22 U.S.C. § 2321h — Stockpiling of defense articles for for-

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 Repealed.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 Repealed.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 Repealed.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, Page 792 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321h 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.) 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 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), sub- stituted ‘‘$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), sub- stituted ‘‘$200,000,000’’ for ‘‘$100,000,000’’. 2004—Subsec. (b)(2)(A). Pub. L. 108–287, § 12002(1), sub- stituted ‘‘for each of fiscal years 2004 and 2005’’ for ‘‘for fiscal year 2003’’. Subsec. (b)(2)(B). Pub. L. 108–287, § 12002(2), sub- stituted ‘‘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 stock- piles 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 stock- piles 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 amend- ment, par. (2) read as follows: ‘‘(A) The value of such additions to stockpiles of de- fense 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 sub- paragraph (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 in- tent of Congress. Subsec. (b)(2)(B). Pub. L. 106–113, § 1000(a)(2) [title V, § 584(b)], struck out ‘‘Of the amount specified in sub- paragraph (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 sub- paragraph (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 sub- paragraph (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’’ be- fore 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 Page 793 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321h 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, § 575(a), in- serted ‘‘and $60,000,000 for fiscal year 1998’’ before period at end. Subsec. (b)(2)(B). Pub. L. 105–118, § 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, § 531B(a), inserted ‘‘or in the implementation of agreements with Israel’’ after ‘‘North Atlantic Treaty Organization’’. Subsec. (b)(2). Pub. L. 104–107, § 531B(b), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The value of such additions to stockpiles in for- eign 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, § 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 mili- tary 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 avail- able 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 stock- piles 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 exe- cuted as if the end quotation mark for the inserted ma- terial 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 avail- able 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 stock- piles in Israel’’, was executed by making such substi- tution 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, § 573(b), sub- stituted ‘‘$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, § 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 de- fense articles valued in excess of $10,000,000 in any fiscal year.’’ 1989—Subsec. (b)(1). Pub. L. 101–167, § 587(b)(1), sub- stituted ‘‘an amount that is specified’’ for ‘‘an amount greater than is specified’’. Subsec. (b)(2). Pub. L. 101–167, § 587(b)(2), substituted ‘‘$165,000,000 for fiscal year 1990’’ for ‘‘$77,000,000 for fis- cal 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 appro- priations of not to exceed $360,000,000 for fiscal year 1986 and $125,000,000 for fiscal year 1987, for provisions au- thorizing 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, § 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, § 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 provi- sions prohibiting the transfer of any defense article earmarked for foreign use unless such transfer is au- thorized 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 obli- gated 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 lim- iting the value of earmarked defense articles for allied or foreign use to an amount not greater than is speci- fied 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 pe- riod 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 limi- tations specified in such section or subsequent legisla- tion and against funds authorized under this part. Subsecs. (c) to (e). Pub. L. 94–329 added subsecs. (c) to (e). Statutory Notes and Related Subsidiaries 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 sec- tion 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 perma- Page 794 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321h nent law by Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903, 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].’’ RULES GOVERNING TRANSFER OF DEFENSE ARTICLES TO ISRAEL Pub. L. 118–31, div. A, title XII, § 1257, Dec. 22, 2023, 137 Stat. 472, provided that: ‘‘(a) IN GENERAL.—Notwithstanding section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections (b) and (c) of this section, the President, acting through the Secretary of Defense, may transfer to Israel one or more retired United States aerial refueling tankers, any United States aer- ial refueling tanker that the Secretary of Defense plans to retire during the two-year period beginning on the date of the enactment of this Act [Dec. 22, 2023], or any other United States aerial refueling tanker the Presi- dent considers appropriate, consistent with— ‘‘(1) all other requirements set forth in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and ‘‘(2) the requirements set forth in the Arms Export Control Act (22 U.S.C. 2751 et seq.). ‘‘(b) CONDITIONS.—Except in the case of an emer- gency, as determined by the President, a transfer under subsection (a) may only occur if the transfer— ‘‘(1) does not affect the ability of the United States to maintain a sufficient aerial refueling capacity to satisfy United States warfighting requirements; ‘‘(2) does not harm the combat readiness of the United States; ‘‘(3) does not affect the ability of the United States to meet its commitments to allies with respect to the transfer of aerial refueling capacity; and ‘‘(4) is in the national security interest of the United States. ‘‘(c) CERTIFICATION.— ‘‘(1) IN GENERAL.—Except in the case of an emer- gency, as determined by the President, not later than 15 days before making a transfer under subsection (a), the Secretary of Defense shall certify to the appro- priate congressional committees that the transfer meets the conditions specified in subsection (b). ‘‘(2) EMERGENCIES.—In the case of an emergency, as determined by the President, not later than five days after making a transfer under subsection (a), the President shall— ‘‘(A) certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and ‘‘(B) provide to the appropriate congressional committees an assessment of the impacts, risks, and mitigation measures with respect to the mat- ters referred to in paragraphs (1) through (4) of sub- section (b). ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives; and ‘‘(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.’’ Pub. L. 116–283, div. A, title XII, § 1275, Jan. 1, 2021, 134 Stat. 3979, as amended by Pub. L. 118–31, div. A, title XII, § 1255(a)(2), (d)(2), Dec. 22, 2023, 137 Stat. 468, 470, provided that: ‘‘(a) IN GENERAL.—Notwithstanding section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to subsections (b) and (c) of this section, the President, acting through the Secretary of Defense and with the concurrence of the Secretary of State, is authorized to transfer to Israel precision-guided muni- tions from reserve stocks, including the War Reserve Stockpile for Allies-Israel, consistent with— ‘‘(1) all other requirements set forth in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and ‘‘(2) the requirements set forth in the Arms Export Control Act (22 U.S.C. 2751 et seq.). ‘‘(b) CONDITIONS.—Except in the case of an emer- gency, as determined by the President, a transfer under subsection (a) of this section may only occur if the transfer— ‘‘(1) does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy United States warfighting re- quirements; ‘‘(2) does not harm the combat readiness of the United States; ‘‘(3) does not affect the ability of the United States to meet its commitments to allies with respect to the transfer of precision-guided munitions; and ‘‘(4) is in the national security interest of the United States. ‘‘(c) CERTIFICATION.— ‘‘(1) IN GENERAL.—Except in the case of an emer- gency, as determined by the President, not later than 15 days before making a transfer under subsection (a) of this section, the Secretary of Defense, with the concurrence of the Secretary of State, shall certify to the appropriate congressional committees that the transfer meets the conditions specified in subsection (b) of this section. ‘‘(2) EMERGENCIES.—In the case of an emergency, as determined by the President, not later than 5 days after making a transfer under subsection (a) of this section, the President shall— ‘‘(A) certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and ‘‘(B) provide to the appropriate committees of Congress an assessment of the impacts, risks, and mitigation measures with respect to the matters referred to in paragraphs (1) through (4) of sub- section (b) of this section. ‘‘[(d) Repealed. Pub. L. 118–31, div. A, title XII, § 1255(d)(2), Dec. 22, 2023, 137 Stat. 470.] ‘‘(e) TERMINATION.—The authority of the President to transfer precision-guided munitions under this section shall terminate on January 1, 2027.’’ FISCAL YEAR 1992 ADDITIONS TO STOCKPILES IN ISRAEL Pub. L. 102–145, § 118, as added by Pub. L. 102–266, § 102, Apr. 1, 1992, 106 Stat. 93, provided in part that the au- thority 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 pro- vided 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 sec- tion], 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 Pub. L. 96–92, § 6(b), Oct. 29, 1979, 93 Stat. 703, 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, § 734(a)(11), Dec. 29, 1981, 95 Stat. 1560. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED Pub. L. 116–283, div. A, title XII, § 1280B, Jan. 1, 2021, 134 Stat. 3985, provided that: ‘‘In this subtitle [subtitle H (§§ 1271–1280B) of title XII of div. A of Pub. L. 116–283, see Short Title of 2021 Amendment note set out under section 2151 of this title], the term ‘appropriate con- gressional committees’ means— ‘‘(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and ‘‘(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Rep- resentatives.’’ Page 795 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321i 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. § 2321i. Overseas management of assistance and sales programs (a) Assignment of military personnel for per- formance of enumerated functions In order to carry out his responsibilities for the management of international security as- sistance programs conducted under this part, part V of this subchapter, and the Arms Export Control Act [22 U.S.C. 2751 et seq.], the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions: (1) equipment and services case manage- ment; (2) training management; (3) program monitoring; (4) evaluation and planning of the host gov- ernment’s military capabilities and require- ments; (5) administrative support; (6) promoting rationalization, standardiza- tion, interoperability, and other defense co- operation measures; and (7) liaison functions exclusive of advisory and training assistance. (b) Furnishing of advisory and training assist- ance Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum. It is the sense of the Congress that advising and training assistance in countries to which military per- sonnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are de- tailed for limited periods to perform specific tasks. (c) Number of personnel assigned; waiver; proce- dures applicable (1) The number of members of the Armed Forces assigned to a foreign country under this section may not exceed six unless specifically authorized by the Congress. The president may waive this limitation if he determines and re- ports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Af- fairs of the House of Representatives, 30 days prior to the introduction of the additional mili- tary personnel, that United States national in- terests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this para- graph. Pakistan, Tunisia, El Salvador, Hon- duras, Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military per- sonnel strengths larger than six under this sec- tion to carry out international security assist- ance programs. (2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that coun- try in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives are notified 30 days in advance of the introduction of the additional military per- sonnel. (d) Costs Effective October 1, 1989, the entire costs (ex- cluding salaries of the United States military personnel other than the Coast Guard) of over- seas management of international security as- sistance programs under this section shall be charged to or reimbursed from funds made avail- able to carry out this part or the Arms Export Control Act [22 U.S.C. 2751 et seq.], other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control Act [22 U.S.C. 2761(a)] or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) [22 U.S.C. 2761(e)] and section 43(b) [22 U.S.C. 2792(b)] of that Act. (e) Direction and supervision of assigned per- sonnel Members of the Armed Forces assigned to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country. (f) Presidential directive respecting purchase by foreign country of United States-made mili- tary equipment The President shall continue to instruct United States diplomatic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appro- priate official of the executive branch. (Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94–329, title I, § 104, June 30, 1976, 90 Stat. 731; Pub. L. 95–92, § 7(a), Aug. 4, 1977, 91 Stat. 615; Pub. L. 95–384, § 9, Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, § 7, Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title I, § 114, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 112, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 99–83, title I, § 125, Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–690, title IV, § 4305(a), Nov. 18, 1988, 102 Stat. 4273; Pub. L. 101–165, title IX, § 9104(a), Nov. 21, 1989, 103 Stat. 1152; Pub. L. 101–167, title III, Nov. 21, 1989, 103 Stat. 1213; Pub. L. 102–391, title V, § 556(c), Oct. 6, 1992, 106 Stat. 1675; Pub. L. 104–164, title I, § 143, July 21, 1996, 110 Stat. 1434.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsecs. (a) and (d), 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 sec- tion 2751 of this title and Tables.