10 U.S.C. § 385: Department of Defense support…

Summary

The Secretary of Defense can help other U.S. departments and agencies run certain foreign aid programs that support DoD security cooperation. These programs must be needed for DoD security cooperation and must be things DoD cannot carry out itself. The total support in any fiscal year cannot be more than $75,000,000. Before any money is moved, the Secretary and the head of the receiving agency must send a joint notice to the congressional defense committees. The notice must give the program’s purpose and cost, say how it will advance DoD security goals (including the related combatant command’s theater campaign plan), explain why DoD can’t run it, identify other funds involved, and provide a timeline. The transfer cannot happen until 30 days after that notice is sent.

Title 10, §385

Armed Forces, Source: USLM XML via OLRC

(a)Support Authorized.—

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)Foreign Assistance Programs and Activities.—

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)Annual Limitation on Amount of Support.—

The amount of support provided pursuant 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 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).

Editorial Notes

Amendments

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

§385 Department of Defense Support for Other Departments and Agencies of the United States Government That Advance Department of Defense Security Cooperation Objectives

Summary

Title 10, §385

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata