10 U.S.C. § 332 — Friendly foreign countries; international

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. Page 373 TITLE 10—ARMED FORCES § 332 (C) A comprehensive justification of any activities conducted pursuant to paragraph (1)(B). (c) CONGRESSIONAL NOTICE.—Not later than 15 days before assigning a civilian employee of the Department of Defense or a member of the armed forces as an advisor to a regional organi- zation with a security mission under subsection (a), the Secretary shall submit to the appro- priate committees of Congress a notification of such assignment. Such a notification shall in- clude each of the following: (1) A statement of the intent of the Sec- retary to assign the advisor or trainer to the regional organization. (2) The name of the regional organization and the location and duration of the assign- ment. (3) A description of the assignment, includ- ing a description of the training or assistance proposed to be provided to the regional organi- zation, the justification for the assignment, a description of the unique capabilities the advi- sor or trainer can provide to the regional orga- nization, and a description of how the assign- ment serves the national security interests of the United States. (4) Any other information relating to the as- signment that the Secretary of Defense con- siders appropriate. (Added and amended Pub. L. 114–328, div. A, title XII, § 1241(c)(1), (2), Dec. 23, 2016, 130 Stat. 2500; Pub. L. 115–91, div. A, title XII, § 1204(a), Dec. 12, 2017, 131 Stat. 1642; Pub. L. 115–232, div. A, title XII, § 1202, Aug. 13, 2018, 132 Stat. 2016; Pub. L. 117–263, div. A, title XII, § 1202(b), Dec. 23, 2022, 136 Stat. 2823.) Editorial Notes CODIFICATION Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a), (b), and (d) of section 1081 of Pub. L. 112–81, div. A, title X, Dec. 31, 2011, 125 Stat. 1599, as amended, which was formerly set out as a note under section 168 of this title, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1241(c)(3), Dec. 23, 2016, 130 Stat. 2500. PRIOR PROVISIONS A prior section 332 was renumbered section 252 of this title. AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–263, in introductory provisions, substituted ‘‘Not later than February 1 of each year’’ for ‘‘Each fiscal year’’ and struck out ‘‘quarter’’ after ‘‘fiscal year’’ wherever appearing. 2018—Subsec. (b)(1). Pub. L. 115–232, § 1202(1), sub- stituted ‘‘provide advisors or trainers’’ for ‘‘assign ci- vilian employees of the Department of Defense and members of the armed forces as advisors or trainers’’. Subsec. (b)(2)(B). Pub. L. 115–232, § 1202(2)(C), which di- rected substitution of ‘‘each provision of such an advi- sor or trainer’’ for ‘‘each assignment’’, was executed by making the substitution in both places it appeared, to reflect the probable intent of Congress. Pub. L. 115–232, § 1202(2)(A), (B), substituted ‘‘Sec- retary provided’’ for ‘‘Secretary assigned’’, ‘‘number of such advisors or trainers so provided’’ for ‘‘number of such advisors or trainers so assigned’’, and ‘‘each advi- sor or trainer so provided’’ for ‘‘each assigned advisor or trainer’’. 2017—Subsec. (a). Pub. L. 115–91, § 1204(a)(1), inserted ‘‘and members of the armed forces’’ after ‘‘civilian em- ployees of the Department of Defense’’ in introductory provisions. Subsec. (b)(1). Pub. L. 115–91, § 1204(a)(2)(A), inserted ‘‘to assign civilian employees of the Department of De- fense and members of the armed forces as advisors or trainers’’ after ‘‘carry out a program’’ in introductory provisions. Subsec. (b)(2)(B). Pub. L. 115–91, § 1204(a)(2)(B), sub- stituted ‘‘advisors or trainers’’ for ‘‘employees’’ in two places and ‘‘the activities of each assigned advisor or trainer’’ for ‘‘each assigned employee’s activities’’. Subsec. (c). Pub. L. 115–91, § 1204(a)(3)(A), inserted ‘‘or a member of the armed forces’’ after ‘‘a civilian em- ployee of the Department of Defense’’ in introductory provisions. Subsec. (c)(1). Pub. L. 115–91, § 1204(a)(3)(B), sub- stituted ‘‘advisor or trainer’’ for ‘‘employee as an advi- sor’’. Subsec. (c)(3). Pub. L. 115–91, § 1204(a)(3)(C), sub- stituted ‘‘advisor or trainer’’ for ‘‘employee’’. 2016—Subsecs. (c), (d). Pub. L. 114–328, § 1241(c)(2), re- designated subsec. (d) as (c). Statutory Notes and Related Subsidiaries LEGAL INSTITUTIONAL CAPACITY BUILDING INITIATIVE FOR FOREIGN DEFENSE INSTITUTIONS Pub. L. 116–92, div. A, title XII, § 1210, Dec. 20, 2019, 133 Stat. 1625, as amended by Pub. L. 118–31, div. A, title XII, § 1208, Dec. 22, 2023, 137 Stat. 449, provided that: ‘‘(a) INITIATIVE.—The Secretary of Defense may carry out, in accordance with section 332 of title 10, United States Code, an initiative of legal institutional capac- ity building in collaboration with the appropriate min- istry of defense (or security agency serving a similar defense function) legal institutions that support the ef- forts of one or more foreign countries to establish or improve legal institutional capacity. ‘‘(b) PURPOSE.—The purpose of the initiative under subsection (a) is to enhance, through advisory services, training, or related training support services, as appro- priate, the legal institutional capacity of the applica- ble foreign country to do the following: ‘‘(1) Integrate legal matters into the authority, doc- trine, and policies of the ministry of defense (or secu- rity agency serving a similar defense function) and forces of such country. ‘‘(2) Provide appropriate legal support to com- manders conducting defense and national security op- erations. ‘‘(3) With respect to defense and national security law, institutionalize education, training, and profes- sional development for personnel and forces, includ- ing uniformed lawyers, officers, noncommissioned of- ficers, and civilian lawyers and leadership within such ministries of defense (and security agencies serving a similar defense function). ‘‘(4) Establish a military justice system that is ob- jective, transparent, and impartial. ‘‘(5) Conduct effective and transparent command and administrative investigations. ‘‘(6) Build the legal capacity of the forces and civil- ian personnel of ministries of defense (and security agencies serving a similar defense function) to pro- vide equitable, transparent, and accountable institu- tions and provide for anti-corruption measures within such institutions. ‘‘(7) Build capacity— ‘‘(A) to provide for the protection of civilians con- sistent with the law of armed conflict and human rights law; and ‘‘(B) to investigate incidents of civilian casual- ties. ‘‘(8) Promote understanding and observance of— ‘‘(A) the law of armed conflict; ‘‘(B) human rights and fundamental freedoms; ‘‘(C) the rule of law; and 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