22 U.S.C. § 2321h: Stockpiling of defense articles for foreign countries

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. 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. 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 2028. 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. 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. 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. 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. all other requirements set forth in the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.); and the requirements set forth in the Arms Export Control Act ( 22 U.S.C. 2751 et seq.). does not affect the ability of the United States to maintain a sufficient aerial refueling capacity to satisfy United States warfighting requirements; does not harm the combat readiness of the United States; 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 is in the national security interest of the United States. Except in the case of an emergency, 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 appropriate congressional committees that the transfer meets the conditions specified in subsection (b). certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and provide to the appropriate congressional committees an assessment of the impacts, risks, and mitigation measures with respect to the matters referred to in paragraphs (1) through (4) of subsection (b). the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.” all other requirements set forth in the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.); and the requirements set forth in the Arms Export Control Act ( 22 U.S.C. 2751 et seq.). does not affect the ability of the United States to maintain a sufficient supply of precision-guided munitions to satisfy United States warfighting requirements; does not harm the combat readiness of the United States; 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 is in the national security interest of the United States. Except in the case of an emergency, 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. certify to the appropriate congressional committees that the transfer supports the national security interests of the United States; and 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 subsection (b) of this section. Repealed. Pub. L. 118–31, div. A, title XII, § 1255(d)(2) , Dec. 22, 2023 , 137 Stat. 470 .] The authority of the President to transfer precision-guided munitions under this section shall terminate on January 1, 2027 .” the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”