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

Page 370 TITLE 10—ARMED FORCES § 331 (2) The term ‘‘incremental expenses’’, with respect to a developing country, means the reasonable and proper cost of rations, fuel, training ammunition, transportation, and other goods and services consumed by such country, except that the term does not include pay, allowances, and other normal costs of such country’s personnel. (e) REPORTS.—Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report regarding training during the preceding fiscal year for which expenses were paid under this section. Each report shall speci- fy the following: (1) All countries in which that training was conducted. (2) The type of training conducted, including whether such training was related to counter- narcotics or counter-terrorism activities, the duration of that training, the number of mem- bers of the armed forces involved, and ex- penses paid. (3) The extent of participation by foreign military forces, including the number and service affiliation of foreign military per- sonnel involved and physical and financial contribution of each host nation to the train- ing effort. (4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise pro- grams sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short du- ration exercises, and other similar unit train- ing events). (5) A summary of the expenditures under this section resulting from the training for which expenses were paid under this section. (6) A discussion of the unique military train- ing benefit to United States special operations forces derived from the training activities for which expenses were paid under this section. (Added Pub. L. 102–190, div. A, title X, § 1052(a)(1), Dec. 5, 1991, 105 Stat. 1470, § 2011; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(18), Feb. 10, 1996, 110 Stat. 512; Pub. L. 105–261, div. A, title X, § 1062, Oct. 17, 1998, 112 Stat. 2129; Pub. L. 112–81, div. A, title X, § 1086(2), Dec. 31, 2011, 125 Stat. 1603; renumbered § 322, Pub. L. 114–328, div. A, title XII, § 1244(b), Dec. 23, 2016, 130 Stat. 2518.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 2011 of this title as this section. 2011—Subsec. (d)(1). Pub. L. 112–81 substituted ‘‘mili- tary information support operations’’ for ‘‘psycho- logical operations’’. 1998—Subsec. (c). Pub. L. 105–261, § 1062(a), inserted after first sentence ‘‘The regulations shall require that training activities may be carried out under this sec- tion only with the prior approval of the Secretary of Defense.’’ Subsec. (e)(5), (6). Pub. L. 105–261, § 1062(b), added pars. (5) and (6). 1996—Subsec. (a). Pub. L. 104–106 substituted ‘‘TO’’ for ‘‘TO’’ in heading. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. TRAINING OF GENERAL PURPOSE FORCES OF THE UNITED STATES ARMED FORCES WITH MILITARY AND OTHER SECURITY FORCES OF FRIENDLY FOREIGN COUNTRIES Pub. L. 113–66, div. A, title XII, § 1203, Dec. 26, 2013, 127 Stat. 894, related to the training of general purpose forces of the armed forces of the United States with military and other security forces of friendly foreign countries, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1244(c), Dec. 23, 2016, 130 Stat. 2518. SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND CAPACITY BUILDING Sec. 331. Friendly foreign countries: authority to pro- vide support for conduct of operations. 332. Friendly foreign countries; international and regional organizations: defense institution capacity building. 333. Foreign security forces: authority to build capacity. 334. Administrative support and payment of cer- tain expenses for covered foreign defense personnel. 335. Payment of personnel expenses necessary for participation in training program con- ducted by Colombia under the United States-Colombia Action Plan for Regional Security. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title XII, § 1201(b), Dec. 23, 2022, 136 Stat. 2823, added item 335. 2021—Pub. L. 117–81, div. A, title XII, § 1201(b), Dec. 27, 2021, 135 Stat. 1958, added item 334. § 331. Friendly foreign countries: authority to provide support for conduct of operations (a) AUTHORITY.—The Secretary of Defense may provide support to friendly foreign countries in connection with the conduct of operations des- ignated pursuant to subsection (b). (b) DESIGNATED OPERATIONS.— (1) IN GENERAL.—The Secretary of Defense shall designate the operations for which sup- port may be provided under the authority in subsection (a). (2) NOTICE TO CONGRESS.—The Secretary shall notify the appropriate committees of Congress of the designation of any operation pursuant to this subsection. (3) ANNUAL REVIEW FOR CONTINUING DESIGNA- TION.—The Secretary shall undertake on an annual basis a review of the operations cur- rently designated pursuant to this subsection in order to determine whether each such oper- ation merits continuing designation for pur- poses of this section for another year. If the Secretary determines that any operation so reviewed merits continuing designation for purposes of this section for another year, the Secretary— (A) may continue the designation of such operation under this subsection for such pur- poses for another year; and Page 371 TITLE 10—ARMED FORCES § 331 (B) if the Secretary so continues the des- ignation of such operation, shall notify the appropriate committees of Congress of the continuation of designation of such oper- ation. (c) TYPES OF SUPPORT AUTHORIZED.—The types of support that may be provided under the au- thority in subsection (a) are the following: (1) Logistic support, supplies, and services to security forces of a friendly foreign country participating in— (A) an operation with the armed forces under the jurisdiction of the Secretary of Defense; or (B) a military or stability operation that benefits the national security interests of the United States. (2) Logistic support, supplies, and services— (A) to military forces of a friendly foreign country solely for the purpose of enhancing the interoperability of the logistical support systems of military forces participating in a combined operation with the United States in order to facilitate such operation; or (B) to a nonmilitary logistics, security, or similar agency of a friendly foreign govern- ment if such provision would directly benefit the armed forces under the jurisdiction of the Secretary of Defense. (3) Procurement of equipment for the pur- pose of the loan of such equipment to the mili- tary forces of a friendly foreign country par- ticipating in a United States-supported coali- tion or combined operation and the loan of such equipment to those forces to enhance ca- pabilities or to increase interoperability with the armed forces under the jurisdiction of the Secretary of Defense and other coalition part- ners. (4) Provision of specialized training to per- sonnel of friendly foreign countries in connec- tion with such an operation, including train- ing of such personnel before deployment in connection with such operation. (5) Small-scale construction to support mili- tary forces of a friendly foreign country par- ticipating in a United States-supported coali- tion or combined operation when the construc- tion is directly linked to the ability of such forces to participate in such operation effec- tively and is limited to the geographic area where such operation is taking place. In the case of support provided under this paragraph that results in the provision of small-scale construction above $750,000, the notification pursuant to subsection (b)(2) shall include the location, project title, and cost of each such small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the lo- cation. (d) CERTIFICATION REQUIRED.— (1) OPERATIONS IN WHICH THE UNITED STATES IS NOT PARTICIPATING.—The Secretary of De- fense may provide support under subsection (a) to a friendly foreign country with respect to an operation in which the United States is not participating only— (A) if the Secretary of Defense and the Secretary of State jointly certify to the ap- propriate committees of Congress that the operation is in the national security inter- ests of the United States; and (B) after the expiration of the 15-day pe- riod beginning on the date of such certifi- cation. (2) ACCOMPANYING REPORT.—Any certifi- cation under paragraph (1) shall be accom- panied by a report that includes the following: (A) A description of the operation, includ- ing the geographic area of the operation. (B) A list of participating countries. (C) A description of the type of support and the duration of support to be provided. (D) A description of the national security interests of the United States supported by the operation. (E) A description of each entity with which the applicable friendly foreign country is en- gaged in hostilities and whether each such entity is covered by an authorization for the use of military force. (F) Such other matters as the Secretary of Defense and the Secretary of State consider significant to a consideration of such certifi- cation. (e) SECRETARY OF STATE CONCURRENCE.—The provision of support under subsection (a) may be made only with the concurrence of the Sec- retary of State. (f) SUPPORT OTHERWISE PROHIBITED BY LAW.— The Secretary of Defense may not use the au- thority in subsection (a) to provide any type of support described in subsection (c) that is other- wise prohibited by any provision of law. (g) LIMITATIONS ON VALUE.— (1) The aggregate value of all logistic sup- port, supplies, and services provided under paragraphs (1), (4), and (5) of subsection (c) in any fiscal year may not exceed $450,000,000. (2) The aggregate value of all logistic sup- port, supplies, and services provided under subsection (c)(2) in any fiscal year may not ex- ceed $5,000,000. (h) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES DEFINED.—In this section, the term ‘‘logistic support, supplies, and services’’ has the meaning given that term in section 2350(1) of this title. (Added Pub. L. 109–364, div. A, title XII, § 1201(a), Oct. 17, 2006, 120 Stat. 2410, § 127c; renumbered § 127d, Pub. L. 110–181, div. A, title X, § 1063(a)(1)(A), Jan. 28, 2008, 122 Stat. 321; Pub. L. 111–383, div. A, title X, § 1075(b)(3), title XII, § 1202, Jan. 7, 2011, 124 Stat. 4369, 4385; renum- bered § 331 and amended Pub. L. 114–328, div. A, title XII, § 1245(a), Dec. 23, 2016, 130 Stat. 2518; Pub. L. 115–232, div. A, title XII, § 1203(b), Aug. 13, 2018, 132 Stat. 2016; Pub. L. 117–263, div. A, title XII, § 1202(a), Dec. 23, 2022, 136 Stat. 2823.) Editorial Notes PRIOR PROVISIONS A prior section 331 was renumbered section 251 of this title. AMENDMENTS 2022—Subsec. (d)(2)(E), (F). Pub. L. 117–263 added sub- par. (E) and redesignated former subpar. (E) as (F). Page 372 TITLE 10—ARMED FORCES § 332 2018—Subsec. (c)(5). Pub. L. 115–232 inserted at end ‘‘In the case of support provided under this paragraph that results in the provision of small-scale construc- tion above $750,000, the notification pursuant to sub- section (b)(2) shall include the location, project title, and cost of each such small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location.’’ 2016—Pub. L. 114–328 renumbered section 127d of this title as this section and amended it generally. Prior to amendment, section related to authority to provide lo- gistic support, supplies, and services to allied forces participating in combined operations. 2011—Subsec. (a). Pub. L. 111–383, § 1202(a), designated existing provisions as par. (1), inserted ‘‘of the United States’’ after ‘‘armed forces’’, struck out ‘‘Provision of such support, supplies, and services to the forces of an allied nation may be made only with the concurrence of the Secretary of State.’’ at end, and added pars. (2) and (3). Subsec. (b). Pub. L. 111–383, § 1202(b)(1), substituted ‘‘subsection (a)(1)’’ for ‘‘subsection (a)’’ in par. (1) and in introductory provisions of par. (2). Subsec. (c)(1). Pub. L. 111–383, § 1202(b)(2)(A), sub- stituted ‘‘The’’ for ‘‘Except as provided in paragraph (2), the’’ and ‘‘subsection (a)(1)’’ for ‘‘this section’’. Subsec. (c)(2). Pub. L. 111–383, § 1202(b)(2)(B), sub- stituted ‘‘The value of the logistic support, supplies, and services provided under subsection (a)(2) in any fis- cal year may not’’ for ‘‘In addition to any logistic sup- port, supplies, and services provided under subsection (a) that are covered by paragraph (1), the value of logis- tic support, supplies, and services provided under this section solely for the purposes of enhancing the inter- operability of the logistical support systems of mili- tary forces participating in combined operation of the United States in order to facilitate such operations may not, in any fiscal year,’’. Subsec. (d)(1). Pub. L. 111–383, § 1075(b)(3), substituted ‘‘Committee on Foreign Affairs’’ for ‘‘Committee on International Relations’’. 2008—Pub. L. 110–181 renumbered section 127c of this title, relating to allied forces participating in combined operations, as this section. Statutory Notes and Related Subsidiaries SUPPORT FOR EXECUTION OF BILATERAL AGREEMENTS CONCERNING ILLICIT TRANSNATIONAL MARITIME AC- TIVITY Pub. L. 118–31, div. A, title XVIII, § 1808, Dec. 22, 2023, 137 Stat. 688, as amended by Pub. L. 118–159, div. A, title XII, § 1201(b), Dec. 23, 2024, 138 Stat. 2093, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense, in co- ordination with the Commandant of the Coast Guard, and in consultation with the Secretary of State, may provide assistance to the Coast Guard for the execution of existing maritime law enforcement agreements be- tween the United States and friendly countries that were established to combat transnational organized il- legal maritime activity, including illegal, unreported, and unregulated fishing. ‘‘(b) EFFECT ON MILITARY TRAINING AND READINESS.— The Secretary of Defense shall ensure that the provi- sion of assistance under this section does not nega- tively affect military training, operations, readiness, or other military requirements. ‘‘(c) FUNDS.—If the Secretary of Defense provides as- sistance under subsection (a) during any fiscal year, the Secretary shall provide such assistance using amounts available for that fiscal year for the Depart- ment of Defense for operation and maintenance. ‘‘(d) ASSISTANCE DEFINED.—In this section, the term ‘assistance’ means any of the following: ‘‘(1) The use of surface and air assets as bases of op- erations and information collection platforms. ‘‘(2) Communication infrastructure. ‘‘(3) Information sharing. ‘‘(4) The provision of logistic support, supplies, and services (as such term is defined in section 2350 of title 10, United States Code).’’ § 332. Friendly foreign countries; international and regional organizations: defense institu- tion capacity building (a) MINISTRY OF DEFENSE ADVISOR AUTHOR- ITY.—The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to assign civilian employees of the Department of Defense and members of the armed forces as advisors to the ministries of de- fense (or security agencies serving a similar de- fense function) of foreign countries or regional organizations with security missions in order to— (1) provide institutional, ministerial-level advice, and other training to personnel of the ministry or regional organization to which as- signed in support of stabilization or post-con- flict activities; or (2) assist such ministry or regional organiza- tion in building core institutional capacity, competencies, and capabilities to manage de- fense-related processes. (b) TRAINING OF PERSONNEL OF FOREIGN MIN- ISTRIES WITH SECURITY MISSIONS.— (1) IN GENERAL.—The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to provide advisors or trainers to provide training and associated training support services to personnel of for- eign ministries of defense (or ministries with security force oversight) or regional organiza- tions with security missions— (A) for the purpose of— (i) enhancing civilian oversight of for- eign security forces; (ii) establishing responsible defense gov- ernance and internal controls in order to help build effective, transparent, and ac- countable defense institutions; (iii) assessing organizational weaknesses and establishing a roadmap for addressing shortfalls; and (iv) enhancing ministerial, general or joint staff, or service level core manage- ment competencies; and (B) for such other purposes as the Sec- retary considers appropriate, consistent with the authority in subsection (a). (2) NOTICE TO CONGRESS.—Not later than Feb- ruary 1 of each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on activities under the pro- gram under paragraph (1) during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the fol- lowing: (A) A list of activities under the program. (B) A list of any organization described in paragraph (1) to which the Secretary pro- vided advisors or trainers under the pro- gram, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each ad- visor or trainer so provided, and a statement of the cost of each provision of such an advi- sor or trainer.