22 U.S.C. § 2321h

Editorial Notes

References in Text

Pub. L. 87–195Sept. 4, 196175 Stat. 424section 2151 of this titleThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 90–629Oct. 22, 196882 Stat. 1320section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (a), is , , , 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 and Tables.

Codification

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

Amendments

Pub. L. 119–42025—Subsec. (b)(2)(A). substituted “2023 through 2027.” for “2023, 2024, 2025 and 2026.”

Pub. L. 118–472024—Subsec. (b)(2)(A). substituted “2025 and 2026” for “or 2025”.

Pub. L. 117–263, § 5503(a)2022—Subsec. (b)(2)(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”.

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

Pub. L. 116–283Pub. L. 116–260Pub. L. 116–942021—Subsec. (b)(2)(A). , 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 and . See 2020 and 2019 Amendment notes below.

Pub. L. 116–2602020—Subsec. (b)(2)(A). substituted “2021, 2022, and 2023” for “and 2021”.

Pub. L. 116–942019—Subsec. (b)(2)(A). substituted “2020, and 2021” for “and 2020”.

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

Pub. L. 115–1412018—Subsec. (b)(2)(A). substituted “2018, and 2019” for “and 2018”.

Pub. L. 115–312017—Subsec. (b)(2)(A). substituted “2017, and 2018” for “and 2017”.

Pub. L. 114–1132015—Subsec. (b)(2)(A). substituted “2015, 2016, and 2017” for “and 2015”.

Pub. L. 113–2962014—Subsec. (b)(2)(A). substituted “, 2014, and 2015” for “and 2014”.

Pub. L. 112–1502012—Subsec. (b)(2)(A). substituted “fiscal years 2013 and 2014” for “fiscal years 2011 and 2012”.

Pub. L. 111–2662010—Subsec. (b)(2)(A). substituted “fiscal years 2011 and 2012” for “fiscal years 2007 and 2008”.

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

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

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

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

Pub. L. 107–2282002—Subsec. (b)(2). 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.”

Pub. L. 106–2802000—Subsec. (b)(2). 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.”

Pub. L. 106–113, § 1000(a)(7) [title XII, § 1231]1999—Subsec. (b)(2). , 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.”

Pub. L. 106–113, § 1000(a)(2) [title V, § 584(a)]Subsec. (b)(2)(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.

Pub. L. 106–113, § 1000(a)(2) [title V, § 584(b)]Subsec. (b)(2)(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.”

Pub. L. 105–277, § 101(d) [title V, § 571(a)]1998—Subsec. (b)(2)(A). , substituted a comma for “and” after “1997” and inserted “and $340,000,000 for fiscal year 1999” before period at end.

Pub. L. 105–277, § 101(d) [title V, § 571(b)]Subsec. (b)(2)(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.”

Pub. L. 105–118, § 575(a)1997—Subsec. (b)(2)(A). , inserted “and $60,000,000 for fiscal year 1998” before period at end.

Pub. L. 105–118, § 575(b)Subsec. (b)(2)(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.”

Pub. L. 104–107, § 531B(a)1996—Subsec. (b)(1). , inserted “or in the implementation of agreements with Israel” after “North Atlantic Treaty Organization”.

Pub. L. 104–107, § 531B(b)Subsec. (b)(2). , 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.”

Pub. L. 104–107, § 531B(c)June 30, 1976Subsec. (c). , inserted heading and amended text generally. Prior to amendment, text read as follows: “Except for stockpiles in existence on 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.”

Pub. L. 103–3061994—Subsec. (b)(2). 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”.

Pub. L. 103–871993—Subsec. (b)(2). 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.

Pub. L. 102–3911992—Subsec. (b)(2). , 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.

Pub. L. 101–513, § 573(b)1990—Subsec. (b)(2). , 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”.

Pub. L. 101–513, § 573(a)Subsec. (c). , inserted “or major non-NATO allies,” after “Organization,”.

Pub. L. 101–510Subsec. (e). 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.”

Pub. L. 101–167, § 587(b)(1)1989—Subsec. (b)(1). , substituted “an amount that is specified” for “an amount greater than is specified”.

Pub. L. 101–167, § 587(b)(2)Subsec. (b)(2). , substituted “$165,000,000 for fiscal year 1990” for “$77,000,000 for fiscal year 1989”.

Pub. L. 100–4611988—Subsec. (b)(2). amended par. (2) generally, substituting “$77,000,000 for fiscal year 1989” for “$116,000,000 for fiscal year 1988”.

Pub. L. 100–2021987—Subsec. (b)(2). 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”.

Pub. L. 100–202Subsec. (c). inserted “, Thailand,” after “Korea”.

Pub. L. 99–831985—Subsec. (b)(2). 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.

Pub. L. 98–4731984—Subsec. (b)(2). 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”.

Pub. L. 97–1131981—Subsec. (b)(2). 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”.

Pub. L. 96–5331980—Subsec. (b)(2). substituted “$85,000,000 for the fiscal year 1981” for “$95,000,000 for the fiscal year 1980”.

Pub. L. 96–92, § 6(a)(1)1979—Subsec. (b)(2). , substituted “$95,000,000 for the fiscal year 1980” for “$90,000,000 for the fiscal year 1979”.

Pub. L. 96–92, § 6(a)(2)Subsec. (c). , inserted reference to stockpiles in Republic of Korea.

Pub. L. 95–3841978—Subsec. (b)(2). substituted “$90,000,000 for the fiscal year 1979” for “$270,000,000 for the fiscal year 1978”.

Pub. L. 95–92July 1, 1975September 30, 19761977—Subsec. (b)(2). substituted “$270,000,000 for the fiscal year 1978” for “$93,750,000 for the period beginning , and ending , and $125,000,000 for the fiscal year 1977”.

Pub. L. 93–329section 401(a) of Pub. L. 89–36780 Stat. 371976—Subsec. (a). 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 () be obligated for purposes of stockpiling any defense article or war reserve material if such article is earmarked for future foreign use.

Pub. L. 94–329July 1, 1975Sept. 30, 1976section 401(a)(1) of Pub. L. 89–36780 Stat. 37Subsec. (b). 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 and ending , 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 () against the limitations specified in such section or subsequent legislation and against funds authorized under this part.

Pub. L. 94–329Subsecs. (c) to (e). added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

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

Effective Date of 1984 Amendment

May 10, 1984Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)]Oct. 12, 198498 Stat. 1884

Rules Governing Transfer of Defense Articles to Israel

Pub. L. 118–31, div. A, title XII, § 1257Dec. 22, 2023137 Stat. 472

Pub. L. 116–283, div. A, title XII, § 1275Jan. 1, 2021134 Stat. 3979Pub. L. 118–31, div. A, title XII, § 1255(a)(2)Dec. 22, 2023137 Stat. 468

Fiscal Year 1992 Additions to Stockpiles in Israel

Pub. L. 102–145, § 118Pub. L. 102–266, § 102Apr. 1, 1992106 Stat. 93June 19, 1991Pub. L. 102–145section 573 of Pub. L. 101–513

Republic of Korea Stockpiling Authorities; Report to Congress

Pub. L. 96–92, § 6(b)Oct. 29, 197993 Stat. 703Dec. 31, 1979Pub. L. 97–113, title VII, § 734(a)(11)Dec. 29, 198195 Stat. 1560, , , directed President to transmit to Congress, not later than , a report regarding stockpiling authorities for Republic of Korea, prior to repeal by , , .

Appropriate Congressional Committees Defined

Pub. L. 116–283, div. A, title XII, § 1280BJan. 1, 2021134 Stat. 3985

Executive Documents

Delegation of Functions

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