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10 U.S.C. § 408Assistance in support of Department of Defense accounting for missing United States Government personnel

submitted 18 years ago by Pub. L. 110-181 to r/title-10-ARMED-FORCES · 297 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may give foreign nations help recovering missing U.S. personnel. The Secretary of State must approve this aid, which needs congressional notice if over $15 million. Nations that support terrorism can't receive this assistance, and Defense must report yearly.

(a) In general The Secretary of Defense may give assistance to, and buy goods and services from, any foreign nation, to help the Department of Defense recover and account for missing United States government personnel. (b) Types of assistance This assistance may include: (1) equipment; (2) supplies; (3) services; (4) training of personnel; and (5) funds. (c) Approval by Secretary of State Assistance cannot be given to a foreign nation under this section unless the Secretary of State specifically approves it. (d) Limitations (1) Except as allowed under paragraph (2), the total assistance given under this section in a fiscal year cannot exceed $15,000,000. (2) The Secretary of Defense may waive that $15,000,000 limit, but must notify the congressional defense committees of the waiver and explain why it is necessary. (3) No assistance may go to a foreign nation whose government the Secretary of State has determined has repeatedly supported international terrorism, under: (A) the Export Control Reform Act of 2018; (B) the Foreign Assistance Act of 1961; or (C) the Arms Export Control Act. (e) Construction with other assistance This authority to help foreign nations is in addition to — not instead of — any other legal authority to give assistance to foreign nations. (f) Annual report By December 31 of each year, the Secretary of Defense must give the congressional defense committees a report on the assistance provided under this section during the previous fiscal year.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Secretary of Defense may provide assistance to and procure goods and services from any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States Government personnel.

(b)Types of Assistance.—

The assistance provided under subsection (a) may include the following:

(1)

Equipment.

(2)

Supplies.

(3)

Services.

(4)

Training of personnel.

(5)

Funds.

(c)Approval by Secretary of State.—

Assistance may not be provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance.

(d)Limitations.—
(1)

Except as provided in paragraph (2), the amount of assistance provided under this section in any fiscal year may not exceed $15,000,000.

(2)

The Secretary may waive the limitation under paragraph (1) if the Secretary submits to the congressional defense committees notice of the waiver together with the reasons why the waiver is necessary.

(3)

No assistance may be provided under this section to a foreign nation the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to—

(A)

section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));

(B)

section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); or

(C)

section 40 of the Arms Export Control Act (22 U.S.C. 2780).

(e)Construction With Other Assistance.—

The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law.

(f)Annual Report.—

Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.

Source credit: (Added Pub. L. 110–181, div. A, title XII, § 1207(a), Jan. 28, 2008, 122 Stat. 367; amended Pub. L. 112–81, div. A, title X, § 1064(5), Dec. 31, 2011, 125 Stat. 1587; Pub. L. 118–31, div. A, title X, § 1042(a), Dec. 22, 2023, 137 Stat. 388; Pub. L. 119–60, div. A, title X, § 1041, Dec. 18, 2025, 139 Stat. 1035.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-181 · 122 Stat. 367
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1587
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 388
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1035

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-181 on 2008-01-28.

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