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10 U.S.C. § 332Friendly foreign countries; international and regional organizations: defense institution capacity building

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 566 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may send civilians and troops to advise foreign defense ministries, with State approval. The program builds institutional capacity, oversight, and training for foreign defense and security organizations. The Secretary must notify Congress before each regional-organization assignment and report yearly on program activities.

(a) Ministry of Defense Advisor Authority With the Secretary of State's agreement, the Secretary of Defense can run a program that assigns Defense Department civilian employees and members of the armed forces as advisors. They advise the ministries of defense — or similar security agencies — of foreign countries, or regional organizations with security missions. The goals are: (1) giving institutional, ministry-level advice and other training, to support stabilization or post-conflict work; or (2) helping that ministry or organization build its core institutional capacity, skills, and abilities to manage defense-related processes. (b) Training of Personnel of Foreign Ministries With Security Missions (1) In general: With the Secretary of State's agreement, the Secretary of Defense can run a program providing advisors or trainers to give training and support services to personnel of foreign defense ministries — or ministries overseeing security forces — or regional security organizations. The purposes include: (A)(i) strengthening civilian oversight of foreign security forces; (ii) establishing responsible, transparent, and accountable defense institutions and internal controls; (iii) assessing organizational weaknesses and planning a roadmap to fix them; and (iv) improving core management skills at the ministry, staff, or service level; and (B) any other purpose the Secretary decides fits within the authority in subsection (a). (2) Notice to Congress: By February 1 each year, the Secretary of Defense must report to the relevant congressional committees on the past fiscal year's program activities. Each report must include: (A) a list of activities; (B) a list of organizations given advisors or trainers, including how many were provided, how long each stayed, what they did, and what each provision cost; and (C) a full justification for any activities done under (1)(B). (c) Congressional Notice At least 15 days before assigning a civilian employee or service member as an advisor to a regional organization under subsection (a), the Secretary must notify the relevant congressional committees. The notice must include: (1) a statement that the Secretary intends to make the assignment; (2) the organization's name and the assignment's location and length; (3) a description of the assignment — including the training or assistance to be given, why it's justified, what unique skills the advisor brings, and how the assignment serves U.S. national security interests; and (4) any other information about the assignment the Secretary considers appropriate.
the actual law source: uscode.house.gov ↗public domain
(a)Ministry of Defense Advisor Authority.—

The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to assign civilian employees of the Department of Defense and members of the armed forces as advisors to the ministries of defense (or security agencies serving a similar defense function) of foreign countries or regional organizations with security missions in order to—

(1)

provide institutional, ministerial-level advice, and other training to personnel of the ministry or regional organization to which assigned in support of stabilization or post-conflict activities; or

(2)

assist such ministry or regional organization in building core institutional capacity, competencies, and capabilities to manage defense-related processes.

(b)Training of Personnel of Foreign Ministries With Security Missions.—
(1)In general.—

The Secretary of Defense may, with the concurrence of the Secretary of State, carry out a program to provide advisors or trainers to provide training and associated training support services to personnel of foreign ministries of defense (or ministries with security force oversight) or regional organizations with security missions—

(A)

for the purpose of—

(i)

enhancing civilian oversight of foreign security forces;

(ii)

establishing responsible defense governance and internal controls in order to help build effective, transparent, and accountable defense institutions;

(iii)

assessing organizational weaknesses and establishing a roadmap for addressing shortfalls; and

(iv)

enhancing ministerial, general or joint staff, or service level core management competencies; and

(B)

for such other purposes as the Secretary considers appropriate, consistent with the authority in subsection (a).

(2)Notice to congress.—

Not later than February 1 of each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on activities under the program under paragraph (1) during the preceding fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

(A)

A list of activities under the program.

(B)

A list of any organization described in paragraph (1) to which the Secretary provided advisors or trainers under the program, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each advisor or trainer so provided, and a statement of the cost of each provision of such an advisor or trainer.

(C)

A comprehensive justification of any activities conducted pursuant to paragraph (1)(B).

(c)Congressional Notice.—

Not later than 15 days before assigning a civilian employee of the Department of Defense or a member of the armed forces as an advisor to a regional organization with a security mission under subsection (a), the Secretary shall submit to the appropriate committees of Congress a notification of such assignment. Such a notification shall include each of the following:

(1)

A statement of the intent of the Secretary to assign the advisor or trainer to the regional organization.

(2)

The name of the regional organization and the location and duration of the assignment.

(3)

A description of the assignment, including a description of the training or assistance proposed to be provided to the regional organization, the justification for the assignment, a description of the unique capabilities the advisor or trainer can provide to the regional organization, and a description of how the assignment serves the national security interests of the United States.

(4)

Any other information relating to the assignment that the Secretary of Defense considers appropriate.

Source credit: (Added and amended Pub. L. 114–328, div. A, title XII, § 1241(c)(1), (2), Dec. 23, 2016, 130 Stat. 2500; Pub. L. 115–91, div. A, title XII, § 1204(a), Dec. 12, 2017, 131 Stat. 1642; Pub. L. 115–232, div. A, title XII, § 1202, Aug. 13, 2018, 132 Stat. 2016; Pub. L. 117–263, div. A, title XII, § 1202(b), Dec. 23, 2022, 136 Stat. 2823.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-328 · 130 Stat. 2500
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1642
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 2016
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2823

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

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