Sec. 1256. Transfer and revision of authority to provide operational support to forces of friendly foreign countries
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Section 127d of title 10, United States Code, is transferred to chapter 16 of such title, as added by section 1252(a)(3) of this Act, inserted after the table of sections at the beginning of subchapter IV, redesignated as section 331, and amended to read as follows: The Secretary of Defense may provide support to friendly foreign countries in connection with the conduct of operations designated pursuant to subsection (b). The Secretary of Defense shall designate the operations for which support may be provided under the authority in subsection (a).
The Secretary shall notify the appropriate committees of Congress of the designation of any operation pursuant to this subsection. 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— may continue the designation of such operation under this subsection for such purposes for another year; and 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.
The types of support that may be provided under the authority in subsection
(a)are the following: Logistic support, supplies, and services to security forces of a friendly foreign country participating in— an operation with the armed forces under the jurisdiction of the Secretary of Defense; or a military or stability operation that benefits the national security interests of the United States. Logistic support, supplies, and services— 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 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. 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. 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. 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— if the Secretary of Defense and the Secretary of State jointly certify to Congress that the operation is in the national security interests of the United States; and after the expiration of the 15-day period beginning on the date of such certification. Any certification under paragraph
(1)shall be accompanied by a report that includes the following: A description of the operation, including the geographic area of the operation. A list of participating countries. A description of the type of support and the duration of support to be provided. A description of the national security interests of the United States supported by the operation. Such other matters as the Secretary of Defense and the Secretary of State consider significant to a consideration of such certification. The provision of support under subsection
(a)may be made only with the concurrence of the Secretary of State. 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. The aggregate value of all logistic support, supplies, and services provided under subsection (b)(1) in any fiscal year may not exceed $450,000,000. The aggregate value of all logistic support, supplies, and services provided under subsection (b)(2) in any fiscal year may not exceed $5,000,000. In this section, the term logistic support, supplies, and services has the meaning given that term in section 2350(1) of this title. . The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 127d.