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10 U.S.C. § 385Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense can support other federal agencies' foreign assistance programs if they help meet Defense Department security goals and the Department can't do the work itself. Support is capped at $75 million a year, and Congress must get 30 days' notice before money is transferred.

(a) Support Authorized. Subject to subsection (c), the Secretary of Defense may support other U.S. government departments and agencies to help carry out foreign assistance programs described in subsection (b), when doing so advances the Department of Defense's security cooperation goals. (b) Foreign Assistance Programs and Activities. This support can only go to foreign assistance programs and activities that: (1) are necessary for a Department of Defense security-cooperation program under this chapter to work; and (2) the Department can't carry out itself. (c) Annual Limitation on Amount of Support. This kind of support can't total more than $75,000,000 in any fiscal year. (d) Notice and Wait. Before money can be transferred to support a program or activity under subsection (a), two things must happen: (1) the Secretary and the head of the receiving department or agency must jointly send Congress's defense committees a notice describing: (A) the purpose and estimated cost of the program; (B) how it advances Defense Department security-cooperation goals, including the relevant combatant command's plan; (C) why it will advance those goals; (D) why the Department can't do it itself; (E) any funds the other department or agency has already set aside for it; and (F) a timeline for the support; and (2) 30 days must pass after that notice is sent.
the actual law source: uscode.house.gov ↗public domain
(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).

Source credit: (Added Pub. L. 114–328, div. A, title XII, § 1241(m), Dec. 23, 2016, 130 Stat. 2511; amended Pub. L. 115–232, div. A, title XII, § 1204(c)(1)(E), Aug. 13, 2018, 132 Stat. 2017.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-328 · 130 Stat. 2511
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 2017

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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