Sec. 1252. Enactment of new chapter for defense security cooperation

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Part I of subtitle A of title 10, United States Code, is amended— by redesignating chapters 13, 15, 17, and 18 as chapters 12, 13, 14, and 15, respectively; by redesignating sections 261, 311, 312, 331, 332, 333, 334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, and 384 (as added by section 1006 of this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 261 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284, respectively; and by inserting after chapter 15, as redesignated by paragraph (1), the following new chapter:

Subchapter Sec. I. General Matters 301 II. Military-to-Military Engagements 311 III. Training With Foreign Forces 321 IV. Support for Operations and Capacity Building 331 V. Educational and Training Activities 341 VI. Limitations on Use of Department of Defense Funds 361 VII. Administrative and Miscellaneous Matters 381 Sec. 301. Definitions. In this chapter: The terms appropriate congressional committees and appropriate committees of Congress mean— the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

The term defense article means— any weapon, weapon system, munition, aircraft, boat, or other implement of war; any machinery, tool, material, supply, or other item necessary for the repair, servicing, operation, or use of any article listed in this paragraph; and any component or part of any article listed in this paragraph. The term defense service means any service, test, inspection, repair, training, publication, technical or other assistance related to a defense article.

The term incremental expenses , with respect to a foreign country— means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country's participation in activities authorized by this chapter; and does not include— any form of lethal assistance (excluding training ammunition); or pay, allowances, and other normal costs of the personnel of the country. The term security cooperation programs and activities of the Department of Defense means any program, activity (including an exercise), or interaction of the Department of Defense with the security establishment of a foreign country to achieve a purpose as follows:

To build relationships that promote specific United States security interests. To build and develop allied and friendly security capabilities for self-defense and multinational operations. To provide the armed forces with access to the foreign country during peacetime or a contingency operation. The term small-scale construction means construction at a cost not to exceed $750,000 for any project. The term training includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors, or technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces.

Sec. 311. Exchange of defense personnel between United States and friendly foreign countries: authority. 312. Payment of personnel expenses necessary for theater security cooperation. 313. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance. Sec. 321. Training with friendly foreign countries: payment of training and exercise expenses. Sec. 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. Sec. 341. Department of Defense State Partnership Program. 342. Regional centers for security studies. 343. Western Hemisphere Institute for Security Cooperation. 344. Participation in multinational military centers of excellence. 345. Defense Cooperation Fellowship Program. 346. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces. 347.

International engagement authorities for service academies. 348. Aviation Leadership Program. 349. Inter-American Air Force Academy. 350. Inter-European Air Force Academy. Sec. 361. Prohibition on providing financial assistance to terrorist countries. 362. Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights. Sec. 381. Security Cooperation Enhancement Fund. 382. Policy oversight and resource allocation; execution and administration of programs and activities. 383.

Annual assessment, monitoring, and evaluation of programs and activities. 384. Annual report. . Section 1051b of title 10, United States Code, is transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after the table of sections at the beginning of subchapter II of such chapter, and redesignated as section 313. Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after the table of sections at the beginning of subchapter IV a new section 332 consisting of— a heading as follows: ; and a text consisting of the text of subsections

(a)through

(d)of section 1081 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 168 note). Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 is repealed. Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after section 332, as added by subsection (c), the following new section: 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 conducting one or more of the following: Counterterrorism operations. Counter-weapons of mass destruction operations. Counter-illicit drug trafficking operations. Counter-transnational organized crime operations. Maritime and border security operations. Military intelligence operations in support of lawful military operations. Humanitarian and disaster assistance operations. Operations or activities that contribute to an international coalition operation that is determined by the Secretary to be in the national interest of the United States. National territorial defense of the foreign country concerned. The concurrence of the Secretary of State is required to conduct any program authorized by subsection (a). 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. A program under subsection

(a)may include the provision and sustainment of defense articles, training, defense services, supplies (including consumables), and small-scale construction. A program under subsection

(a)shall include elements that promote the following: Observance of and respect for the law of armed conflict, fundamental freedoms, and the rule of law. Respect for 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 is already undertaking, or will undertake as part of the program, human rights training that includes a comprehensive curriculum on human rights and the law of armed conflict to such national security forces. 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 is already undertaking, or will undertake as part of the program, a program of defense institution building with appropriate defense institutions of such foreign country that is complementary to the program with respect to such foreign country under subsection (a). The purpose of the program of defense institution building shall be to enhance the capacity of such foreign country to exercise responsible civilian control of the national security forces of such foreign country. 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. The provision of assistance pursuant to a program under subsection

(a)shall be subject to the provisions of section 362 of this title. 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 205 or 2016, for a period in excess of five years unless the Secretary provides to the congressional defense committees a written justification that the provision of such support for a period in excess of five years will enhance the security interests of the United States. 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 notice of the following: The foreign country, and specific unit, whose capacity to engage in activities specified in subsection

(a)will be built under the program. The cost, implementation timeline and delivery schedule for assistance under the program. 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. 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. A description of the elements of the theater security cooperation plan of the geographic combatant command concerned that will be advanced by the program. The Secretary of Defense shall, on a quarterly basis, submit to the appropriate committees of Congress a report setting forth, for the preceding calendar quarter, the following: Information, by recipient country, of the delivery and execution status of all defense articles, training, defense services, and small-scale construction under programs under subsection (a). Information on the timeliness of delivery of defense articles, defense services, and small-scale construction when compared with delivery schedules for such articles and construction previously provided to Congress. Information, by recipient country, on the status of funds allocated for programs under subsection (a), including amounts of unobligated funds, unliquidated obligations, and disbursements. 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, shall be derived from amounts available for such programs and purposes for such fiscal year in the Security Cooperation Enhancement Fund under section 381 of this title or as otherwise provided by law. In this section, the term national security forces , in the case of a foreign country, means the national military and national-level security forces of the foreign country that have among their functional responsibilities the operations and activities specified in subsection (a). . Amounts shall be available for fiscal year 2017 for programs and other purposes described in subsection

(g)of section 333 of title 10, United States Code, as added by paragraph (1), as follows: Amounts authorized to be appropriated by section 301 for operation and maintenance, Defense-wide, and available for such programs and purposes as specified in the funding table in section 4301. Amounts authorized to be appropriated by section 1504 for operation and maintenance, Defense-wide, for overseas contingency operations and available for such programs and purposes as specified in the funding table in section 4302. Amounts authorized to be appropriated by section 1510 for the Counterterrorism Partnerships Fund and available for such programs and purposes as specified in the funding table in section 4502. Of the amounts available for fiscal year 2017 pursuant to paragraph

(2)for programs and other purposes described in subsection

(g)of section 333 of title 10, United States Code, as so added, not more than 65 percent of such amounts may be used for such purposes under the guidance required by paragraph

(4)is submitted to the congressional defense committees as required by paragraph (4). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe, and submit to the congressional defense committees, policy guidance on roles, responsibilities, and processes in connection with programs and activities authorized by section 333 of title 10, United States Code, as so added. Effective as of the date that is 180 days after the date of the enactment of this Act, section 1004 of the National Defense Authorization Act for Fiscal Year 1991 ( 10 U.S.C. 374 note) is amended— in subsection (a)— in the matter preceding paragraph (1), by striking tribal, or foreign and inserting or tribal ; in paragraph (1), by adding or at the end; in paragraph (2), by striking ; or and inserting a period; and by striking paragraph (3); and in subsection (b)(4), by striking or for the purpose and all that follows and inserting a period. Effective as of the date that is 180 days after the date of the enactment of this Act, the following provisions of law are repealed: Section 2282 of title 10, United States Code. The following provisions of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ): Section 1203 (127 Stat. 894; 10 U.S.C. 2011 note). Section 1204 (127 Stat. 896; 10 U.S.C. 401 note). Section 1207 (127 Stat. 902; 22 U.S.C. 2151 note). Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 ( Public Law 105–85 ; 111 Stat. 1881). Effective as of the date that is 180 days after the date of the enactment of this Act, the table of sections at the beginning of chapter 136 of title 10, United States Code, is amended by striking the item relating to section 2282. Section 184 of title 10, United States Code, is transferred to chapter 16 of such title as added by subsection (a)(3), inserted after the table of sections at the beginning of subchapter V of such chapter, and redesignated as section 342. Section 342 of title 10, United States Code, as so transferred and redesignated, is amended— in subsection (a), by striking and exchange of ideas and inserting and training ; in subsection (b)— in paragraph (1)(B), by striking and exchange of ideas and inserting and training ; in paragraph (2)— in subparagraph (A), by striking European ; in subparagraph (B), by striking Asia-Pacific ; in subparagraph (C), by striking Hemispheric Defense and inserting Security ; and by striking subparagraphs

(D)and (E); and in paragraph (3), by striking , except as specifically provided by law after October 17, 2006 ; in subsection (c), by adding at the end the following new sentence: The regulations shall assign regional areas of focus to each Regional Center, and shall prioritize within their respective areas of focus the functional areas for engagement of territorial and maritime security, transnational and asymmetric threats, and defense sector governance. ; and in subsection (f)— in paragraph (3)— by inserting

(A)after

(3); and in subparagraph (A), as so designated, by striking civilian government officials and inserting personnel ; and by adding at the end the following new subparagraph: The Secretary of Defense may, with the concurrence of the Secretary of State, waive reimbursement otherwise required under this subsection of the costs of activities of the Regional Centers for personnel of nongovernmental and international organizations who participate in activities of the Regional Centers that enhance cooperation of nongovernmental organizations and international organizations with United States forces if the Secretary of Defense determines that attendance of such personnel without reimbursement is in the national security interests of the United States. The amount of reimbursement that may be waived under clause

(i)in any fiscal year may not exceed $1,000,000. ; and in paragraph (5), by striking under the Latin American cooperation authority and all that follows and inserting under section 312 of this title are also available for the costs of the operation of the Regional Centers. . Such section 342, as so transferred and redesignated, is further amended by adding at the end the following new subsections: The Secretary of Defense may authorize participation by a European or Eurasian country in programs of the George C. Marshall Center for Security Studies (in this subsection referred to as the Marshall Center ) if the Secretary determines, after consultation with the Secretary of State, that such participation is in the national interest of the United States. In the case of any person invited to serve without compensation on the Marshall Center Board of Visitors, the Secretary of Defense may waive any requirement for financial disclosure that would otherwise apply to that person solely by reason of service on such Board. A member of the Marshall Center Board of Visitors may not be required to register as an agent of a foreign government solely by reason of service as a member of the Board. Notwithstanding section 219 of title 18, a non-United States citizen may serve on the Marshall Center Board of Visitors even though registered as a foreign agent. The Secretary of Defense may waive reimbursement of the costs of conferences, seminars, courses of instruction, or similar educational activities of the Marshall Center for military officers and civilian officials from states located in Europe or the territory of the former Soviet Union if the Secretary determines that attendance by such personnel without reimbursement is in the national security interest of the United States. Costs for which reimbursement is waived pursuant to subparagraph

(A)shall be paid from appropriations available for the Center. The Secretary of Defense may waive reimbursement of the cost of conferences, seminars, courses of instruction, or similar educational activities of the Daniel K. Inouye Center for Security Studies for military officers and civilian officials of foreign countries if the Secretary determines that attendance by such personnel, without reimbursement, is in the national security interest of the United States. Costs for which reimbursement is waived pursuant to paragraph

(1)shall be paid from appropriations available for the Center. . The following provisions of law are repealed: Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 184 note). Section 1065 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 10 U.S.C. 113 note). Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2892). Section 8073 of the Department of Defense Appropriations Act, 2003 Public Law 107–248 (10 U.S.C. prec. 2161 note) Section 2166 of title 10, United States Code, is transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after section 342, as transferred and redesignated by subsection (e), and redesignated as section 343. Such section 343, as so transferred and redesignated, is amended by striking nations each place it appears in subsections

(b)and

(c)and inserting countries . Section 2350m of title 10, United States Code, is transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after section 343, as transferred and redesignated by subsection (f), and redesignated as section 344. Section 2249d of title 10, United States Code, is transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after section 344, as transferred and redesignated by subsection (g), and redesignated as section 346. Such section 346, as so transferred and redesignated, is amended— by striking nations in subsections

(a)and

(d)and inserting countries ; and by striking subsection (g). Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after section 346, as transferred and redesignated by subsection (h), the following new section: Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may carry out an Aviation Leadership Program to provide undergraduate pilot training and necessary related training to personnel of the air forces of friendly, developing foreign countries. Training under this section shall include language training and programs to promote better awareness and understanding of the democratic institutions and social framework of the United States. The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this section— transportation incident to the training; supplies and equipment to be used during the training; flight clothing and other special clothing required for the training; and billeting, food, and health services. The Secretary may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this section. The Secretary of the Air Force may pay to a person receiving training under this section a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances. . Chapter 905 of such title is repealed. Section 9415 of title 10, United States Code, is transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after section 348, as added by subsection (i), and redesignated as section 349. Such section 349, as so transferred and amended, is amended— by redesignating subsection

(b)as subsection (c); and by inserting after subsection

(a)the following new subsection (b): Military personnel of a foreign country may be provided education and training under this section only with the concurrence of the Secretary of State. Education and training may not be provided under this section to the military personnel of any country that is otherwise prohibited from receiving such type of assistance under any other provision of law. . Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after section 349, as transferred and redesignated by subsection (j), a new section 350 consisting of— a heading as follows: ; and a text consisting of the text of subsections

(a)through

(g)of section 1268 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3585; 10 U.S.C. 9411 note). Section 1268 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 is repealed. Sections 2249a and 2249e of title 10, United States Code, are transferred to chapter 16 of such title, as added by subsection (a)(3), inserted after the table of sections at the beginning of subchapter VI of such chapter, and redesignated as sections 361 and 362, respectively. Section 362 of title 10, United States Code, as transferred and redesignated by paragraph (1), is amended by striking subsection (f). Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after the table of sections at the beginning of subchapter VII the following new sections: The Secretary of Defense shall assign responsibility for the oversight of strategic policy and guidance and responsibility for overall resource allocation for security cooperation programs and activities of the Department of Defense to a single official and office in the Office of the Secretary of Defense at the level of Assistant Secretary of Defense or below. The Director of the Defense Security Cooperation Agency shall be responsible for the execution and administration of all security cooperation programs and activities of the Department of Defense involving the provision of defense articles, military training, and other defense-related services by grant, loan, cash sale, or lease. The Director may designate an element of an armed force or a combatant command to execute and administer security cooperation programs and activities described in paragraph

(1)if the Director determines that the designation will achieve maximum effectiveness, efficiency, and economy in the activities for which designated. The Secretary of Defense shall maintain a program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities of the Department of Defense. The program under subsection

(a)shall provide for the following: Initial assessments of partner capability requirements, potential programmatic risks, baseline information, and indicators of efficacy for purposes of planning, monitoring, and evaluation of security cooperation programs and activities of the Department of Defense. Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent possible, achievement of desired outcomes. Evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes. Identification of lessons learned in carrying out such programs and activities, and development of recommendation for improving future security cooperation programs and activities of the Department of Defense. The program shall be conducted in accordance with international best practices, interagency standards, and, if applicable, the Government Performance and Results Act of 1993 ( Public Law 103–62 ), and the amendments made by that Act, and the GPRA Modernization Act of 2010 ( Public Law 111–352 ), and the amendments made by that Act. The Secretary shall submit to the congressional defense committees each year a report on the program under subsection

(a)during the previous year. Each report shall include, for the year covered by such report, the following: A description of the activities under the program. An assessment of the efficacy of the activities under the program. The Secretary shall make available to the public, on an Internet website of the Department of Defense available to the public, a summary of each evaluation conducted pursuant to subsection (b)(1)(C). In making a summary so available, the Secretary may redact or omit any information that the Secretary determines should not be disclosed to the public in order to protect the interests of the United States or the foreign country or countries covered by such evaluation. . Title 10, United States Code, is amended as follows: The tables of chapters at the beginning of subtitle A, and at the beginning of part I of subtitle A, are amended— by revising the chapter references relating to chapters 13, 15, 17, and 18 (and the section references therein) to conform to the redesignations made by paragraphs

(1)and

(2)of subsection (a); and by inserting after the item relating to chapter 15, as revised pursuant to subparagraph (A), the following new item: 16. Security Cooperation 301 . The section references in the tables of sections at the beginning of chapters 12, 13, 14, and 15, as redesignated by paragraph

(1)of subsection (a), are revised to conform to the redesignations made by paragraph

(2)of such subsection. The table of sections at the beginning of chapter 7 is amended by striking the item relating to section 184. The table of sections at the beginning of chapter 53 is amended by striking the item relating to section 1051b. The table of sections at the beginning of chapter 108 is amended by striking the item relating to section 2166. The table of sections at the beginning of subchapter I of chapter 134 is amended by striking the items relating to sections 2249a, 2249d, and 2249e. The table of sections at the beginning of subchapter II of chapter 138 is amended by striking the item relating to section 2350m. The tables of chapters at the beginning of subtitle D, and at the beginning of part III of subtitle D, are amended by striking the item relating to chapter 905. The table of sections at the beginning of chapter 907 is amended by striking the item relating to section 9415.

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