- § 331. Friendly foreign countries: authority to provide support for conduct of operations
- § 332. Friendly foreign countries; international and regional organizations: defense institution capacity building
- § 333. Foreign security forces: authority to build capacity
- § 334. Administrative support and payment of certain expenses for covered foreign defense personnel
- § 335. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security
- [§ 336. Repealed.
§ 331. Friendly foreign countries: authority to provide support for conduct of operations
(a)Authority.—The Secretary of Defense may provide support to friendly foreign countries in connection with the conduct of operations designated pursuant to subsection (b).
(b)Designated Operations.—
(1)In general.—The Secretary of Defense shall designate the operations for which support may be provided under the authority in subsection (a).
(2)Notice to congress.—The Secretary shall notify the appropriate committees of Congress of the designation of any operation pursuant to this subsection.
(3)Annual review for continuing designation.—The Secretary shall undertake on an annual basis a review of the operations currently designated pursuant to this subsection in order to determine whether each such operation merits continuing designation for purposes of this section for another year. If the Secretary determines that any operation so reviewed merits continuing designation for purposes of this section for another year, the Secretary—
(A) may continue the designation of such operation under this subsection for such purposes for another year; and
(B) if the Secretary so continues the designation of such operation, shall notify the appropriate committees of Congress of the continuation of designation of such operation.
(c)Types of Support Authorized.—The types of support that may be provided under the authority in subsection (a) are the following:
(1) Logistic support, supplies, and services to security forces of a friendly foreign country participating in—
(A) an operation with the armed forces under the jurisdiction of the Secretary of Defense; or
(B) a military or stability operation that benefits the national security interests of the United States.
(2) Logistic support, supplies, and services—
(A) to military forces of a friendly foreign country solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in a combined operation with the United States in order to facilitate such operation; or
(B) to a nonmilitary logistics, security, or similar agency of a friendly foreign government if such provision would directly benefit the armed forces under the jurisdiction of the Secretary of Defense.
(3) Procurement of equipment for the purpose of the loan of such equipment to the military forces of a friendly foreign country participating in a United States-supported coalition or combined operation and the loan of such equipment to those forces to enhance capabilities or to increase interoperability with the armed forces under the jurisdiction of the Secretary of Defense and other coalition partners.
(4) Provision of specialized training to personnel of friendly foreign countries in connection with such an operation, including training of such personnel before deployment in connection with such operation.
(5) Small-scale construction to support military forces of a friendly foreign country participating in a United States-supported coalition or combined operation when the construction is directly linked to the ability of such forces to participate in such operation effectively and is limited to the geographic area where such operation is taking place. In the case of support provided under this paragraph that results in the provision of small-scale construction above $750,000, the notification pursuant to subsection (b)(2) shall include the location, project title, and cost of each such small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location.
(d)Certification Required.—
(1)Operations in which the united states is not participating.—The Secretary of Defense may provide support under subsection (a) to a friendly foreign country with respect to an operation in which the United States is not participating only—
(A) if the Secretary of Defense and the Secretary of State jointly certify to the appropriate committees of Congress that the operation is in the national security interests of the United States; and
(B) after the expiration of the 15-day period beginning on the date of such certification.
(2)Accompanying report.—Any certification under paragraph (1) shall be accompanied by a report that includes the following:
(A) A description of the operation, including the geographic area of the operation.
(B) A list of participating countries.
(C) A description of the type of support and the duration of support to be provided.
(D) A description of the national security interests of the United States supported by the operation.
(E) A description of each entity with which the applicable friendly foreign country is engaged in hostilities and whether each such entity is covered by an authorization for the use of military force.
(F) Such other matters as the Secretary of Defense and the Secretary of State consider significant to a consideration of such certification.
(e)Secretary of State Concurrence.—The provision of support under subsection (a) may be made only with the concurrence of the Secretary of State.
(f)Support Otherwise Prohibited by Law.—The Secretary of Defense may not use the authority in subsection (a) to provide any type of support described in subsection (c) that is otherwise prohibited by any provision of law.
(g)Limitations on Value.—
(1) The aggregate value of all logistic support, supplies, and services provided under paragraphs (1), (4), and (5) of subsection (c) in any fiscal year may not exceed $450,000,000.
(2) The aggregate value of all logistic support, supplies, and services provided under subsection (c)(2) in any fiscal year may not exceed $5,000,000.
(h)Logistic Support, Supplies, and Services Defined.—In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350(1) of this title.
(Added Pub. L. 109–364, div. A, title XII, § 1201(a), Oct. 17, 2006, 120 Stat. 2410, § 127c; renumbered § 127d, Pub. L. 110–181, div. A, title X, § 1063(a)(1)(A), Jan. 28, 2008, 122 Stat. 321; Pub. L. 111–383, div. A, title X, § 1075(b)(3), title XII, § 1202, Jan. 7, 2011, 124 Stat. 4369, 4385; renumbered § 331 and amended Pub. L. 114–328, div. A, title XII, § 1245(a), Dec. 23, 2016, 130 Stat. 2518; Pub. L. 115–232, div. A, title XII, § 1203(b), Aug. 13, 2018, 132 Stat. 2016; Pub. L. 117–263, div. A, title XII, § 1202(a), Dec. 23, 2022, 136 Stat. 2823.)
§ 332. Friendly foreign countries; international and regional organizations: defense institution capacity building
(a)Ministry of Defense Advisor Authority.—The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to assign civilian employees of the Department of Defense and members of the armed forces as advisors to the ministries of defense (or security agencies serving a similar defense function) of foreign countries or regional organizations with security missions in order to—
(1) provide institutional, ministerial-level advice, and other training to personnel of the ministry or regional organization to which assigned in support of stabilization or post-conflict activities; or
(2) assist such ministry or regional organization in building core institutional capacity, competencies, and capabilities to manage defense-related processes.
(b)Training of Personnel of Foreign Ministries With Security Missions.—
(1)In general.—The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to provide advisors or trainers to provide training and associated training support services to personnel of foreign ministries of defense (or ministries with security force oversight) or regional organizations with security missions—
(A) for the purpose of—
(i) enhancing civilian oversight of foreign security forces;
(ii) establishing responsible defense governance and internal controls in order to help build effective, transparent, and accountable defense institutions;
(iii) assessing organizational weaknesses and establishing a roadmap for addressing shortfalls; and
(iv) enhancing ministerial, general or joint staff, or service level core management competencies; and
(B) for such other purposes as the Secretary considers appropriate, consistent with the authority in subsection (a).
(2)Notice to congress.—Not later than February 1 of each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on activities under the program under paragraph (1) during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:
(A) A list of activities under the program.
(B) A list of any organization described in paragraph (1) to which the Secretary provided advisors or trainers under the program, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each advisor or trainer so provided, and a statement of the cost of each provision of such an advisor or trainer.
(C) A comprehensive justification of any activities conducted pursuant to paragraph (1)(B).
(c)Congressional Notice.—Not later than 15 days before assigning a civilian employee of the Department of Defense or a member of the armed forces as an advisor to a regional organization with a security mission under subsection (a), the Secretary shall submit to the appropriate committees of Congress a notification of such assignment. Such a notification shall include each of the following:
(1) A statement of the intent of the Secretary to assign the advisor or trainer to the regional organization.
(2) The name of the regional organization and the location and duration of the assignment.
(3) A description of the assignment, including a description of the training or assistance proposed to be provided to the regional organization, the justification for the assignment, a description of the unique capabilities the advisor or trainer can provide to the regional organization, and a description of how the assignment serves the national security interests of the United States.
(4) Any other information relating to the assignment that the Secretary of Defense considers appropriate.
(Added and amended Pub. L. 114–328, div. A, title XII, § 1241(c)(1), (2), Dec. 23, 2016, 130 Stat. 2500; Pub. L. 115–91, div. A, title XII, § 1204(a), Dec. 12, 2017, 131 Stat. 1642; Pub. L. 115–232, div. A, title XII, § 1202, Aug. 13, 2018, 132 Stat. 2016; Pub. L. 117–263, div. A, title XII, § 1202(b), Dec. 23, 2022, 136 Stat. 2823.)
§ 333. Foreign security forces: authority to build capacity
(a)Authority.—The Secretary of Defense is authorized to conduct or support a program or programs to provide training and equipment to the national security forces of one or more foreign countries for the purpose of building the capacity of such forces to conduct one or more of the following:
(1) Counterterrorism operations.
(2) Counter-weapons of mass destruction operations.
(3) Counter-illicit drug trafficking operations.
(4) Counter-transnational organized crime operations.
(5) Maritime and border security operations.
(6) Military intelligence operations.
(7) Air domain awareness operations.
(8) Operations or activities that contribute to an existing international coalition operation that is determined by the Secretary to be in the national interest of the United States.
(9) Cyberspace security and defensive cyberspace operations.
(b)Concurrence and Coordination With Secretary of State.—
(1)Concurrence in conduct of programs.—The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).
(2)Joint development and planning of programs.—The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). In developing and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary of Defense and Secretary of State should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impact the effectiveness of the program.
(3)Implementation of programs.—The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). The Secretary of Defense and the Secretary of State shall each designate an individual responsible for program coordination under this paragraph at the lowest appropriate level in the Department concerned.
(4)Coordination in preparation of certain notices.—Any notice required by this section to be submitted to the appropriate committees of Congress shall be prepared in coordination with the Secretary of State.
(c)Types of Capacity Building.—
(1)Authorized elements.—A program under subsection (a) may include the provision and sustainment of defense articles, training, defense services, supplies (including consumables), and small-scale construction supporting security cooperation programs under this section.
(2)Required elements.—A program under subsection (a) shall include elements that promote the following:
(A) Observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.
(B) Institutional capacity building.
(3)Observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.—In order to meet the requirement in paragraph (2)(A) with respect to particular national security forces under a program under subsection (a), the Secretary of Defense shall certify, prior to the initiation of the program, that the Department of Defense or the Department of State is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, training that includes a comprehensive curriculum on the law of armed conflict, human rights and fundamental freedoms, and the rule of law, and that enhances the capacity to exercise responsible civilian control of the military, as applicable, to such national security forces.
(4)Institutional capacity building.—In order to meet the requirement in paragraph (2)(B) with respect to a particular foreign country under a program under subsection (a), the Secretary shall certify, prior to the initiation of the program, that the Department of Defense or another department or agency is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, a program of institutional capacity building with appropriate institutions of such foreign country to enhance the capacity of such foreign country to organize, administer, employ, manage, maintain, sustain, or oversee the national security forces of such foreign country.
(d)Limitations.—
(1)Assistance otherwise prohibited by law.—The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law.
(2)Prohibition on assistance to units that have committed gross violations of human rights.—The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of this title.
(3)Duration of sustainment support.—Sustainment support may not be provided pursuant to a program under subsection (a), or for equipment previously provided by the Department of Defense under any authority available to the Secretary during fiscal year 2015 or 2016, for a period in excess of five years unless the notice on the program pursuant to subsection (e) includes the information specified in paragraph (7) of subsection (e).
(e)Notice and Wait on Activities Under Programs.—Not later than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a written and electronic notice of the following:
(1) The foreign country, and specific unit, whose capacity to engage in activities specified in subsection (a) will be built under the program, and the amount, type, and purpose of the support to be provided.
(2) A detailed evaluation of the capacity of the foreign country and unit to absorb the training or equipment to be provided under the program.
(3) The cost, implementation timeline, and delivery schedule for assistance under the program.
(4) A description of the arrangements, if any, for the sustainment of the program and the estimated cost and source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.
(5) Information, including the amount, type, and purpose, on the security assistance provided the foreign country during the three preceding fiscal years pursuant to authorities under this title, the Foreign Assistance Act of 1961, and any other train and equip authorities of the Department of Defense.
(6) A description of the elements of the theater security cooperation plan of the geographic combatant command concerned, and of the interagency integrated country strategy, that will be advanced by the program.
(7) In the case of a program described in subsection (d)(3), each of the following:
(A) A written justification that the provision of sustainment support described in that subsection for a period in excess of five years will enhance the security interest of the United States.
(B) To the extent practicable, a plan to transition such sustainment support from funding through the Department to funding through another security sector assistance program of the United States Government or funding through partner nations.
(8) In the case of activities under a program that results in the provision of small-scale construction above $750,000, the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location over the next 5 years.
(9) In the case of a program described in subsection (a), each of the following:
(A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.
(B) An identification of each such authority described in subparagraph (A).
(f)Semi-Annual Monitoring Reports.—The Director of the Defense Security Cooperation Agency shall, on a semi-annual basis, submit to the appropriate committees of Congress a report setting forth, for the preceding 180 days, the following:
(1) Information, by recipient country, of the delivery and execution status of all defense articles, training, defense services, supplies (including consumables), and small-scale construction under programs under subsection (a).
(2) Information on the timeliness of delivery of defense articles, defense services, supplies (including consumables), and small-scale construction when compared with delivery schedules for such articles, services, supplies, and construction previously provided to Congress.
(3) Information, by recipient country, on the status of funds allocated for programs under subsection (a), including amounts of unobligated funds, unliquidated obligations, and disbursements.
(g)Funding.—
(1)Sole source of funds.—Amounts for programs carried out pursuant to subsection (a) in a fiscal year, and for other purposes in connection with such programs as authorized by this section, may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for such programs and purposes.
(2)Availability of funds for programs across fiscal years.—
(A)In general.—Amounts available in a fiscal year to carry out the authority in subsection (a) may be used for programs under that authority that begin in such fiscal year and end not later than the end of the second fiscal year thereafter.
(B)Achievement of full operational capacity.—If, in accordance with subparagraph (A), equipment or training is delivered under a program under the authority in subsection (a) in the fiscal year after the fiscal year in which the program begins, amounts for defense articles, training, defense services, supplies (including consumables), and small-scale construction associated with such equipment or training and necessary to ensure that the recipient unit achieves full operational capability for such equipment or training may be used in the fiscal year in which the foreign country takes receipt of such equipment and in the next two fiscal years.
(h)Equipment Disposition; Notice and Wait.—
(1) The Secretary of Defense may treat as stocks of the Department of Defense—
(A) equipment procured to carry out a program pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such program or any other program carried out pursuant to such subsection; and
(B) equipment that has been transferred to a foreign country to carry out a program pursuant to subsection (a) and is returned by the foreign country to the United States.
(2)Notice and wait.—Not later than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a written and electronic notice of the following:
(A) The foreign country, and specific unit, whose capacity was intended to be built under the program, and the amount, type, and purpose of the equipment that was to be provided.
(B) An explanation why the equipment is no longer needed to support such program or another program carried out pursuant to such subsection.
(i)International Agreements.—
(1)In general.—The Secretary of Defense, with the concurrence of the Secretary of State, may—
(A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and
(B) enter into an agreement with a foreign country to provide such sole-source direction.
(2)Notification.—Not later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following:
(A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement.
(B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement.
(C) An assessment of the extent to which the equipment to be provided under the agreement—
(i) responds to the needs of the foreign country; and
(ii) can be sustained by the foreign country.
(D) A determination as to whether the anticipated costs to be incurred under the agreement are fair and reasonable.
(E) A certification that the agreement is in the national security interests of the United States.
(F) Any other matter relating to the agreement, as determined by the Secretary of Defense.
(Added Pub. L. 114–328, div. A, title XII, § 1241(d)(1), Dec. 23, 2016, 130 Stat. 2500; amended Pub. L. 115–91, div. A, title XII, § 1204(b), Dec. 12, 2017, 131 Stat. 1643; Pub. L. 115–232, div. A, title XII, §§ 1201, 1203(c), Aug. 13, 2018, 132 Stat. 2016; Pub. L. 116–92, div. A, title XII, § 1201, Dec. 20, 2019, 133 Stat. 1620; Pub. L. 116–283, div. A, title XII, § 1201, Jan. 1, 2021, 134 Stat. 3908; Pub. L. 117–263, div. A, title XII, § 1202(c), Dec. 23, 2022, 136 Stat. 2823; Pub. L. 118–31, div. A, title XII, § 1203(b), (c), Dec. 22, 2023, 137 Stat. 441, 442.)
§ 334. Administrative support and payment of certain expenses for covered foreign defense personnel
(a)In General.—The Secretary of Defense may—
(1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and
(2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are—
(A) from a developing country; and
(B) assigned to the headquarters of the United Nations Command.
(b)Types of Expenses.—The types of expenses that may be paid under the authority of subsection (a)(2) are the following:
(1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel.
(2) Personal expenses directly related to carrying out such duties.
(3) Expenses for medical care at a military medical facility.
(4) Expenses for medical care at a civilian medical facility, if—
(A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility;
(B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and
(C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement.
(5) Mission-related travel expenses, if—
(A) such travel is in direct support of the national interests of the United States; and
(B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations.
(c)Reimbursement.—The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement.
(d)Definitions.—In this section:
(1) The term “administrative services and support” means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services.
(2) The term “covered foreign defense personnel” means members of the military of a foreign country who are assigned to—
(A) the United Nations Command; or
(B) the Neutral Nations Supervisory Commission.
(3) The term “developing country” has the meaning given the term in section 301(4) of this title.
(4) The term “Neutral Nations Supervisory Commission” means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements.
(5) The term “United Nations Command” means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.
(Added Pub. L. 117–81, div. A, title XII, § 1201(a), Dec. 27, 2021, 135 Stat. 1957.)
§ 335. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security
(a)Authority.—The Secretary of Defense may pay the expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for participation in the training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security:
(1) Defense personnel of friendly foreign governments.
(2) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and nongovernmental personnel.
(b)Limitation.—
(1)In general.—Except as provided in paragraph (2), the authority provided in subsection (a) may only be used for the payment of such expenses of, and special compensation for, such personnel from developing countries.
(2)Exception.— The Secretary may authorize the payment of such expenses of, and special compensation for, such personnel from a country other than a developing country if the Secretary determines that such payment is—
(A) necessary to respond to extraordinary circumstances; and
(B) in the national security interest of the United States.
(Added Pub. L. 117–263, div. A, title XII, § 1201(a), Dec. 23, 2022, 136 Stat. 2822.)
[§ 336. Repealed. Pub. L. 96–513, title V, § 511(11)(B), Dec. 12, 1980, 94 Stat. 2921]