22 U.S.C. § 2321d — Considerations in furnishing military as-

Page 790 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321c 1 See References in Text note below. granted to a foreign country or international organiza- tion shall be considered to be an expenditure from the funds of this chapter for military assistance, and estab- lished accounting procedure when an order for excess defense article was placed. Subsec. (b). Pub. L. 94–329 struck out subsec. (b) which provided that in the case of excess defense arti- cles that were generated abroad, provisions of former subsec. (a) shall apply during any fiscal year only to the extent that the aggregate value of excess defense articles ordered during that year exceeded $100,000,000. Subsec. (c). Pub. L. 94–329 struck out subsec. (c) which defined ‘‘value’’ as that meaning found in section 2403m of this title, except the term shall not include a value for any excess defense article which was less than 331⁄3 percent of the amount the United States paid for such article when it was acquired. Subsec. (e). Pub. L. 94–329 struck out subsec. (e) which provided that except for excess defense articles granted under this subchapter, the provisions of this section did not apply to grants of such articles to South Vietnam prior to July 1, 1972. 1974—Subsec. (b). Pub. L. 93–559, § 13(a)(1), substituted ‘‘$100,000,000’’ for ‘‘$150,000,000’’. Subsec. (c). Pub. L. 93–559, § 13(a)(2), inserted excep- tion provision respecting definitions of value for excess defense articles. 1973—Subsec. (a). Pub. L. 93–189, § 26(1), inserted provi- sion preceding cl. (1) relating to the subtraction of amounts to be transferred under section 2392(d) of this title. Subsec. (b). Pub. L. 93–189, § 26(2), substituted ‘‘In the case of excess defense articles which are generated abroad, the provisions’’, for ‘‘The provisions’’ and ‘‘$150,000,000’’ for ‘‘$185,000,000’’. Subsec. (c). Pub. L. 93–189, § 26(3), substituted provi- sions defining ‘‘value’’ as that meaning given it in sec- tion 2403(m) of this title, for provisions defining such term as not less than 331⁄3 per centum of the amount the United States paid at the time the excess defense articles were acquired by the United States. 1972—Subsec. (a). Pub. L. 92–226, § 402(1), substituted in first sentence ‘‘by any department, agency, or inde- pendent establishment of the United States Govern- ment (other than the Agency for International Devel- opment)’’ for ‘‘subchapter II of this chapter’’ and ‘‘the Foreign Assistance Act of 1961’’ for ‘‘that Act’’, codified in the text as ‘‘this chapter’’ and in second sentence ‘‘Unless such department, agency, or establishment certifies to the Comptroller General of the United States that the excess defense article it is ordering is not to be transferred by any means to a foreign country or international organization, when an order is placed for a defense article’’ for ‘‘When an order is placed under the military assistance program with the mili- tary departments for a defense article’’. Subsec. (b). Pub. L. 92–226, § 402(2), substituted ‘‘$185,000,000’’ for ‘‘$100,000,000’’. Subsec. (e). Pub. L. 92–226, § 402(3), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–329, title II, § 210(c)(2), June 30, 1976, 90 Stat. 740, provided in part that the amendment of sub- secs. (a) to (c) and (e) by Pub. L. 94–329 is effective July 1, 1976. TRANSFER OF SUSPENSE ACCOUNT FUNDS TO GENERAL FUND OF TREASURY Pub. L. 94–329, title II, § 210(c)(2), June 30, 1976, 90 Stat. 740, provided in part that all funds in the suspense account referred to in former subsec. (a) of this section on July 1, 1976, shall be transferred to the general fund of the Treasury. Executive Documents 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. § 2321c. Definitions For purposes of sections 2321b and 2314a 1 of this title— (1) ‘‘defense article’’ and ‘‘excess defense ar- ticles’’ have the same meanings as given them in subsections (d) and (g), respectively, of sec- tion 2403 of this title; and (2) ‘‘foreign country’’ includes any depart- ment, agency, or independent establishment of the foreign country. (Pub. L. 91–672, § 11, Jan. 12, 1971, 84 Stat. 2055.) Editorial Notes REFERENCES IN TEXT Section 2314a, referred to in text, was repealed by Pub. L. 93–189, § 26(4), Dec. 17, 1973, 87 Stat. 731. CODIFICATION Section was not enacted as part of the Foreign As- sistance Act of 1961 which comprises this chapter. § 2321d. Considerations in furnishing military as- sistance Decisions to furnish military assistance made under subchapter II of this chapter shall take into account whether such assistance will— (1) contribute to an arms race; (2) increase the possibility of outbreak or es- calation of conflict; or (3) prejudice the development of bilateral or multilateral arms control arrangements. (Pub. L. 87–195, pt. II, § 511, as added Pub. L. 92–226, pt. II, § 201(f), Feb. 7, 1972, 86 Stat. 25; amended Pub. L. 94–141, title I, § 150(c), Nov. 29, 1975, 89 Stat. 760; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(b), Oct. 21, 1998, 112 Stat. 2681–773.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–277 substituted ‘‘take into account’’ for ‘‘be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account his opinion as to’’ in intro- ductory provisions. 1975—Pub. L. 94–141 substituted ‘‘be made in coordina- tion with the Director of the United States Arms Con- trol and Disarmament Agency and shall take into ac- count his opinion as to’’ for ‘‘take into account’’. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter II of this chapter are deemed to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6511 of this title. 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 article in the inventory of the De- partment of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made avail- able 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 legisla- tion, and the value of such transfer is charged against funds authorized under such legislation or against the limitations specified in such leg- islation, 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 addi- tions 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 imple- mentation of agreements with Israel) in stock- piles located in foreign countries may not ex- ceed in any fiscal year an amount that is speci- fied in security assistance authorizing legisla- tion for that fiscal year. (2)(A) The value of such additions to stock- piles of defense articles in foreign countries shall not exceed $500,000,000 for any of the fiscal years 2023, 2024, 2025 and 2026. (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 mili- tary 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 Atlan- tic 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 com- mittees specified in section 2394–1(a) of this title in accordance with the procedures appli- cable to reprogramming notifications under that section. (d) Transferred articles not to be considered ex- cess articles in determining value No defense article transferred from any stock- pile which is made available to or for use by any foreign country may be considered an excess de- fense 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,