10 U.S.C. § 331 — Friendly foreign countries: authority to provide support for conduct of operations

(a) Authority. The Secretary of Defense may give support to friendly foreign countries in connection with operations designated under subsection (b). (b) Designated Operations. (1) The Secretary must designate which operations qualify for this support. (2) The Secretary must notify the appropriate congressional committees of each designation. (3) Every year, the Secretary must review the currently designated operations to decide whether each still merits continuing designation for another year. If so, the Secretary (A) may continue the designation for another year, and (B) if so, must notify Congress that the designation is continuing. (c) Types of Support Authorized. The support allowed is: (1) logistics, supplies, and services to a friendly country's security forces taking part in (A) an operation with U.S. armed forces, or (B) a military or stability operation that benefits U.S. national security; (2) logistics, supplies, and services (A) to a friendly country's military solely to improve interoperability of logistics systems in a combined operation with the United States, or (B) to a friendly government's nonmilitary logistics or security agency, if it directly benefits U.S. forces; (3) buying equipment to loan to a friendly country's forces in a U.S.-supported coalition operation, to boost capability or interoperability with U.S. and coalition forces; (4) specialized training for a friendly country's personnel connected to such an operation, including pre-deployment training; and (5) small-scale construction supporting a friendly country's forces in a U.S.-supported operation, if the construction is directly linked to their ability to take part and limited to the operation's geographic area. If such construction costs more than $750,000, the notice to Congress under (b)(2) must include the location, project title, cost, a specific Defense Department form, and a plan of nearby infrastructure investments. (d) Certification Required. (1) For an operation the United States is not participating in, the Secretary of Defense may support a friendly country only if (A) the Secretary of Defense and the Secretary of State jointly certify to Congress that the operation serves U.S. national security interests, and (B) 15 days have passed since that certification. (2) The certification must come with a report describing (A) the operation and its geographic area; (B) participating countries; (C) the type and duration of support; (D) the U.S. national security interests involved; (E) each entity the friendly country is fighting, and whether it is covered by a use-of-force authorization; and (F) anything else the two Secretaries consider significant. (e) Secretary of State Concurrence. Support under subsection (a) may be given only with the Secretary of State's agreement. (f) Support Otherwise Prohibited by Law. The Secretary of Defense may not use this authority to give support that is banned by some other law. (g) Limitations on Value. (1) Support provided under (c)(1), (4), and (5) combined may not exceed $450,000,000 in any fiscal year. (2) Support provided under (c)(2) may not exceed $5,000,000 in any fiscal year. (h) Logistic Support, Supplies, and Services Defined. This term has the meaning given in section 2350(1) of this title.