10 U.S.C. § 333 — Foreign security forces: authority to build

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 include the fol- lowing: ‘‘(A) The same information required under sub- section (b)(2) of section 332 of title 10, United States Code. ‘‘(B) The names of the one or more countries in which the initiative was conducted. ‘‘(C) For each such country— ‘‘(i) the purpose of the initiative; ‘‘(ii) the objectives, milestones, and timeline of the initiative; ‘‘(iii) the number and type of advisors assigned and deployed to the country, as applicable; and ‘‘(iv) an assessment of the progress of the imple- mentation of the initiative. ‘‘(e) SUNSET.—The initiative under subsection (a) shall terminate on December 31, 2028. ‘‘(f) FUNDING.—Amounts for programs carried out pursuant to subsection (a) in a fiscal year, and for other purposes in connection with such programs as au- thorized 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 De- fense Security Cooperation Agency for such programs and purposes.’’ § 333. Foreign security forces: authority to build capacity (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 for- eign countries for the purpose of building the ca- pacity of such forces to conduct one or more of the following: (1) Counterterrorism operations. (2) Counter-weapons of mass destruction op- erations. (3) Counter-illicit drug trafficking oper- ations. (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 oper- ation that is determined by the Secretary to be in the national interest of the United States. (9) Cyberspace security and defensive cyber- space operations. (b) CONCURRENCE AND COORDINATION WITH SEC- RETARY 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 sub- section (a). In developing and planning a pro- gram to build the capacity of the national se- curity forces of a foreign country under sub- section (a), the Secretary of Defense and Sec- retary of State should jointly consider polit- ical, social, economic, diplomatic, and histor- ical factors, if any, of the foreign country that may impact the effectiveness of the program. (3) IMPLEMENTATION OF PROGRAMS.—The Sec- retary 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 Depart- ment 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, de- fense 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 pro- mote the following: (A) Observance of and respect for the law of armed conflict, human rights and funda- mental freedoms, the rule of law, and civil- ian control of the military. (B) Institutional capacity building. (3) OBSERVANCE OF AND RESPECT FOR THE LAW OF ARMED CONFLICT, HUMAN RIGHTS AND FUNDA- MENTAL FREEDOMS, THE RULE OF LAW, AND CI- VILIAN 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 Sec- retary of Defense shall certify, prior to the initiation of the program, that the Depart- ment of Defense or the Department of State is already undertaking, or will undertake as part of the security sector assistance provided to Page 375 TITLE 10—ARMED FORCES § 333 the foreign country concerned, training that includes a comprehensive curriculum on the law of armed conflict, human rights and fun- damental freedoms, and the rule of law, and that enhances the capacity to exercise respon- sible civilian control of the military, as appli- cable, 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 initi- ation 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 appro- priate institutions of such foreign country to enhance the capacity of such foreign country to organize, administer, employ, manage, maintain, sustain, or oversee the national se- curity 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 sub- ject to the provisions of section 362 of this title. (3) DURATION OF SUSTAINMENT SUPPORT.— Sustainment support may not be provided pur- suant to a program under subsection (a), or for equipment previously provided by the Depart- ment 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 para- graph (7) of subsection (e). (e) NOTICE AND WAIT ON ACTIVITIES UNDER PRO- GRAMS.—Not later than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the ap- propriate committees of Congress a written and electronic notice of the following: (1) The foreign country, and specific unit, whose capacity to engage in activities speci- fied 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 pro- gram. (4) A description of the arrangements, if any, for the sustainment of the program and the es- timated cost and source of funds to support sustainment of the capabilities and perform- ance outcomes achieved under the program be- yond its completion date, if applicable. (5) Information, including the amount, type, and purpose, on the security assistance pro- vided the foreign country during the three pre- ceding 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 the- ater security cooperation plan of the geo- graphic combatant command concerned, and of the interagency integrated country strat- egy, that will be advanced by the program. (7) In the case of a program described in sub- section (d)(3), each of the following: (A) A written justification that the provi- sion 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 con- struction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned in- frastructure investments at the location over the next 5 years. (9) In the case of a program described in sub- section (a), each of the following: (A) A description of whether assistance under the program could be provided pursu- ant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Depart- ment of Defense. (B) An identification of each such author- ity 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 fol- lowing: (1) Information, by recipient country, of the delivery and execution status of all defense ar- ticles, training, defense services, supplies (in- cluding consumables), and small-scale con- struction under programs under subsection (a). (2) Information on the timeliness of delivery of defense articles, defense services, supplies (including consumables), and small-scale con- struction when compared with delivery sched- ules 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 unobli- gated funds, unliquidated obligations, and dis- bursements. (g) FUNDING.— (1) SOLE SOURCE OF FUNDS.—Amounts for pro- grams carried out pursuant to subsection (a) in a fiscal year, and for other purposes in con- Page 376 TITLE 10—ARMED FORCES § 333 nection 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 Co- operation Agency for such programs and pur- poses. (2) AVAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL YEARS.—Amounts made avail- able in fiscal year 2025 or any subsequent fis- cal year to carry out the authority in sub- section (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 fis- cal 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 pro- gram pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such pro- gram or any other program carried out pur- suant 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 sub- section (a); and (B) enter into an agreement with a foreign country to provide such sole-source direc- tion. (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 com- mittees a written notification that includes the following: (A) A description of the parameters of the agreement, including types of support, ob- jectives, and duration of support and co- operation under the agreement. (B) A description and justification of any anticipated use of sole-source direction pur- suant 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 coun- try. (D) A determination as to whether the an- ticipated 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. (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; Pub. L. 117–263, div. A, title XII, § 1202(c), Dec. 23, 2022, 136 Stat. 2823; Pub. L. 118–31, div. A, title XII, § 1203(b), (c), Dec. 22, 2023, 137 Stat. 441, 442; Pub. L. 118–159, div. A, title XII, § 1201(a), Dec. 23, 2024, 138 Stat. 2093.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (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. PRIOR PROVISIONS A prior section 333 was renumbered section 253 of this title. AMENDMENTS 2024—Subsec. (g)(2). Pub. L. 118–159 amended par. (2) generally. Prior to amendment, par. (2) related to availability of funds for programs across fiscal years. 2023—Subsecs. (h), (i). Pub. L. 118–31 added subsecs. (h) and (i). 2022—Subsec. (f). Pub. L. 117–263 substituted ‘‘Semi- Annual’’ for ‘‘Quarterly’’ in heading and ‘‘a semi-an- nual’’ for ‘‘a quarterly’’ and ‘‘180 days’’ for ‘‘calendar quarter’’ in introductory provisions. 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 polit- ical, social, economic, diplomatic, and historical fac- tors, 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). Page 377 TITLE 10—ARMED FORCES § 333 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), sub- stituted ‘‘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 free- doms, the rule of law, and civilian control of the mili- tary’’ for ‘‘Human rights training’’ and in text, inserted ‘‘or the Department of State’’ after ‘‘Department of De- fense’’ and substituted ‘‘training that includes a com- prehensive curriculum on the law of armed conflict, human rights and fundamental freedoms, and the rule of law, and that enhances the capacity to exercise re- sponsible civilian control of the military’’ for ‘‘human rights training that includes a comprehensive cur- riculum on human rights and the law of armed con- flict’’. Subsec. (c)(4). Pub. L. 115–91, § 1204(b)(3), substituted ‘‘that the Department of Defense or another depart- ment or agency is already undertaking, or will under- take as part of the security sector assistance provided to the foreign country concerned, a program of institu- tional capacity building with appropriate institutions of such foreign country to enhance the capacity of such foreign country to organize, administer, employ, man- age, maintain, sustain, or oversee the national security forces of such foreign country.’’ for ‘‘that the Depart- ment 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 re- spect 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.’’ Statutory Notes and Related Subsidiaries INDO-PACIFIC CAMPAIGNING INITIATIVE Pub. L. 118–31, div. A, title XIII, § 1304, Dec. 22, 2023, 137 Stat. 489, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall es- tablish, and the Commander of the United States Indo- Pacific Command shall carry out, an Indo-Pacific Cam- paigning Initiative (in this section referred to as the ‘Initiative’) for purposes of— ‘‘(1) strengthening United States alliances and part- nerships with foreign military partners in the Indo- Pacific region; ‘‘(2) deterring military aggression by potential ad- versaries against the United States and allies and partners of the United States; ‘‘(3) dissuading strategic competitors from seeking to achieve their objectives through the conduct of military activities below the threshold of traditional armed conflict; ‘‘(4) improving the understanding of the United States Armed Forces with respect to the operating environment in the Indo-Pacific region; ‘‘(5) shaping the perception of potential adversaries with respect to United States military capabilities and the military capabilities of allies and partners of the United States in the Indo-Pacific region; and ‘‘(6) improving the ability of the United States Armed Forces to coordinate and operate with foreign military partners in the Indo-Pacific region. ‘‘(b) BRIEFING AND REPORT.— ‘‘(1) BRIEFING.—Not later than March 1, 2024, the Secretary shall provide the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Rep- resentatives] with a briefing that describes ongoing and planned campaigning activities in the Indo-Pa- cific region for fiscal year 2024. ‘‘(2) REPORT.—Not later than December 1, 2024, the Secretary shall submit to the congressional defense committees a report that— ‘‘(A) summarizes the campaigning activities con- ducted in the Indo-Pacific region during fiscal year 2024; and ‘‘(B) includes— ‘‘(i) an assessment of the value each such activ- ity contributes to meeting strategic or oper- ational objectives relative to the commitment of resources of such activity; ‘‘(ii) lessons learned in carrying out such activi- ties; ‘‘(iii) any identified resource or authority gap that has negatively impacted the implementation of the Initiative; and ‘‘(iv) proposed plans for additional campaigning activities in the Indo-Pacific region to fulfill the purposes described in subsection (a). ‘‘(c) CAMPAIGNING DEFINED.—In this section, the term ‘campaigning’— ‘‘(1) means the conduct and sequencing of logically linked military activities to achieve strategy aligned objectives, including modifying the security environ- ment over time to the benefit of the United States and the allies and partners of the United States while limiting, frustrating, and disrupting competitor ac- tivities; and ‘‘(2) includes deliberately planned military activi- ties in the Indo-Pacific region involving bilateral and multilateral engagements with foreign partners, training, exercises, demonstrations, experiments, and other activities to achieve the objectives described in subsection (a).’’ ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA Pub. L. 118–31, div. A, title XIII, § 1316, Dec. 22, 2023, 137 Stat. 498, provided that: ‘‘The Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agen- cy, shall seek to ensure that India is appropriately con- sidered for cooperative defense activities consistent with the status of India as a major defense partner of the United States, including with respect to the fol- lowing lines of effort: ‘‘(1) Eligibility for funding to initiate or facilitate cooperative research, development, testing, or eval- uation projects with the Department of Defense, with priority given to projects in the areas of— ‘‘(A) intelligence, surveillance, and reconnais- sance; ‘‘(B) undersea domain awareness; ‘‘(C) air combat and support; ‘‘(D) munitions; and ‘‘(E) mobility. ‘‘(2) Eligibility to enter into agreements with the Department of Defense for cooperative bilateral or multilateral provision of training to build capacity in the areas of— ‘‘(A) counterterrorism operations; ‘‘(B) counter-weapons of mass destruction oper- ations; ‘‘(C) counter-illicit drug trafficking operations; ‘‘(D) counter-transnational organized crime oper- ations; ‘‘(E) maritime and border security operations; ‘‘(F) military intelligence operations; ‘‘(G) air domain awareness operations; and ‘‘(H) cyberspace security and defensive cyber- space operations. ‘‘(3) Eligibility to enter into a memorandum of un- derstanding or other formal agreement with the De- partment of Defense for the purpose of conducting co- operative research and development projects on de- fense equipment and munitions. ‘‘(4) Eligibility for entities from India to bid on contracts for the maintenance, repair, or overhaul of Department of Defense equipment located outside the United States.’’ Page 378 TITLE 10—ARMED FORCES § 333 MILITARY CYBERSECURITY COOPERATION WITH HASHEMITE KINGDOM OF JORDAN Pub. L. 117–263, div. A, title XV, § 1508, Dec. 23, 2022, 136 Stat. 2885, provided that: ‘‘(a) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense, acting through the Under Sec- retary of Defense for Policy, in concurrence with the Secretary of State and in coordination with the Com- mander of the United States Cyber Command and the Commander of the United States Central Command, shall seek to engage the Ministry of Defense of the Hashemite Kingdom of Jordan for the purpose of ex- panding cooperation of military cybersecurity activi- ties. ‘‘(b) COOPERATION EFFORTS.—In expanding the co- operation of military cybersecurity activities between the Department of Defense and the Ministry of Defense of the Hashemite Kingdom of Jordan under subsection (a), the Secretary of Defense may carry out the fol- lowing efforts: ‘‘(1) Bilateral cybersecurity training activities and exercises. ‘‘(2) Efforts to— ‘‘(A) actively defend military networks, infra- structure, and systems; ‘‘(B) eradicate malicious cyber activity that has compromised those networks, infrastructure, and systems; and ‘‘(C) leverage United States commercial and mili- tary cybersecurity technology and services to harden and defend those networks, infrastructure, and systems. ‘‘(3) Establishment of a regional cybersecurity cen- ter. ‘‘(c) BRIEFINGS.— ‘‘(1) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a briefing on the implementation of this section. ‘‘(2) CONTENTS.—The briefing under paragraph (1) shall include the following: ‘‘(A) An overview of efforts undertaken pursuant to this section. ‘‘(B) A description of the feasibility and advis- ability of expanding the cooperation of military cybersecurity activities between the Department of Defense and the Ministry of Defense of the Hashemite Kingdom of Jordan. ‘‘(C) Identification of any challenges and re- sources that need to be addressed so as to expand such cooperation. ‘‘(D) Any other matter the Secretary determines relevant. ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(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 Rep- resentatives.’’ PILOT PROGRAM TO IMPROVE CYBER COOPERATION WITH COVERED FOREIGN MILITARY PARTNERS IN SOUTHEAST ASIA Pub. L. 116–283, div. A, title XII, § 1256, Jan. 1, 2021, 134 Stat. 3956, as amended by Pub. L. 118–31, div. A, title XIII, § 1315(a)–(g)(1), Dec. 22, 2023, 137 Stat. 497, 498, pro- vided that: ‘‘(a) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, may establish, using existing authorities of the Department of De- fense, a pilot program with covered foreign military partners— ‘‘(1) to enhance the cyber security, resilience, and readiness of the military forces of covered foreign military partners; and ‘‘(2) to increase regional cooperation between the United States and covered foreign military partners on defensive cyber issues. ‘‘(b) ELEMENTS.—The activities of the pilot program under subsection (a) shall include the following: ‘‘(1) Provision of training to military officers and civilian officials in the ministries of defense of cov- ered foreign military partners. ‘‘(2) The facilitation of regular dialogues and trainings among the Department of Defense and the ministries of defense of covered foreign military part- ners with respect to the development of infrastruc- ture 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) REPORTS.— ‘‘(1) DESIGN OF PILOT PROGRAM.—Not later than June 1, 2021, the Secretary of Defense, with the con- currence of the Secretary of State, shall submit to the appropriate committees of Congress a report on the design of the pilot program under subsection (a). ‘‘(2) PROGRESS REPORT.—Not later than December 31, 2021, and annually thereafter until the date on which the pilot program terminates under subsection (e), the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appro- priate committees of Congress a report on the pilot program that includes— ‘‘(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 mili- tary forces of covered foreign military partners; ‘‘(C) an assessment of the effectiveness of cur- ricula 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) CERTIFICATION.—Not later than 30 days before the date on which the pilot program under subsection (a) is scheduled to commence with any covered foreign mili- tary partner, the Secretary of Defense, with the con- currence of the Secretary of State, shall submit to the appropriate committees of Congress a certification in- dicating whether such program would credibly enable, enhance, or facilitate violations of internet freedom or other human rights abuses in the covered foreign mili- tary partner. ‘‘(e) TERMINATION.—The pilot program under sub- section (a) shall terminate on December 31, 2027. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives. ‘‘(2) COVERED FOREIGN MILITARY PARTNER.—The term ‘covered foreign military partner’ means the following: ‘‘(A) Vietnam. ‘‘(B) Thailand. ‘‘(C) Indonesia. ‘‘(D) The Philippines. ‘‘(E) Malaysia.’’ GUIDANCE 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 [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives], initial pol- icy 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. Page 379 TITLE 10—ARMED FORCES § 333 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.’’ TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES 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; Pub. L. 117–81, div. A, title XII, § 1233, Dec. 27, 2021, 135 Stat. 1974; Pub. L. 118–31, div. A, title XII, § 1249, Dec. 22, 2023, 137 Stat. 464; Pub. L. 118–159, div. A, title XIII, § 1302, Dec. 23, 2024, 138 Stat. 2110, provided that: ‘‘(a) AUTHORITY.—The Secretary of Defense may pro- vide the training specified in subsection (b), and pay the incremental expenses incurred by a country as the direct result of participation in such training, for the national security forces provided for under subsection (c). ‘‘(b) TYPES OF TRAINING.—The training provided to the national security forces of a country under sub- section (a) shall be limited to training that is— ‘‘(1) provided in the course of the conduct of a mul- tilateral 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 Organi- zation (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 with- in the North Atlantic Treaty Organization. ‘‘(c) ELIGIBLE COUNTRIES.— ‘‘(1) IN GENERAL.—Training may be provided under subsection (a) to the national security forces of the countries determined by the Secretary of Defense, with the concurrence of the Secretary of State, to be appropriate recipients of such training from among the countries as follows: ‘‘(A) Countries that are a signatory to the Part- nership 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. ‘‘(C) The Republic of Kosovo. ‘‘(D) The Republic of Cyprus. ‘‘(2) ELIGIBLE COUNTRIES.—Before providing training under subsection (a), the Secretary of Defense shall, in coordination with the Secretary of State, submit to the Committees on Armed Services of the Senate and the House of Representatives a list of the coun- tries determined pursuant to paragraph (1) to be eli- gible for the provision of training under subsection (a). ‘‘(d) FUNDING OF INCREMENTAL EXPENSES.— ‘‘(1) ANNUAL FUNDING.—Of the amounts specified in paragraph (2) for a fiscal year, up to a total of $28,000,000 may be used to pay incremental expenses under subsection (a) in that fiscal year. ‘‘(2) AMOUNTS.—The amounts specified in this para- graph are as follows: ‘‘(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 Deter- rence Initiative for that fiscal year. ‘‘(3) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL YEARS.—Amounts available in a fiscal year pursuant to this subsection may be used for incre- mental expenses of training that begins in that fiscal year and ends in the next fiscal year. ‘‘(4) REGULATIONS.— ‘‘(A) IN GENERAL.—The Secretary of Defense shall prescribe regulations for payment of incremental expenses under subsection (a). Not later than 120 days after the date of the enactment of this para- graph [Dec. 12, 2017], the Secretary shall submit the regulations to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. ‘‘(B) PROCEDURES TO BE INCLUDED.—The regula- tions required under subparagraph (A) shall include procedures— ‘‘(i) to require reimbursement of incremental expenses from non-developing countries deter- mined 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 Sec- retary of Defense determines special cir- cumstances exist to provide for the waiver. ‘‘(C) QUARTERLY REPORT.—The Secretary of De- fense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] and the Committee on Foreign Rela- tions of the Senate and the Committee on Foreign Affairs of the House of Representatives, on a quar- terly basis, a report that includes a description of each waiver of the requirement of reimbursement of incremental expenses under subparagraph (B)(i) that was in effect at any time during the preceding calendar quarter. ‘‘(D) NON-DEVELOPING COUNTRY DEFINED.—In this paragraph, the term ‘non-developing country’ means a country that is not a developing country, as such term is defined in section 301(4) of title 10, United States Code. ‘‘(e) BRIEFING TO CONGRESS ON USE OF AUTHORITY.— Not later than 90 days after the end of each fiscal year in which the authority in subsection (a) is used, the Secretary shall brief the Committees on Armed Serv- ices of the Senate and the House of Representatives on the use of the authority during such fiscal year, includ- ing each country with which training under the author- ity was conducted and the types of training provided. ‘‘(f) CONSTRUCTION OF AUTHORITY.—The authority pro- vided in subsection (a)— ‘‘(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, includ- ing 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 individ- uals. ‘‘(g) INCREMENTAL EXPENSES DEFINED.—In this sec- tion, the term ‘incremental expenses’ has the meaning given such term in section 301(5) of title 10, United States Code. ‘‘(h) TERMINATION OF AUTHORITY.—The authority under this section shall terminate on December 31, 2027. Any activity under this section initiated before that date may be completed, but only using funds available for the period beginning on October 1, 2015, and ending on December 31, 2027.’’ Page 380 TITLE 10—ARMED FORCES § 333 INDO-PACIFIC MARITIME SECURITY INITIATIVE; INDO- PACIFIC MARITIME DOMAIN AWARENESS INITIATIVE Pub. L. 118–31, div. A, title XIII, § 1305, Dec. 22, 2023, 137 Stat. 490, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense, in coordination with the Sec- retary of State, shall seek to establish an initiative with allies and partners of the United States, including Australia, Japan, and India, to be known as the ‘Indo- Pacific Maritime Domain Awareness Initiative’ (in this section referred to as the ‘Initiative’), to bolster mari- time domain awareness in the Indo-Pacific region. ‘‘(b) USE OF AUTHORITIES.—In carrying out the Initia- tive, the Secretary of Defense may use the authorities provided in chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense. ‘‘(c) PURPOSES.—The purposes of the Initiative are as follows: ‘‘(1) To enhance the ability of allies and partners of the United States in the Indo-Pacific region to mon- itor the maritime domain of such region. ‘‘(2) To utilize emerging technologies to support maritime domain awareness objectives. ‘‘(3) To provide a comprehensive understanding of the maritime domain in the Indo-Pacific region, in- cluding by facilitating information sharing among such allies and partners.’’ 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; Pub. L. 117–81, div. A, title XII, § 1241, Dec. 27, 2021, 135 Stat. 1976; Pub. L. 117–263, div. A, title XII, § 1252, Dec. 23, 2022, 136 Stat. 2850; Pub. L. 118–159, div. A, title XIII, § 1312, Dec. 23, 2024, 138 Stat. 2112, provided that: ‘‘(a) ASSISTANCE AND TRAINING.— ‘‘(1) IN GENERAL.—The Secretary of Defense is au- thorized, with the concurrence of the Secretary of State, with the primary goal of increasing multilat- eral maritime security cooperation and maritime do- main awareness of foreign countries in the area of re- sponsibility of the United States Indo-Pacific Com- mand— ‘‘(A) to provide assistance to— ‘‘(i) the national military or other security forces of any such country that has among its functional responsibilities a maritime security mission; and ‘‘(ii) any other national-level governmental or- ganization of such a country that has among its functional responsibilities a maritime domain awareness mission, for purposes of helping to achieve the maritime domain awareness objec- tives of such country if such assistance directly contributes to the integration of a maritime do- main awareness activity with the national mili- tary or other security forces described in clause (i); and ‘‘(B) to provide training to— ‘‘(i) ministry, agency, and headquarters-level organizations for such forces; or ‘‘(ii) other national-level governmental organi- zations described in paragraph (A)(ii). ‘‘(2) DESIGNATION OF ASSISTANCE AND TRAINING.—The provision of assistance and training under this sec- tion may be referred to as the ‘Indo-Pacific Maritime Security Initiative’. ‘‘(b) RECIPIENT COUNTRIES.—The foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Com- mand. ‘‘(c) TYPES OF ASSISTANCE AND TRAINING.— ‘‘(1) AUTHORIZED ELEMENTS OF ASSISTANCE.—Assist- ance provided under subsection (a)(1)(A) may include the provision of equipment, supplies, training, and small-scale construction (as defined in section 301 of title 10, United States Code). ‘‘(2) REQUIRED ELEMENTS OF ASSISTANCE AND TRAIN- ING.—Assistance and training provided under sub- section (a) shall include elements that promote the following: ‘‘(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 pro- vided. ‘‘(d) PRIORITIES FOR ASSISTANCE AND TRAINING.—In de- veloping programs for assistance or training to be pro- vided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to en- hance— ‘‘(1) multilateral cooperation and coordination among recipient countries; or ‘‘(2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member. ‘‘(e) INCREMENTAL EXPENSES OF PERSONNEL OF RECIPI- ENT COUNTRIES FOR TRAINING.—If the Secretary of De- fense determines that the payment of incremental ex- penses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for as- sistance and training under subsection (a) for the pay- ment of such incremental expenses. ‘‘(f) AVAILABILITY OF FUNDS FOR COAST GUARD PER- SONNEL AND CAPABILITIES.—The Secretary of Defense may use funds made available under this section to fa- cilitate the participation of Coast Guard personnel in, and the use of Coast Guard capabilities for, training, exercises, and other activities with foreign countries under this section. ‘‘(g) 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 de- scribed 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 title 10, United States Code. ‘‘(3) SECURITY COOPERATION.—Assistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized con- sistent with applicable guidance relating to the secu- rity cooperation program and activities of the De- partment of Defense. ‘‘(4) ASSESSMENT, MONITORING, AND EVALUATION.— The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code. ‘‘(h) NOTICE TO CONGRESS ON ASSISTANCE AND TRAIN- ING.— ‘‘(1) IN GENERAL.—Not later than 15 days before ex- ercising the authority under subsection (a) or (e) with respect to a recipient foreign country, the Secretary of Defense shall submit to the appropriate commit- tees of Congress a notification containing the fol- lowing: ‘‘(A) The recipient foreign country, the specific unit or units or national-level governmental orga- nization whose capacity to engage in activities under a program of assistance or training to be pro- vided 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 con- Page 381 TITLE 10—ARMED FORCES § 334 cerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase mul- tilateral maritime security cooperation or mari- time domain awareness. ‘‘(C) The budget for the program, including a timetable of planned expenditures of funds to im- plement the program, an implementation timeline for the program with milestones (including antici- pated delivery schedules for any assistance under the program), the military department or compo- nent responsible for management of the program, and the anticipated completion date for the pro- gram. ‘‘(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 per- formance outcomes to be achieved under the pro- gram beyond its completion date, if applicable. ‘‘(E) A description of the program objectives and an assessment framework to be used to develop ca- pability 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 fis- cal years, if applicable. ‘‘(G) A description of the elements of the theater campaign plan of the United States Indo-Pacific Command 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 pro- vided 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 De- partment of State. ‘‘(I) An identification of each such authority de- scribed in subparagraph (H). ‘‘(J) Such other matters as the Secretary con- siders appropriate. ‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee on Foreign Relations, and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Armed Services, the Com- mittee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. ‘‘(i) ANNUAL MONITORING REPORTS.— ‘‘(1) IN GENERAL.—Not later than March 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth, for the preceding calendar year, the following: ‘‘(A) The overall strategy for improving multilat- eral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following: ‘‘(i) Priority countries and associated capabili- ties across the theater. ‘‘(ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. ‘‘(iii) Significant challenges to improving mul- tilateral maritime security cooperation and mari- time domain awareness across the theater and the manner in which the United States Indo-Pa- cific Command is seeking to address such chal- lenges. ‘‘(B) An assessment, by recipient foreign country, of— ‘‘(i) the country’s capabilities relating to mari- time security and maritime domain awareness; ‘‘(ii) the country’s capability enhancement pri- orities, including how such priorities relate to the theater campaign strategy, country plan, and theater campaign plan relating to maritime secu- rity and maritime domain awareness; and ‘‘(iii) how such capabilities can be leveraged to improve multilateral maritime security coopera- tion and maritime domain awareness. ‘‘(C) 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. ‘‘(D) 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. ‘‘(E) Information, by recipient foreign country, on the delivery and use of assistance and training pro- vided under subsection (a). ‘‘(F) 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 train- ing previously provided to the foreign country under subsection (a). ‘‘(G) A description of the reasons the Department of Defense chose to utilize the authority for assist- ance and training under subsection (a) in the pre- ceding calendar year. ‘‘(H) An explanation of any impediments to time- ly 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) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ has the meaning given the term in subsection (h)(2). ‘‘(j) EXPIRATION.—Assistance and training may not be provided under this section after December 31, 2027.’’ TRAINING OF SECURITY FORCES AND ASSOCIATED SECU- RITY MINISTRIES OF FOREIGN COUNTRIES TO PROMOTE RESPECT FOR THE RULE OF LAW AND HUMAN RIGHTS 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, author- ized the Secretary of Defense to conduct human rights training of security forces and associated security min- istries of foreign countries and terminated such author- ity on Sept. 30, 2020. § 334. Administrative support and payment of certain expenses for covered foreign defense personnel (a) IN GENERAL.—The Secretary of Defense may— (1) provide administrative services and sup- port to the United Nations Command for the performance of duties by covered foreign de- fense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neu- tral Nations Supervisory Commission in ac- cordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command.