Title 10Armed ForcesRelease 119-73

§385 Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 16— - SECURITY COOPERATION › Subchapter SUBCHAPTER VII— - ADMINISTRATIVE AND MISCELLANEOUS MATTERS › § 385

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense may help other federal departments or agencies pay for foreign aid programs that support the Defense Department’s security cooperation goals. The help is only for programs that are needed for DoD security cooperation and that the DoD cannot run itself. The total help in any one fiscal year may not be more than $75,000,000. Before any money is moved, the Secretary and the receiving agency head must send a joint notice to the congressional defense committees. The notice must explain the program’s purpose and estimated cost, how it furthers DoD security goals and the combatant command’s theater plan, why it will help those goals, why DoD cannot perform it, any other funds already planned or used, and the timeline. They must wait 30 days after sending that notice before making the transfer.

Full Legal Text

Title 10, §385

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (c), the Secretary of Defense is authorized to support other departments and agencies of the United States Government for the purpose of implementing or supporting foreign assistance programs and activities described in subsection (b) that advance security cooperation objectives of the Department of Defense.
(b)The foreign assistance programs and activities 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 Defense relating to security cooperation conducted pursuant to an authority in this chapter; and
(2)cannot be carried out by the Department.
(c)The amount of support provided pursuant to subsection (a) in any fiscal year may not exceed $75,000,000.
(d)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 department or agency to receive the funds jointly submit to the congressional defense committees a notice on the transfer, which notice shall include—
(A)a detailed description of the purpose and estimated cost of such program or activity;
(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;
(C)a justification why such program or activity will advance such objectives;
(D)a justification why such program or activity cannot be carried out by the Department;
(E)an identification of any funds programmed or obligated by the department or agency other than the Department on such program or activity; and
(F)a timeline for the provision of such support; and
(2)a period of 30 days elapses after the date of the submittal of the notice pursuant to paragraph (1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (d)(1)(B). Pub. L. 115–232 substituted “including” for “include”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 385

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73