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10 U.S.C. § 333 — Foreign security forces: authority to build capacity
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense is authorized to conduct or support a program or programs to provide training and equipment to the national security forces of one or more foreign countries for the purpose of building the capacity of such forces to conduct one or more of the following:
(1) Counterterrorism operations.
(2) Counter-weapons of mass destruction operations.
(3) Counter-illicit drug trafficking operations.
(4) Counter-transnational organized crime operations.
(5) Maritime and border security operations.
(6) Military intelligence operations.
(7) 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) Concurrence and Coordination With Secretary of State.—**
(1) **Concurrence in conduct of programs.—** — The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).
(2) **Joint development and planning of programs.—** — The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). 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) **Implementation of programs.—** — The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). Th
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Source file: Laws/federal/codes/united-states-code/title-10/section-333-foreign-security-forces-authority-to-build-capacity--f1f560f572.md
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Source location: Title 10, Chapter 16, § 333; chapter-016-security-cooperation.md
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**(a) Authority.—** The Secretary of Defense is authorized to conduct or support a program or programs to provide training and equipment to the national security forces of one or more foreign countries for the purpose of building the capacity of such forces to conduct one or more of the following:
(1) Counterterrorism operations.
(2) Counter-weapons of mass destruction operations.
(3) Counter-illicit drug trafficking operations.
(4) Counter-transnational organized crime operations.
(5) Maritime and border security operations.
(6) Military intelligence operations.
(7) 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) Concurrence and Coordination With Secretary of State.—**
(1) **Concurrence in conduct of programs.—** — The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).
(2) **Joint development and planning of programs.—** — The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). 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) **Implementation of programs.—** — The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). The Secretary of Defense and the Secretary of State shall each designate an individual responsible for program coordination under this paragraph at the lowest appropriate level in the Department concerned.
(4) **Coordination in preparation of certain notices.—** — Any notice required by this section to be submitted to the appropriate committees of Congress shall be prepared in coordination with the Secretary of State.
**(c) Types of Capacity Building.—**
(1) **Authorized elements.—** — A program under subsection (a) may include the provision and sustainment of defense articles, training, defense services, supplies (including consumables), and small-scale construction supporting security cooperation programs under this section.
(2) **Required elements.—** — A program under subsection (a) shall include elements that promote the following:
(A) Observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.
(B) Institutional capacity building.
(3) **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.—** — 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) **Institutional capacity building.—** — In order to meet the requirement in paragraph (2)(B) with respect to a particular foreign country under a program under subsection (a), the Secretary shall certify, prior to the initiation of the program, that the Department 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) Limitations.—**
(1) **Assistance otherwise prohibited by law.—** — The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law.
(2) **Prohibition on assistance to units that have committed gross violations of human rights.—** — The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of [section 362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section362&num=0&edition=prelim).
(3) **Duration of sustainment support.—** — Sustainment support may not be provided pursuant to a program under subsection (a), or for equipment previously provided by the Department of Defense under any authority available to the Secretary during fiscal year 2015 or 2016, for a period in excess of five years unless the notice on the program pursuant to subsection (e) includes the information specified in paragraph (7) of subsection (e).
**(e) Notice and Wait on Activities Under Programs.—** Not later than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a written and electronic notice of the following:
(1) The foreign country, and specific unit, whose capacity to engage in activities specified in subsection (a) will be built under the program, and the amount, type, and purpose of the support to be provided.
(2) A detailed evaluation of the capacity of the foreign country and unit to absorb the training or equipment to be provided under the program.
(3) The cost, implementation timeline, and delivery schedule for assistance under the program.
(4) A description of the arrangements, if any, for the sustainment of the program and the estimated cost and source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.
(5) Information, including the amount, type, and purpose, on the security assistance provided the foreign country during the three preceding fiscal years pursuant to authorities under this title, the Foreign Assistance Act of 1961, and any other train and equip authorities of the Department of Defense.
(6) A description of the elements of the theater security cooperation plan of the geographic combatant command concerned, and of the interagency integrated country strategy, that will be advanced by the program.
(7) In the case of a program described in subsection (d)(3), each of the following:
(A) A written justification that the provision of sustainment support described in that subsection for a period in excess of five years will enhance the security interest of the United States.
(B) To the extent practicable, a plan to transition such sustainment support from funding through the Department to funding through another security sector assistance program of the United States Government or funding through partner nations.
(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) Semi-Annual Monitoring Reports.—** The Director of the Defense Security Cooperation Agency shall, on a semi-annual basis, submit to the appropriate committees of Congress a report setting forth, for the preceding 180 days, the following:
(1) Information, by recipient country, of the delivery and execution status of all defense articles, training, defense services, supplies (including consumables), and small-scale construction under programs under subsection (a).
(2) Information on the timeliness of delivery of defense articles, defense services, supplies (including consumables), and small-scale construction when compared with delivery schedules for such articles, services, supplies, and construction previously provided to Congress.
(3) Information, by recipient country, on the status of funds allocated for programs under subsection (a), including amounts of unobligated funds, unliquidated obligations, and disbursements.
**(g) Funding.—**
(1) **Sole source of funds.—** — Amounts for programs carried out pursuant to subsection (a) in a fiscal year, and for other purposes in connection with such programs as authorized by this section, may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for such programs and purposes.
(2) **Availability of funds for programs across fiscal years.—** — Amounts available in fiscal year 2025 or any subsequent 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 third fiscal year thereafter.
**(h) Equipment Disposition; Notice and Wait.—**
(1) The Secretary of Defense may treat as stocks of the Department of Defense—
(A) equipment procured to carry out a program pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such program or any other program carried out pursuant to such subsection; and
(B) equipment that has been transferred to a foreign country to carry out a program pursuant to subsection (a) and is returned by the foreign country to the United States.
(2) **Notice and wait.—** — 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:
(A) The foreign country, and specific unit, whose capacity was intended to be built under the program, and the amount, type, and purpose of the equipment that was to be provided.
(B) An explanation why the equipment is no longer needed to support such program or another program carried out pursuant to such subsection.
**(i) International Agreements.—**
(1) **In general.—** — The Secretary of Defense, with the concurrence of the Secretary of State, may—
(A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and
(B) enter into an agreement with a foreign country to provide such sole-source direction.
(2) **Notification.—** — Not later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following:
(A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement.
(B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement.
(C) An assessment of the extent to which the equipment to be provided under the agreement—
(i) responds to the needs of the foreign country; and
(ii) can be sustained by the foreign country.
(D) A determination as to whether the anticipated costs to be incurred under the agreement are fair and reasonable.
(E) A certification that the agreement is in the national security interests of the United States.
(F) Any other matter relating to the agreement, as determined by the Secretary of Defense.
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Federal law — U.S. Code and appendices · legal_authorities
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(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) Exception.—** 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) Waiver.—** 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) Procedures.—** 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) Report.—** 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 commi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 362
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—** The Secretary of Defense shall maintain a program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities of the Department of Defense.
**(b) Program Elements and Requirements.—**
(1) **Elements.—** — The program under subsection (a) shall provide for the following:
(A) Initial assessments of partner capability requirements, potential programmatic risks, baseline information, and indicators of efficacy for purposes of planning, monitoring, and evaluation of security cooperation programs and activities of the Department of Defense.
(B) Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent possible, achievement of desired outcomes.
(C) Evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes.
(D) Identification of lessons learned in carrying out such programs and activities, and development of recommendation for improving future security cooperation programs and activities of the Department of Defense.
(E) Incorporation of lessons learned from prior security cooperation programs and activities of the Department of Defense that were carried out any time on or after September 11, 2001.
(2) **Best practices.—** — The program shall be conducted in accordance with international best practices, interagency standards, and, if applicable, the Government Performance and Results Act of 1993 (Public Law 103–62), and the amendments made by that Act, and the GPRA Modernization Act of 2010 (Public Law 111–352), and the amendments made by that Act.
**(c) Availability of Funds.—**
(1) **In general.—** — Funds available to the Defense Security Cooperation Agency, and other fun
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 383
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)).
(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 113–291, div. A, title XII, § 1205(a)(1), Dec. 19, 2014, 128 Stat. 3533, related to authority to build the capacity of foreign security forces. See [section 333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section333&num=0&edition=prelim).
A prior section 2282, added Pub. L. 106–398, § 1 [[div. A], title I, § 131(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–28; amended Pub. L. 108–136, div. A, title X, § 1031(a)(14), Nov. 24, 2003, 117 Stat. 1597, related to annual report on the B–2 bomber aircraft, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(13)(A), Dec. 31, 2011, 125 Stat. 1583.
#### Effective Date of Repeal
Pub. L. 114–328, div. A, title XII, § 1241(d)(5), Dec. 23, 2016, 130 Stat. 2504, provided that the repeal of this section is effective as of the date that is 270 days after Dec. 23, 2016.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2282
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty** The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
**(b) Limitation on the use of funds** No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Government official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
**(c) Notification of Treaty action**
(1) **Consultation** — Prior to the notification described in paragraph (2), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.
(2) **Notification** — The President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action.
**(d) Rule of construction** Nothing in this section shall be construed to authorize, imply, or otherwise indica
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Federal law — U.S. Code and appendices · legal_authorities
Page 374
TITLE 10—ARMED FORCES
§ 333
‘‘(D) civilian control of the military.
‘‘(9) Establish mechanisms for effective civilian
oversight of defense and national security legal insti-
tutions and legal matters.
‘‘(c) ELEMENTS.—The initiative under subsection (a)
shall include the following elements:
‘‘(1) A measure for monitoring the implementation
of the initiative and evaluating the efficiency and ef-
fectiveness of the initiative, in accordance with sec-
tion 383 of title 10, United States Code.
‘‘(2) An assessment of the organizational weak-
nesses for legal institutional capacity building of the
applicable foreign country, including baseline infor-
mation, an assessment of gaps in the capability and
capacity of the appropriate institutions of such coun-
try, and any other indicator of efficacy, in accord-
ance with section 383 of title 10, United States Code.
‘‘(3) An engagement plan for building legal institu-
tional capacity that addresses the weaknesses identi-
fied under paragraph (2), including objectives, mile-
stones, and a timeline.
‘‘(d) REPORTS.—
‘‘(1) IN
GENERAL.—Beginning in fiscal year 2020
through the fiscal year in which the initiative under
subsection (a) terminates, the Secretary of Defense
shall submit to the appropriate committees of Con-
gress an annual report on the legal institutional ca-
pacity building activities carried out under this sec-
tion.
‘‘(2) INTEGRATION INTO OTHER CAPACITY BUILDING RE-
PORTS.—The report submitted under paragraph (1) for
a fiscal year shall be integrated into the report re-
quired pursuant to subsection (b)(2) of section 332 of
title 10, United States Code, for the fourth fiscal year
quarter of such fiscal year.
‘‘(3) MATTERS
TO
BE
INCLUDED.—Each report sub-
mitted under paragraph (1) shall includ
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 333
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