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22 U.S.C. § 2321h — Stockpiling of defense articles for foreign countries
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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
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Stable record: federal_law:legal_authorities:record_usc_a6fd88f1ee4c06c535774174
Source file: Laws/federal/codes/united-states-code/title-22/section-2321h-stockpiling-of-defense-articles-for-foreign-countries--5be74d7be5.md
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Source location: Title 22, Chapter 32, § 2321h; chapter-032-foreign-assistance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394–1/a&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prerequisites for consent by President; report to Congress** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), 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 oth
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2753
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of Representatives;
(5) the Committee on Armed Services of the House of Representatives; and
(6) the Committee on Appropriations of the House of Representatives.
**(b) Taiwan security programs** The Secretary of State, in consultation with the Secretary of Defense, shall use the authorities under this section to strengthen the United States-Taiwan defense relationship, and to support the acceleration of the modernization of Taiwan’s defense capabilities, consistent with the Taiwan Relations Act (Public Law 96–8) [[22 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3301&num=0&edition=prelim) et seq.].
**(c) Purpose** In addition to the purposes otherwise authorized for Foreign Military Financing programs under the Arms Export Control Act ([22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.), a purpose of the Foreign Military Financing Program should be to provide assistance, including equipment, training, and other support, to build the civilian and defensive military capabilities of Taiwan—
(1) to accelerate the modernization of capabilities that will enable Taiwan to delay, degrade, and deny attempts by People’s Liberation Army forces—
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands administered by Taiwan and expand or otherwise use such lodgmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3351
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Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 2321h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2321h&num=0&edition=prelim), the President may establish a regional contingency stockpile for Taiwan that consists of munitions and other appropriate defense articles.
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Federal law — U.S. Code and appendices · legal_authorities
Congress makes the following findings:
(1) Since 1948, United States Presidents and both houses of Congress, on a bipartisan basis and supported by the American people, have repeatedly reaffirmed the special bond between the United States and Israel, based on shared values and shared interests.
(2) The Middle East is undergoing rapid change, bringing with it hope for an expansion of democracy but also great challenges to the national security of the United States and our allies in the region, particularly to our most important ally in the region, Israel.
(3) The Government of the Islamic Republic of Iran is continuing its decades-long pattern of seeking to foment instability and promote extremism in the Middle East, particularly in this time of dramatic political transition.
(4) At the same time, the Government of the Islamic Republic of Iran continues to enrich uranium in defiance of multiple United Nations Security Council resolutions.
(5) A nuclear-weapons capable Iran would fundamentally threaten vital United States interests, encourage regional nuclear proliferation, further empower Iran, the world’s leading state sponsor of terror, and pose a serious and destabilizing threat to Israel and the region.
(6) Over the past several years, with the assistance of the Governments of the Islamic Republic of Iran and Syria, Hizbollah and Hamas have increased their stockpile of rockets, with more than 60,000 now ready to be fired at Israel. The Government of the Islamic Republic of Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran’s neighbors, Israel, and United States Armed Forces in the region.
(7) As a result, Israel is facing a fundamentally altered strategic environment.
(8) Pursuant to chapter 5 of title 1 of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 8601
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Federal law — U.S. Code and appendices · legal_authorities
Page 791
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2321h
§ 2321e. Repealed. Pub. L. 93–189, § 12(b)(5), Dec.
17, 1973, 87 Stat. 722
Section, Pub. L. 87–195, pt. II, § 512, as added Pub. L.
92–226, pt. II, § 201(f), Feb. 7, 1972, 86 Stat. 25, provided
for the diminution and consolidation of military assist-
ance advisory groups and missions in foreign countries.
§ 2321f. Repealed. Pub. L. 97–113, title VII,
§ 734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section, Pub. L. 87–195, pt. II, § 513, as added Pub. L.
92–226, pt. II, § 201(f), Feb. 7, 1972, 86 Stat. 25; amended
Pub. L. 93–189, § 12(b)(6), Dec. 17, 1973, 87 Stat. 722; Pub.
L. 93–559, § 12, Dec. 30, 1974, 88 Stat. 1798, prohibited
military assistance to Thailand, Laos, and South Viet-
nam after June 30, 1972, 1974, and 1976, respectively,
without prior authorization.
§ 2321g. Repealed. Pub. L. 93–189, § 12(b)(5), Dec.
17, 1973, 87 Stat. 722
Section, Pub. L. 87–195, pt. II, § 514, as added Pub. L.
92–226, pt. II, § 201(f), Feb. 7, 1972, 86 Stat. 26, covered
special foreign country accounts, the deposit of cur-
rencies, use of special accounts for payments of certain
costs, Presidential waiver authority, the nonapplica-
bility of provisions for special accounts, and the limita-
tions on the amount of deposits.
Executive Documents
SPECIAL FOREIGN COUNTRY ACCOUNTS
Section 1–501(b) of Ex. Ord. No. 12163, Sept. 29, 1979, 44
F.R. 56675, eff. Oct. 1, 1979, set out as a note under sec-
tion 2381 of this title, authorized the Secretary of the
Treasury to continue to administer any open special
foreign country accounts established pursuant to this
section prior to its repeal by Pub. L. 93–189.
§ 2321h. Stockpiling of defense articles for for-
eign countries
(a) Transfer of defense articles
No defense ar
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2321h
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Federal law — U.S. Code and appendices · legal_authorities
Page 1185
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
Sec.
2762.
Procurement for cash sales.
2763.
Credit sales.
2764.
Guaranties.
2765.
Annual estimate and justification for
sales program.
2766.
Security assistance surveys.
2767.
Authority of President to enter into co-
operative projects with friendly for-
eign countries.
2767a, 2768.
Repealed.
SUBCHAPTER II–A—FOREIGN MILITARY
CONSTRUCTION SALES
2769.
Foreign military construction sales.
SUBCHAPTER II–B—SALES TO UNITED STATES
COMPANIES FOR INCORPORATION INTO END
ITEMS
2770.
General authority.
SUBCHAPTER II–C—EXCHANGE OF TRAINING AND
RELATED SUPPORT
2770a.
Exchange of training and related sup-
port.
SUBCHAPTER III—MILITARY EXPORT CONTROLS
2771.
Military sales authorizations and ceil-
ings.
2772.
Repealed.
2773.
Restraint in arms sales to Sub-Saharan
Africa.
2774.
Foreign military sales credit standards.
2775.
Foreign military sales to less developed
countries.
2776.
Reports and certifications to Congress
on military exports.
2776a.
Repealed.
2777.
Fiscal provisions relating to foreign
military sales credits.
2778.
Control of arms exports and imports.
2778a.
Exportation of uranium depleted in the
isotope 235.
2779.
Fees of military sales agents.
2779a.
Prohibition on incentive payments.
2780.
Transactions with countries supporting
acts of international terrorism.
2781.
Transactions with countries not fully co-
operating
with
United
States
antiterrorism efforts.
SUBCHAPTER III–A—END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE SERVICES
2785.
End-use monitoring of defense articles
and defense services.
SUBCHAPTER IV—GENERAL, ADMINISTRATIVE,
AND MISCELLANEOUS PROVISIONS
2791.
General provisions.
2792.
Administrative expenses.
2793.
Othe
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2751
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