Sec. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY COOPERATION

7,122 words·~32 min read·/statute-compilations/comps-13740/sec-1241

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1241 ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY COOPERATION ###

(a)Statutory Reorganization Part I of subtitle A of title 10, United States Code, is amended— ####

(1)**[**[10 U.S.C. 311](/us/usc/t10/s311)**]** by redesignating chapters 13, 15, 17, and 18 as chapters 12, 13, 14, and 15, respectively; ####

(2)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 1011 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 ####

(3)by inserting after chapter 15, as redesignated by paragraph (1), the following new chapter: > > ## “CHAPTER 16 SECURITY COOPERATION > > > ### “Subchapter I GENERAL MATTERS > > > ## “SEC. 301 Definitions > > “In this chapter: > > > #### “(1) > > The terms ‘**appropriate congressional committees**’ and ‘**appropriate committees of Congress**’ mean— > > > ##### “(A) > > the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and > > > ##### “(B) > > the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. > > > #### “(2) > > The term ‘**defense article**’ has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403). > > > #### “(3) > > The term ‘**defense service**’ has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403). > > > #### “(4) > > The term ‘**developing country**’ has the meaning prescribed by the Secretary of Defense for purposes of this chapter in accordance with section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017. > > > #### “(5) > > The term ‘**incremental expenses**’, with respect to a foreign country— > > > ##### “(A) > > 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 > > > ##### “(B) > > does not include— > > > ###### “(i) > > any form of lethal assistance (excluding training ammunition); or > > > ###### “(ii) > > pay, allowances, and other normal costs of the personnel of the country. > > > #### “(6) > > The term ‘**national security forces**’, in the case of a foreign country, means the following: > > > ##### “(A) > > National military and national-level security forces of the foreign country that have the functional responsibilities for which training is authorized in section 333(a) of this title. > > > ##### “(B) > > With respect to operations referred to in section 333(a)(2) of this title, military and civilian first responders of the foreign country at the national or local level that have such operations among their functional responsibilities. > > > #### “(7) > > 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: > > > ##### “(A) > > To build and develop allied and friendly security capabilities for self-defense and multinational operations. > > > ##### “(B) > > To provide the armed forces with access to the foreign country during peacetime or a contingency operation. > > > ##### “(C) > > To build relationships that promote specific United States security interests. > > > #### “(8) > > The term ‘**small-scale construction**’ means construction at a cost not to exceed $750,000 for any project. > > > #### “(9) > > The term ‘**training**’ has the meaning given the term ‘**military education and training**’ in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403). > > > ### “Subchapter II MILITARY-TO-MILITARY ENGAGEMENTS > . ###

(b)Transfer of Section 1051b 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. ###

(c)Codification of Section 1081 of FY 2012 NDAA ####

(1)Codification 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)**[**[10 U.S.C. 332 note](/us/usc/t10/s332)**]** a heading as follows: > > ## “SEC. 332 Friendly foreign countries; international and regional organizations: defense institution capacity building” > ; and #####

(B)a text consisting of the text of subsections (a), (b), and

(d)of section 1081 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 168 note). ####

(2)Conforming amendment Section 332 of title 10, United States Code, as so amended, is further amended by redesignating subsection

(d)as subsection (c). ####

(3)Conforming repeal **[**[10 U.S.C. 168 note](/us/usc/t10/s168)**]** Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 is repealed. ###

(d)Superseding Authority To Train and Equip Foreign Security Forces ####

(1)Superseding authority 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: > > ## “SEC. 333 Foreign security forces: authority to build capacity > > **[**[10 U.S.C. 333 note](/us/usc/t10/s333)**]** > > > ### “(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) > > 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. > > > ### “(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). > > > #### “(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. > > > #### “(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, and the rule of law. > > > ##### “(B) > > Respect for civilian control of the military. > > > #### “(3) Human rights training > > 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 security sector assistance provided to the foreign country concerned, human rights training that includes a comprehensive curriculum on human rights and the law of armed conflict, 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 is already undertaking, or will undertake as part of the program, a program of institutional capacity building with appropriate 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 institutional capacity 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. > > > ### “(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. > > > ### “(f) Quarterly Monitoring Reports > > The Director of the Defense Security Cooperation Agency shall, on a quarterly basis, submit to the appropriate committees of Congress a report setting forth, for the preceding calendar quarter, 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.” > . ####

(2)Funding for fiscal year 2017 Amounts may 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: #####

(A)Amounts authorized to be appropriated by section 301 for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for such programs and purposes as specified in the funding table in section 4301. #####

(B)Amounts authorized to be appropriated by section 1407 for Drug Interdiction and Counter-Drug Activities, Defense-Wide, as specified in the funding table in section 4501. #####

(C)Amounts authorized to be appropriated by section 1504 for operation and maintenance, Defense-wide, for overseas contingency operations and available for the Defense Security Cooperation Agency for such programs and purposes as specified in the funding table in section 4302. #####

(D)Amounts authorized to be appropriated by section 1504 for operation and maintenance, Defense-wide, for overseas contingency operations and available for the Counter Islamic State of Iraq and the Levant Fund as specified in the funding table in section 4302, which amounts may be available for such programs and other purposes with respect to a country other than Iraq or Syria if— ######

(i)such programs and other purposes are for the purpose of countering the Islamic State of Iraq and the Levant; and ######

(ii)notice on the use of such amounts for such programs and other purposes is provided to Congress in accordance with subsection

(e)of section 333 of title 10, United States Code, as so added. #####

(E)Amounts authorized to be appropriated by section 1507 for Drug Interdiction and Counter-Drug Activities, Defense-Wide, for overseas contingency operations as specified in the funding table in section 4502 or 4503. #####

(F)Amounts available for fiscal years before fiscal year 2017 for the Counterterrorism Partnerships Fund that remain available for obligation in fiscal year 2017. ####

(3)Limitation on availability of funds for fiscal year 2017 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 until the guidance required by paragraph

(4)is submitted to the congressional defense committees as required by paragraph (4). ####

(4)Guidance 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, initial 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. Not later than 270 days after the date of the enactment of this Act, the Secretary shall prescribe, and submit to the congressional defense committees, final policy guidance on roles, responsibilities, and processes in connection with such programs and activities. ####

(5)Conforming repeals **[**[10 U.S.C. 2282 note](/us/usc/t10/s2282)**]** Effective as of the date that is 270 days after the date of the enactment of this Act, the following provisions of law are repealed: #####

(A)Section 2282 of title 10, United States Code. #####

(B)The following provisions of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66): ######

(i)Section 1204 (127 Stat. 896; 10 U.S.C. 401 note). ######

(ii)Section 1207 (127 Stat. 902; 22 U.S.C. 2151 note). #####

(C)Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881). ####

(6)Clerical amendment **[**[10 U.S.C. 2281](/us/usc/t10/s2281)**]** Effective as of the date that is 270 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. ###

(e)Transfer and Modification of Section 184 and Codification of Related Provisions ####

(1)Transfer and redesignation 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. ####

(2)Modification of authorities and codification of reimbursement-related provisions Section 342 of title 10, United States Code, as so transferred and redesignated, is amended— #####

(A)in subsection (a), by striking “and exchange of ideas” and inserting “exchange of ideas, and training”; #####

(B)in subsection (b)— ######

(i)in paragraph (1)(B), by striking “and exchange of ideas” and inserting “exchange of ideas, and training”; and ######

(ii)in paragraph (3), by striking “, except as specifically provided by law after October 17, 2006”; #####

(C)in subsection (c), by adding at the end the following new sentence: “The regulations shall prioritize within the respective areas of focus of each Regional Center the functional areas for engagement of territorial and maritime security, transnational and asymmetric threats, and defense sector governance.”; and #####

(D)in subsection (f)— ######

(i)in paragraph (3)— ######

(I)by inserting “(A)” after “(3)”; ######

(II)in subparagraph (A), as so designated, by striking “civilian government officials” and inserting “personnel”; and ######

(III)by adding at the end the following new subparagraph: > > ##### “(B) > > > ######

(i)> > 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 interest of the United States. > > > ###### “(ii) > > The amount of reimbursement that may be waived under clause

(i)in any fiscal year may not exceed $1,000,000.” > ; and ######

(ii)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.”. ####

(3)Codification of provisions relating to specific centers Such section 342, as so transferred and redesignated, is further amended by adding at the end the following new subsections: > > ### “(h) Authorities Specific to Marshall Center > > > ####

(1)> > 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. > > > #### “(2) > > > #####

(A)> > 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. > > > ##### “(B) > > 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. > > > ##### “(C) > > 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. > > > #### “(3) > > > #####

(A)> > 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. > > > ##### “(B) > > Costs for which reimbursement is waived pursuant to subparagraph

(A)shall be paid from appropriations available for the Center. > > > ### “(i) Authorities Specific to Inouye Center > > > ####

(1)> > 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. > > > #### “(2) > > Costs for which reimbursement is waived pursuant to paragraph

(1)shall be paid from appropriations available for the Center.” > . ####

(4)Annual review of program structure and programs of centers Such section 342, as amended by this subsection, is further amended by adding at the end the following new subsection: > > ### “(j) Annual Review of Program Structure and Programs of Centers > > > ####

(1)> > The Secretary shall on an annual basis review the program and structure of each Regional Center in order to determine whether such Regional Center is appropriately aligned with the strategic priorities of the Department of Defense and the applicable geographic combatant commands. > > > #### “(2) > > The Secretary may revise the program, structure, or both of a Regional Center following an annual review under paragraph

(1)in order to more appropriately align the Regional Center with strategic priorities and the geographic combatant commands as described in that paragraph..” > . ####

(5)Repeal of codified provisions The following provisions of law are repealed: #####

(A)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). #####

(B)Section 1065 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 113 note). #####

(C)Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892). #####

(D)Section 8073 of the Department of Defense Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C. prec. 2161 note). ###

(f)Transfer of Section 2166 ####

(1)Transfer and redesignation 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. ####

(2)Conforming stylistic amendments 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”. ###

(g)Transfer of Section 2350m ####

(1)Transfer and redesignation 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. ####

(2)Conforming amendments Such section 344, as so transferred and redesignated, is amended— #####

(A)by striking subsection (e); and #####

(B)by redesignating subsection

(f)as subsection (e). ###

(h)Transfer of Section 2249d ####

(1)Transfer and redesignation 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. ####

(2)Conforming and stylistic amendments Such section 346, as so transferred and redesignated, is amended— #####

(A)by striking “nations” in subsections

(a)and

(d)and inserting “countries”; and #####

(B)by striking subsections

(f)and (g). ###

(i)Reenactment of Chapter 905 ####

(1)Consolidation of sections 9381, 9382, and 9383 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: > > ## “SEC. 348 Aviation Leadership Program > > **[**[10 U.S.C. 348 note](/us/usc/t10/s348)**]** > > > ### “(a) In General > > 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. > > > ### “(b) Supplies and Clothing > > > ####

(1)> > The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this section— > > > ##### “(A) > > transportation incident to the training; > > > ##### “(B) > > supplies and equipment to be used during the training; > > > ##### “(C) > > flight clothing and other special clothing required for the training; and > > > ##### “(D) > > billeting, food, and health services. > > > #### “(2) > > 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. > > > ### “(c) Allowances > > 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.” > . ####

(2)Conforming repeal **[**[10 U.S.C. 9381](/us/usc/t10/s9381)**]** Chapter 905 of such title is repealed. ###

(j)Transfer of Section 9415 ####

(1)In general 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. ####

(2)Conforming amendment for standardization with certain other air forces academy authority Such section 349, as so transferred and amended, is amended— #####

(A)by redesignating subsection

(b)as subsection (c); and #####

(B)by inserting after subsection

(a)the following new subsection (b): > > ### “(b) Limitations > > > #### “(1) Concurrence of secretary of state > > Military personnel of a foreign country may be provided education and training under this section only with the concurrence of the Secretary of State. > > > #### “(2) Assistance otherwise prohibited by law > > 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.” > . ###

(k)Codification of Section 1268 of FY 2015 NDAA ####

(1)Codification 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)**[**[10 U.S.C. 350](/us/usc/t10/s350)**]** a heading as follows: > > ## “SEC. 350 Inter-European Air Forces Academy” > ; and #####

(B)a text consisting of the text of subsections

(a)through

(f)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). ####

(2)Conforming repeal **[**[10 U.S.C. 9411 note](/us/usc/t10/s9411)**]** Section 1268 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is repealed. ###

(l)Transfer of Sections 2249a and 2249e ####

(1)Transfer and redesignation 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. ####

(2)Conforming repeal relating to superseded definition of congressional committees Section 362 of such title, as transferred and redesignated by paragraph (1), is amended by striking subsection (f). ###

(m)Administrative Matters 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: > > ## “SEC. 382 Execution and administration of programs and activities > > **[**[10 U.S.C. 382 note](/us/usc/t10/s382)**]** > > > ### “(a) Policy Oversight and Resource Allocation > > 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 Under Secretary of Defense or below. > > > ### “(b) Execution and Administration of Certain Programs and Activities > > > #### “(1) In general > > 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. > > > #### “(2) Designation of responsibility > > The Director may designate an element of an armed force, combatant command, Defense Agency, Department of Defense Field Activity, or other element or organization of the Department of Defense 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. > > > ### “(c) Availability of Funds > > > #### “(1) In general > > Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to implement security cooperation programs and activities of the Department of Defense authorized by this chapter. > > > #### “(2) Budget justification > > Funds necessary for implementing security cooperation programs and activities of the Department of Defense under this chapter for a fiscal year shall be identified, with appropriate justification, in the consolidated budget for such fiscal year required by section 381 of this title. > > > ## “SEC. 383 Assessment, monitoring, and evaluation of programs and activities > > **[**[10 U.S.C. 383 note](/us/usc/t10/s383)**]** > > > ### “(a) Program Required > > 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. > > > ### “(b) Program Elements and Requirements > > > #### “(1) Elements > > The program under subsection

(a)shall provide for the following: > > > ##### “(A) > > 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. > > > ##### “(B) > > Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent possible, achievement of desired outcomes. > > > ##### “(C) > > Evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes. > > > ##### “(D) > > 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. > > > #### “(2) Best practices > > 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. > > > ### “(c) Availability of Funds > > > #### “(1) In general > > Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to carry out the program required by subsection (a). > > > #### “(2) Budget justification > > Funds described in paragraph

(1)for a fiscal year shall be identified, with appropriate justification, in the consolidated budget for such fiscal year required by section 381 of this title. > > > ### “(d) Reports > > > #### “(1) Reports to congress > > 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) > > A description of the activities under the program. > > > ##### “(B) > > An evaluation of the lessons learned and best practices identified through activities under the program. > > > #### “(2) Information for the public on evaluations > > 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 interest of the United States or the foreign country or countries covered by such evaluation. > > > ## “SEC. 385 Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives > > **[**[10 U.S.C. 385 note](/us/usc/t10/s385)**]** > > > ### “(a) Support Authorized > > Subject to subsection (c), the Secretary of Defense is authorized to support other departments and agencies of the United States Government for the purpose of implementing or supporting foreign assistance programs and activities described in subsection

(b)that advance security cooperation objectives of the Department of Defense. > > > ### “(b) Foreign Assistance Programs and Activities > > The foreign assistance programs and activities described in this subsection are foreign assistance programs and activities that— > > > #### “(1) > > are necessary for the effectiveness of one or more programs of the Department of Defense relating to security cooperation conducted pursuant to an authority in this chapter; and > > > #### “(2) > > cannot be carried out by the Department. > > > ### “(c) Annual Limitation on Amount of Support > > The amount of support provided pursuant to subsection

(a)in any fiscal year may not exceed $75,000,000. > > > ### “(d) Notice and Wait > > If a determination is made to transfer funds in connection with the provision of support pursuant to subsection

(a)for a program or activity, the transfer may not occur until— > > > #### “(1) > > the Secretary and the head of the department or agency to receive the funds jointly submit to the congressional defense committees a notice on the transfer, which notice shall include— > > > ##### “(A) > > a detailed description of the purpose and estimated cost of such program or activity; > > > ##### “(B) > > a detailed description of the security cooperation objectives of the Department, include the theater campaign plan of the combatant command concerned, that will be advanced; > > > ##### “(C) > > a justification why such program or activity will advance such objectives; > > > ##### “(D) > > a justification why such program or activity cannot be carried out by the Department; > > > ##### “(E) > > an identification of any funds programmed or obligated by the department or agency other than the Department on such program or activity; and > > > ##### “(F) > > a timeline for the provision of such support; and > > > #### “(2) > > a period of 30 days elapses after the date of the submittal of the notice pursuant to paragraph (1).” > . ###

(n)Prescription of Term “Developing Country” ####

(1)In general The Secretary of Defense shall prescribe the meaning of the term “developing country” for purposes of chapter 16 of title 10, United States Code, as added by subsection (a)(3), and may from time to time prescribe a revision to the meaning of that term for those purposes. ####

(2)Initial prescription The Secretary shall first prescribe the meaning of the term by not later than 270 days after the date of the enactment of this Act. ####

(3)Notice to congress Whenever the Secretary prescribes the meaning of the term pursuant to paragraph (1), the Secretary shall notify the appropriate committees of Congress of the meaning of the term as so prescribed. ####

(4)Appropriate committees of congress defined In this subsection, the term “appropriate committees of Congress” has the meaning given that term in section 301(1) of title 10, United States Code, as so added. ###

(o)Clerical Amendments Title 10, United States Code, is amended as follows: ####

(1)**[**[10 U.S.C. 101](/us/usc/t10/s101)**]** The tables of chapters at the beginning of subtitle A, and at the beginning of part I of subtitle A, are amended— #####

(A)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 #####

(B)by inserting after the item relating to chapter 15, as revised pursuant to subparagraph (A), the following new item:“**16. Security Cooperation** **301**”. ####

(2)**[**[10 U.S.C. 246](/us/usc/t10/s246) [10 U.S.C. 121](/us/usc/t10/s121)**]** 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. ####

(3)The table of sections at the beginning of chapter 7 is amended by striking the item relating to section 184. ####

(4)**[**[10 U.S.C. 1030](/us/usc/t10/s1030)**]** The table of sections at the beginning of chapter 53 is amended by striking the item relating to section 1051b. ####

(5)**[**[10 U.S.C. 2161](/us/usc/t10/s2161)**]** The table of sections at the beginning of chapter 108 is amended by striking the item relating to section 2166. ####

(6)**[**[10 U.S.C. 2241](/us/usc/t10/s2241)**]** 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. ####

(7)**[**[10 U.S.C. 2350a](/us/usc/t10/s2350a)**]** The table of sections at the beginning of subchapter II of chapter 138 is amended by striking the item relating to section 2350m. ####

(8)**[**[10 U.S.C. 8011](/us/usc/t10/s8011) [10 U.S.C. 9411](/us/usc/t10/s9411)**]** 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. ####

(9)The table of sections at the beginning of chapter 907 is amended by striking the item relating to section 9415.

Connectionstraces to 27

Traces to 27 documents

U.S. Code