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Title 22 — Foreign Relations and Intercourse

Part II · Chapter 32 — Foreign Assistance

§ 2321i. Overseas management of assistance and sales programs

Statutory text

(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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–195 · 75 Stat. 424

    Enacted · 22 U.S.C. § 2321i

    Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, Dec. 30, 1974, 88 Stat. 1799

    Source evidence

    Code source credit
    Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, Dec. 30, 1974, 88 Stat. 1799

  2. International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 § 104(1) · 90 Stat. 729

    1. Amended · 22 U.S.C. § 2321i(a)

      Pub. L. 94–329, § 104(1), designated existing provisions as subsec. (a)

    2. Substituted · 22 U.S.C. § 2321i(a)

      Pub. L. 94–329, § 104(1), substituted “During the period beginning July 1, 1976, and ending September 30, 1977” for “Effective July 1, 1976”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–329, § 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”.

    Enacted provision · exact public law section
    (1) by striking out “Effective July 1, 1976,” and inserting in lieu thereof “(a) During the, period beginning July 1, 1976, and ending September 30, 1977,”: and

  3. International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 § 104(2) · 90 Stat. 729

    Added · 22 U.S.C. § 2321i(b)(d)

    Pub. L. 94–329, § 104(2), added subsecs. (b) to (d)

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 94–329, § 104(2), added subsecs. (b) to (d).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsections: “(b) (1) After September 30, 1977, no military assistance advisory group, military mission, or other organization of United States military personnel performing similar military advisory functions under this Act may operate in any foreign country unless specifically authorized by the Congress. “(2) The President may assign not more than three members of the Armed Forces of the United States to the Chief of each United States Diplomatic Mission to perform such functions as such Chief of Mission determines necessary with respect to international military education and training provided under chapter 5 of this part, to sales Post. p. 732. Post. p. 734. 22 USC 2751 note. of defense articles and services under the Arms Export Control Act, or to such other international security assistance programs as the President may designate. After September 30, 1977, no such functions or related activities may be performed by any defense attaches assigned, detailed, or attached to the United States Diplomatic Mission in any foreign country. “(c) After September 30, 1976, the number of military missions, groups, and similar organizations may not exceed 34. “(d) As used in this section, the term ‘military assistance advisory Definition. group, military mission, or other organization of United States mili-tary personnel performing similar military advisory functions under this Act’ does not include regular units of Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and allies of the United States.”.

  4. International Security Assistance Act of 1977

    Pub. L. 95–92 § 7(a) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) No military assistance advisory group, military mission, Congressional authorization. or other organization of United States military personnel performing similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically 22 USC 2751 note. authorized by the Congress. The prohibition contained in this subsection does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are members of the North Atlantic Treaty Organization or other defense treaty allies of the United States. “(b) (1) In order to carry out his responsibilities for the management during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, 22 USC 2347. or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-sary functions with respect to such programs in the countries Ante, p. 614. specified in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their primary functions logistics management, transportation, fiscal management, and contract administration of country programs. It is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. “(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. “(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis 22 USC 2761. under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. “(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b) (1) to perform accounting and other management functions with respect to international security assistance programs conducted under this 22 USC 2347, 2751 note. chapter, chapter 5 of this part, or under the Arms Export Control Act, except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as necessary to the efficient operation of the Mission. “(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. “(e) Members of the Armed Forces assigned to a foreign country under subsection (b) or (c) shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission in that country. “(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic Report to Speaker of the House and congressional committees. and efficient means of performing such functions. The President shall promptly report each such determination to the Speaker of the House of Representatives and to the chairman of the Senate Committee on Foreign Relations and the chairman of the Senate Committee on Armed Services, together with a description of the number of personnel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the number of defense attaches authorized to be assigned to that country on December 31, 1976. “(g) The entire costs (including salaries of United States military personnel) 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 chapter, including any such costs which are reimbursed from charges for services collected from foreign governments pursuant to sections 21(e) and 43(b) of the Arms Export Control Act. The prohibition contained in subsection 22 USC 2761. Infra. (a) of this section and the numerical limitations contained in subsections (b). (c). and (d) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully reimbursable basis under section 21(a) of the Arms Export Control Act.”.

  5. International Security Assistance Act of 1977

    Pub. L. 95–92 § 7(a) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) No military assistance advisory group, military mission, Congressional authorization. or other organization of United States military personnel performing similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically 22 USC 2751 note. authorized by the Congress. The prohibition contained in this subsection does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are members of the North Atlantic Treaty Organization or other defense treaty allies of the United States. “(b) (1) In order to carry out his responsibilities for the management during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, 22 USC 2347. or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-sary functions with respect to such programs in the countries Ante, p. 614. specified in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their primary functions logistics management, transportation, fiscal management, and contract administration of country programs. It is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. “(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. “(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis 22 USC 2761. under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. “(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b) (1) to perform accounting and other management functions with respect to international security assistance programs conducted under this 22 USC 2347, 2751 note. chapter, chapter 5 of this part, or under the Arms Export Control Act, except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as necessary to the efficient operation of the Mission. “(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. “(e) Members of the Armed Forces assigned to a foreign country under subsection (b) or (c) shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission in that country. “(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic Report to Speaker of the House and congressional committees. and efficient means of performing such functions. The President shall promptly report each such determination to the Speaker of the House of Representatives and to the chairman of the Senate Committee on Foreign Relations and the chairman of the Senate Committee on Armed Services, together with a description of the number of personnel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the number of defense attaches authorized to be assigned to that country on December 31, 1976. “(g) The entire costs (including salaries of United States military personnel) 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 chapter, including any such costs which are reimbursed from charges for services collected from foreign governments pursuant to sections 21(e) and 43(b) of the Arms Export Control Act. The prohibition contained in subsection 22 USC 2761. Infra. (a) of this section and the numerical limitations contained in subsections (b). (c). and (d) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully reimbursable basis under section 21(a) of the Arms Export Control Act.”.

  6. International Security Assistance Act of 1977

    Pub. L. 95–92 § 7(a) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) No military assistance advisory group, military mission, Congressional authorization. or other organization of United States military personnel performing similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically 22 USC 2751 note. authorized by the Congress. The prohibition contained in this subsection does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are members of the North Atlantic Treaty Organization or other defense treaty allies of the United States. “(b) (1) In order to carry out his responsibilities for the management during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, 22 USC 2347. or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-sary functions with respect to such programs in the countries Ante, p. 614. specified in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their primary functions logistics management, transportation, fiscal management, and contract administration of country programs. It is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. “(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. “(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis 22 USC 2761. under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. “(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b) (1) to perform accounting and other management functions with respect to international security assistance programs conducted under this 22 USC 2347, 2751 note. chapter, chapter 5 of this part, or under the Arms Export Control Act, except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as necessary to the efficient operation of the Mission. “(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. “(e) Members of the Armed Forces assigned to a foreign country under subsection (b) or (c) shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission in that country. “(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic Report to Speaker of the House and congressional committees. and efficient means of performing such functions. The President shall promptly report each such determination to the Speaker of the House of Representatives and to the chairman of the Senate Committee on Foreign Relations and the chairman of the Senate Committee on Armed Services, together with a description of the number of personnel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the number of defense attaches authorized to be assigned to that country on December 31, 1976. “(g) The entire costs (including salaries of United States military personnel) 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 chapter, including any such costs which are reimbursed from charges for services collected from foreign governments pursuant to sections 21(e) and 43(b) of the Arms Export Control Act. The prohibition contained in subsection 22 USC 2761. Infra. (a) of this section and the numerical limitations contained in subsections (b). (c). and (d) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully reimbursable basis under section 21(a) of the Arms Export Control Act.”.

  7. International Security Assistance Act of 1977

    Pub. L. 95–92 § 7(a) · 91 Stat. 614

    Substituted · 22 U.S.C. § 2321i(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) No military assistance advisory group, military mission, Congressional authorization. or other organization of United States military personnel performing similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically 22 USC 2751 note. authorized by the Congress. The prohibition contained in this subsection does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are members of the North Atlantic Treaty Organization or other defense treaty allies of the United States. “(b) (1) In order to carry out his responsibilities for the management during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, 22 USC 2347. or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-sary functions with respect to such programs in the countries Ante, p. 614. specified in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their primary functions logistics management, transportation, fiscal management, and contract administration of country programs. It is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. “(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. “(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis 22 USC 2761. under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. “(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b) (1) to perform accounting and other management functions with respect to international security assistance programs conducted under this 22 USC 2347, 2751 note. chapter, chapter 5 of this part, or under the Arms Export Control Act, except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as necessary to the efficient operation of the Mission. “(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. “(e) Members of the Armed Forces assigned to a foreign country under subsection (b) or (c) shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission in that country. “(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic Report to Speaker of the House and congressional committees. and efficient means of performing such functions. The President shall promptly report each such determination to the Speaker of the House of Representatives and to the chairman of the Senate Committee on Foreign Relations and the chairman of the Senate Committee on Armed Services, together with a description of the number of personnel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the number of defense attaches authorized to be assigned to that country on December 31, 1976. “(g) The entire costs (including salaries of United States military personnel) 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 chapter, including any such costs which are reimbursed from charges for services collected from foreign governments pursuant to sections 21(e) and 43(b) of the Arms Export Control Act. The prohibition contained in subsection 22 USC 2761. Infra. (a) of this section and the numerical limitations contained in subsections (b). (c). and (d) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully reimbursable basis under section 21(a) of the Arms Export Control Act.”.

  8. International Security Assistance Act of 1977

    Pub. L. 95–92 § 7(a) · 91 Stat. 614

    Added · 22 U.S.C. § 2321i(e)(g)

    Pub. L. 95–92 added subsecs. (e) to (g)

    Source evidence

    Code amendment note
    Subsecs. (e) to (g). Pub. L. 95–92 added subsecs. (e) to (g).

    Enacted provision · exact public law section
    (a) Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) No military assistance advisory group, military mission, Congressional authorization. or other organization of United States military personnel performing similar military advisory, functions under this Act or the Arms Export Control Act may operate in any foreign country unless specifically 22 USC 2751 note. authorized by the Congress. The prohibition contained in this subsection does not apply to regular units of the Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and countries which are members of the North Atlantic Treaty Organization or other defense treaty allies of the United States. “(b) (1) In order to carry out his responsibilities for the management during the fiscal year 1978 of international security assistance programs conducted under this chapter, under chapter 5 of this part, 22 USC 2347. or under the Arms Export Control Act, the President may assign members of the Armed Forces of the United States to perform neces-sary functions with respect to such programs in the countries Ante, p. 614. specified in section 504(a)(1) and in the Republic of Korea, Panama, Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed Forces assigned under this subsection shall have as their primary functions logistics management, transportation, fiscal management, and contract administration of country programs. It is the sense of the Congress that advisory and training assistance in the countries specified above shall primarily be provided by personnel who are not assigned under this subsection and who are detailed for limited periods to perform specific tasks. “(2) The total number of members of the Armed Forces assigned under this subsection to each country specified in paragraph (1) of this subsection may not exceed the number justified to the Congress in the congressional presentation materials, unless the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives are so notified. “(3) Members of the Armed Forces authorized to be assigned to Iran, Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be assigned to such countries on a fully reimbursable basis 22 USC 2761. under section 21(a) of the Arms Export Control Act, except that this requirement shall apply only to the extent that the number of members of the Armed Forces assigned to each such country exceeds six. “(c) The President may assign not to exceed three members of the Armed Forces to any country not specified in subsection (b) (1) to perform accounting and other management functions with respect to international security assistance programs conducted under this 22 USC 2347, 2751 note. chapter, chapter 5 of this part, or under the Arms Export Control Act, except that not to exceed three additional members of the Armed Forces may be assigned to a country to perform such functions when specifically requested by the Chief of the Diplomatic Mission as necessary to the efficient operation of the Mission. “(d) The total number of members of the Armed Forces assigned to foreign countries under subsections (b) and (c) may not exceed 865 for the fiscal year 1978. “(e) Members of the Armed Forces assigned to a foreign country under subsection (b) or (c) shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission in that country. “(f) Defense attaches may perform overseas management functions described in this section only if the President determines that the performance of such functions by defense attaches is the most economic Report to Speaker of the House and congressional committees. and efficient means of performing such functions. The President shall promptly report each such determination to the Speaker of the House of Representatives and to the chairman of the Senate Committee on Foreign Relations and the chairman of the Senate Committee on Armed Services, together with a description of the number of personnel involved and a statement of the reasons for such determination. The number of defense attaches performing overseas management functions in a country under this subsection may not exceed the number of defense attaches authorized to be assigned to that country on December 31, 1976. “(g) The entire costs (including salaries of United States military personnel) 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 chapter, including any such costs which are reimbursed from charges for services collected from foreign governments pursuant to sections 21(e) and 43(b) of the Arms Export Control Act. The prohibition contained in subsection 22 USC 2761. Infra. (a) of this section and the numerical limitations contained in subsections (b). (c). and (d) of this section shall not apply to members of the Armed Forces performing services for specific purposes and periods of time on a fully reimbursable basis under section 21(a) of the Arms Export Control Act.”.

  9. Pub. L. 95–384 § 9(a) · 92 Stat. 730

    1. Substituted · 22 U.S.C. § 2321i(b)(1)

      Pub. L. 95–384, § 9(a), substituted “fiscal year 1979” for “fiscal year 1978”

    2. Substituted · 22 U.S.C. § 2321i(b)(1)

      Pub. L. 95–384, § 9(a), substituted “Turkey, Indonesia, Thailand” for “Brazil”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 95–384, § 9(a), substituted “fiscal year 1979” for “fiscal year 1978” and “Turkey, Indonesia, Thailand” for “Brazil”.

    Enacted provision · exact public law section
    (a) Section 22 USC 2321i. 515 of the Foreign Assistance Act of 1961 is amended in the first sentence of subsection (b)(1)— (1) by striking out “fiscal year 1978” and inserting in lieu thereof “fiscal year 1979”; and (2) by striking out “Brazil” and inserting in lieu thereof “Turkey, Indonesia, Thailand”.

  10. Pub. L. 95–384 § 9(b) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2321i(d)

    Pub. L. 95–384, § 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”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–384, § 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”.

    Enacted provision · exact public law section
    (b) Such section is amended in subsection (d) by striking out “may not exceed 865 for the fiscal year 1978” and inserting in lieu thereof “, including any such members serving on a reimbursable basis pursuant to subsection (b)(3), may not exceed 790 for the fiscal year 1979”.

  11. Pub. L. 95–384 § 9(c) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2321i(f)

    Pub. L. 95–384, § 9(c), substituted “December 31, 1977, except that the President may assign an aggregate total of not to exceed eight additional defense attachés to such countries in order to perform overseas management functions under this subsection” for “December 31, 1976”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 95–384, § 9(c), substituted “December 31, 1977, except that the President may assign an aggregate total of not to exceed eight additional defense attachés to such countries in order to perform overseas management functions under this subsection” for “December 31, 1976”.

    Enacted provision · exact public law section
    (c) Such section is amended in subsection (f) by striking out “1976” in the last sentence and inserting in lieu thereof “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”.

  12. Pub. L. 95–384 § 9(d) · 92 Stat. 730

    Inserted · 22 U.S.C. § 2321i(g)

    Pub. L. 95–384, § 9(d), inserted “for fixed” after “for specific purposes and”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 95–384, § 9(d), inserted “for fixed” after “for specific purposes and”.

    Enacted provision · exact public law section
    (d) Such section is amended in subsection (g) by inserting “for fixed” immediately before “periods of time” in the second sentence.

  13. Pub. L. 95–384 § 9(e) · 92 Stat. 730

    Added · 22 U.S.C. § 2321i(h)

    Pub. L. 95–384, § 9(e), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 95–384, § 9(e), added subsec. (h).

    Enacted provision · exact public law section
    (e) Such section is amended by adding at the end thereof the following new subsection: “(h) The President shall continue to instruct United States diplomatic and military personnel in 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.”.

  14. Pub. L. 96–92 § 7(1) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2321i(b)(1)

    Pub. L. 96–92, § 7(1), substituted “fiscal year 1980” for “fiscal year 1979” and authorized assignment of military personnel for programs in Greece

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–92, § 7(1), substituted “fiscal year 1980” for “fiscal year 1979” and authorized assignment of military personnel for programs in Greece.

    Enacted provision · exact public law section
    (1) in subsection (b)(1)— (A) by striking out “fiscal year 1979” and inserting in lieu thereof “fiscal year 1980”; and (B) by inserting “Greece,” immediately after “Panama,”; and

  15. Pub. L. 96–92 § 7(2) · 93 Stat. 701

    Substituted · 22 U.S.C. § 2321i(f)

    Pub. L. 96–92, § 7(2), substituted “December 31, 1978” for “December 31, 1977”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–92, § 7(2), substituted “December 31, 1978” for “December 31, 1977”.

    Enacted provision · exact public law section
    (2) in subsection (f), by striking out “December 31, 1977” and inserting in lieu thereof “December 31, 1978”.

  16. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 114(1) · 94 Stat. 3131

    1. Substituted · 22 U.S.C. § 2321i(b)(1)

      Pub. L. 96–533, § 114(1), substituted “fiscal year 1981” for “fiscal year 1980”

    2. Substituted · 22 U.S.C. § 2321i(b)(1)

      Pub. L. 96–533, § 114(1), 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

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–533, § 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.

    Enacted provision · exact public law section
    (1) in subsection (b)(1)— (A) by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; (B) by striking out “the countries specified in section 504(a)(1) and in” and inserting in lieu thereof “Portugal, Supra. Spain, Jordan, the Philippines,”; and (C) by striking out “Iran, Kuwait” and inserting in lieu thereof “Egypt”;

  17. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 114(2) · 94 Stat. 3131

    1. Substituted · 22 U.S.C. § 2321i(b)(3)

      Pub. L. 96–533, § 114(2), substituted “assigned to Saudi Arabia” for “assigned to Iran, Kuwait, and Saudi Arabia”

    2. Substituted · 22 U.S.C. § 2321i(b)(3)

      Pub. L. 96–533, § 114(2), substituted “assigned to such country” for “assigned to such countries”

    3. Substituted · 22 U.S.C. § 2321i(b)(3)

      Pub. L. 96–533, § 114(2), substituted “assigned to such country exceeds” for “assigned to each such country exceeds”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 96–533, § 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”.

    Enacted provision · exact public law section
    (2) in subsection (b)(3)— (A) by striking out “Iran, Kuwait, and”; (B) by striking out “countries” and inserting in lieu thereof “country”; and (C) by striking out “each”; and

  18. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 114(3) · 94 Stat. 3131

    1. Substituted · 22 U.S.C. § 2321i(f)

      Pub. L. 96–533, § 114(3), substituted “may not exceed six more than the number of defense attachés” for “may not exceed the number of defense attachés”

    2. Substituted · 22 U.S.C. § 2321i(f)

      Pub. L. 96–533, § 114(3), substituted “December 31, 1979” for “December 31, 1978”

    3. Inserted · 22 U.S.C. § 2321i(f)

      Pub. L. 96–533, § 114(3), inserted “such countries and countries to which military personnel have been assigned pursuant to subsection (c) of this section” after “such countries”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–533, § 114(3), substituted “may not exceed six more than the number of defense attachés” for “may not exceed the number of defense attachés” 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”.

    Enacted provision · exact public law section
    (3) in the last sentence of subsection (f)— (A) by inserting “six more than” immediately after “may not exceed”; (B) by striking out “December 31, 1978” and inserting in lieu thereof “December 31, 1979”; and (C) by inserting “and countries to which military personnel have been assigned pursuant to subsection (c)” immediately after “such countries”.

  19. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  20. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    1. Substituted · 22 U.S.C. § 2321i(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

    2. Amended · 22 U.S.C. § 2321i(b)

      Pub. L. 97–113 designated the maximum number assignable, and provided for reimbursement from Saudi Arabia. See subsec. (a) of this section

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  21. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  22. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  23. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    1. Substituted · 22 U.S.C. § 2321i(e)

      Pub. L. 97–113 substituted “under this section” for “under subsection (b) or (c) of this section”

    2. Substituted · 22 U.S.C. § 2321i(e)

      Pub. L. 97–113 substituted “to that country” for “in that country”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  24. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    Redesignated · 22 U.S.C. § 2321i(f)

    Pub. L. 97–113 redesignated subsec. (h) as (f). Former subsec. (f), relating to performance of management functions by defense attaché’s if that President determined it was the most economic and efficient means of performing those functions, was struck out

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–113 redesignated subsec. (h) as (f). Former subsec. (f), relating to performance of management functions by defense attaché’s if that President determined it was the most economic and efficient means of performing those functions, was struck out.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  25. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    Struck · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  26. Pub. L. 97–113 title I § 112 · 95 Stat. 1519

    Redesignated · 22 U.S.C. § 2321i(h)

    Pub. L. 97–113 redesignated subsec. (h) as (f)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 97–113 redesignated subsec. (h) as (f).

    Enacted provision · exact public law section
    Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, 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 among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. 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) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. 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. For the fiscal year 1982 and the fiscal year 1983, 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) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) 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 chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) 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) 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.”.

  27. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 title I § 125 · 99 Stat. 190

    Substituted · 22 U.S.C. § 2321i(c)(1)

    Pub. L. 99–83 substituted “Pakistan, Tunisia, El Salvador, Honduras” for “For the fiscal year 1982 and the fiscal year 1983”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 99–83 substituted “Pakistan, Tunisia, El Salvador, Honduras” for “For the fiscal year 1982 and the fiscal year 1983”.

    Enacted provision · exact public law section
    SEC. 125. SECURITY ASSISTANCE ORGANIZATIONS. Section 515(c)(1) of the Foreign Assistance Act of 1961 is amended 22 USC 2321i. in the last sentence by striking out “For the fiscal year 1982 and the fiscal year 1983,” and inserting in lieu thereof “Pakistan, Tunisia, El Salvador, Honduras,”.

    Effective date note
    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.

  28. International Narcotics Control Act of 1988

    Pub. L. 100–690 title IV § 4305(a) · 102 Stat. 4181

    Inserted · 22 U.S.C. § 2321i(c)(1)

    Pub. L. 100–690 inserted “Colombia,” after “Honduras,”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 100–690 inserted “Colombia,” after “Honduras,”.

    Enacted provision · exact public law section
    (a) Size of Military Assistance Group.— The third sentence of section 515(c)(1) of the Foreign Assistance Act of 1961 (relating to countries authorized to have more than 6 members of the Armed Forces assigned to carry out international security assistance programs) is amended by inserting “Colombia,” after “Honduras,”. 22 USC 2321i.

  29. Pub. L. 101–167 title III · 103 Stat. 1195

    Inserted · 22 U.S.C. § 2321i(d)

    Pub. L. 101–167 inserted “or the Arms Export Control Act” after “this part”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–167 inserted “or the Arms Export Control Act” after “this part”.

    Enacted provision · exact public law
    TITLE III— MILITARY ASSISTANCE Funds Appropriated to the President international military education and training For necessary expenses to carry out the provisions of section 541, $47,400,000: Provided, That none of the funds appropriated under this heading shall be made available for grant financed military education and training for any country whose annual per capita GNP exceeds $2,349 unless that country agrees to fund from its own resources the transportation cost and living allowances of its students. foreign military financing program For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,297,404,194: Provided, That of the funds appropriated by this paragraph not less than $1,800,000,000 shall be available for grants only for Israel, not less than $1,300,000,000 shall be available for grants only for Egypt, not less than $230,000,000 shall be available for grants only for Pakistan, and not less than $48,000,000 shall be available for grants only for Jordan: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced fighter aircraft programs or for other advanced weapons systems, as follows: (1) up to $150,000,000 shall be available for research and development in the United States; and (2) not less than $400,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That grants provided with funds made available by this paragraph shall be implemented by grant documents which do not include a requirement to repay the United States Government, notwithstanding any requirement in section 23 of the Arms Export Control Act. For expenses necessary for loans to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $406,000,000: Provided, That any funds made available by this paragraph, except as otherwise specified, may be made available at concessional rates of interest: Provided further, That the concessional rate of interest on Foreign Military Financing Program loans shall be not less than 5 per centum per year: Provided further, That all country and funding level changes in requested concessional financing allocations shall be submitted through the regular notification procedures: Provided further, That during fiscal year 1990, gross obligations for the principal amount of direct loans under this heading, exclusive of loan guarantee defaults, shall not exceed $406,000,000. Of the funds appropriated under this heading $500,000,000 only shall be available for Turkey and $350,000,000 only shall be available for Greece and, if Turkey receives any funds under this heading on a grant basis then not less than $30,000,000 of the funds provided for Greece shall be made available as grants: Provided, That funds previously obligated for the Philippines under the heading –Foreign Military Credit Sales” but uncommitted on the date of enactment of this Act shall be used at any time hereafter only to finance sales made under the Arms Export Control Act: Provided further, That of the funds appropriated under this heading not more than $85,000,000 shall be available for El Salvador: Provided further, That of the funds appropriated under this heading not more than $9,000,000 shall be available for non-lethal assistance for Guatemala: Provided further, That of the funds appropriated under this heading, except through the regular notification procedures of the Committees on Appropriations, not more than $3,000,000 shall be available for Zaire: Provided further, That of the funds appropriated under this heading $43,000,000 shall be available for Morocco: Provided further, That of the funds appropriated under this heading $30,000,000 shall be available for countries in sub-Saharan Africa: Provided further, That none of the funds appropriated under this heading shall be available for Sudan or Somalia, except through the regular notification procedures of the Committees on Appropriations: Provided further, That not more than $687,404,194 of the funds made available under this heading shall be available for use in financing the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act to countries other than Israel and Egypt: Provided further, That only those countries for which assistance was justified for the “Foreign Military Sales Financing Program” in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That any material assistance provided with funds appropriated under this heading for Haiti shall e limited to non-lethal items such as transportation and communications equipment and uniforms: Provided further, That funds made available under this heading for Haiti shall be made available only through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That the Department of Defense shall conduct during the current fiscal year nonreimbursable audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available under this heading (as well as subcontractors thereunder) as requested by the Defense Security Assistance Agency: Provided further, That any reference in title V of this Act to “Foreign Military Credit Sales” shall be deemed to be a reference to grants and loans pursuant to the Foreign Military Financing Program under this heading: Provided further, That not more than $39,000,000 of the funds appropriated under this heading may be obligated for necesary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That section 515(d) of the Foreign Assistance Act of 1961 is amended by inserting immediately after the word “chapter” the phrase “or the Arms Export Control Act”, and section 636(g) of that Act is amended by inserting immediately after the phrase “for the purposes of part II” the phrase “or the Arms Export Control Act”. foreign military sales debt reform Funds made available by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, for obligation and expenditure after October 1, 1988, subject to a Presidential budget request, under the heading “Foreign Military Sales Debt Reform”, subsection (b) “Interest Rate Reduction” shall be available, subject to the same conditions and provisos, only after October 1, 1990: Provided, That such subsection and subsection (a) under such heading are amended by striking “ten” in all places in which that word appears and inserting in lieu thereof “eight”. guaranty reserve fund If during fiscal year 1990 the funds available in the Guaranty Reserve Fund (Fund) are insufficient to enable the Secretary of Defense (Secretary) to discharge his responsibilities, as guarantor of loans guaranteed pursuant to section 24 of the Arms Export Control Act (AECA) or pursuant to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, under the heading “Foreign Military Sales Debt Reform”, the Secretary shall issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury. Such notes or obligations may be redeemed by the Secretary from appropriations and other funds available, including repayments by the borrowers of amounts paid pursuant to guarantees issued under section 24 of the AECA. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes or other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which securities may be issued under the Second Liberty Bond Act are extended to include any purchase of such notes or obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this heading. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. special defense acquisition fund (limitation on obligations) Not to exceed $280,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund during fiscal year 1990, to remain available for obligation until September 30, 1992: Provided, That section 632(d) of the Foreign Assistance Act of 1961 shall be applicable to the transfer to countries pursuant to chapter 2 of part II of that Act of defense articles and defense services acquired under chapter 5 of the Arms Export Control Act. peacekeeping operations For necessary expenses to carry out the provisions of section 551, $33,377,000.

  30. Department of Defense Appropriations Act, 1990

    Pub. L. 101–165 title IX § 9104(a) · 103 Stat. 1112

    Changed · 22 U.S.C. § 2321i(d)

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 515(d) of the Foreign Assistance Act of 1961 is amended by striking out “October 1, 1982” and inserting in lieu thereof “October 1, 1989” and by striking out “including” and inserting in lieu thereof “excluding”.

  31. Pub. L. 102–391 title V § 556(c) · 106 Stat. 1633

    Substituted · 22 U.S.C. § 2321i(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (c) Section 515(d) of the Foreign Assistance Act of 1961 22 USC 2321i. is amended by striking out “(excluding salaries of the United States military personnel)” and inserting in lieu thereof “(excluding salaries of the United States military personnel other than the Coast Guard)”.

  32. Pub. L. 104–164 title I § 143 · 110 Stat. 1421

    Struck · 22 U.S.C. § 2321i(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 143. INCREASED STANDARDIZATION, RATIONALIZATION, AND INTEROPERABILITY OF ASSISTANCE AND SALES PROGRAMS. Paragraph (6) of section 515(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended by striking “among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand”.

39 of 41 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

The Arms Export Control Act, referred to in subsecs. (a) and (d), is Pub. L. 90–629, , 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.

Amendments1976–1996 · 11 rounds

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 , to , 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 , 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 attaché’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, § 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, § 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, § 114(3), substituted “may not exceed six more than the number of defense attachés” for “may not exceed the number of defense attachés” and “” for “”, 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, § 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, § 7(2), substituted “” for “”.

1978

Subsec. (b)(1). Pub. L. 95–384, § 9(a), substituted “fiscal year 1979” for “fiscal year 1978” and “Turkey, Indonesia, Thailand” for “Brazil”.

Subsec. (d). Pub. L. 95–384, § 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, § 9(c), substituted “, except that the President may assign an aggregate total of not to exceed eight additional defense attachés to such countries in order to perform overseas management functions under this subsection” for “”.

Subsec. (g). Pub. L. 95–384, § 9(d), inserted “for fixed” after “for specific purposes and”.

Subsec. (h). Pub. L. 95–384, § 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 , and ending , 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 , 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 , 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, § 104(1), designated existing provisions as subsec. (a) and substituted “During the period beginning , and ending ” for “Effective ”.

Subsecs. (b) to (d). Pub. L. 94–329, § 104(2), added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

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

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Executive Documents

Delegation of Functions

For 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 section 2381 of this title.

Credits

1974–1996 · 13 acts
  1. 1974Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, , 88 Stat. 1799
  2. 1976amended Pub. L. 94–329, title I, § 104, , 90 Stat. 731
  3. 1977Pub. L. 95–92, § 7(a), , 91 Stat. 615
  4. 1978Pub. L. 95–384, § 9, , 92 Stat. 732
  5. 1979Pub. L. 96–92, § 7, , 93 Stat. 703
  6. 1980Pub. L. 96–533, title I, § 114, , 94 Stat. 3139
  7. 1981Pub. L. 97–113, title I, § 112, , 95 Stat. 1527
  8. 1985Pub. L. 99–83, title I, § 125, , 99 Stat. 205
  9. 1988Pub. L. 100–690, title IV, § 4305(a), , 102 Stat. 4273
  10. 1989Pub. L. 101–165, title IX, § 9104(a), , 103 Stat. 1152
  11. 1989Pub. L. 101–167, title III, , 103 Stat. 1213
  12. 1992Pub. L. 102–391, title V, § 556(c), , 106 Stat. 1675
  13. 1996Pub. L. 104–164, title I, § 143, , 110 Stat. 1434.
Show as published

(Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, , 88 Stat. 1799; amended Pub. L. 94–329, title I, § 104, , 90 Stat. 731; Pub. L. 95–92, § 7(a), , 91 Stat. 615; Pub. L. 95–384, § 9, , 92 Stat. 732; Pub. L. 96–92, § 7, , 93 Stat. 703; Pub. L. 96–533, title I, § 114, , 94 Stat. 3139; Pub. L. 97–113, title I, § 112, , 95 Stat. 1527; Pub. L. 99–83, title I, § 125, , 99 Stat. 205; Pub. L. 100–690, title IV, § 4305(a), , 102 Stat. 4273; Pub. L. 101–165, title IX, § 9104(a), , 103 Stat. 1152; Pub. L. 101–167, title III, , 103 Stat. 1213; Pub. L. 102–391, title V, § 556(c), , 106 Stat. 1675; Pub. L. 104–164, title I, § 143, , 110 Stat. 1434.)

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