)(A). Pub. L. 112–150 substituted “fiscal years 2013 and 2014” for “fiscal years 2011 and 2012”.

2010—Subsec. (b)(2)(A). Pub. L. 111–266 substituted “fiscal years 2011 and 2012” for “fiscal years 2007 and 2008”.

2007—Subsec. (b)(2)(A). Pub. L. 109–472, § 13(a)(2)(A), substituted “$200,000,000” for “$100,000,000” and “2007 and 2008” for “2004 and 2005”.

Subsec. (b)(2)(B). Pub. L. 109–472, § 13(a)(2)(B), substituted “$200,000,000” for “$100,000,000”.

2004—Subsec. (b)(2)(A). Pub. L. 108–287, § 12002(1), substituted “for each of fiscal years 2004 and 2005” for “for fiscal year 2003”.

Subsec. (b)(2)(B). Pub. L. 108–287, § 12002(2), substituted “for a fiscal year” for “for fiscal year 2003”.

2002—Subsec. (b)(2). Pub. L. 107–228 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 $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.”

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, § 1000(a)(7) [title XII, § 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, § 1000(a)(2) [title V, § 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, § 1000(a)(2) [title V, § 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, § 101(d) [title V, § 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, § 101(d) [title V, § 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.”