
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2321i]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
              SUBCHAPTER II--MILITARY ASSISTANCE AND SALES
 
                      Part II--Military Assistance
 
Sec. 2321i. Overseas management of assistance and sales programs


(a) Assignment of military personnel for performance of enumerated 
        functions

    In order to carry out his responsibilities for the management of 
international security assistance 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 management;
        (2) training management;
        (3) program monitoring;
        (4) evaluation and planning of the host government's military 
    capabilities and requirements;
        (5) administrative support;
        (6) promoting rationalization, standardization, 
    interoperability, and other defense cooperation measures; and
        (7) liaison functions exclusive of advisory and training 
    assistance.

(b) Furnishing of advisory and training assistance

     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 personnel are assigned under this section 
shall be provided primarily by other personnel who are not assigned 
under this section and who are detailed for limited periods to perform 
specific tasks.

(c) Number of personnel assigned; waiver; procedures 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 reports to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives, 30 days prior to the introduction of the additional 
military personnel, that United States national interests 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 paragraph. Pakistan, Tunisia, El Salvador, Honduras, 
Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, 
Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and 
Turkey are authorized to have military personnel strengths larger than 
six under this section to carry out international security assistance 
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 country in the congressional 
presentation materials for that fiscal year, unless the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives are notified 30 days in advance of the 
introduction of the additional military personnel.

(d) Costs

     Effective October 1, 1989, the entire costs (excluding salaries of 
the United States military personnel other than the Coast Guard) of 
overseas management of international security assistance programs under 
this section shall be charged to or reimbursed from funds made available 
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 personnel

     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 military 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 appropriate official of the 
executive branch.

(Pub. L. 87-195, pt. II, Sec. 515, as added Pub. L. 93-559, Sec. 16, 
Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94-329, title I, Sec. 104, 
June 30, 1976, 90 Stat. 731; Pub. L. 95-92, Sec. 7(a), Aug. 4, 1977, 91 
Stat. 615; Pub. L. 95-384, Sec. 9, Sept. 26, 1978, 92 Stat. 732; Pub. L. 
96-92, Sec. 7, Oct. 29, 1979, 93 Stat. 703; Pub. L. 96-533, title I, 
Sec. 114, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113, title I, 
Sec. 112, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 99-83, title I, 
Sec. 125, Aug. 8, 1985, 99 Stat. 205; Pub. L. 100-690, title IV, 
Sec. 4305(a), Nov. 18, 1988, 102 Stat. 4273; Pub. L. 101-165, title IX, 
Sec. 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, Sec. 556(c), 
Oct. 6, 1992, 106 Stat. 1675; Pub. L. 104-164, title I, Sec. 143, July 
21, 1996, 110 Stat. 1434.)

                       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, as amended, which is 
classified principally to chapter 39 (Sec. 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.


                               Amendments

    1996--Subsec. (a)(6). Pub. L. 104-164 struck out ``among members of 
the North Atlantic Treaty Organization and with the Armed Forces of 
Japan, Australia, and New Zealand'' after ``defense cooperation 
measures''.
    1992--Subsec. (d). Pub. L. 102-391, which directed the substitution 
of ``(excluding salaries of the United States military personnel other 
than the Coast Guard)'' for ``(excluding salaries of the United States 
military personnel)'', was executed by making the substitution for 
``(excluding salaries of United States military personnel)'', to reflect 
the probable intent of Congress.
    1989--Subsec. (d). Pub. L. 101-167 inserted ``or the Arms Export 
Control Act'' after ``this part''.
    Pub. L. 101-165 changed effective date from Oct. 1, 1982, to Oct. 1, 
1989, and provided that costs would exclude rather than include salaries 
of U.S. military personnel.
    1988--Subsec. (c)(1). Pub. L. 100-690 inserted ``Colombia,'' after 
``Honduras,''.
    1985--Subsec. (c)(1). Pub. L. 99-83 substituted ``Pakistan, Tunisia, 
El Salvador, Honduras'' for ``For the fiscal year 1982 and the fiscal 
year 1983''.
     1981--Subsec. (a). Pub. L. 97-113 substituted provision authorizing 
the President to assign members of the Armed Forces of the United States 
to a foreign country to perform one or more enumerated functions for 
provision requiring specific Congressional authorization for military 
assistance groups, etc., to operate in a foreign country, with exception 
of regular units of the Armed Forces of the United States engaged in 
routine functions designed to bring about standardization of military 
operation and procedures between United States forces and defense treaty 
allies.
    Subsec. (b). Pub. L. 97-113 substituted provision directing that 
advisory and training assistance conducted by military personnel 
assigned under this section be kept to an absolute minimum for provision 
authorizing the President to assign military personnel under 
international security programs to Portugal, Spain, Jordan, the 
Philippines, the Republic of Korea, Panama, Greece, Turkey, Indonesia, 
Thailand, Morocco, Egypt, and Saudi Arabia to perform logistics 
management, transportation, fiscal management, and contract 
administration of country programs, designated the maximum number 
assignable, and provided for reimbursement from Saudi Arabia. See 
subsec. (a) of this section.
    Subsec. (c). Pub. L. 97-113 substituted provision designating the 
maximum number of personnel assignable, waiver of this limitation, and 
the procedures applicable for provision relating to assignment of 
military personnel to countries not specified in former subsec. (b) of 
this section for performance of accounting and other management 
functions, the maximum number assignable, and an exception to that 
number if the Chief of the Diplomatic Mission so requests.
    Subsec. (d). Pub. L. 97-113 substituted provision directing that, 
effective Oct. 1, 1982, the entire costs of overseas management of 
international security assistance programs be charged or reimbursed from 
funds made available to carry out this part, other than costs paid 
directly for defense services under section 2761(a) of this title or 
reimbursed from charges for services collected from foreign governments 
pursuant to sections 2761(e) and 2792(b) of this title, for provision 
that the maximum number of members of the Armed Forces assignable for 
fiscal year 1979 to all countries not exceed 790.
    Subsec. (e). Pub. L. 97-113 substituted ``under this section'' for 
``under subsection (b) or (c) of this section'' and ``to that country'' 
for ``in that country''.
    Subsec. (f). Pub. L. 97-113 redesignated subsec. (h) as (f). Former 
subsec. (f), relating to performance of management functions by defense 
attache's if that President determined it was the most economic and 
efficient means of performing those functions, was struck out.
    Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which provided 
that the entire cost of overseas management of international security 
assistance programs under this section be charged or reimbursed from 
funds made available to carry out this part, including costs reimbursed 
from charges for services collected from foreign governments pursuant to 
sections 2761(e) and 2792(b) of this title, and that the prohibition of 
former subsec. (a) of this section and the numerical limitations of 
former subsecs. (b), (c), and (d) of this section not apply to Armed 
Forces members performing services for specific purposes and for fixed 
periods of time on a fully reimbursable basis under section 2761(a) of 
this title. See subsec. (d) of this section.
    Subsec. (h). Pub. L. 97-113 redesignated subsec. (h) as (f).
    1980--Subsec. (b)(1). Pub. L. 96-533, Sec. 114(1), substituted 
``fiscal year 1981'' for ``fiscal year 1980'', substituted ``Portugal, 
Spain, Jordan, the Philippines,'' for ``the countries specified in 
section 2312(a) of this title and in'', authorized assignment of 
military personnel for programs in Egypt, and deleted from the list of 
countries eligible for such programs Iran and Kuwait.
    Subsec. (b)(3). Pub. L. 96-533, Sec. 114(2), substituted ``assigned 
to Saudi Arabia'' for ``assigned to Iran, Kuwait, and Saudi Arabia'', 
``assigned to such country'' for ``assigned to such countries'' and 
``assigned to such country exceeds'' for ``assigned to each such country 
exceeds''.
    Subsec. (f). Pub. L. 96-533, Sec. 114(3), substituted ``may not 
exceed six more than the number of defense attaches'' for ``may not 
exceed the number of defense attaches'' and ``December 31, 1979'' for 
``December 31, 1978'', and inserted ``such countries and countries to 
which military personnel have been assigned pursuant to subsection (c) 
of this section'' after ``such countries''.
    1979--Subsec. (b)(1). Pub. L. 96-92, Sec. 7(1), substituted ``fiscal 
year 1980'' for ``fiscal year 1979'' and authorized assignment of 
military personnel for programs in Greece.
    Subsec. (f). Pub. L. 96-92, Sec. 7(2), substituted ``December 31, 
1978'' for ``December 31, 1977''.
    1978--Subsec. (b)(1). Pub. L. 95-384, Sec. 9(a), substituted 
``fiscal year 1979'' for ``fiscal year 1978'' and ``Turkey, Indonesia, 
Thailand'' for ``Brazil''.
    Subsec. (d). Pub. L. 95-384, Sec. 9(b), substituted ``, including 
any such members serving on a reimbursable basis pursuant to subsection 
(b)(3) of this section, may not exceed 790 for the fiscal year 1979'' 
for ``may not exceed 865 for the fiscal year 1978''.
    Subsec. (f). Pub. L. 95-384, Sec. 9(c), substituted ``December 31, 
1977, except that the President may assign an aggregate total of not to 
exceed eight additional defense attaches to such countries in order to 
perform overseas management functions under this subsection'' for 
``December 31, 1976''.
    Subsec. (g). Pub. L. 95-384, Sec. 9(d), inserted ``for fixed'' after 
``for specific purposes and''.
    Subsec. (h). Pub. L. 95-384, Sec. 9(e), added subsec. (h).
    1977--Subsec. (a). Pub. L. 95-92 substituted provisions requiring 
specific Congressional authorization for a military assistance advisory 
group, etc., to operate in any foreign country and set forth exceptions 
to such requirement, for provisions authorizing deductions of 
expenditures from military assistance appropriations during the period 
beginning July 1, 1976, and ending Sept. 30, 1977, under section 2312 of 
this title where under this section reimbursement is requested by the 
expending government agency or if the available funds are deposited in 
the Treasury as miscellaneous receipts.
    Subsec. (b). Pub. L. 95-92 substituted provisions relating to 
assignment of military personnel to specified countries by President for 
implementation of management responsibilities during fiscal year 1978 
under international security assistance programs, for provisions 
requiring specific Congressional authority for assignment of any 
military assistance advisory group, etc., to operate in any foreign 
country after Sept. 30, 1977, and provisions relating to assignment by 
the President of military personnel to diplomatic missions of the United 
States.
    Subsec. (c). Pub. L. 95-92 substituted provisions relating to 
assignment of military personnel to nonspecified countries by President 
for performance of accounting and other management functions under 
international security assistance programs, for provisions limiting 
after Sept. 30, 1976, the number of military missions and groups to not 
more than 34.
    Subsec. (d). Pub. L. 95-92 substituted provisions setting forth 
maximum number of military personnel assignable under subsecs. (b) and 
(c) of this section for fiscal year 1978 as 865, for provisions defining 
``military assistance advisory group, military mission, or other 
organization of United States military personnel performing similar 
military advisory functions under this chapter''.
    Subsecs. (e) to (g). Pub. L. 95-92 added subsecs. (e) to (g).
    1976--Subsec. (a). Pub. L. 94-329, Sec. 104(1), designated existing 
provisions as subsec. (a) and substituted ``During the period beginning 
July 1, 1976, and ending September 30, 1977'' for ``Effective July 1, 
1976''.
    Subsecs. (b) to (d). Pub. L. 94-329, Sec. 104(2), added subsecs. (b) 
to (d).

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                    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 section 2151-1 of this title.

                         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.

                  Section Referred to in Other Sections

    This section is referred to in section 2321j of this title.
