10 U.S.C. § 382 — Execution and administration of programs

Page 403 TITLE 10—ARMED FORCES § 382 [§ 371. Renumbered § 271] [§ 372. Renumbered § 272] [§ 373. Renumbered § 273] [§ 374. Renumbered § 274] [§ 375. Renumbered § 275] [§ 376. Renumbered § 276] [§ 377. Renumbered § 277] [§ 378. Renumbered § 278] [§ 379. Renumbered § 279] [§ 380. Renumbered § 280] SUBCHAPTER VII—ADMINISTRATIVE AND MISCELLANEOUS MATTERS Sec. 381. Consolidated budget. 382. Execution and administration of programs and activities. 383. Assessment, monitoring, and evaluation of programs and activities. 384. Department of Defense security cooperation workforce development. 385. Department of Defense support for other de- partments and agencies of the United States Government that advance Depart- ment of Defense security cooperation objec- tives. 386. Annual report. § 381. Consolidated budget (a) CONSOLIDATED BUDGET.—The budget of the President for each fiscal year, as submitted to Congress by the President pursuant to section 1105 of title 31, shall set forth by budget function and as a separate item the amounts requested for the Department of Defense for such fiscal year for all security cooperation programs and activities of the Department of Defense, includ- ing the military departments, to be conducted in such fiscal year, including the specific coun- try or region and the applicable authority, to the extent practicable. (b) SEMIANNUAL REPORT ON USE OF FUNDS.— The Secretary shall submit to the appropriate committees of Congress a report on the obliga- tion and expenditure of funds for security co- operation programs and activities of the Depart- ment of Defense— (1) by not later than August 31 of each year, for the first six-month period of that year; and (2) by not later than February 28 of each year, for the second six-month period of the preceding year. (Added Pub. L. 114–328, div. A, title XII, § 1249(a), Dec. 23, 2016, 130 Stat. 2526; amended Pub. L. 116–92, div. A, title XII, § 1204, Dec. 20, 2019, 133 Stat. 1622; Pub. L. 118–31, div. A, title X, § 1061(a), Dec. 22, 2023, 137 Stat. 398; Pub. L. 118–159, div. A, title XVII, § 1701(a)(6), Dec. 23, 2024, 138 Stat. 2203.) Editorial Notes PRIOR PROVISIONS A prior section 381 was renumbered section 281 of this title. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 substituted ‘‘De- fense—’’ for ‘‘Defense—.’’ in introductory provisions. 2023—Subsec. (b). Pub. L. 118–31, in heading, sub- stituted ‘‘Semiannual Report’’ for ‘‘Quarterly Report’’, and, in text, substituted ‘‘The’’ for ‘‘Not later than 60 days after the end of each calendar quarter, the’’ and ‘‘Defense—’’ for ‘‘Defense during such calendar quar- ter’’ and added pars. (1) and (2). 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘60 days’’ for ‘‘30 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE; APPLICABILITY Pub. L. 114–328, div. A, title XII, § 1249(b), Dec. 23, 2016, 130 Stat. 2526, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 23, 2016], and shall apply as follows: ‘‘(1) Subsection (a) of section 381 of title 10, United States Code, as added by subsection (a), shall apply to budgets submitted to Congress by the President pur- suant to section 1105 of title 31, United States Code, for each fiscal year after fiscal year 2018. ‘‘(2) Subsection (b) of such section 381, as so added, shall apply to calendar quarters beginning on or after the date of the enactment of this Act.’’ § 382. Execution and administration of programs and activities (a) POLICY OVERSIGHT AND RESOURCE ALLOCA- TION.—The Secretary of Defense shall assign re- sponsibility for the oversight of strategic policy and guidance and responsibility for overall re- source allocation for security cooperation pro- grams and activities of the Department of De- fense to a single official and office in the Office of the Secretary of Defense at the level of Under Secretary of Defense or below. (b) EXECUTION AND ADMINISTRATION OF CERTAIN PROGRAMS AND ACTIVITIES.— (1) IN GENERAL.—The Director of the Defense Security Cooperation Agency shall be respon- sible for the execution and administration of all security cooperation programs and activi- ties of the Department of Defense involving the provision of defense articles, military training, and other defense-related services by grant, loan, cash sale, or lease. (2) DESIGNATION OF RESPONSIBILITY.—The Di- rector may designate an element of an armed force, combatant command, Defense Agency, Department of Defense Field Activity, or other element or organization of the Depart- ment of Defense to execute and administer se- curity cooperation programs and activities de- scribed in paragraph (1) if the Director deter- mines that the designation will achieve max- imum effectiveness, efficiency, and economy in the activities for which designated. (c) AVAILABILITY OF FUNDS.— (1) IN GENERAL.—Funds available to the De- fense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activi- ties of the Department of Defense, may be used to implement security cooperation pro- grams and activities of the Department of De- fense authorized by this chapter. (2) BUDGET JUSTIFICATION.—Funds necessary for implementing security cooperation pro- Page 404 TITLE 10—ARMED FORCES § 383 grams and activities of the Department of De- fense under this chapter for a fiscal year shall be identified, with appropriate justification, in the consolidated budget for such fiscal year re- quired by section 381 of this title. (Added Pub. L. 114–328, div. A, title XII, § 1241(m), Dec. 23, 2016, 130 Stat. 2509.) Editorial Notes PRIOR PROVISIONS A prior section 382 was renumbered section 282 of this title. § 383. Assessment, monitoring, and evaluation of programs and activities (a) PROGRAM REQUIRED.—The Secretary of De- fense shall maintain a program of assessment, monitoring, and evaluation in support of the se- curity cooperation programs and activities of the Department of Defense. (b) PROGRAM ELEMENTS AND REQUIREMENTS.— (1) ELEMENTS.—The program under sub- section (a) shall provide for the following: (A) Initial assessments of partner capa- bility requirements, potential programmatic risks, baseline information, and indicators of efficacy for purposes of planning, moni- toring, and evaluation of security coopera- tion programs and activities of the Depart- ment of Defense. (B) Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent pos- sible, achievement of desired outcomes. (C) Evaluation of the efficiency and effec- tiveness of such programs and activities in achieving desired outcomes. (D) Identification of lessons learned in car- rying out such programs and activities, and development of recommendation for improv- ing future security cooperation programs and activities of the Department of Defense. (E) Incorporation of lessons learned from prior security cooperation programs and ac- tivities of the Department of Defense that were carried out any time on or after Sep- tember 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 De- fense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activi- ties of the Department of Defense, may be used to carry out the program required by sub- section (a). (2) BUDGET JUSTIFICATION.—Funds described in paragraph (1) for a fiscal year shall be iden- tified, with appropriate justification, in the consolidated budget for such fiscal year re- quired by section 381 of this title. (d) REPORTS.— (1) REPORTS TO CONGRESS.—The Secretary shall submit to the congressional defense com- mittees each year a report on the program under subsection (a) during the previous year. Each report shall include, for the year covered by such report, the following: (A) A description of the activities under the program. (B) An evaluation of the lessons learned, including a description of challenges in exe- cuting the program, and best practices iden- tified through activities under the program. (2) INFORMATION FOR THE PUBLIC ON EVALUA- TIONS.—The Secretary shall make available to the public, on an Internet website of the De- partment of Defense available to the public, a summary of each evaluation conducted pursu- ant to subsection (b)(1)(C). In making a sum- mary so available, the Secretary may redact or omit any information that the Secretary determines should not be disclosed to the pub- lic in order to protect the interest of the United States or the foreign country or coun- tries covered by such evaluation. (Added Pub. L. 114–328, div. A, title XII, § 1241(m), Dec. 23, 2016, 130 Stat. 2510; amended Pub. L. 115–232, div. A, title XII, § 1211(c), Aug. 13, 2018, 132 Stat. 2024; Pub. L. 118–159, div. A, title XII, § 1203, Dec. 23, 2024, 138 Stat. 2094.) Editorial Notes REFERENCES IN TEXT The Government Performance and Results Act of 1993, referred to in subsec. (b)(2), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Fi- nance, and sections 2801 to 2805 of Title 39, Postal Serv- ice, amended section 1105 of Title 31, and enacted provi- sions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables. The GPRA Modernization Act of 2010, referred to in subsec. (b)(2), is Pub. L. 111–352, Jan. 4, 2011, 124 Stat. 3866, which enacted sections 1115, 1116, and 1120 to 1125 of Title 31, Money and Finance, and section 306 of Title 5, Government Organization and Employees, amended section 1105 of Title 31, repealed sections 1115 and 1116 of Title 31 and section 306 of Title 5, and enacted provi- sions set out as notes under section 1115 of Title 31 and section 5105 of Title 5. For complete classification of this Act to the Code, see Short Title of 2011 Amend- ment note set out under section 1101 of Title 31 and Ta- bles. PRIOR PROVISIONS A prior section 383 was renumbered section 283 of this title. AMENDMENTS 2024—Subsec. (d)(1)(B). Pub. L. 118–159 inserted ‘‘, including a description of challenges in executing the program,’’ after ‘‘lessons learned’’. 2018—Subsec. (b)(1)(E). Pub. L. 115–232 added subpar. (E). § 384. Department of Defense security coopera- tion workforce development (a) PROGRAM REQUIRED.—The Secretary of De- fense shall carry out a program to be known as