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10 U.S.C. § 331 — Friendly foreign countries: authority to provide support for conduct of operations

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 331 — Friendly foreign countries: authority to provide support for conduct of operations

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Stable record: federal_law:legal_authorities:record_usc_2804262a10d69f4fd425ca8f
Source file: Laws/federal/codes/united-states-code/title-10/section-331-friendly-foreign-countries-authority-to-provide-support-for-conduct-of-o--816fbb3c5f.md
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Source location: Title 10, Chapter 16, § 331; chapter-016-security-cooperation.md

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**(a) Authority.—** The Secretary of Defense may provide support to friendly foreign countries in connection with the conduct of operations designated pursuant to subsection (b). **(b) Designated Operations.—** (1) **In general.—** — The Secretary of Defense shall designate the operations for which support may be provided under the authority in subsection (a). (2) **Notice to congress.—** — The Secretary shall notify the appropriate committees of Congress of the designation of any operation pursuant to this subsection. (3) **Annual review for continuing designation.—** — 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) Types of Support Authorized.—** 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) Certification Required.—** (1) **Operations in which the united states is not participating.—** — 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) **Accompanying report.—** — 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) A description of each entity with which the applicable friendly foreign country is engaged in hostilities and whether each such entity is covered by an authorization for the use of military force. (F) Such other matters as the Secretary of Defense and the Secretary of State consider significant to a consideration of such certification. **(e) Secretary of State Concurrence.—** The provision of support under subsection (a) may be made only with the concurrence of the Secretary of State. **(f) Support Otherwise Prohibited by Law.—** 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) Limitations on Value.—** (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) Logistic Support, Supplies, and Services Defined.—** In this section, the term “logistic support, supplies, and services” has the meaning given that term in [section 2350(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350/1&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 251 — Federal aid for State governments

Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2350 — Definitions

In this subchapter: (1) The term “logistic support, supplies, and services” means food, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communications services, medical services, ammunition, base operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. Such term includes temporary use of general purpose vehicles and other nonlethal items of military equipment which are not designated as significant military equipment on the United States Munitions List promulgated pursuant to section 38(a)(1) of the Arms Export Control Act. (2) The term “North Atlantic Treaty Organization subsidiary bodies” means— (A) any organization within the meaning of the term “subsidiary bodies” in article I of the multilateral treaty on the Status of the North Atlantic Treaty Organisation, National Representatives and International Staff, signed at Ottawa on September 20, 1951 (TIAS 2992; 5 UST 1087); and (B) any international military headquarters or organization to which the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty, signed at Paris on August 28, 1952 (TIAS 2978; 5 UST 870), applies. (3) The term “military region” means the geographical area of responsibility assigned to the commander of a unified combatant command (excluding Europe and adjacent waters). (4) The term “transfer” means selling (whether for payment in currency, replacement-in-kind, or exchange of supplies or services of equal value), leasing, loaning, or otherwise temporarily providing logistic support, supplies, and services under the terms of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2350

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 127c — Purchase of weapons overseas: force protection

**(a) Authority.—** When elements of the armed forces are engaged in ongoing military operations in a country, the Secretary of Defense may, for the purpose of protecting United States forces in that country, purchase weapons from any foreign person, foreign government, international organization, or other entity located in that country. **(b) Limitation.—** The total amount expended during any fiscal year for purchases under this section may not exceed $15,000,000. **(c) Semiannual Congressional Report.—** In any case in which the authority provided in subsection (a) is used during the period of the first six months of a fiscal year, or during the period of the second six months of a fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the use of that authority during that six-month period. Each such report shall be submitted not later than 30 days after the end of the six-month period during which the authority is used. Each such report shall include the following: (1) The number and type of weapons purchased under subsection (a) during that six-month period covered by the report, together with the amount spent for those weapons and the Secretary’s estimate of the fair market value of those weapons. (2) A description of the dispositions (if any) during that six-month period of weapons purchased under subsection (a).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 127c

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 127d — Support of special operations for irregular warfare

**(a) Authority.—** The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. **(b) Funds.—** Funds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance. **(c) Procedures.—** (1) **In general.—** — The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) **Elements.—** — The procedures required under paragraph (1) shall establish, at a minimum, the following: (A) Policy guidance for the execution of, and constraints within, activities under the authority in this section. (B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. (D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. (E) The processes by which the Department shall keep the congressional defense committees fully and curren

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 127d

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 386 — Annual report

**(a) Annual Report Required.—** Not later than March 31 of each year, the Secretary of Defense shall submit to the appropriate congressional committees a report that sets forth, on a country-by-country basis, an overview of security cooperation activities carried out by the Department of Defense during the fiscal year in which such report is submitted, using the authorities specified in subsection (b). **(b) Elements of Report.—** Each report required under subsection (a) shall include, with respect to each country and for the entirety of the period covered by such report, the following: (1) A narrative summary that provides— (A) a brief overview of the primary security cooperation objectives for the activities encompassed by the report; and (B) a description of how such activities advance the theater security cooperation strategy of the relevant geographic combatant command. (2) A table that includes an aggregated amount with respect to each of the following: (A) With respect to [section 331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section331&num=0&edition=prelim), the value of all logistic support, supplies, and services for which notice is required by such section. (B) With respect to amounts made available for [section 332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section332/a&num=0&edition=prelim), the Department of Defense cost to provide any Department personnel as advisors to a ministry of defense. (C) With respect to amounts made available for [section 332(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section332/b&num=0&edition=prelim), the Department of Defense incremental execution costs to conduct activities unde

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 386

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 331 — Friendly foreign countries: authority to

Page 370 TITLE 10—ARMED FORCES § 331 (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) REPORTS.—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 speci- fy 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 mem- bers of the armed forces involved, and ex- penses paid. (3) The extent of participation by foreign military forces, including the number and service affiliation of foreign military per- sonnel involved and physical and financial contribution of each host nation to the train- ing effort. (4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise pro- grams 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 du- ration exercises, and other similar unit train- ing 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 train- ing benefit to Unite

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 331

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