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22 U.S.C. § 2321i — Overseas management of assistance and sales programs

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2321i — Overseas management of assistance and sales programs

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Source location: Title 22, Chapter 32, § 2321i; chapter-032-foreign-assistance.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.], the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions: (1) equipment and services case management; (2) training management; (3) program monitoring; (4) evaluation and planning of the host government’s military capabilities and requirements; (5) administrative support; (6) promoting rationalization, standardization, interoperability, and other defense cooperation measures; and (7) liaison functions exclusive of advisory and training assistance. **(b) Furnishing of advisory and training assistance** Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum. It is the sense of the Congress that advising and training assistance in countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks. **(c) Number of personnel assigned; waiver; procedures applicable** (1) The number of members of the Armed Forces assigned to a foreign country under this section may not exceed six unless specifically authorized by the Congress. The president may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. Pakistan, Tunisia, El Salvador, Honduras, Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs. (2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel. **(d) Costs** Effective October 1, 1989, the entire costs (excluding salaries of the United States military personnel other than the Coast Guard) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this part or the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a&num=0&edition=prelim)] or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) [[22 U.S.C. 2761(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/e&num=0&edition=prelim)] and section 43(b) [[22 U.S.C. 2792(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2792/b&num=0&edition=prelim)] 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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2381 — Exercise of functions

**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs. **(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2312 — Authorization of appropriations

**(a) Authorization and availability of amounts** (1) There are authorized to be appropriated to the President to carry out the purposes of this part $805,100,000 for fiscal year 1986 and $805,100,000 for fiscal year 1987. (2) Amounts appropriated under this subsection are authorized to remain available until expended. **(b) Programing and budgeting procedures** In order to make sure that a dollar spent on military assistance to foreign countries is as necessary as a dollar spent for the United States military establishment, the President shall establish procedures for programing and budgeting so that programs of military assistance come into direct competition for financial support with other activities and programs of the Department of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 384 — Department of Defense security cooperation workforce development

**(a) Program Required.—** The Secretary of Defense shall carry out a program to be known as the “Department of Defense Security Cooperation Workforce Development Program” (in this section referred to as the “Program”) to oversee the development and management of a professional workforce supporting security cooperation programs and activities of the Department of Defense, including— (1) assessment, planning, monitoring, execution, evaluation, and administration of such programs and activities under this chapter; and (2) execution of security assistance programs and activities under the Foreign Assistance Act of 1961 and the Arms Export Control Act by the Department of Defense. **(b) Purpose.—** The purpose of the Program is to improve the quality and professionalism of the security cooperation workforce in order to ensure that the workforce— (1) has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate support to the assessment, planning, monitoring, execution, evaluation, and administration of security cooperation programs and activities described in subsection (a), and ensure that the Department receives the best value for the expenditure of public resources on such programs and activities; and (2) is assigned in a manner that ensures personnel with the appropriate level of expertise and experience are assigned in sufficient numbers to fulfill requirements for the security cooperation programs and activities of the Department of Defense and the execution of security assistance programs and activities described in subsection (a)(2). **(c) Elements.—** The Program shall consist of elements relating to the development and management of the security cooperation workforce for the purposes specified in subsection (b),

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2321i — Overseas management of assistance and

Page 795 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321i Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2321i. Overseas management of assistance and sales programs (a) Assignment of military personnel for per- formance of enumerated functions In order to carry out his responsibilities for the management of international security as- sistance 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 manage- ment; (2) training management; (3) program monitoring; (4) evaluation and planning of the host gov- ernment’s military capabilities and require- ments; (5) administrative support; (6) promoting rationalization, standardiza- tion, interoperability, and other defense co- operation measures; and (7) liaison functions exclusive of advisory and training assistance. (b) Furnishing of advisory and training assist- ance 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 per- sonnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are de- tailed for limited periods to perform specific tasks. (c) Number of personnel assigned; waiver; proce- dures applicable (1) The number of

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense coopera-

Page 1185 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 Sec. 2762. Procurement for cash sales. 2763. Credit sales. 2764. Guaranties. 2765. Annual estimate and justification for sales program. 2766. Security assistance surveys. 2767. Authority of President to enter into co- operative projects with friendly for- eign countries. 2767a, 2768. Repealed. SUBCHAPTER II–A—FOREIGN MILITARY CONSTRUCTION SALES 2769. Foreign military construction sales. SUBCHAPTER II–B—SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END ITEMS 2770. General authority. SUBCHAPTER II–C—EXCHANGE OF TRAINING AND RELATED SUPPORT 2770a. Exchange of training and related sup- port. SUBCHAPTER III—MILITARY EXPORT CONTROLS 2771. Military sales authorizations and ceil- ings. 2772. Repealed. 2773. Restraint in arms sales to Sub-Saharan Africa. 2774. Foreign military sales credit standards. 2775. Foreign military sales to less developed countries. 2776. Reports and certifications to Congress on military exports. 2776a. Repealed. 2777. Fiscal provisions relating to foreign military sales credits. 2778. Control of arms exports and imports. 2778a. Exportation of uranium depleted in the isotope 235. 2779. Fees of military sales agents. 2779a. Prohibition on incentive payments. 2780. Transactions with countries supporting acts of international terrorism. 2781. Transactions with countries not fully co- operating with United States antiterrorism efforts. SUBCHAPTER III–A—END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES 2785. End-use monitoring of defense articles and defense services. SUBCHAPTER IV—GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS 2791. General provisions. 2792. Administrative expenses. 2793. Othe

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2761 — Sales from stocks

**(a) Eligible countries or international organizations; basis of payment; valuation of certain defense articles** (1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or international organization if such country or international organization agrees to pay in United States dollars— (A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof; (B) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or (C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2347](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2347&num=0&edition=prelim) et seq.] or to any high-income foreign country (as described in that chapter), only those additional costs that are incurred by the United States Government in furnishing such assistance. (2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense. **(b) Time of payment** Except as provided by subsection (d) of this section, payment shall

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2761 — Sales from stocks

Page 1207 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2761 State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under this section, see section 1(b) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637. § 2756. Foreign intimidation and harassment of individuals in United States No letters of offer may be issued, no credits or guarantees may be extended, and no export li- censes may be issued under this chapter with re- spect to any country determined by the Presi- dent to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. The President shall report any such determination promptly to the Speaker of the House of Rep- resentatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Rela- tions of the Senate. (Pub. L. 90–629, ch. 1, § 6, as added Pub. L. 97–113, title I, § 115, Dec. 29, 1981, 95 Stat. 1528; amended Pub. L. 113–276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2792 — Administrative expenses

**(a) Availability of funds** Funds made available under other law for the operations of United States Government agencies carrying out functions under this chapter shall be available for the administrative expenses incurred by such agencies under this chapter. **(b) Charges for administrative expenses and official reception and representation expenses** Charges for administrative services calculated under [section 2761(e)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/e/1/A&num=0&edition=prelim) shall include recovery of administrative expenses and official reception and representation expenses incurred by any department or agency of the United States Government, including any mission or group thereof, in carrying out functions under this chapter when— (1) such functions are primarily for the benefit of any foreign country; (2) such expenses are not directly and fully charged to, and reimbursed from amounts received for, sale of defense services under [section 2761(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a&num=0&edition=prelim); and (3) such expenses are neither salaries of the Armed Forces of the United States nor represent unfunded estimated costs of civilian retirement and other benefits. **(c) Limitations on funds used for official reception and representation expenses** Not more than $86,500 of the funds derived from charges for administrative services pursuant to [section 2761(e)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/e/1/A&num=0&edition=prelim) may be used each fiscal year for official reception and representation expenses.

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