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

(a) Assignment of military personnel for performance of enumerated functions In order to carry out his responsibilities for the management of international security assistance programs conducted under this part, part V of this subchapter, and the Arms Export Control Act [ 22 U.S.C. 2751 et seq.], the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions: (1) equipment and services case management; (2) training management; (3) program monitoring; (4) evaluation and planning of the host government’s military capabilities and requirements; (5) administrative support; (6) promoting rationalization, standardization, interoperability, and other defense cooperation measures; and (7) liaison functions exclusive of advisory and training assistance. (b) Furnishing of advisory and training assistance Advisory and training assistance conducted by military personnel assigned under this section must 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 must 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 before 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 must 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 under 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 must 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 must 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.