ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 341Department of Defense State Partnership Program

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 520 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense, with the Secretary of State's agreement, may run "State Partnership" programs linking a state's National Guard with a foreign country's military, security forces, or disaster-response agencies. Activities with foreign security forces or agencies need advance notice to Congress and can't involve units that committed gross human rights violations. Funding for foreign countries' costs under this program is capped at $10,000,000 a year.

(a) Authority. (1) The Secretary of Defense, with the Secretary of State's concurrence, may set up a program of activities between a State or territory's National Guard and a foreign country's military forces, security forces, or disaster- or emergency-response organizations. (2) Each such program is called a "State Partnership." (b) Limitations. (1) An activity with a foreign country's security forces, or with its disaster- or emergency-response organizations, can only happen if the Secretary of Defense, with the Secretary of State's concurrence, decides it serves U.S. national security interests and tells the appropriate congressional committees at least 15 days before it starts. (2) Assistance activities under this program must also follow section 362 of this title, which bars help to units that committed gross human rights violations. (c) Coordination of activities. The Chief of the National Guard Bureau must name a director for each State and territory to coordinate that State's or territory's activities and report on them. (d) Regulations. The Secretary of Defense must issue regulations to carry out this section, including accounting procedures to make sure money spent is tracked and appropriate. (e) Availability of authorized funds for program. (1) Money Congress authorizes for the Department of Defense — including for the Army and Air National Guard — may be used to pay (A) the National Guard's costs in running these activities, and (B) a foreign country's incremental expenses in taking part. (2) Two limits apply: (A) a National Guard member's participation abroad can only be funded this way while the member is on active duty; and (B) total payments for foreign countries' incremental expenses can't exceed $10,000,000 in any fiscal year. (f) Rule of construction. Nothing here overrides any other authority that existed under title 10 as of December 26, 2013.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—
(1)In general.—

The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of activities described in paragraph (2), to support the security cooperation objectives of the United States, between members of the National Guard of a State or territory and any of the following:

(A)

The military forces of a foreign country.

(B)

The security forces of a foreign country.

(C)

Governmental organizations of a foreign country whose primary functions include disaster response or emergency response.

(2)State partnership.—

Each program established under this subsection shall be known as a “State Partnership”.

(b)Limitations.—
(1)In general.—

An activity with forces referred to in subsection (a)(1)(B) or organizations described in subsection (a)(1)(C) under a program established under subsection (a) may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.

(2)Prohibition on activities with units that have committed gross violations of human rights.—

The conduct of any assistance activities under a program established under subsection (a) shall be subject to the provisions of section 362 of this title.

(c)Coordination of Activities.—

The Chief of the National Guard Bureau shall designate a director for each State and territory to be responsible for the coordination of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program.

(d)Regulations.—

This section shall be carried out in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section. Such regulations shall include accounting procedures to ensure that expenditures of funds to carry out this section are accounted for and appropriate.

(e)Availability of Authorized Funds for Program.—
(1)In general.—

Funds authorized to be appropriated to the Department of Defense, including funds authorized to be appropriated for the Army National Guard and Air National Guard, are authorized to be available—

(A)

for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a); and

(B)

for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).

(2)Limitations.—
(A)Active duty requirement.—

Funds shall not be available under paragraph (1) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation.

(B)Incremental expenses.—

The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.

(f)Rule of Construction.—

Nothing in this section shall be construed to supersede any authority under title 10 as in effect on December 26, 2013.

Source credit: (Added and amended Pub. L. 114–328, div. A, title XII, § 1246(a)–(c), (d)(1), (2)(B), Dec. 23, 2016, 130 Stat. 2520, 2521; Pub. L. 115–232, div. A, title XII, § 1210, Aug. 13, 2018, 132 Stat. 2023; Pub. L. 116–92, div. A, title XVII, § 1731(a)(16), Dec. 20, 2019, 133 Stat. 1813.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-328 · 130 Stat. 2520, 2521
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 2023
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1813

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case