[USC02] 10 USC Subtitle A, PART I, CHAPTER 16, SUBCHAPTER VII: ADMINISTRATIVE AND MISCELLANEOUS MATTERS
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

10 USC Subtitle A, PART I, CHAPTER 16, SUBCHAPTER VII: ADMINISTRATIVE AND MISCELLANEOUS MATTERS
From Title 10—ARMED FORCESSubtitle A—General Military LawPART I—ORGANIZATION AND GENERAL MILITARY POWERSCHAPTER 16—SECURITY COOPERATION

SUBCHAPTER VII—ADMINISTRATIVE AND MISCELLANEOUS MATTERS

Sec.
381.
Consolidated budget.
382.
Execution and administration of programs and activities.
383.
Assessment, monitoring, and evaluation of programs and activities.
384.
Department of Defense security cooperation workforce development.
385.
Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives.
386.
Annual report.

        

§381. Consolidated budget

(a) Consolidated Budget.—The budget of the President for each fiscal year, as submitted to Congress by the President pursuant to section 1105 of title 31, shall set forth by budget function and as a separate item the amounts requested for the Department of Defense for such fiscal year for all security cooperation programs and activities of the Department of Defense, including the military departments, to be conducted in such fiscal year, including the specific country or region and the applicable authority, to the extent practicable.

(b) Quarterly Report on Use of Funds.—Not later than 60 days after the end of each calendar quarter, the Secretary shall submit to the appropriate committees of Congress a report on the obligation and expenditure of funds for security cooperation programs and activities of the Department of Defense during such calendar quarter.

(Added Pub. L. 114–328, div. A, title XII, §1249(a), Dec. 23, 2016, 130 Stat. 2526; amended Pub. L. 116–92, div. A, title XII, §1204, Dec. 20, 2019, 133 Stat. 1622.)

Prior Provisions

A prior section 381 was renumbered section 281 of this title.

Amendments

2019—Subsec. (b). Pub. L. 116–92 substituted "60 days" for "30 days".

Effective Date; Applicability

Pub. L. 114–328, div. A, title XII, §1249(b), Dec. 23, 2016, 130 Stat. 2526, provided that: "The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 23, 2016], and shall apply as follows:

"(1) Subsection (a) of section 381 of title 10, United States Code, as added by subsection (a), shall apply to budgets submitted to Congress by the President pursuant to section 1105 of title 31, United States Code, for each fiscal year after fiscal year 2018.

"(2) Subsection (b) of such section 381, as so added, shall apply to calendar quarters beginning on or after the date of the enactment of this Act."

§382. Execution and administration of programs and activities

(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.

(Added Pub. L. 114–328, div. A, title XII, §1241(m), Dec. 23, 2016, 130 Stat. 2509.)

Prior Provisions

A prior section 382 was renumbered section 282 of this title.

§383. Assessment, monitoring, and evaluation of programs and activities

(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.

(E) Incorporation of lessons learned from prior security cooperation programs and activities of the Department of Defense that were carried out any time on or after September 11, 2001.


(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.

(Added Pub. L. 114–328, div. A, title XII, §1241(m), Dec. 23, 2016, 130 Stat. 2510; amended Pub. L. 115–232, div. A, title XII, §1211(c), Aug. 13, 2018, 132 Stat. 2024.)

References in Text

The Government Performance and Results Act of 1993, referred to in subsec. (b)(2), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

The GPRA Modernization Act of 2010, referred to in subsec. (b)(2), is Pub. L. 111–352, Jan. 4, 2011, 124 Stat. 3866, which enacted sections 1115, 1116, and 1120 to 1125 of Title 31, Money and Finance, and section 306 of Title 5, Government Organization and Employees, amended section 1105 of Title 31, repealed sections 1115 and 1116 of Title 31 and section 306 of Title 5, and enacted provisions set out as notes under section 1115 of Title 31 and section 5105 of Title 5. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 1101 of Title 31 and Tables.

Prior Provisions

A prior section 383 was renumbered section 283 of this title.

Amendments

2018—Subsec. (b)(1)(E). Pub. L. 115–232 added subpar. (E).

§384. Department of Defense security cooperation workforce development

(a) Program Required.—The Secretary of Defense shall carry out a program to be known as the "Department of Defense Security Cooperation Workforce Development Program" (in this section referred to as the "Program") to oversee the development and management of a professional workforce supporting security cooperation programs and activities of the Department of Defense, including—

(1) assessment, planning, monitoring, execution, evaluation, and administration of such programs and activities under this chapter; and

(2) execution of security assistance programs and activities under the Foreign Assistance Act of 1961 and the Arms Export Control Act by the Department of Defense.


(b) Purpose.—The purpose of the Program is to improve the quality and professionalism of the security cooperation workforce in order to ensure that the workforce—

(1) has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate support to the assessment, planning, monitoring, execution, evaluation, and administration of security cooperation programs and activities described in subsection (a), and ensure that the Department receives the best value for the expenditure of public resources on such programs and activities; and

(2) is assigned in a manner that ensures personnel with the appropriate level of expertise and experience are assigned in sufficient numbers to fulfill requirements for the security cooperation programs and activities of the Department of Defense and the execution of security assistance programs and activities described in subsection (a)(2).


(c) Elements.—The Program shall consist of such elements relating to the development and management of the security cooperation workforce as the Secretary considers appropriate for the purposes specified in subsection (b), including elements on training, certification, assignment, and career development of personnel of the security cooperation workforce.

(d) Management.—The Program shall be managed by the Director of the Defense Security Cooperation Agency.

(e) Guidance.—

(1) Interim guidance.—Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, the Secretary shall issue interim guidance for the execution and administration of the Program.

(2) Final guidance.—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, the Secretary shall issue final guidance for the execution and administration of the Program.

(3) Scope of guidance.—The guidance shall do the following:

(A) Provide direction to the Department of Defense on the establishment of professional career paths for the personnel of the security cooperation workforce, addressing training and education standards, promotion opportunities and requirements, retention policies, and scope of workforce demands.

(B) Provide for a mechanism to identify and define training and certification requirements for security cooperation positions in the Department and a means to track workforce skills and certifications.

(C) Provide for a mechanism to establish a program of professional certification in Department of Defense security cooperation for personnel of the security cooperation workforce in different career tracks and levels of competency based on requisite training and experience.

(D) Establish requirements for training and professional development associated with each level of certification provided for under subparagraph (C).

(E) Establish and maintain a school to train, educate, and certify the security cooperation workforce according to standards developed for purposes of subparagraph (C).

(F) Provide for a mechanism for assigning appropriately certified personnel of the security cooperation workforce to assignments associated with key positions in connection with security cooperation programs and activities.

(G) Identify the appropriate composition of career and temporary personnel necessary to constitute the security cooperation workforce.

(H) Identify specific positions throughout the security cooperation workforce to be managed and assigned through the Program.


(f) Source 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.

(2) Budget justification.—Funds necessary to carry out the Program as 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.


(g) Use of Funds.—Amounts available for use for the Program may be transferred to any account of the military departments or the Defense Agencies for purposes of the Program.

(h) Security Cooperation Workforce Defined.—In this section, the term "security cooperation workforce" means the following:

(1) Members of the armed forces and civilian employees of the Department of Defense working in the security cooperation organizations of United States missions overseas.

(2) Members of the armed forces and civilian employees of the Department of Defense in the geographic combatant commands and functional combatant commands responsible for planning, monitoring, or conducting security cooperation activities.

(3) Members of the armed forces and civilian employees of the Department of Defense in the military departments performing security cooperation activities, including activities in connection with the acquisition and development of technology release policies.

(4) Other military and civilian personnel of Defense Agencies and Field Activities who perform security cooperation activities.

(5) Personnel of the Department of Defense who perform assessments, monitoring, or evaluations of security cooperation programs and activities of the Department of Defense, including assessments under section 383 of this title.

(6) Other members of the armed forces or civilian employees of the Department of Defense who contribute significantly to the security cooperation programs and activities of the Department of Defense by virtue of their assigned duties, as determined pursuant to the guidance issued under subsection (e).

(Added Pub. L. 114–328, div. A, title XII, §1250(a), Dec. 23, 2016, 130 Stat. 2526.)

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.

The Arms Export Control Act, referred to in subsec. (a)(2), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (e)(1), (2), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016.

Prior Provisions

A prior section 384 was renumbered section 284 of this title.

§385. Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives

(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, including 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).

(Added Pub. L. 114–328, div. A, title XII, §1241(m), Dec. 23, 2016, 130 Stat. 2511; amended Pub. L. 115–232, div. A, title XII, §1204(c)(1)(E), Aug. 13, 2018, 132 Stat. 2017.)

Amendments

2018—Subsec. (d)(1)(B). Pub. L. 115–232 substituted "including" for "include".

§386. Annual report

(a) Annual Report Required.—Not later than January 31 of each year beginning in 2018, the Secretary of Defense shall submit to the appropriate congressional committees a report that sets forth, on a country-by-country basis, a description of each program carried out by the Department of Defense under the authorities in subsection (c) to provide training, equipment, or other assistance or reimbursement during the fiscal year ending in the year before the year in which such report is submitted.

(b) Elements of Report.—Each report required under subsection (a) shall provide for each program covered by such report, and for the reporting period covered by such report, the following:

(1) A description of the purpose, duration, and type of the training, equipment, or assistance or reimbursement provided, including how the training, equipment, or assistance or reimbursement provided advances the theater security cooperation strategy of the combatant command, as appropriate.

(2) The cost and expenditures of such training, equipment, or assistance or reimbursement, including by type of support provided.

(3) A description of the metrics, if any, used for assessing the effectiveness of such training, equipment, or assistance or reimbursement provided.

(4) For each foreign country in which defense articles, defense services, supplies (including consumables), small-scale construction, or reimbursement were provided, a description of the extent of participation, if any, by the military forces and security forces or other government organizations of such foreign country.

(5) The number of members of the United States armed forces involved in providing such defense articles, defense services, supplies (including consumables), and small-scale construction, and, if applicable, a description of the military benefits for such members involved in providing such training, equipment, or assistance.

(6) A summary, by authority, of the activities carried out under each authority specified in subsection (c).


(c) Specified Authorities.—The authorities specified in this subsection are the following authorities (or any successor authorities):

(1) Sections 246, 251, 252, 253,1 321, 341, 344, 348, 349, and 350 of this title.

(2) Section 166a(b)(6) of this title, relating to humanitarian and civic assistance by the commanders of the combatant commands.

(3) Section 168 of this title, relating to authority—

(A) to provide assistance to nations of the former Soviet Union as part of the Warsaw Initiative Fund;

(B) to conduct the Defense Institution Reform Initiative; and

(C) to conduct a program to increase defense institutional legal capacity through the Defense Institute of International Legal Studies.


(4) Section 2249c of this title, relating to authority to use appropriated funds for costs associated with education and training of foreign officials under the Regional Defense Combating Terrorism Fellowship Program.

(5) Section 2561 of this title, relating to authority to provide humanitarian assistance.

(6) Section 1532, relating to the Afghanistan Security Forces Fund.

(7) Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), relating to authority to reimburse certain coalition nations for support provided to United States military operations.

(8) Section 1234 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 394), relating to authorization for logistical support for coalition forces supporting certain United States military operations.

(9) Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), relating to authority to provide additional support for counter-drug activities of Peru and Colombia.

(10) Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note), relating to additional support for counter-drug activities.

(11) Section 401 of this title, relating to humanitarian and civic assistance provided in conjunction with military operations.

(12) Section 1206 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (128 Stat. 3538; 10 U.S.C. 2282 note), relating to authority to conduct human rights training of security forces and associated security ministries of foreign countries.

(13) Any other authority on assistance or reimbursement that the Secretary of Defense considers appropriate and consistent with subsection (a).


(d) Nonduplication of Effort.—

(1) In general.—Except as provided in paragraph (2), if any information required under subsection (a) has been included in another report or notification previously submitted to Congress by law, the Secretary of Defense may provide a list of such reports and notifications at the time of submitting the report required by subsection (a) in lieu of including such information in the report required by subsection (a).

(2) Exception.—Paragraph (1) does not apply with respect to information required under subsection (a) that is required to be submitted as described in paragraphs (1) and (2) of subsection (b).


(e) Form.—Each report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex that may also include other sensitive information.

(Added and amended Pub. L. 114–328, div. A, title XII, §§1246(d)(2)(A), 1251(a)–(f), Dec. 23, 2016, 130 Stat. 2521, 2529-2531; Pub. L. 115–232, div. A, title XII, §1204(b)(1)(A), Aug. 13, 2018, 132 Stat. 2017.)

References in Text

Sections 246, 251, 252, and 253 of this title, referred to in subsec. (c)(1), probably should be references to sections 311, 331, 332, and 333 of this title, respectively, as they were prior to amendment by Pub. L. 115–232. See 2018 Amendment note below. Although there were sections 311, 331, 332, and 333 of this title that had been renumbered 246, 251, 252, and 253, the references in subsec. (c)(1) should probably be to the current sections 311, 331, 332, and 333 and not to the ones that were renumbered.

Section 168 of this title, referred to in subsec. (c)(3), was repealed by Pub. L. 114–328, div. A, title XII, §1253(a)(1)(A), Dec. 23, 2016, 130 Stat. 2532.

Section 2249c of this title, referred to in subsec. (c)(4), was renumbered section 345 of this title by Pub. L. 114–328, div. A, title XII, §1247(a), Dec. 23, 2016, 130 Stat. 2521.

Section 1532, referred to in subsec. (c)(6), is section 1532 of Pub. L. 113–291, div. A, title XV, Dec. 19, 2014, 128 Stat. 3613. Section 1532 consists of subsecs. (a) to (d). Subsecs. (a) to (c) of section 1532 are not classified to the Code, and subsec. (d) of section 1532 amended section 1531(d) of Pub. L. 113–66, which is set out as a note under section 2302 of this title.

Section 1233 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (c)(7), is section 1233 of Pub. L. 110–181, div. A, title XII, Jan. 28, 2008, 122 Stat. 393, which is not classified to the Code.

Section 1234 of the National Defense Authorization Act for Fiscal Year 2008, referred to in subsec. (c)(8), is section 1234 of Pub. L. 110–181, div. A, title XII, Jan. 28, 2008, 122 Stat. 394, which is not classified to the Code.

Section 1033 of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (c)(9), is section 1033 of Pub. L. 105–85, div. A, title X, Nov. 18, 1997, 111 Stat. 1881, which is not classified to the Code.

Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note), referred to in subsec. (c)(10), is section 1004 of Pub. L. 101–510, div. A, title X, Nov. 5, 1990, 104 Stat. 1629, which was set out as a note under section 374 of this title, prior to repeal by Pub. L. 114–328, div. A, title X, §1011(b), Dec. 23, 2016, 130 Stat. 2385. See section 284 of this title.

Section 1206 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (c)(12), is section 1206 of Pub. L. 113–291, which is set out as a note under section 2282 of this title.

Codification

Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a) to (e) of section 1211 of Pub. L. 113–291, div. A, title XII, Dec. 19, 2014, 128 Stat. 3544, which was not classified to the Code.

Amendments

2018—Subsec. (c)(1). Pub. L. 115–232 substituted "Sections 246, 251, 252, 253, 321," for "Sections 311, 321, 331, 332, 333,".

2016—Subsec. (a). Pub. L. 114–328, §1251(b)(6), which directed striking out "under the authorities in subsection (c)" after "submitted", was executed by striking out "under the authorities specified in subsection (c)" after "submitted", to reflect the probable intent of Congress.

Pub. L. 114–328, §1251(b)(1)–(5), in heading, substituted "Annual Report Required" for "Biennial Report Required", and, in text, substituted "Not later than January 31 of each year beginning in 2018, the Secretary of Defense" for "Not later than February 1 of each of 2016, 2018, and 2020, the Secretary of Defense", "appropriate congressional committees" for "congressional defense committees", "assistance" for "security assistance", and "the fiscal year" for "the two fiscal years" and inserted "under the authorities in subsection (c)" after "Department of Defense".

Subsec. (b)(1). Pub. L. 114–328, §1251(c)(1), inserted ", duration," after "purpose".

Subsec. (b)(2). Pub. L. 114–328, §1251(c)(2), substituted "The cost and expenditures" for "The cost".

Subsec. (b)(4) to (6). Pub. L. 114–328, §1251(c)(3), added pars. (4) to (6).

Subsec. (c)(1). Pub. L. 114–328, §1246(d)(2)(A), which directed amendment of subsec. (c)(1) by inserting "341," after "333,", was executed by making the insertion after "321," to reflect the probable intent of Congress and the intervening amendment by Pub. L. 115–232. See 2018 Amendment note above.

Pub. L. 114–328, §1251(d)(1), added par. (1) and struck out former par. (1) which read as follows: "Section 127d of title 10, United States Code, relating to authority to provide logistic support, supplies, and services to allied forces participating in a combined operation with the Armed Forces."

Subsec. (c)(2), (3). Pub. L. 114–328, §1251(d)(6), substituted "of this title" for "of title 10, United States Code".

Subsec. (c)(4). Pub. L. 114–328, §1251(d)(2), (3), (6), redesignated par. (6) as (4), substituted "of this title" for "of title 10, United States Code", and struck out former par. (4) which read as follows: "Section 2010 of title 10, United States Code, relating to authority to reimburse foreign troops for participation in combined exercises."

Subsec. (c)(5). Pub. L. 114–328, §1251(d)(2), (3), (6), redesignated par. (8) as (5), substituted "of this title" for "of title 10, United States Code", and struck out former par. (5) which read as follows: "Section 2011 of title 10, United States Code, relating to authority to reimburse foreign troops for participation in Joint Combined Exercise Training."

Subsec. (c)(6). Pub. L. 114–328, §1251(d)(3), redesignated par. (9) as (6). Former par. (6) redesignated (4).

Subsec. (c)(7). Pub. L. 114–328, §1251(d)(2), (3), redesignated par. (13) as (7) and struck out former par. (7) which read as follows: "Section 2282 of title 10, United States Code (as added by section 1205 of this Act), relating to authority to build the capacity of foreign military forces, or the predecessor authority to such section in section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456)."

Subsec. (c)(8), (9). Pub. L. 114–328, §1251(d)(3), redesignated pars. (14) and (15) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (5) and (6), respectively.

Subsec. (c)(10). Pub. L. 114–328, §1251(d)(2), (3), redesignated par. (16) as (10) and struck out former par. (10) which read as follows: "Section 1205 of the National Defense Authorization Act for Fiscal Year 2014 (32 U.S.C. 107 note), relating to authority for National Guard State Partnership program."

Subsec. (c)(11), (12). Pub. L. 114–328, §1251(d)(2), (4), added pars. (11) and (12) and struck out former pars. (11) and (12) which read as follows:

"(11) Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 168 note), relating to the Ministry of Defense Advisors program.

"(12) Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note), relating to the Global Security Contingency Fund."

Subsec. (c)(13). Pub. L. 114–328, §1251(d)(5), redesignated par. (17) as (13). Former par. (13) redesignated (7).

Subsec. (c)(14) to (16). Pub. L. 114–328, §1251(d)(3), redesignated pars. (14) to (16) as (8) to (10), respectively.

Subsec. (c)(17). Pub. L. 114–328, §1251(d)(5), redesignated par. (17) as (13).

Subsec. (d). Pub. L. 114–328, §1251(e), designated existing provisions as par. (1) and inserted heading, substituted "Except as provided in paragraph (2), if any information" for "If any information", and added par. (2).

Subsec. (e). Pub. L. 114–328, §1251(f), inserted "that may also include other sensitive information" after "annex".

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title XII, §1246(d)(2), Dec. 23, 2016, 130 Stat. 2521, provided that the amendment made by section 1246(d)(2)(A) is effective as of January 1, 2020.

1 See References in Text note below.