(a)
(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) Air domain awareness operations.
(8) 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.
(9) Cyberspace security and defensive cyberspace operations.
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(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)
(4)
(d)
(1)
(2)
(3)
(e)
(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)
(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)
(2)
(A)
(B)
(Added Pub. L. 114–328, div. A, title XII, §1241(d)(1), Dec. 23, 2016, 130 Stat. 2500; amended Pub. L. 115–91, div. A, title XII, §1204(b), Dec. 12, 2017, 131 Stat. 1643; Pub. L. 115–232, div. A, title XII, §§1201, 1203(c), Aug. 13, 2018, 132 Stat. 2016; Pub. L. 116–92, div. A, title XII, §1201, Dec. 20, 2019, 133 Stat. 1620; Pub. L. 116–283, div. A, title XII, §1201, Jan. 1, 2021, 134 Stat. 3908.)
The Foreign Assistance Act of 1961, referred to in subsec. (e)(5), (9)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
A prior section 333 was renumbered section 253 of this title.
2021—Subsec. (a)(7), (8). Pub. L. 116–283, §1201(1), (2), added par. (7) and redesignated former par. (7) as (8).
Subsec. (a)(9). Pub. L. 116–283, §1201(3), added par. (9).
2019—Subsec. (a)(7). Pub. L. 116–92, §1201(a), inserted "existing" before "international coalition operation".
Subsec. (e)(9). Pub. L. 116–92, §1201(b), added par. (9).
2018—Subsec. (b)(2). Pub. L. 115–232, §1201, inserted at end "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."
Subsec. (c)(1). Pub. L. 115–232, §1203(c)(1), inserted "supporting security cooperation programs under this section" after "small-scale construction".
Subsec. (e)(8). Pub. L. 115–232, §1203(c)(2), added par. (8).
2017—Subsec. (c)(2)(A). Pub. L. 115–91, §1204(b)(1)(A), substituted "the rule of law, and civilian control of the military" for "and the rule of law".
Subsec. (c)(2)(B). Pub. L. 115–91, §1204(b)(1)(B), substituted "Institutional capacity building" for "Respect for civilian control of the military".
Subsec. (c)(3). Pub. L. 115–91, §1204(b)(2), in heading, substituted "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" for "Human rights training" and in text, inserted "or the Department of State" after "Department of Defense" and substituted "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" for "human rights training that includes a comprehensive curriculum on human rights and the law of armed conflict".
Subsec. (c)(4). Pub. L. 115–91, §1204(b)(3), substituted "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." for "that the Department is already undertaking, or will undertake as part of the program, a program of institutional capacity building with appropriate institutions of such foreign country that is complementary to the program with respect to such foreign country under subsection (a)." and struck out at end "The purpose of the program of institutional capacity building shall be to enhance the capacity of such foreign country to exercise responsible civilian control of the national security forces of such foreign country."
Pub. L. 116–283, div. A, title XII, §1256, Jan. 1, 2021, 134 Stat. 3956, provided that:
"(a)
"(1) to enhance the cyber security, resilience, and readiness of the military forces of Vietnam, Thailand, and Indonesia; and
"(2) to increase regional cooperation between the United States and Vietnam, Thailand, and Indonesia on cyber issues.
"(b)
"(1) Provision of training to military officers and civilian officials in the ministries of defense of Vietnam, Thailand, and Indonesia.
"(2) The facilitation of regular dialogues and trainings among the Department of Defense and the ministries of defense of Vietnam, Thailand, and Indonesia with respect to the development of infrastructure to protect against foreign cyber attacks.
"(3) To undertake, as part of cyber cooperation, training that includes curricula expressly relating to human rights, the rule of law, and internet freedom.
"(c)
"(1)
"(2)
"(A) a description of the activities conducted and the results of such activities;
"(B) an assessment of reforms relevant to cybersecurity and technology in enhancing the cyber security, resilience, and readiness of the military forces of Vietnam, Thailand, and Indonesia;
"(C) an assessment of the effectiveness of curricula relating to human rights, the rule of law, and internet freedom; and
"(D) the content and curriculum of any program made available to participants of such program.
"(d)
"(e)
"(f)
"(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
"(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives."
Pub. L. 114–328, div. A, title XII, §1241(d)(4), Dec. 23, 2016, 130 Stat. 2504, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall prescribe, and submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], initial policy guidance on roles, responsibilities, and processes in connection with programs and activities authorized by section 333 of title 10, United States Code, as so added. Not later than 270 days after the date of the enactment of this Act, the Secretary shall prescribe, and submit to the congressional defense committees, final policy guidance on roles, responsibilities, and processes in connection with such programs and activities."
Pub. L. 114–92, div. A, title XII, §1251, Nov. 25, 2015, 129 Stat. 1070, as amended by Pub. L. 114–328, div. A, title XII, §1233, Dec. 23, 2016, 130 Stat. 2489; Pub. L. 115–91, div. A, title XII, §1205, Dec. 12, 2017, 131 Stat. 1643; Pub. L. 116–92, div. A, title XII, §1247(a), Dec. 20, 2019, 133 Stat. 1662; Pub. L. 116–283, div. A, title XII, §1243, Jan. 1, 2021, 134 Stat. 3947, provided that:
"(a)
"(b)
"(1) provided in the course of the conduct of a multilateral exercise in which the United States Armed Forces are a participant;
"(2) comparable to or complimentary of the types of training the United States Armed Forces receive in the course of such multilateral exercise; and
"(3) for any purpose as follows:
"(A) To enhance and increase the interoperability of the security forces to be trained to increase their ability to participate in coalition efforts led by the United States or the North Atlantic Treaty Organization (NATO).
"(B) To increase the capacity of such security forces to respond to external threats.
"(C) To increase the capacity of such security forces to respond to hybrid warfare.
"(D) To increase the capacity of such security forces to respond to calls for collective action within the North Atlantic Treaty Organization.
"(c)
"(1)
"(A) Countries that are a signatory to the Partnership for Peace Framework Documents, but not a member of the North Atlantic Treaty Organization.
"(B) Countries that became a member of the North Atlantic Treaty Organization after January 1, 1999.
"(2)
"(d)
"(1)
"(2)
"(A) Amounts authorized to be appropriated for a fiscal year for operation and maintenance, Army, and available for the Combatant Commands Direct Support Program for that fiscal year.
"(B) Amounts authorized to be appropriated for a fiscal year for operation and maintenance, Defense-wide, and available for the Wales Initiative Fund for that fiscal year.
"(C) Amounts authorized to be appropriated for a fiscal year for overseas contingency operations for operation and maintenance, Army, and available for additional activities for the European Deterrence Initiative for that fiscal year.
"(3)
"(4)
"(A)
"(B)
"(i) to require reimbursement of incremental expenses from non-developing countries determined pursuant to subsection (c) to be eligible for the provision of training under subsection (a); and
"(ii) to provide for a waiver of the requirement of reimbursement of incremental expenses under clause (i), on a case-by-case basis, if the Secretary of Defense determines special circumstances exist to provide for the waiver.
"(C)
"(D)
"(e)
"(f)
"(1) is in addition to any other authority provided by law authorizing the provision of training for the national security forces of a foreign country, including chapter 16 of title 10, United States Code; and
"(2) shall not be construed to include authority for the training of irregular forces, groups, or individuals.
"(g)
"(h)
Pub. L. 114–92, div. A, title XII, §1263, Nov. 25, 2015, 129 Stat. 1073, as amended by Pub. L. 114–328, div. A, title XII, §1289, Dec. 23, 2016, 130 Stat. 2555; Pub. L. 115–232, div. A, title XII, §1252, Aug. 13, 2018, 132 Stat. 2053; Pub. L. 116–92, div. A, title XII, §§1251, 1252(a), Dec. 20, 2019, 133 Stat. 1666–1668, provided that:
"(a)
"(1)
"(A) to provide assistance to national military or other security forces of such countries that have among their functional responsibilities maritime security missions; and
"(B) to provide training to ministry, agency, and headquarters level organizations for such forces.
"(2)
"(b)
"(1) Indonesia.
"(2) Malaysia.
"(3) The Philippines.
"(4) Thailand.
"(5) Vietnam.
"(6) Bangladesh.
"(7) Sri Lanka.
"(8) The Federated States of Micronesia.
"(9) The Independent State of Samoa.
"(10) The Kingdom of Tonga.
"(11) Papua New Guinea.
"(12) The Republic of Fiji.
"(13) The Republic of Kiribati.
"(14) The Republic of the Marshall Islands.
"(15) The Republic of Nauru.
"(16) The Republic of Palau.
"(17) The Republic of Vanuatu.
"(18) The Solomon Islands.
"(19) Tuvalu.
"(c)
"(1)
"(2)
"(A) Observance of and respect for the law of armed conflict, the rule of law, and human rights and fundamental freedoms.
"(B) Respect for legitimate civilian authority within the country to which the assistance is provided.
"(d)
"(e)
"(1)
"(2)
"(A) Brunei.
"(B) Singapore.
"(C) Taiwan.
"(D) India.
"(f)
"(1)
"(2)
"(g)
"(1)
"(A) The recipient foreign country, the specific unit or units whose capacity to engage in activities under a program of assistance or training to be provided under subsection (a) will be built under the program, and the amount, type, and purpose of the support to be provided.
"(B) A detailed justification of the program for the provision of the assistance or training concerned, and its relationship to United States security interests.
"(C) The budget for the program, including a timetable of planned expenditures of funds to implement the program, an implementation timeline for the program with milestones (including anticipated delivery schedules for any assistance under the program), the military department or component responsible for management of the program, and the anticipated completion date for the program.
"(D) A description of the arrangements, if any, to support host nation sustainment of any capability developed pursuant to the program, and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date, if applicable.
"(E) A description of the program objectives and an assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient force.
"(F) Information, including the amount, type, and purpose, on assistance and training provided under subsection (a) during the three preceding fiscal years, if applicable.
"(G) A description of the elements of the theater campaign plan of the geographic combatant command concerned and the interagency integrated country strategy that will be advanced by the assistance and training provided under subsection (a).
"(H) A description of whether assistance and training provided under subsection (a) could be provided pursuant to—
"(i) section 333 of title 10, United States Code, or other security cooperation authorities of the Department of Defense; or
"(ii) security cooperation authorities of the Department of State.
"(I) An identification of each such authority described in subparagraph (H).
"(J) Such other matters as the Secretary considers appropriate.
"(2)
"(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.
"(h)
"(1)
"(A) An assessment, by recipient foreign country, of—
"(i) the country's capabilities relating to maritime security and maritime domain awareness;
"(ii) the country's capability enhancement priorities, including how such priorities relate to the theater campaign strategy, country plan, and theater campaign plan relating to maritime security and maritime domain awareness;
"(B) A discussion, by recipient foreign country, of—
"(i) priority capabilities that the Department of Defense plans to enhance under the authority under subsection (a) and priority capabilities the Department plans to enhance under separate United States security cooperation and security assistance authorities; and
"(ii) the anticipated timeline for assistance and training for each such capability.
"(C) Information, by recipient foreign country, on the status of funds allocated for assistance and training provided under subsection (a), including funds allocated but not yet obligated or expended.
"(D) Information, by recipient foreign country, on the delivery and use of assistance and training provided under subsection (a).
"(E) Information, by recipient foreign country, on the timeliness of the provision of assistance and training under subsection (a) as compared to the timeliness of the provision of assistance and training previously provided to the foreign country under subsection (a).
"(F) A description of the reasons the Department of Defense chose to utilize the authority for assistance and training under subsection (a) in the preceding calendar year.
"(G) An explanation of any impediments to timely obligation or expenditure of funds allocated for assistance and training under subsection (a) or any significant delay in the delivery of such assistance and training.
"(2)
"(i)
"(j)
Pub. L. 113–291, div. A, title XII, §1206, Dec. 19, 2014, 128 Stat. 3538, as amended by Pub. L. 115–232, div. A, title XII, §1205(c), Aug. 13, 2018, 132 Stat. 2018, authorized the Secretary of Defense to conduct human rights training of security forces and associated security ministries of foreign countries and terminated such authority on Sept. 30, 2020.