§ 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 $1,500,000 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 ).

§ 311. Exchange of defense personnel between United States and friendly foreign countries: authority

• (a)
  • (1) The Secretary of Defense may enter into international defense personnel exchange agreements. Any exchange of personnel under such an agreement is subject to paragraph (3).
  • (2) For purposes of this section, an international defense personnel exchange agreement is an agreement with the government of a friendly foreign country or international or regional security organization for the reciprocal or non-reciprocal exchange of—
    • (A) members of the armed forces and civilian personnel of the Department of Defense; and
    • (B) military and civilian personnel of the defense or security ministry of that foreign government or international or regional security organization.
  • (3) An exchange of personnel under an international defense personnel exchange agreement under this section may only be made with the concurrence of the Secretary of State to the extent the exchange is with either of the following:
    • (A) A non-defense security ministry of a foreign government.
    • (B) An international or regional security organization.
• (b)
  • (1) Pursuant to an international defense personnel exchange agreement, personnel of the defense ministry of a foreign government may be assigned to positions in the Department of Defense and personnel of the Department of Defense may be assigned to positions in the defense ministry of such foreign government. Positions to which exchanged personnel are assigned may include positions of instructors.
  • (2) An agreement for the exchange of personnel engaged in research and development activities may provide for assignment of Department of Defense personnel to positions in private industry that support the defense ministry of the host foreign government, subject to the concurrence of the Secretary of State.
  • (3) An individual may not be assigned to a position pursuant to an international defense personnel exchange agreement unless the assignment is acceptable to both governments.
• (c) In the case of an international defense personnel exchange agreement that provides for reciprocal exchanges, each government shall be required to provide personnel with qualifications, training, and skills that are essentially equal to those of the personnel provided by the other government.
• (d)
  • (1) Each government shall pay the salary, per diem, cost of living, travel costs, cost of language or other training, and other costs for its own personnel in accordance with the applicable laws and regulations of such government.
  • (2) Paragraph (1) does not apply to the following costs:
    • (A) The cost of temporary duty directed by the host government.
    • (B) The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding unique aspects of the assignments of the exchanged personnel.
    • (C) Costs incident to the use of the facilities of the host government in the performance of assigned duties.
• (e) No personnel exchanged pursuant to an agreement under this section may take or be required to take an oath of allegiance to the host country or to hold an official capacity in the government of such country.
• (f) The requirements in subsections (c) and (d) shall apply in the exercise of any authority of the Secretaries of the military departments to enter into an agreement with the government of a foreign country to provide for the exchange of members of the armed forces and military personnel of the defense or security ministry of that foreign country. The Secretary of Defense may prescribe regulations for the application of such subsections in the exercise of such authority.

§ 312. Payment of personnel expenses necessary for theater security cooperation

• (a) The Secretary of Defense may pay expenses specified in subsection (b) that the Secretary considers necessary for theater security cooperation.
• (b) The expenses that may be paid under the authority provided in subsection (a) are the following:
  • (1) The Secretary of Defense may pay travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for theater security cooperation:
    • (A) Defense personnel of friendly foreign governments.
    • (B) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and non-governmental personnel.
  • (2) The Secretary of Defense may provide administrative services and support for the performance of duties by a liaison officer of a foreign country while the liaison officer is assigned temporarily to any headquarters in the Department of Defense.
  • (3) The Secretary of Defense may pay the expenses of a liaison officer in connection with the assignment of that officer as described in paragraph (2) if the assignment is requested by the commander of a combatant command, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the head of a Defense Agency as follows:
    • (A) Travel and subsistence expenses.
    • (B) Personal expenses directly necessary to carry out the duties of that officer in connection with that assignment.
    • (C) Expenses for medical care at a civilian medical facility if—
      • (i) adequate medical care is not available to the liaison officer at a local military medical treatment facility;
      • (ii) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and
      • (iii) medical care is not otherwise available to the liaison officer pursuant to any treaty or other international agreement.
    • (D) Mission-related travel expenses if such travel meets each of the following conditions:
      • (i) The travel is in support of the national security interests of the United States.
      • (ii) The officer or official making the request directs round-trip travel from the assigned location to one or more travel locations.
  • (4) The authority provided by paragraph (1) includes authority to pay travel and subsistence expenses for personnel described in that paragraph in connection with the attendance of such personnel at any conference, seminar, or similar meeting that is in direct support of enhancing interoperability between the United States armed forces and the national security forces of a friendly foreign country for the purposes of conducting operations, the provision of equipment or training, or the planning for, or the execution of, bilateral or multilateral training, exercises, or military operations.
  • (5) In addition to the personnel expenses payable under paragraph (1), the Secretary of Defense may pay such other limited expenses in connection with conferences, seminars, and similar meetings covered by paragraph (4) as the Secretary considers appropriate in the national security interests of the United States.
• (c)
  • (1) The authority provided in subsection (a) may be used only for the payment of expenses of, and special compensation for, personnel from developing countries, except that the Secretary of Defense may authorize the payment of such expenses and special compensation for personnel from a country other than a developing country if the Secretary determines that such payment is necessary to respond to extraordinary circumstances and is in the national security interest of the United States.
  • (2) In the case of a non-defense liaison officer of a foreign country, the authority of the Secretary of Defense under subsection (a) to pay expenses specified in paragraph (2) or (3) of subsection (b) may be exercised only if the assignment of that liaison officer as a liaison officer with the Department of Defense was accepted by the Secretary of Defense with the coordination of the Secretary of State.
• (d) The Secretary of Defense may provide the services and support specified in subsection (b)(2) with or without reimbursement from (or on behalf of) the recipients. The terms of reimbursement (if any) shall be specified in the appropriate agreements used to assign the liaison officer.
• (e)
  • (1) Travel and subsistence expenses authorized to be paid under subsection (a) may not, in the case of any individual, exceed the amount that would be paid under chapter 7 or 8 of title 37 to a member of the armed forces (of a comparable grade) for authorized travel of a similar nature.
  • (2) The amount paid for expenses specified in subsection (b)(3) for any liaison officer in any fiscal year may not exceed $150,000.
• (f) The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives.
• (g) In this section, the term “administrative services and support” includes base or installation support services, office space, utilities, copying services, fire and police protection, training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, and computer support.

§ 313. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance

• (a) The Secretary of Defense may present awards and mementos purchased with funds appropriated for operation and maintenance of the armed forces to recognize superior noncombat achievements or performance by members of friendly foreign forces and other foreign nationals that significantly enhance or support the National Security Strategy of the United States.
• (b) Activities that may be recognized under subsection (a) include superior achievement or performance that—
  • (1) plays a crucial role in shaping the international security environment in ways that protect and promote United States interests;
  • (2) supports or enhances United States overseas presence and peacetime engagement activities, including defense cooperation initiatives, security assistance training and programs, and training and exercises with the armed forces;
  • (3) helps to deter aggression and coercion, build coalitions, and promote regional stability; or
  • (4) serves as a role model for appropriate conduct by military forces in emerging democracies.
• (c) Expenditures for the purchase or production of mementos for award under this section may not exceed the minimal value in effect under section 7342(a)(5) of title 5 .

§ 321. Training with friendly foreign countries: payment of training and exercise expenses

• (a)
  • (1) The armed forces under the jurisdiction of the Secretary of Defense may train with the military forces or other security forces of a friendly foreign country if the Secretary determines that it is in the national security interest of the United States to do so.
  • (2) The general purpose forces of the United States armed forces may train only with the military forces of a friendly foreign country.
  • (3) Any training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, support the mission essential tasks for which the unit of the United States armed forces participating in such training is responsible.
  • (4) Any training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, include elements that promote—
    • (A) observance of and respect for human rights and fundamental freedoms; and
    • (B) respect for legitimate civilian authority within the foreign country concerned.
• (b) Under regulations prescribed pursuant to subsection (e), the Secretary of a military department or the commander of a combatant command may pay, or authorize payment for, any of the following expenses:
  • (1) Expenses of training forces assigned or allocated to that command in conjunction with training, and training with, the military forces or other security forces of a friendly foreign country under subsection (a).
  • (2) Expenses of deploying such forces for that training.
  • (3) The incremental expenses of a friendly foreign country as the direct result of participating in such training, as specified in the regulations.
  • (4) The incremental expenses of a friendly foreign country as the direct result of participating in an exercise with the armed forces under the jurisdiction of the Secretary of Defense.
  • (5) Small-scale construction that is directly related to the effective accomplishment of the training described in paragraph (1) or an exercise described in paragraph (4).
• (c)
  • (1) The primary purpose of the training and exercises for which payment may be made under subsection (b) shall be to train United States forces.
  • (2) Training and exercises with friendly foreign countries under subsection (a) should be planned and prioritized consistent with applicable guidance relating to the security cooperation programs and activities of the Department of Defense.
• (d) Amounts available for the authority to pay expenses in subsection (b) for a fiscal year may be used to pay expenses under that subsection for training and exercises that begin in such fiscal year but end in the next fiscal year.
• (e) Not later than the end of the first calendar quarter beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, and every calendar quarter thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a notice setting forth the schedule of planned training engagement pursuant to subsection (a) during the calendar quarter first following the calendar quarter in which such notice is submitted.
• (f)
  • (1) The Secretary of Defense shall prescribe regulations for the administration of this section. The Secretary shall submit the regulations to the Committees on Armed Services of the Senate and the House of Representatives.
  • (2) The regulations required under this section shall provide the following:
    • (A) A requirement that training and exercise activities may be carried out under this section only with the prior approval of the Secretary.
    • (B) Accounting procedures to ensure that the expenditures pursuant to this section are appropriate.
    • (C) Procedures to limit the payment of incremental expenses to friendly foreign countries only to developing countries, except in the case of exceptional circumstances as specified in the regulations.

§ 322. Special operations forces: training with friendly foreign forces

• (a) Under regulations prescribed pursuant to subsection (c), the commander of the special operations command established pursuant to section 167 of this title and the commander of any other unified or specified combatant command may pay, or authorize payment for, any of the following expenses:
  • (1) Expenses of training special operations forces assigned to that command in conjunction with training, and training with, armed forces and other security forces of a friendly foreign country.
  • (2) Expenses of deploying such special operations forces for that training.
  • (3) In the case of training in conjunction with a friendly developing country, the incremental expenses incurred by that country as the direct result of such training.
• (b) The primary purpose of the training for which payment may be made under subsection (a) shall be to train the special operations forces of the combatant command.
• (c) The Secretary of Defense shall prescribe regulations for the administration of this section. The regulations shall require that training activities may be carried out under this section only with the prior approval of the Secretary of Defense. The regulations shall establish accounting procedures to ensure that the expenditures pursuant to this section are appropriate.
• (d) In this section:
  • (1) The term “special operations forces” includes civil affairs forces and military information support operations forces.
  • (2) The term “incremental expenses”, with respect to a developing country, means the reasonable and proper cost of rations, fuel, training ammunition, transportation, and other goods and services consumed by such country, except that the term does not include pay, allowances, and other normal costs of such country’s personnel.
• (e) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report regarding training during the preceding fiscal year for which expenses were paid under this section. Each report shall specify the following:
  • (1) All countries in which that training was conducted.
  • (2) The type of training conducted, including whether such training was related to counter-narcotics or counter-terrorism activities, the duration of that training, the number of members of the armed forces involved, and expenses paid.
  • (3) The extent of participation by foreign military forces, including the number and service affiliation of foreign military personnel involved and physical and financial contribution of each host nation to the training effort.
  • (4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise programs sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short duration exercises, and other similar unit training events).
  • (5) A summary of the expenditures under this section resulting from the training for which expenses were paid under this section.
  • (6) A discussion of the unique military training benefit to United States special operations forces derived from the training activities for which expenses were paid under this section.

§ 331. Friendly foreign countries: authority to provide support for conduct of operations

• (a) The Secretary of Defense may provide support to friendly foreign countries in connection with the conduct of operations designated pursuant to subsection (b).
• (b)
  • (1) The Secretary of Defense shall designate the operations for which support may be provided under the authority in subsection (a).
  • (2) The Secretary shall notify the appropriate committees of Congress of the designation of any operation pursuant to this subsection.
  • (3) The Secretary shall undertake on an annual basis a review of the operations currently designated pursuant to this subsection in order to determine whether each such operation merits continuing designation for purposes of this section for another year. If the Secretary determines that any operation so reviewed merits continuing designation for purposes of this section for another year, the Secretary—
    • (A) may continue the designation of such operation under this subsection for such purposes for another year; and
    • (B) if the Secretary so continues the designation of such operation, shall notify the appropriate committees of Congress of the continuation of designation of such operation.
• (c) The types of support that may be provided under the authority in subsection (a) are the following:
  • (1) Logistic support, supplies, and services to security forces of a friendly foreign country participating in—
    • (A) an operation with the armed forces under the jurisdiction of the Secretary of Defense; or
    • (B) a military or stability operation that benefits the national security interests of the United States.
  • (2) Logistic support, supplies, and services—
    • (A) to military forces of a friendly foreign country solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in a combined operation with the United States in order to facilitate such operation; or
    • (B) to a nonmilitary logistics, security, or similar agency of a friendly foreign government if such provision would directly benefit the armed forces under the jurisdiction of the Secretary of Defense.
  • (3) Procurement of equipment for the purpose of the loan of such equipment to the military forces of a friendly foreign country participating in a United States-supported coalition or combined operation and the loan of such equipment to those forces to enhance capabilities or to increase interoperability with the armed forces under the jurisdiction of the Secretary of Defense and other coalition partners.
  • (4) Provision of specialized training to personnel of friendly foreign countries in connection with such an operation, including training of such personnel before deployment in connection with such operation.
  • (5) Small-scale construction to support military forces of a friendly foreign country participating in a United States-supported coalition or combined operation when the construction is directly linked to the ability of such forces to participate in such operation effectively and is limited to the geographic area where such operation is taking place. In the case of support provided under this paragraph that results in the provision of small-scale construction above $750,000, the notification pursuant to subsection (b)(2) shall include the location, project title, and cost of each such small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location.
• (d)
  • (1) The Secretary of Defense may provide support under subsection (a) to a friendly foreign country with respect to an operation in which the United States is not participating only—
    • (A) if the Secretary of Defense and the Secretary of State jointly certify to the appropriate committees of Congress that the operation is in the national security interests of the United States; and
    • (B) after the expiration of the 15-day period beginning on the date of such certification.
  • (2) Any certification under paragraph (1) shall be accompanied by a report that includes the following:
    • (A) A description of the operation, including the geographic area of the operation.
    • (B) A list of participating countries.
    • (C) A description of the type of support and the duration of support to be provided.
    • (D) A description of the national security interests of the United States supported by the operation.
    • (E) Such other matters as the Secretary of Defense and the Secretary of State consider significant to a consideration of such certification.
• (e) The provision of support under subsection (a) may be made only with the concurrence of the Secretary of State.
• (f) The Secretary of Defense may not use the authority in subsection (a) to provide any type of support described in subsection (c) that is otherwise prohibited by any provision of law.
• (g)
  • (1) The aggregate value of all logistic support, supplies, and services provided under paragraphs (1), (4), and (5) of subsection (c) in any fiscal year may not exceed $450,000,000.
  • (2) The aggregate value of all logistic support, supplies, and services provided under subsection (c)(2) in any fiscal year may not exceed $5,000,000.
• (h) In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350(1) of this title .

§ 332. Friendly foreign countries; international and regional organizations: defense institution capacity building

• (a) The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to assign civilian employees of the Department of Defense and members of the armed forces as advisors to the ministries of defense (or security agencies serving a similar defense function) of foreign countries or regional organizations with security missions in order to—
  • (1) provide institutional, ministerial-level advice, and other training to personnel of the ministry or regional organization to which assigned in support of stabilization or post-conflict activities; or
  • (2) assist such ministry or regional organization in building core institutional capacity, competencies, and capabilities to manage defense-related processes.
• (b)
  • (1) The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to provide advisors or trainers to provide training and associated training support services to personnel of foreign ministries of defense (or ministries with security force oversight) or regional organizations with security missions—
    • (A) for the purpose of—
      • (i) enhancing civilian oversight of foreign security forces;
      • (ii) establishing responsible defense governance and internal controls in order to help build effective, transparent, and accountable defense institutions;
      • (iii) assessing organizational weaknesses and establishing a roadmap for addressing shortfalls; and
      • (iv) enhancing ministerial, general or joint staff, or service level core management competencies; and
    • (B) for such other purposes as the Secretary considers appropriate, consistent with the authority in subsection (a).
  • (2) Each fiscal year quarter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on activities under the program under paragraph (1) during the preceding fiscal year quarter. Each report shall include, for the fiscal year quarter covered by such report, the following:
    • (A) A list of activities under the program.
    • (B) A list of any organization described in paragraph (1) to which the Secretary provided advisors or trainers under the program, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each advisor or trainer so provided, and a statement of the cost of each provision of such an advisor or trainer.
    • (C) A comprehensive justification of any activities conducted pursuant to paragraph (1)(B).
• (c) Not later than 15 days before assigning a civilian employee of the Department of Defense or a member of the armed forces as an advisor to a regional organization with a security mission under subsection (a), the Secretary shall submit to the appropriate committees of Congress a notification of such assignment. Such a notification shall include each of the following:
  • (1) A statement of the intent of the Secretary to assign the advisor or trainer to the regional organization.
  • (2) The name of the regional organization and the location and duration of the assignment.
  • (3) A description of the assignment, including a description of the training or assistance proposed to be provided to the regional organization, the justification for the assignment, a description of the unique capabilities the advisor or trainer can provide to the regional organization, and a description of how the assignment serves the national security interests of the United States.
  • (4) Any other information relating to the assignment that the Secretary of Defense considers appropriate.

§ 333. Foreign security forces: authority to build capacity

• (a) 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 existing international coalition operation that is determined by the Secretary to be in the national interest of the United States.
• (b)
  • (1) The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).
  • (2) The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). In developing and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary of Defense and Secretary of State should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impact the effectiveness of the program.
  • (3) 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) 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)
  • (1) A program under subsection (a) may include the provision and sustainment of defense articles, training, defense services, supplies (including consumables), and small-scale construction supporting security cooperation programs under this section.
  • (2) 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, the rule of law, and civilian control of the military.
    • (B) Institutional capacity building.
  • (3) 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 or the Department of State is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, training that includes a comprehensive curriculum on the law of armed conflict, human rights and fundamental freedoms, and the rule of law, and that enhances the capacity to exercise responsible civilian control of the military, as applicable, to such national security forces.
  • (4) 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 of Defense or another department or agency is already undertaking, or will undertake as part of the security sector assistance provided to the foreign country concerned, a program of institutional capacity building with appropriate institutions of such foreign country to enhance the capacity of such foreign country to organize, administer, employ, manage, maintain, sustain, or oversee the national security forces of such foreign country.
• (d)
  • (1) 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) The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of this title .
  • (3) 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) 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.
  • (8) In the case of activities under a program that results in the provision of small-scale construction above $750,000, the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location over the next 5 years.
  • (9) In the case of a program described in subsection (a), each of the following:
    • (A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.
    • (B) An identification of each such authority described in subparagraph (A).
• (f) 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)
  • (1) 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)
    • (A) 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) 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.

§ 341. Department of Defense State Partnership Program

• (a)
  • (1) The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of activities described in paragraph (2), to support the security cooperation objectives of the United States, between members of the National Guard of a State or territory and any of the following:
    • (A) The military forces of a foreign country.
    • (B) The security forces of a foreign country.
    • (C) Governmental organizations of a foreign country whose primary functions include disaster response or emergency response.
  • (2) Each program established under this subsection shall be known as a “State Partnership”.
• (b)
  • (1) An activity with forces referred to in subsection (a)(1)(B) or organizations described in subsection (a)(1)(C) under a program established under subsection (a) may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.
  • (2) The conduct of any assistance activities under a program established under subsection (a) shall be subject to the provisions of section 362 of this title .
• (c) The Chief of the National Guard Bureau shall designate a director for each State and territory to be responsible for the coordination of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program.
• (d) This section shall be carried out in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section. Such regulations shall include accounting procedures to ensure that expenditures of funds to carry out this section are accounted for and appropriate.
• (e)
  • (1) Funds authorized to be appropriated to the Department of Defense, including funds authorized to be appropriated for the Army National Guard and Air National Guard, are authorized to be available—
    • (A) for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a); and
    • (B) for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).
  • (2)
    • (A) Funds shall not be available under paragraph (1) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation.
    • (B) The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.
• (f) Nothing in this section shall be construed to supersede any authority under title 10 as in effect on December 26, 2013 .

§ 342. Regional Centers for Security Studies

• (a) The Secretary of Defense shall administer the Department of Defense Regional Centers for Security Studies in accordance with this section as international venues for bilateral and multilateral research, communication, exchange of ideas, and training involving military and civilian participants.
• (b)
  • (1) A Department of Defense Regional Center for Security Studies is a Department of Defense institution that—
    • (A) is operated, and designated as such, by the Secretary of Defense for the study of security issues relating to a specified geographic region of the world; and
    • (B) serves as a forum for bilateral and multilateral research, communication, exchange of ideas, and training involving military and civilian participants.
  • (2) The Department of Defense Regional Centers for Security Studies are the following:
    • (A) The George C. Marshall European Center for Security Studies, established in 1993 and located in Garmisch-Partenkirchen, Germany.
    • (B) The Daniel K. Inouye Asia-Pacific Center for Security Studies, established in 1995 and located in Honolulu, Hawaii.
    • (C) The William J. Perry Center for Hemispheric Defense Studies, established in 1997 and located in Washington, D.C.
    • (D) The Africa Center for Strategic Studies, established in 1999 and located in Washington, D.C.
    • (E) The Near East South Asia Center for Strategic Studies, established in 2000 and located in Washington, D.C.
  • (3) No institution or element of the Department of Defense may be designated as a Department of Defense Regional Center for Security Studies for purposes of this section, other than the institutions specified in paragraph (2).
• (c) The administration of the Regional Centers under this section shall be carried out under regulations prescribed by the Secretary. 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.
• (d) Participants in activities of the Regional Centers may include United States and foreign military, civilian, and nongovernmental personnel.
• (e) At each Regional Center, the Secretary may, subject to the availability of appropriations—
  • (1) employ a Director, a Deputy Director, and as many civilians as professors, instructors, and lecturers as the Secretary considers necessary; and
  • (2) prescribe the compensation of such persons, in accordance with Federal guidelines.
• (f)
  • (1) Participation in activities of a Regional Center shall be on a reimbursable basis (or by payment in advance), except in a case in which reimbursement is waived in accordance with paragraph (3).
  • (2) For a foreign national participant, payment of costs may be made by the participant, the participant’s own government, by a Department or agency of the United States other than the Department of Defense, or by a gift or donation on behalf of one or more Regional Centers accepted under section 2611 of this title on behalf of the participant’s government.
  • (3)
    • (A) The Secretary of Defense may waive reimbursement of the costs of activities of the Regional Centers for foreign military officers and foreign defense and security personnel from a developing country if the Secretary determines that attendance of such personnel without reimbursement is in the national security interest of the United States. Costs for which reimbursement is waived pursuant to this paragraph shall be paid from appropriations available to the Regional Centers.
    • (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.
  • (4) Funds accepted for the payment of costs shall be credited to the appropriation then currently available to the Department of Defense for the Regional Center that incurred the costs. Funds so credited shall be merged with the appropriation to which credited and shall be available to that Regional Center for the same purposes and same period as the appropriation with which merged.
  • (5) Funds available for the payment of personnel expenses under section 312 of this title are also available for the costs of the operation of the Regional Centers.
  • (6) Funds available to carry out this section, including funds accepted under paragraph (4) and funds available under paragraph (5), shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.
• (g) The Director of a Regional Center may enter into agreements with the Secretaries of the military departments, the heads of the Defense Agencies, and, with the concurrence of the Secretary of Defense, the heads of other Federal departments and agencies for the provision of services by that Regional Center under this section. Any such participating department and agency shall transfer to the Regional Center funds to pay the full costs of the services received.
• (h)
  • (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)
  • (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.
• (j)
  • (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.

§ 343. Western Hemisphere Institute for Security Cooperation

• (a)
  • (1) The Secretary of Defense may operate an education and training facility for the purpose set forth in subsection (b). The facility shall be known as the “Western Hemisphere Institute for Security Cooperation”.
  • (2) The Secretary may designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
• (b) The purpose of the Institute is to provide professional education and training to eligible personnel of countries of the Western Hemisphere within the context of the democratic principles set forth in the Charter of the Organization of American States (such charter being a treaty to which the United States is a party), while fostering mutual knowledge, transparency, confidence, and cooperation among the participating countries and promoting democratic values, respect for human rights, and knowledge and understanding of United States customs and traditions.
• (c)
  • (1) Subject to paragraph (2), personnel of countries of the Western Hemisphere are eligible for education and training at the Institute as follows:
    • (A) Military personnel.
    • (B) Law enforcement personnel.
    • (C) Civilian personnel.
  • (2) The Secretary of State shall be consulted in the selection of foreign personnel for education or training at the Institute.
• (d)
  • (1) The curriculum of the Institute shall include mandatory instruction for each student, for at least 8 hours, on human rights, the rule of law, due process, civilian control of the military, and the role of the military in a democratic society.
  • (2) The curriculum may include instruction and other educational and training activities on the following:
    • (A) Leadership development.
    • (B) Counterdrug operations.
    • (C) Peace support operations.
    • (D) Disaster relief.
    • (E) Any other matter that the Secretary determines appropriate.
• (e)
  • (1) There shall be a Board of Visitors for the Institute. The Board shall be composed of the following:
    • (A) The chairman and ranking minority member of the Committee on Armed Services of the Senate, or a designee of either of them.
    • (B) The chairman and ranking minority member of the Committee on Armed Services of the House of Representatives, or a designee of either of them.
    • (C) Six persons designated by the Secretary of Defense including, to the extent practicable, persons from academia and the religious and human rights communities.
    • (D) One person designated by the Secretary of State.
    • (E) The senior military officer responsible for training and doctrine for the Army or, if the Secretary of the Navy or the Secretary of the Air Force is designated as the executive agent of the Secretary of Defense under subsection (a)(2), the senior military officer responsible for training and doctrine for the Navy or Marine Corps or for the Air Force, respectively, or a designee of the senior military officer concerned.
    • (F) The commanders of the combatant commands having geographic responsibility for the Western Hemisphere, or the designees of those officers.
  • (2) A vacancy in a position on the Board shall be filled in the same manner as the position was originally filled.
  • (3) The Board shall meet at least once each year.
  • (4)
    • (A) The Board shall inquire into the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Institute, other matters relating to the Institute that the Board decides to consider, and any other matter that the Secretary of Defense determines appropriate.
    • (B) The Board shall review the curriculum of the Institute to determine whether—
      • (i) the curriculum complies with applicable United States laws and regulations;
      • (ii) the curriculum is consistent with United States policy goals toward Latin America and the Caribbean;
      • (iii) the curriculum adheres to current United States doctrine; and
      • (iv) the instruction under the curriculum appropriately emphasizes the matters specified in subsection (d)(1).
  • (5) Not later than 60 days after its annual meeting, the Board shall submit to the Secretary of Defense a written report of its activities and of its views and recommendations pertaining to the Institute.
  • (6) Members of the Board shall not be compensated by reason of service on the Board.
  • (7) With the approval of the Secretary of Defense, the Board may accept and use the services of voluntary and uncompensated advisers appropriate to the duties of the Board without regard to section 1342 of title 31 .
  • (8) Members of the Board and advisers whose services are accepted under paragraph (7) shall be allowed travel and transportation expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Board. Allowances under this paragraph shall be computed—
    • (A) in the case of members of the Board who are officers or employees of the United States, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5; and
    • (B) in the case of other members of the Board and advisers, as authorized under section 5703 of title 5 for employees serving without pay.
  • (9) The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 (relating to termination after two years), shall apply to the Board.
• (f)
  • (1) The Secretary of Defense may, on behalf of the Institute, accept foreign gifts or donations in order to defray the costs of, or enhance the operation of, the Institute.
  • (2) Funds received by the Secretary under paragraph (1) shall be credited to appropriations available for the Department of Defense for the Institute. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Institute for the same purposes and same period as the appropriations with which merged.
  • (3) The Secretary of Defense shall notify Congress if the total amount of money accepted under paragraph (1) exceeds $1,000,000 in any fiscal year. Any such notice shall list each of the contributors of such money and the amount of each contribution in such fiscal year.
  • (4) For the purposes of this subsection, a foreign gift or donation is a gift or donation of funds, materials (including research materials), property, or services (including lecture services and faculty services) from a foreign government, a foundation or other charitable organization in a foreign country, or an individual in a foreign country.
• (g) The fixed costs of operating and maintaining the Institute for a fiscal year may be paid from—
  • (1) any funds available for that fiscal year for operation and maintenance for the executive agent designated under subsection (a)(2); or
  • (2) if no executive agent is designated under subsection (a)(2), any funds available for that fiscal year for the Department of Defense for operation and maintenance for Defense-wide activities.
• (h) Tuition fees charged for persons who attend the Institute may not include the fixed costs of operating and maintaining the Institute.
• (i) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a detailed report on the activities of the Institute during the preceding year. The report shall include a copy of the latest report of the Board of Visitors received by the Secretary under subsection (e)(5), together with any comments of the Secretary on the Board’s report. The report shall be prepared in consultation with the Secretary of State.

§ 344. Participation in multinational military centers of excellence

• (a) The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the armed forces and Department of Defense civilian personnel in any multinational military center of excellence for purposes of—
  • (1) enhancing the ability of military forces and civilian personnel of the nations participating in such center to engage in joint exercises or coalition or international military operations; or
  • (2) improving interoperability between the armed forces and the military forces of friendly foreign nations.
• (b)
  • (1) The participation of members of the armed forces or Department of Defense civilian personnel in a multinational military center of excellence under subsection (a) shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the foreign nation or nations concerned.
  • (2) If Department of Defense facilities, equipment, or funds are used to support a multinational military center of excellence under subsection (a), the memoranda of understanding under paragraph (1) with respect to that center shall provide details of any cost-sharing arrangement or other funding arrangement.
• (c)
  • (1) Funds appropriated to the Department of Defense for operation and maintenance are available as follows:
    • (A) To pay the United States share of the operating expenses of any multinational military center of excellence in which the United States participates under this section.
    • (B) To pay the costs of the participation of members of the armed forces and Department of Defense civilian personnel in multinational military centers of excellence under this section, including the costs of expenses of such participants.
  • (2) No funds may be used under this section to fund the pay or salaries of members of the armed forces and Department of Defense civilian personnel who participate in multinational military centers of excellence under this section.
• (d) Facilities and equipment of the Department of Defense may be used for purposes of the support of multinational military centers of excellence under this section that are hosted by the Department.
• (e) In this section, the term “multinational military center of excellence” means an entity sponsored by one or more nations that is accredited and approved by the Military Committee of the North Atlantic Treaty Organization (NATO) as offering recognized expertise and experience to personnel participating in the activities of such entity for the benefit of NATO by providing such personnel opportunities to—
  • (1) enhance education and training;
  • (2) improve interoperability and capabilities;
  • (3) assist in the development of doctrine; and
  • (4) validate concepts through experimentation.

§ 345. Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program

• (a)
  • (1) The Secretary of Defense may carry out a program under which the Secretary may pay any costs associated with the education and training of foreign military officers, ministry of defense officials, or security officials at military or civilian educational institutions, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with either of the following:
    • (A) Combating terrorism.
    • (B) Irregular warfare.
  • (2) Costs for which payment may be made under this section include the costs of transportation and travel and subsistence costs.
  • (3) The program authorized by this section shall be known as the “Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program”.
• (b)
  • (1) The program authorized by subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense and the Secretary of State.
  • (2) The regulations shall ensure that—
    • (A) the Secretary of Defense and the Secretary of State—
      • (i) jointly develop and plan activities under the program that—
        • (I) advance United States security cooperation objectives; and
        • (II) support theater security cooperation planning of the combatant commands; and
      • (ii) coordinate on the implementation of activities under the program;
    • (B) each of the Secretary of Defense and the Secretary of State designates an individual at the lowest appropriate level of the Department of Defense or the Department of State, as applicable, who shall be responsible for program coordination; and
    • (C) to the extent practicable, activities under the program are appropriately coordinated with, and do not duplicate or conflict with, activities under International Military Education and Training (IMET) authorities.
  • (3) Upon any update of the regulations, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the regulations as so updated, together with a description of the update.
• (c) The total amount of funds used under the authority in subsection (a) in any fiscal year may not exceed $35,000,000. Amounts available under the authority in subsection (a) for a fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.
• (d) Not later than December 1 of each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the administration of this section during the fiscal year ended in such year. The report shall include the following matters:
  • (1) A complete accounting of the expenditure of appropriated funds for purposes authorized under subsection (a), including—
    • (A) the countries of the foreign officers and officials for whom costs were paid; and
    • (B) for each such country, the total amount of the costs paid.
  • (2) The training courses attended by the foreign officers and officials, including a specification of which, if any, courses were conducted in foreign countries.
  • (3) An assessment of the effectiveness of the program referred to in subsection (a), including engagement activities for program alumni, in increasing the cooperation of the governments of foreign countries with the United States.
  • (4) A discussion of any actions being taken to improve the program, including a list of any unfunded or unmet training requirements and requests.
  • (5) A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.

§ 346. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces

• (a) To enhance interoperability between the armed forces and military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, may—
  • (1) provide to personnel referred to in subsection (b) electronically-distributed learning content for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and
  • (2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the education and training of such personnel.
• (b) The personnel to whom learning content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign government, with the permission of that government.
• (c) Any education and training provided under subsection (a) shall include the following:
  • (1) Internet-based education and training.
  • (2) Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer-assisted exercises.
• (d) The provision of learning content and information technology under this section shall be subject to the provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) and any other export control regime under law relating to the transfer of military technology to foreign countries.
• (e)
  • (1) The Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority in this section.
  • (2) If the Secretary modifies the guidance issued under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report setting forth the modified guidance not later than 30 days after the date of such modification.

§ 347. International engagement authorities for service academies

• (a)
  • (1)
    • (A) The Secretary of each military department may permit persons from foreign countries to receive instruction at the Service Academy under the jurisdiction of the Secretary. Such persons shall be in addition to—
      • (i) in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets of the Academy under section 7442 of this title ;
      • (ii) in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under section 8454 of this title ; and
      • (iii) in the case of the United States Air Force Academy, the authorized strength of the Cadet Wing of the Academy under section 9442 of this title .
    • (B) The number of persons permitted to receive instruction at each Service Academy under this subsection may not be more than 60 at any one time.
  • (2) The Secretary of a military department, upon approval by the Secretary of Defense, shall determine—
    • (A) the countries from which persons may be selected for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and
    • (B) the number of persons that may be selected from each country.
  • (3) The Secretary of each military department—
    • (A) may establish entrance qualifications and methods of competition for selection among individual applicants under this subsection; and
    • (B) shall select those persons who will be permitted to receive instruction at the Service Academy under the jurisdiction of the Secretary under this subsection.
  • (4) In selecting persons to receive instruction under this subsection from among applicants from the countries approved under paragraph (2), the Secretary of the military department concerned shall give a priority to persons who have a national service obligation to their countries upon graduation from the Service Academy concerned.
  • (5) A person receiving instruction under this subsection is entitled to the pay, allowances, and emoluments of a cadet or midshipman appointed from the United States, and from the same appropriations.
  • (6)
    • (A) Each foreign country from which a cadet or midshipman is permitted to receive instruction at one of the Service Academies under this subsection shall reimburse the United States for the cost of providing such instruction, including the cost of pay, allowances, and emoluments provided under paragraph (5). The Secretaries of the military departments shall prescribe the rates for reimbursement under this paragraph, except that the reimbursement rates may not be less than the cost to the United States of providing such instruction, including pay, allowances, and emoluments, to a cadet or midshipman appointed from the United States.
    • (B) The Secretary of Defense may waive, in whole or in part, the requirement for reimbursement of the cost of instruction for a cadet or midshipman under subparagraph (A). In the case of a partial waiver, the Secretary of Defense shall establish the amount waived.
  • (7)
    • (A) Except as the Secretary of the military department concerned determines, a person receiving instruction under this subsection at the Service Academy under the jurisdiction of that Secretary is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a cadet or midshipman at that Academy appointed from the United States.
    • (B) The Secretary of the military department concerned may prescribe regulations with respect to access to classified information by a person receiving instruction under this subsection at the Service Academy under the jurisdiction of that Secretary that differ from the regulations that apply to a cadet or midshipman at that Academy appointed from the United States.
  • (8) A person receiving instruction at a Service Academy under this subsection is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy.
  • (9) A person receiving instruction under this subsection is not subject to section 7446(d), 8458(d), or 9446(d) of this title, as the case may be.
• (b)
  • (1) The Secretary of a military department may permit a student enrolled at a military academy of a foreign country to receive instruction at the Service Academy under the jurisdiction of that Secretary in exchange for a cadet or midshipman receiving instruction at that foreign military academy pursuant to an exchange agreement entered into between the Secretary and appropriate officials of the foreign country. A student receiving instruction at a Service Academy under the exchange program under this subsection shall be in addition to persons receiving instruction at the Academy under subsection (a).
  • (2) An exchange agreement under this subsection between the Secretary and a foreign country shall provide for the exchange of students on a one-for-one basis each fiscal year. Not more than 100 cadets or midshipmen from each Service Academy and a comparable number of students from foreign military academies participating in the exchange program may be exchanged during any fiscal year. The duration of an exchange may not exceed the equivalent of one academic semester at a Service Academy.
  • (3)
    • (A) A student from a military academy of a foreign country is not entitled to the pay, allowances, and emoluments of a cadet or midshipman by reason of attendance at a Service Academy under the exchange program, and the Department of Defense may not incur any cost of international travel required for transportation of such a student to and from the sponsoring foreign country.
    • (B) The Secretary of the military department concerned may provide a student from a foreign country under the exchange program, during the period of the exchange, with subsistence, transportation within the continental United States, clothing, health care, and other services to the same extent that the foreign country provides comparable support and services to the exchanged cadet or midshipman in that foreign country.
    • (C) A Service Academy shall bear all costs of the exchange program from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with the exchange program.
    • (D) Expenditures in support of the exchange program from funds appropriated for each Academy may not exceed $1,000,000 during any fiscal year.
  • (4) Paragraphs (7), (8), and (9) of subsection (a) shall apply with respect to a student enrolled at a military academy of a foreign country while attending a Service Academy under the exchange program.
  • (5) The Secretary of the military department concerned shall prescribe regulations to implement this subsection. Such regulations may include qualification criteria and methods of selection for students of foreign military academies to participate in the exchange program.
• (c)
  • (1) The Secretary of a military department may authorize the Service Academy under the jurisdiction of that Secretary to permit students, officers, and other representatives of a foreign country to attend that Academy for periods of not more than four weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross-cultural interactions and understanding, and cultural immersion of cadets or midshipmen, as the case may be.
  • (2) Persons attending a Service Academy under paragraph (1) are not considered to be students enrolled at that Academy and are in addition to persons receiving instruction at that Academy under subsection (a) or (b).
  • (3)
    • (A) The Secretary of a military department may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Service Academy under the jurisdiction of that Secretary under paragraph (1).
    • (B) Each Service Academy shall bear the costs of the attendance of persons at that Academy under paragraph (1) from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
    • (C) Expenditures from appropriated funds in support of activities under this subsection for any Service Academy may not exceed $40,000 during any fiscal year.
• (d) In this section, the term “Service Academy” means the following:
  • (1) The United States Military Academy.
  • (2) The United States Naval Academy.
  • (3) The United States Air Force Academy.

§ 348. Aviation Leadership Program

• (a) 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)
  • (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) 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.

§ 349. Inter-American Air Forces Academy

• (a) The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training to military personnel of Central and South American countries, Caribbean countries, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq.).
• (b)
  • (1) 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) 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.
• (c) The fixed costs of operating and maintaining the Inter-American Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.

§ 350. Inter-European Air Forces Academy

• (a) The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy (in this section referred to as the “Academy”).
• (b) The purpose of the Academy shall be to provide military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents.
• (c)
  • (1) Military personnel of a country may be provided education and training under this section only with the concurrence of the Secretary of State.
  • (2) 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.
• (d) The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving education and training under this section the following:
  • (1) Transportation incident to such education and training.
  • (2) Supplies and equipment to be used during such education and training.
  • (3) Billeting, food, and health services in connection with the receipt of such education and training.
• (e) The Secretary of the Air Force may pay to a person receiving education and training under this section a living allowance at a rate to be prescribed by the Secretary, taking into account the rates of living allowances authorized for a member of the Armed Forces under similar circumstances.
• (f) Amounts for the operations and maintenance of the Academy, and for the provision of education and training through the Academy, may be paid from funds available for the Air Force for operation and maintenance.

§ 351. Inter-American Defense College

• (a) The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American Defense College, including the use of Department of Defense facilities and equipment, as the Secretary considers necessary to—
  • (1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines; and
  • (2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.
• (b)
  • (1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memorandum of understanding with the Inter-American Defense Board for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College under subsection (a).
  • (2) If Department of Defense facilities, equipment, or funds will be used to support the Inter-American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other funding arrangement relating to the use of such facilities, equipment, or funds.
  • (3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.
• (c)
  • (1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including—
    • (A) the costs of expenses of such participants;
    • (B) the cost of hiring and retaining qualified professors, instructors, and lecturers;
    • (C) curriculum support costs, including administrative costs, academic outreach, and curriculum support personnel;
    • (D) the cost of translation and interpretation services;
    • (E) the cost of information and educational technology;
    • (F) the cost of utilities; and
    • (G) the cost of maintenance and repair of facilities.
  • (2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this section.
  • (3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fiscal year.
• (d) The Secretary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title ) of the costs of funding and other host nation support provided to the Inter-American Defense College under this section if the Secretary determines that the provision of such funding or support without reimbursement is in the national security interest of the United States.
• (e) In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350 of this title .

§ 352. Naval Small Craft Instruction and Technical Training School

• (a) The Secretary of Defense may operate an education and training facility known as the “Naval Small Craft Instruction and Technical Training School” (in this section referred to as the “School”).
• (b) The Secretary of Defense shall designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
• (c) The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training under any other provision of law related to naval small craft instruction and training and to increase professionalism, readiness, and respect for human rights through formal courses of instruction or mobile training teams for—
  • (1) the operation, employment, maintenance, and logistics of specialized equipment;
  • (2) participation in—
    • (A) joint exercises; or
    • (B) coalition or international military operations; and
  • (3) improved interoperability between—
    • (A) the armed forces; and
    • (B) the military and other security forces of the one or more friendly foreign countries.
• (d) The Secretary of Defense may not provide education or training at the School to any personnel of a country that is prohibited from receiving such education or training under any other provision of law.
• (e) The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts made available for such fiscal year for operation and maintenance of the Department of Defense.
• (f) Not later than March 15 each year, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a detailed report on the activities and operating costs of the School during the preceding fiscal year.

§ 361. Prohibition on providing financial assistance to terrorist countries

• (a) Funds available to the Department of Defense may not be obligated or expended to provide financial assistance to—
  • (1) any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) 1 1 See References in Text note below. of the Export Administration Act of 1979 ( 50 U.S.C. 4605(j)(1)(A) );
  • (2) any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f ), as providing significant support for international terrorism; or
  • (3) any other country that, as determined by the President—
    • (A) grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or
    • (B) otherwise supports international terrorism.
• (b)
  • (1) The President may waive the application of subsection (a) to a country if the President determines—
    • (A) that it is in the national security interests of the United States to do so; or
    • (B) that the waiver should be granted for humanitarian reasons.
  • (2) The President shall—
    • (A) notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and
    • (B) publish a notice of the waiver in the Federal Register.
• (c) In this section, the term “international terrorism” has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f(d) ).

§ 362. Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights

• (a)
  • (1) Of the amounts made available to the Department of Defense, none may be used for any training, equipment, or other assistance for a unit of a foreign security force if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights.
  • (2) The Secretary of Defense shall, in consultation with the Secretary of State, ensure that prior to a decision to provide any training, equipment, or other assistance to a unit of a foreign security force full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit.
• (b) The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after consultation with the Secretary of State, determines that the government of such country has taken all necessary corrective steps, or if the equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.
• (c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a)(1) if the Secretary determines that the waiver is required by extraordinary circumstances.
• (d) The Secretary of Defense shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State.
• (e) Not later than 15 days after the application of any exception under subsection (b) or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the appropriate committees of Congress a report—
  • (1) in the case of an exception under subsection (b), providing notice of the use of the exception and stating the grounds for the exception; and
  • (2) in the case of a waiver under subsection (c), describing—
    • (A) the information relating to the gross violation of human rights;
    • (B) the extraordinary circumstances that necessitate the waiver;
    • (C) the purpose and duration of the training, equipment, or other assistance; and
    • (D) the United States forces and the foreign security force unit involved.

§ 381. Consolidated budget

• (a) 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) 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.

§ 382. Execution and administration of programs and activities

• (a) 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)
  • (1) 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) 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)
  • (1) 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) 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 .

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

• (a) 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)
  • (1) 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) 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)
  • (1) 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) 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)
  • (1) 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) 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.

§ 384. Department of Defense security cooperation workforce development

• (a) 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) 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) 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) The Program shall be managed by the Director of the Defense Security Cooperation Agency.
• (e)
  • (1) 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) 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) 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)
  • (1) 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) 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) 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) 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).

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

• (a) 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) 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) The amount of support provided pursuant to subsection (a) in any fiscal year may not exceed $75,000,000.
• (d) 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).

§ 386. Annual report

• (a) 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) 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) The authorities specified in this subsection are the following authorities (or any successor authorities):
  • (1) Sections 246, 251, 252, 253, 1 1 See References in Text note below. 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)
  • (1) 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) 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) 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.