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 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 re- ports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Af- fairs of the House of Representatives, 30 days prior to the introduction of the additional mili- tary personnel, that United States national in- terests 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 para- graph. Pakistan, Tunisia, El Salvador, Hon- duras, Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military per- sonnel strengths larger than six under this sec- tion to carry out international security assist- ance 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 coun- try in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives are notified 30 days in advance of the introduction of the additional military per- sonnel. (d) Costs Effective October 1, 1989, the entire costs (ex- cluding salaries of the United States military personnel other than the Coast Guard) of over- seas management of international security as- sistance programs under this section shall be charged to or reimbursed from funds made avail- able 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 per- sonnel 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 mili- tary 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 appro- priate official of the executive branch. (Pub. L. 87–195, pt. II, § 515, as added Pub. L. 93–559, § 16, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94–329, title I, § 104, June 30, 1976, 90 Stat. 731; Pub. L. 95–92, § 7(a), Aug. 4, 1977, 91 Stat. 615; Pub. L. 95–384, § 9, Sept. 26, 1978, 92 Stat. 732; Pub. L. 96–92, § 7, Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title I, § 114, Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97–113, title I, § 112, Dec. 29, 1981, 95 Stat. 1527; Pub. L. 99–83, title I, § 125, Aug. 8, 1985, 99 Stat. 205; Pub. L. 100–690, title IV, § 4305(a), Nov. 18, 1988, 102 Stat. 4273; Pub. L. 101–165, title IX, § 9104(a), Nov. 21, 1989, 103 Stat. 1152; Pub. L. 101–167, title III, Nov. 21, 1989, 103 Stat. 1213; Pub. L. 102–391, title V, § 556(c), Oct. 6, 1992, 106 Stat. 1675; Pub. L. 104–164, title I, § 143, July 21, 1996, 110 Stat. 1434.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsecs. (a) and (d), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, 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 sec- tion 2751 of this title and Tables. Page 796 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321i AMENDMENTS 1996—Subsec. (a)(6). Pub. L. 104–164 struck out ‘‘among members of the North Atlantic Treaty Organi- zation and with the Armed Forces of Japan, Australia, and New Zealand’’ after ‘‘defense cooperation meas- ures’’. 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 per- sonnel)’’, to reflect the probable intent of Congress. 1989—Subsec. (d). Pub. L. 101–167 inserted ‘‘or the Arms Export Control Act’’ after ‘‘this part’’. Pub. L. 101–165 changed effective date from Oct. 1, 1982, to Oct. 1, 1989, and provided that costs would ex- clude rather than include salaries of U.S. military per- sonnel. 1988—Subsec. (c)(1). Pub. L. 100–690 inserted ‘‘Colom- bia,’’ after ‘‘Honduras,’’. 1985—Subsec. (c)(1). Pub. L. 99–83 substituted ‘‘Paki- stan, Tunisia, El Salvador, Honduras’’ for ‘‘For the fis- cal 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 provi- sion 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 func- tions designed to bring about standardization of mili- tary operation and procedures between United States forces and defense treaty allies. Subsec. (b). Pub. L. 97–113 substituted provision di- recting that advisory and training assistance con- ducted by military personnel assigned under this sec- tion be kept to an absolute minimum for provision au- thorizing 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, Mo- rocco, Egypt, and Saudi Arabia to perform logistics management, transportation, fiscal management, and contract administration of country programs, des- ignated 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 desig- nating the maximum number of personnel assignable, waiver of this limitation, and the procedures applicable for provision relating to assignment of military per- sonnel to countries not specified in former subsec. (b) of this section for performance of accounting and other management functions, the maximum number assign- able, and an exception to that number if the Chief of the Diplomatic Mission so requests. Subsec. (d). Pub. L. 97–113 substituted provision di- recting that, effective Oct. 1, 1982, the entire costs of overseas management of international security assist- ance 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 sec- tions 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 ex- ceed 790. Subsec. (e). Pub. L. 97–113 substituted ‘‘under this sec- tion’’ 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 man- agement functions by defense attache´’s if that Presi- dent 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 man- agement 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 limita- tions of former subsecs. (b), (c), and (d) of this section not apply to Armed Forces members performing serv- ices 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 coun- tries eligible for such programs Iran and Kuwait. Subsec. (b)(3). Pub. L. 96–533, § 114(2), substituted ‘‘as- signed to Saudi Arabia’’ for ‘‘assigned to Iran, Kuwait, and Saudi Arabia’’, ‘‘assigned to such country’’ for ‘‘as- signed to such countries’’ and ‘‘assigned to such coun- try exceeds’’ for ‘‘assigned to each such country ex- ceeds’’. Subsec. (f). Pub. L. 96–533, § 114(3), substituted ‘‘may not exceed six more than the number of defense attache´s’’ for ‘‘may not exceed the number of defense attache´s’’ 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 coun- tries’’. 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 ‘‘Decem- ber 31, 1978’’ for ‘‘December 31, 1977’’. 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 reimburs- able 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 ‘‘Decem- ber 31, 1977, except that the President may assign an aggregate total of not to exceed eight additional de- fense attache´s to such countries in order to perform overseas management functions under this subsection’’ for ‘‘December 31, 1976’’. 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 re- quirement, for provisions authorizing deductions of ex- penditures 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 re- ceipts. Subsec. (b). Pub. L. 95–92 substituted provisions relat- ing to assignment of military personnel to specified countries by President for implementation of manage- ment responsibilities during fiscal year 1978 under international security assistance programs, for provi- sions requiring specific Congressional authority for as- signment 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. Page 797 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2321j 1 So in original. Probably should be ‘‘four-year period’’. Subsec. (c). Pub. L. 95–92 substituted provisions relat- ing to assignment of military personnel to nonspecified countries by President for performance of accounting and other management functions under international security assistance programs, for provisions limiting after Sept. 30, 1976, the number of military missions and groups to not more than 34. Subsec. (d). Pub. L. 95–92 substituted provisions set- ting forth maximum number of military personnel as- signable 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 per- forming 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 ‘‘Dur- ing the period beginning July 1, 1976, and ending Sep- tember 30, 1977’’ for ‘‘Effective July 1, 1976’’. Subsecs. (b) to (d). Pub. L. 94–329, § 104(2), added sub- secs. (b) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, 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, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2321j. Authority to transfer excess defense arti- cles (a) Authorization The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presen- tation documents for military assistance pro- grams, or for programs under part VIII of sub- chapter I of this chapter, submitted under sec- tion 2394 of this title, or for which receipt of such articles was separately justified to the Congress, for the fiscal year in which the trans- fer is authorized. (b) Limitations on transfers (1) The President may transfer excess defense articles under this section only if— (A) such articles are drawn from existing stocks of the Department of Defense; (B) funds available to the Department of De- fense for the procurement of defense equip- ment are not expended in connection with the transfer; (C) the transfer of such articles will not have an adverse impact on the military readiness of the United States; (D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential pro- ceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis; (E) the President determines that the trans- fer of such articles will not have an adverse impact on the national technology and indus- trial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and (F) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section 2373 of this title. (2) Accordingly, for the four-year period begin- ning on October 1, 1996, and thereafter for the four-period 1 beginning on October 1, 2000, the President shall ensure that excess defense arti- cles offered to Greece and Turkey under this section will be made available consistent with the manner in which the President made avail- able such excess defense articles during the four- year period that began on October 1, 1992, pursu- ant to section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appro- priations Act, 1990. (c) Terms of transfers (1) No cost to recipient country Excess defense articles may be transferred under this section without cost to the recipi- ent country. (2) Priority Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO, to major non-NATO allies on such southern and southeastern flank, to Taiwan, and to the Philippines shall be given priority to the max- imum extent feasible over the delivery of such excess defense articles to other countries. (d) Waiver of requirement for reimbursement of Department of Defense expenses Section 2392(d) of this title shall not apply with respect to transfers of excess defense arti- cles (including transportation and related costs) under this section. (e) Transportation and related costs (1) In general Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, han- dling, and transportation of excess defense ar- ticles transferred under the authority of this section. (2) Exception The President may provide for the transpor- tation of excess defense articles without