Stockpiles, overseas staff and major non-NATO allies

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1. Three standing controls in Part II

Alongside its grant authorities, Part II of the Foreign Assistance Act carries three standing controls that shape how assistance and sales are managed overseas. One governs war reserve stocks held for foreign countries. One governs the uniformed staff who manage programs from embassies. One governs designation of major non-NATO allies, a status that other provisions of law rely on.

2. Stocks earmarked for foreign use

Earmarking alone does not authorize a transfer. Some defense articles in Defense Department inventory are set aside, reserved or otherwise intended for future use by a foreign country. None of them may be made available to that country unless the transfer is authorized under the Foreign Assistance Act or the Arms Export Control Act (22 U.S.C. 2321h(a)). The value of the transfer must also be charged against the funds or limits of that legislation for the period in which the article is transferred.

Value is defined for this purpose as acquisition cost plus crating, packing, handling and transportation costs (22 U.S.C. 2321h(a)). A stockpiled article transferred to a foreign country may not be treated as an excess defense article when its value is determined (22 U.S.C. 2321h(d)). The rules on excess articles themselves are covered in what excess defense articles are.

3. How much can be stockpiled, and where

War reserve stocks for foreign countries in stockpiles abroad are capped each year by security assistance authorizing legislation, with exceptions for NATO purposes and agreements with one named country (22 U.S.C. 2321h(b)(1)). The current figure is in the Code. "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" (22 U.S.C. 2321h(b)(2)(A)). A set portion of that amount is reserved for stockpiles in one named country.

Location is restricted. As a rule, "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" (22 U.S.C. 2321h(c)(1)). The restriction does not apply to NATO members, major non-NATO allies, three other named partners, or any other country the President designates. A presidential designation must be notified to the relevant committees at least 15 days in advance under the reprogramming procedures (22 U.S.C. 2321h(c)(2)).

4. Uniformed staff overseas, and what they may do

Section 515 is the statutory basis for military personnel who manage security assistance from abroad. To carry out the management of programs under Part II and the Arms Export Control Act, the President may assign members of the armed forces to a foreign country for seven listed functions (22 U.S.C. 2321i(a)). They are equipment and services case management, training management, program monitoring, evaluation and planning of the host government’s military capabilities and requirements, administrative support, promoting standardization and interoperability, and liaison.

Advising and training are deliberately kept out of that role. "Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum" (22 U.S.C. 2321i(b)). Congress’s stated view is that such assistance should come mainly from other personnel detailed for limited periods to perform specific tasks. How those offices work day to day is covered in the security cooperation organization.

5. The cap of six, and the cost rule

Numbers are limited. "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" (22 U.S.C. 2321i(c)(1)). The President may waive the limit by reporting to the two foreign affairs committees 30 days before the additional personnel arrive that national interests require more. The statute also names a list of countries authorized to have larger staffs, so the waiver is needed only for a country outside that list. The six-person figure is therefore a default for most countries rather than a universal ceiling.

A second limit ties staffing to the budget request. The number assigned to a country in a fiscal year may not exceed the number justified to Congress in that year’s presentation materials, unless the committees are notified 30 days in advance (22 U.S.C. 2321i(c)(2)).

The costs of this overseas management, other than the salaries of military personnel outside the Coast Guard, are charged to or reimbursed from assistance and sales funds. Costs paid directly for defense services by a buyer, or recovered from charges collected from foreign governments, are excluded (22 U.S.C. 2321i(d)).

6. Who they answer to, and a rule on promotion

Personnel assigned under the section serve under the direction and supervision of the chief of the United States diplomatic mission in the country (22 U.S.C. 2321i(e)).

The section closes with an instruction that bears on industry. The President shall continue to instruct diplomatic and military personnel in 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 appropriate official of the executive branch" (22 U.S.C. 2321i(f)). What such an office may do for companies is described in security cooperation office support to industry.

7. Major non-NATO allies

Several provisions of law refer to major non-NATO allies. They include the stockpile location rule above and the Arms Export Control Act authority to loan materials, supplies and equipment for cooperative research, development, testing and evaluation (22 U.S.C. 2796d). Designation and its termination follow a notice rule. "The President shall notify the Congress in writing at least 30 days before" designating a country as a major non-NATO ally for the purposes of the two Acts, or terminating a designation (22 U.S.C. 2321k(a)). Six countries were deemed designated when the section took effect, without notice (22 U.S.C. 2321k(b)).

Key terms

War reserve stocks	Defense articles earmarked for future foreign use, capped each year and limited in location.
Section 515 personnel	Military members assigned abroad to manage assistance and sales programs, normally no more than six.
Chief of mission	The head of the diplomatic mission, who directs and supervises assigned military personnel.
Major non-NATO ally	A designation made or ended on 30 days written notice to Congress.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Stockpiled and delivered equipment both need secure storage and handling wherever they are held. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.