10 U.S.C. § 384 — Department of Defense security coopera-

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 Page 405 TITLE 10—ARMED FORCES § 384 the ‘‘Department of Defense Security Coopera- tion Workforce Development Program’’ (in this section referred to as the ‘‘Program’’) to oversee the development and management of a profes- sional workforce supporting security coopera- tion programs and activities of the Department of Defense, including— (1) assessment, planning, monitoring, execu- tion, evaluation, and administration of such programs and activities under this chapter; and (2) execution of security assistance programs and activities under the Foreign Assistance Act of 1961 and the Arms Export Control Act by the Department of Defense. (b) PURPOSE.—The purpose of the Program is to improve the quality and professionalism of the security cooperation workforce in order to ensure that the workforce— (1) has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate support to the assessment, planning, monitoring, execution, evaluation, and administration of security cooperation programs and activities described in sub- section (a), and ensure that the Department receives the best value for the expenditure of public resources on such programs and activi- ties; and (2) is assigned in a manner that ensures per- sonnel with the appropriate level of expertise and experience are assigned in sufficient num- bers to fulfill requirements for the security co- operation programs and activities of the De- partment of Defense and the execution of secu- rity assistance programs and activities de- scribed in subsection (a)(2). (c) ELEMENTS.—The Program shall consist of elements relating to the development and man- agement of the security cooperation workforce for the purposes specified in subsection (b), in- cluding the following elements on training, cer- tification, assignment, career development, and tracking of personnel of the security coopera- tion workforce: (1) Establishment of a comprehensive system to track and account for all Department of De- fense personnel in the security cooperation workforce, using systems of record in the mili- tary departments, the Office of the Secretary of Defense, the combatant commands, Defense Agencies, Department of Defense Field Activi- ties, and the National Guard. (2) Establishment of a management informa- tion system, pursuant to regulations pre- scribed by the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Secu- rity Cooperation Agency, to ensure that all or- ganizations and elements of the Department provide standardized information and data to the Secretary on persons serving in security cooperation positions. Such management in- formation system shall, at a minimum, pro- vide for the collection and retention of infor- mation concerning the qualification, assign- ments, and tenure of persons in the security cooperation workforce. (3) Implementation and management of the security cooperation human capital initiative under subsection (e). (4) Establishment of a defense security co- operation service, pursuant to regulations pre- scribed by the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Secu- rity Cooperation Agency, to ensure that secu- rity cooperation organizations of the United States located at overseas missions possess the requisite personnel, and that such per- sonnel possess the skills needed, to properly perform their missions, which shall include— (A) members of the armed forces and civil- ians assigned to security cooperation organi- zations of United States missions overseas who are performing security cooperation functions, regardless of funding source; and (B) personnel of the Department of Defense performing functions in furtherance of sec- tion 515 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321i). (5) Such other elements as the Secretary of Defense determines appropriate. (d) MANAGEMENT.— (1) IN GENERAL.—The Program shall be man- aged by the Director of the Defense Security Cooperation Agency. (2) MANAGING ENTITY.— (A) DESIGNATION.—The Secretary of De- fense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate the Defense Security Cooperation University to serve as the lead entity for managing the implementation of the Pro- gram. (B) DUTIES.—The Defense Security Co- operation University shall carry out the management and implementation of the Program, consistent with objectives formu- lated by the Secretary of Defense, which shall include the following: (i) Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise. (ii) Providing training requirements specified at the requisite proficiency levels for each position. (C) REPORTING.—The Secretary of Defense shall ensure that, not less frequently than semi-annually, each military department, the Office of the Secretary of Defense, and each combatant command, Defense Agency, Department of Defense Field Activity, and unit of the National Guard submits to the Defense Security Cooperation University a formal manpower document as determined by the Director of the Defense Security Co- operation Agency that— (i) lists each position in the security co- operation workforce of the organization concerned as determined by the Director of the Defense Security Cooperation Agen- cy; and (ii) uniquely codes every position within component manpower systems for the se- curity cooperation workforce for the man- agement and career development of the se- curity cooperation workforce, as deter- mined by the Director of the Defense Secu- rity Cooperation Agency. Page 406 TITLE 10—ARMED FORCES § 384 (3) SECURITY COOPERATION WORKFORCE MAN- AGEMENT INFORMATION SYSTEM.—The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each mili- tary department, the Office of the Secretary of Defense, and each combatant command, De- fense Agency, Department of Defense Field Activity, and unit of the National Guard pro- vides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce. (e) SECURITY COOPERATION HUMAN CAPITAL INI- TIATIVE.— (1) IN GENERAL.—The Secretary shall imple- ment a security cooperation human capital initiative within the Defense Security Co- operation University to identify, account for, and manage the career progression of per- sonnel in the security cooperation workforce. (2) ELEMENTS.—The security cooperation human capital initiative shall do the fol- lowing: (A) Provide direction to the Department of Defense on the establishment of professional career paths for the personnel of the secu- rity cooperation workforce, addressing training and education standards, promotion opportunities and requirements, retention policies, and scope of workforce demands. (B) Provide for a mechanism to identify and define training and certification require- ments for security cooperation positions in the Department and a means to track work- force skills and certifications. (C) Provide for a mechanism to establish a program of professional certification in De- partment of Defense security cooperation for personnel of the security cooperation work- force in different career tracks and levels of competency based on requisite training and experience. (D) Establish requirements for training and professional development associated with each level of certification provided for under subparagraph (C). (E) Provide for a mechanism for assigning appropriately certified personnel of the secu- rity cooperation workforce to assignments associated with key positions in connection with security cooperation programs and ac- tivities. (F) Identify the appropriate composition of career and temporary personnel necessary to constitute the security cooperation work- force. (G) Identify specific positions throughout the security cooperation workforce to be managed and assigned through the Program. (H) Identify career paths that provide a competency-based road map for security co- operation employees to aid in their career planning and professional development. (I) Develop a competency-based approach to the security cooperation workforce that enables components of the Department of Defense to incorporate competencies in re- cruitment and retention tools such as job analysis, position descriptions, vacancy an- nouncements, selection assessment ques- tionnaires, and employee training and devel- opment plans. (J) Align with the Department of Defense and Defense Security Cooperation Agency strategic planning, budget process, perform- ance management goals, and metrics to en- sure the appropriate workforce mix and skill sets to accomplish the security cooperation mission. (K) Include assessment measures intended to assess progress in implementing the secu- rity cooperation workforce using results-ori- ented performance measures. (f) FOREIGN MILITARY SALES CENTER OF EXCEL- LENCE.— (1) ESTABLISHMENT.—The Secretary of De- fense shall direct an educational institution of the Department of Defense with the requisite expertise in foreign military sales and in edu- cation, training, research, and analysis of the security cooperation workforce within the De- partment of Defense to serve as a Foreign Military Sales Center of Excellence to im- prove the training and education of personnel engaged in foreign military sales planning and execution. (2) OBJECTIVES.—The objectives of the For- eign Military Sales Center of Excellence shall include— (A) conducting research on and promoting best practices for ensuring that foreign mili- tary sales are timely and effective; and (B) enhancing existing curricula for the purpose of ensuring that the foreign mili- tary sales workforce is fully trained and pre- pared to execute the foreign military sales program. (g) DEFENSE SECURITY COOPERATION UNIVER- SITY.— (1) CHARTER.—The Secretary of Defense shall develop and promulgate a charter for the oper- ation of the Defense Security Cooperation University. (2) MISSION.—The charter required by para- graph (1) shall set forth the mission, and asso- ciated structures and organizations, of the De- fense Security Cooperation University, which shall include— (A) management and implementation of international military training and edu- cation security cooperation programs and authorities executed by the Department of Defense; (B) management and provision of institu- tional capacity-building services executed by the Department of Defense; and (C) advancement of the profession of secu- rity cooperation through research, data col- lection, analysis, publication, and learning. (3) COOPERATIVE RESEARCH AND DEVELOPMENT ARRANGEMENTS.— (A) IN GENERAL.—In engaging in research and development projects pursuant to sub- section (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Secu- rity Cooperation University. (B) TREATMENT AS GOVERNMENT-OPERATED FEDERAL LABORATORY.—The Defense Secu- Page 407 TITLE 10—ARMED FORCES § 384 rity Cooperation University shall be consid- ered a Government-operated Federal labora- tory for purposes of section 12 of the Steven- son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). (4) ACCEPTANCE OF RESEARCH GRANTS.— (A) IN GENERAL.—The Secretary of De- fense, through the Under Secretary of De- fense for Policy, may authorize the Presi- dent of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accept- ed if the work under the grant is to be car- ried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose. (B) QUALIFYING GRANTS.—A qualifying re- search grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a re- search project with a scientific, literary, or educational purpose. (C) ENTITIES FROM WHICH GRANTS MAY BE ACCEPTED.—A grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or edu- cational purposes. (D) ADMINISTRATION OF GRANT FUNDS.—The Director of the Defense Security Coopera- tion Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accord- ance with applicable provisions of the regu- lations and the terms and condition of the grants received. (E) RELATED EXPENSES.—Subject to such limitations as may be provided in appropria- tions Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants. (F) REGULATIONS.—The Secretary of De- fense, through the Under Secretary of De- fense for Policy, shall prescribe regulations for the administration of this subsection. (h) SOURCE 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. (2) BUDGET JUSTIFICATION.—Funds necessary to carry out the Program as described in para- graph (1) for a fiscal year shall be identified, with appropriate justification, in the consoli- dated budget for such fiscal year required by section 381 of this title. (i) USE OF FUNDS.—Amounts available for use for the Program may be transferred to any ac- count of the military departments or the De- fense Agencies for purposes of the Program. (j) SECURITY COOPERATION WORKFORCE DE- FINED.—In this section, the term ‘‘security co- operation workforce’’ means the following: (1) Members of the armed forces and civilian employees of the Department of Defense work- ing in the security cooperation organizations of United States missions overseas. (2) Members of the armed forces and civilian employees of the Department of Defense in the geographic combatant commands and func- tional combatant commands responsible for planning, monitoring, or conducting security cooperation activities. (3) Members of the armed forces and civilian employees of the Department of Defense in the military departments performing security co- operation activities, including activities in connection with the acquisition and develop- ment of technology release policies. (4) Other military and civilian personnel of Defense Agencies and Field Activities who per- form security cooperation activities. (5) Personnel of the Department of Defense who perform assessments, monitoring, or eval- uations of security cooperation programs and activities of the Department of Defense, in- cluding assessments under section 383 of this title. (6) Other members of the armed forces or ci- vilian employees of the Department of Defense who contribute significantly to the security cooperation programs and activities of the De- partment of Defense by virtue of their as- signed duties, as determined pursuant to the security cooperation human capital initiative under subsection (e). (k) REPORT ON SECURITY COOPERATION WORK- FORCE.— (1) IN GENERAL.—Not later than 2 years after the date of the enactment of this subsection, and not less frequently than once every 2 years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report on the Department of De- fense security cooperation workforce. (2) ELEMENTS.—Each report under paragraph (1) shall— (A) identify current and projected security cooperation workforce manpower require- ments, including expeditionary require- ments within the context of total force plan- ning, needed to meet the security coopera- tion mission; (B) identify critical skill gaps (such as re- cruitment in the existing or projected work- force) and development of strategies to man- age the security cooperation workforce to address those gaps; (C) address development, validation, im- plementation, and assessment of security co- operation workforce and Department-wide competencies for security cooperation and associated occupational series using the De- partment taxonomy; (D) produce a comparison between com- petency proficiency levels against target proficiency levels at enterprise and indi- vidual levels to identify competency gaps and gap closure strategies, for competencies needed at the time of the report and in the future; (E) identify any exceptions and waivers granted with respect to the application of Page 408 TITLE 10—ARMED FORCES § 385 qualification, assignment, and tenure poli- cies, procedures, and practices to persons, billets or positions; (F) indicate relative promotion rates for security cooperation workforce personnel; (G) identify the funds requested or allo- cated for the Department of Defense secu- rity cooperation workforce and address whether such funds are sufficient to— (i) address the critical skill gaps identi- fied pursuant to subparagraph (B); and (ii) provide incentives to recruit and re- tain high-quality personnel in the security cooperation workforce; and (H) include any other matters the Sec- retary of Defense determines appropriate. (l) COMPTROLLER GENERAL EVALUATION.— (1) IN GENERAL.—The Comptroller General of the United States shall conduct an inde- pendent evaluation of the actions taken by the Secretary of Defense to carry out the require- ments of this section. (2) REPORT.—Not later than 2 years after the date of the enactment of this subsection, the Comptroller General shall submit to the Com- mittees on Armed Services of the Senate and House of Representatives a report on the eval- uation conducted under paragraph (1). Such report shall include— (A) an analysis of the effectiveness of the actions taken by the Secretary to carry out the requirements of this section; and (B) such legislative and administrative recommendations as the Comptroller Gen- eral considers appropriate to meet the objec- tives of this section. (Added Pub. L. 114–328, div. A, title XII, § 1250(a), Dec. 23, 2016, 130 Stat. 2526; amended Pub. L. 118–31, div. A, title XII, § 1204(a), Dec. 22, 2023, 137 Stat. 442.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(2), 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. The Arms Export Control Act, referred to in subsec. (a)(2), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Ta- bles. The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (e)(1), (2), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016. The date of the enactment of this subsection, referred to in subsecs. (k)(1) and (l)(2), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023. PRIOR PROVISIONS A prior section 384 was renumbered section 284 of this title. AMENDMENTS 2023—Subsec. (c). Pub. L. 118–31, § 1204(a)(1), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Program shall consist of such elements relating to the development and management of the se- curity cooperation workforce as the Secretary con- siders appropriate for the purposes specified in sub- section (b), including elements on training, certifi- cation, assignment, and career development of per- sonnel of the security cooperation workforce.’’ Subsec. (d). Pub. L. 118–31, § 1204(a)(2), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘The Program shall be managed by the Director of the Defense Security Cooperation Agency.’’ Subsec. (e). Pub. L. 118–31, § 1204(a)(3), amended sub- sec. (e) generally. Prior to amendment, subsec. (e) re- lated to guidance for the execution and administration of the Department of Defense Security Cooperation Workforce Development Program. Subsecs. (f) to (h). Pub. L. 118–31, § 1204(a)(5), (6), added subsecs. (f) and (g) and redesignated former sub- sec. (f) as (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively. Subsec. (h)(6). Pub. L. 118–31, § 1204(a)(4), substituted ‘‘security cooperation human capital initiative under subsection (e)’’ for ‘‘guidance issued under subsection (e)’’. Subsecs. (i), (j). Pub. L. 118–31, § 1204(a)(5), redesig- nated subsecs. (g) and (h) as (i) and (j), respectively. Subsecs. (k), (l). Pub. L. 118–31, § 1204(a)(7), added sub- secs. (k) and (l). § 385. Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives (a) SUPPORT AUTHORIZED.—Subject to sub- section (c), the Secretary of Defense is author- ized to support other departments and agencies of the United States Government for the purpose of implementing or supporting foreign assist- ance programs and activities described in sub- section (b) that advance security cooperation objectives of the Department of Defense. (b) FOREIGN ASSISTANCE PROGRAMS AND ACTIVI- TIES.—The foreign assistance programs and ac- tivities described in this subsection are foreign assistance programs and activities that— (1) are necessary for the effectiveness of one or more programs of the Department of De- fense relating to security cooperation con- ducted pursuant to an authority in this chap- ter; and (2) cannot be carried out by the Department. (c) ANNUAL LIMITATION ON AMOUNT OF SUP- PORT.—The amount of support provided pursu- ant to subsection (a) in any fiscal year may not exceed $75,000,000. (d) NOTICE AND WAIT.—If a determination is made to transfer funds in connection with the provision of support pursuant to subsection (a) for a program or activity, the transfer may not occur until— (1) the Secretary and the head of the depart- ment or agency to receive the funds jointly submit to the congressional defense commit- tees a notice on the transfer, which notice shall include— (A) a detailed description of the purpose and estimated cost of such program or activ- ity; (B) a detailed description of the security cooperation objectives of the Department, including the theater campaign plan of the combatant command concerned, that will be advanced;