Editorial Notes
CodificationText of section, as added by Puspan. L. 114–328, is based on text of subsecs. (a), (span), and (d) of section 1081 of Puspan. L. 112–81, div. A, title X, Dec. 31, 2011, 125 Stat. 1599, as amended, which was formerly set out as a note under section 168 of this title, prior to repeal by Puspan. L. 114–328, div. A, title XII, § 1241(c)(3), Dec. 23, 2016, 130 Stat. 2500.
Prior ProvisionsA prior section 332 was renumbered section 252 of this title.
Amendments2022—Subsec. (span)(2). Puspan. L. 117–263, in introductory provisions, substituted “Not later than February 1 of each year” for “Each fiscal year” and struck out “quarter” after “fiscal year” wherever appearing.
2018—Subsec. (span)(1). Puspan. L. 115–232, § 1202(1), substituted “provide advisors or trainers” for “assign civilian employees of the Department of Defense and members of the armed forces as advisors or trainers”.
Subsec. (span)(2)(B). Puspan. L. 115–232, § 1202(2)(C), which directed substitution of “each provision of such an advisor or trainer” for “each assignment”, was executed by making the substitution in both places it appeared, to reflect the probable intent of Congress.
Puspan. L. 115–232, § 1202(2)(A), (B), substituted “Secretary provided” for “Secretary assigned”, “number of such advisors or trainers so provided” for “number of such advisors or trainers so assigned”, and “each advisor or trainer so provided” for “each assigned advisor or trainer”.
2017—Subsec. (a). Puspan. L. 115–91, § 1204(a)(1), inserted “and members of the armed forces” after “civilian employees of the Department of Defense” in introductory provisions.
Subsec. (span)(1). Puspan. L. 115–91, § 1204(a)(2)(A), inserted “to assign civilian employees of the Department of Defense and members of the armed forces as advisors or trainers” after “carry out a program” in introductory provisions.
Subsec. (span)(2)(B). Puspan. L. 115–91, § 1204(a)(2)(B), substituted “advisors or trainers” for “employees” in two places and “the activities of each assigned advisor or trainer” for “each assigned employee’s activities”.
Subsec. (c). Puspan. L. 115–91, § 1204(a)(3)(A), inserted “or a member of the armed forces” after “a civilian employee of the Department of Defense” in introductory provisions.
Subsec. (c)(1). Puspan. L. 115–91, § 1204(a)(3)(B), substituted “advisor or trainer” for “employee as an advisor”.
Subsec. (c)(3). Puspan. L. 115–91, § 1204(a)(3)(C), substituted “advisor or trainer” for “employee”.
2016—Subsecs. (c), (d). Puspan. L. 114–328, § 1241(c)(2), redesignated subsec. (d) as (c).
Statutory Notes and Related Subsidiaries
Legal Institutional Capacity Building Initiative for Foreign Defense InstitutionsPuspan. L. 116–92, div. A, title XII, § 1210, Dec. 20, 2019, 133 Stat. 1625, as amended by Puspan. L. 118–31, div. A, title XII, § 1208, Dec. 22, 2023, 137 Stat. 449, provided that:“(a)Initiative.—The Secretary of Defense may carry out, in accordance with section 332 of title 10, United States Code, an initiative of legal institutional capacity building in collaboration with the appropriate ministry of defense (or security agency serving a similar defense function) legal institutions that support the efforts of one or more foreign countries to establish or improve legal institutional capacity.
“(span)Purpose.—The purpose of the initiative under subsection (a) is to enhance, through advisory services, training, or related training support services, as appropriate, the legal institutional capacity of the applicable foreign country to do the following:“(1) Integrate legal matters into the authority, doctrine, and policies of the ministry of defense (or security agency serving a similar defense function) and forces of such country.
“(2) Provide appropriate legal support to commanders conducting defense and national security operations.
“(3) With respect to defense and national security law, institutionalize education, training, and professional development for personnel and forces, including uniformed lawyers, officers, noncommissioned officers, and civilian lawyers and leadership within such ministries of defense (and security agencies serving a similar defense function).
“(4) Establish a military justice system that is objective, transparent, and impartial.
“(5) Conduct effective and transparent command and administrative investigations.
“(6) Build the legal capacity of the forces and civilian personnel of ministries of defense (and security agencies serving a similar defense function) to provide equitable, transparent, and accountable institutions and provide for anti-corruption measures within such institutions.
“(7) Build capacity—“(A) to provide for the protection of civilians consistent with the law of armed conflict and human rights law; and
“(B) to investigate incidents of civilian casualties.
“(8) Promote understanding and observance of—“(A) the law of armed conflict;
“(B) human rights and fundamental freedoms;
“(C) the rule of law; and
“(D) civilian control of the military.
“(9) Establish mechanisms for effective civilian oversight of defense and national security legal institutions and legal matters.
“(c)Elements.—The initiative under subsection (a) shall include the following elements:“(1) A measure for monitoring the implementation of the initiative and evaluating the efficiency and effectiveness of the initiative, in accordance with section 383 of title 10, United States Code.
“(2) An assessment of the organizational weaknesses for legal institutional capacity building of the applicable foreign country, including baseline information, an assessment of gaps in the capability and capacity of the appropriate institutions of such country, and any other indicator of efficacy, in accordance with section 383 of title 10, United States Code.
“(3) An engagement plan for building legal institutional capacity that addresses the weaknesses identified under paragraph (2), including objectives, milestones, and a timeline.
“(d)Reports.—“(1)In general.—Beginning in fiscal year 2020 through the fiscal year in which the initiative under subsection (a) terminates, the Secretary of Defense shall submit to the appropriate committees of Congress an annual report on the legal institutional capacity building activities carried out under this section.
“(2)Integration into other capacity building reports.—The report submitted under paragraph (1) for a fiscal year shall be integrated into the report required pursuant to subsection (span)(2) of section 332 of title 10, United States Code, for the fourth fiscal year quarter of such fiscal year.
“(3)Matters to be included.—Each report submitted under paragraph (1) shall include the following:“(A) The same information required under subsection (span)(2) of section 332 of title 10, United States Code.
“(B) The names of the one or more countries in which the initiative was conducted.
“(C) For each such country—“(i) the purpose of the initiative;
“(ii) the objectives, milestones, and timeline of the initiative;
“(iii) the number and type of advisors assigned and deployed to the country, as applicable; and
“(iv) an assessment of the progress of the implementation of the initiative.
“(e)Sunset.—The initiative under subsection (a) shall terminate on December 31, 2028.
“(f)Funding.—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.”
