Section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017, referred to in par. (4), is section 1241(n) of Pub. L. 114–328, which is set out as a note below.
2023—Par. (8). Pub. L. 118–31 substituted “$2,000,000” for “$1,500,000”.
2018—Par. (8). Pub. L. 115–232 substituted “$1,500,000” for “$750,000”.
Pub. L. 114–328, div. A, title XII, § 1253(b),
Pub. L. 119–60, div. A, title X, § 1086, “(a) Not later than 180 days after the date of the enactment of this Act [“(b) The framework produced pursuant to subsection (a) shall include the following:“(1) Guidelines for balancing the protection of technology and classified information with the requirement to share technology and classified defense information.“(2) A process to gather, consider, and, as appropriate, incorporate input from Federal agencies and industry stakeholders, in accordance with subsection (d), to inform revisions to the technology transfer and foreign disclosure policies and processes of the Department of Defense.“(3) Recommendations for updating the National Disclosure Policy to accommodate the use of emerging and advanced defense such as artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, cybersecurity, quantum technologies, hypersonics, autonomous systems, and such other technologies as the Secretary determines appropriate.“(4) Mechanisms to enable the military departments and the Defense Technology Security Administration to streamline the approval process for technology transfers.“(5) Mechanisms to enhance transparency to ensure the technology transfer policies of the Department of Defense and each of the military departments specifically are comparable with respect to capability and country release tiers for emerging and advanced defense items.“(6) A plan to consolidate technology security and foreign disclosure approvals in accordance with Executive Order 14268, titled ‘Reforming Foreign Defense Sales to Improve Speed and Accountability’ and dated “(7) An updated Department of Defense Directive 5111.21 to address roles, responsibilities and members of the Arms Transfer and Technology Release Senior Steering Group of the Department of Defense.“(8) Metrics to evaluate the effectiveness of the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States while ensuring protection of United States technology.“(9) An annual requirement to conduct an audit of license applications that were denied during the prior year on the basis of technology transfer policies of the military departments or the Defense Technology Security Administration.“(10) A description of the charter of each technology security and foreign disclosure committee, its participants, and its relationship to other technology security and foreign disclosure committees.“(c) Not later than one year after the date of the submission of the framework under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall direct the Secretary of each of the military departments and the heads of the technology security and foreign disclosure committees to revise the technology transfer policy of that department and the Under Secretary of Defense for Policy to revise the National Disclosure Policy, based on the elements of the framework under subsection (b).“(d) At least once every six months, the Secretaries of the military departments, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy shall consult with such representatives from the defense industry as the Secretaries and Under Secretary consider appropriate, including representatives from nontraditional defense contractors (as such term is defined by section 3014 of title 10, United States Code) in the course of carrying out subsections (a), (b), and (c).“(e) “(1) Not later than 180 days after the date of the enactment of this Act [“(2) Not later than one year after the date of the submission of the framework required under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:“(A) A description of any actions taken to improve the technology transfer policies of the military departments and the technology security and foreign disclosure committees in accordance with the implementation requirements under subsection (c).“(B) A description of actions taken to implement or incorporate industry recommendation into the technology transfer policies of the military departments and the National Disclosure Policy.“(C) A summary of any feedback from industry stakeholders with respect to current applications of the technology transfer policies of the military departments and the National Disclosure Policy, and a description of any actions taken to address such feedback.“(D) The results of an audit of license applications that were denied during the preceding 12-month period on the basis of technology transfer policies of the military departments or the technology security and foreign disclosure committees, including information and data that link such denials to the policies in effect at the time of denial.“(E) Any recommendations of the Secretary for legislation necessary to improve technology release and foreign disclosure policies of the Department of Defense.“(3) Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.”
Pub. L. 119–60, div. A, title XII, § 1214, “(a) Not later than 90 days after the date of the enactment of this Act [“(b) Not later than “(c) The office required by subsection (b) shall be responsible for the following:“(1) Coordinating with allies and partners to identify and procure specified non-program of record systems.“(2) Facilitating discussions between industry and foreign allies and partners on new specified non-program of record systems.“(3) Liaising with combatant commands to identify new specified non-program of record systems aligned with the strategic priorities of the combatant commands for theater security cooperation.“(4) Promoting capabilities with foreign allies and partners that align with priority capabilities for the combatant commands.“(5) Developing foreign military sales cases for specified non-program of record systems to expedite deliveries of such systems to foreign allies and partners.“(6) Coordinating internal Department of Defense approval processes to expedite the delivery of specified non-program of record systems.“(7) Other relevant responsibilities as determined by the Secretary.“(d) Not later than 30 days after completion of the assessment required by subsection (a), the Secretary shall provide the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate with a briefing on the responsibilities, resources, and plan of activities for the non-program of record office that is to be established in accordance with subsection (b).“(e) In this section, the term ‘specified non-program of record system’ means a system that does not exist formally as a program of record within the Department of Defense, including the following:“(1) Type A (Modified/Former Department of Defense program of record), which includes requests to modify an existing program of record with non-program of record elements and requests tied to former programs of record.“(2) Type B (Military Unique), which includes commercial capabilities that are designed, modified, or built specifically for military applications and are not current or former programs of record.“(3) Type C (Commercial), which includes a ‘commercial product’—“(A) as such term is defined in section 2.101 of the Federal Acquisition Regulation; and“(B) that is not classified.”
Pub. L. 119–60, div. A, title XII, § 1215, “(a) Not later than 180 days after the date of the enactment of this Act [“(b) The updated guidance required by subsection (a) shall do the following: (1) Streamline the roles and responsibilities relating to Department processes for international arms transfers (including the foreign military sales and technology security and foreign disclosure processes in accordance with section 1086 [set out as a note above]) so as to ensure effective implementation of such roles and responsibilities among the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Defense Security Cooperation Agency, the Defense Technology Security Administration, and the military departments.“(2) Designate a lead official who, in coordination with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall be responsible for collecting, tracking, coordinating, and sharing data and information on Foreign Military Sales cases for the purposes of—“(A) facilitating transparency across the Department of Defense international cooperation enterprise (including industry and international partners within such enterprise and components and subcomponents of the Department); and“(B) sharing information on foreign military sales case development, execution, contracting, and implementation processes.“(3) Develop a framework to facilitate the use of the foreign military sales process to deliver defense articles and services to allies and partners through programs other than a program of record in accordance with section 1214 [set out as a note above].“(4) Set forth foreign military sales-specific guidance that—“(A) identifies security cooperation priorities;“(B) is informed by priorities identified in the National Defense Strategy, Department planning guidance, and theater campaign plans; and“(C) takes into consideration—“(i) the risk factors for arms transfers identified in the Arms Export Control Act (22 U.S.C. 2751 et seq.); and“(ii) the industrial capacity for production.“(c) Not later than 30 days prior to the issuance of the updated guidance required by subsection (a), the Secretary shall provide the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives with a briefing on the development and implementation of such guidance that describes the manner in which the procedures set forth in the guidance will streamline, and enhance the transparency of, international cooperation processes of the Department.“(d) Not later than 180 days after the date of the enactment of this Act, the Secretary shall disseminate the foreign miliary sales-specific guidance described in subsection (b)(4) to the Department of Defense international cooperation enterprise.”
Pub. L. 119–60, div. A, title XII, § 1234, “(a) The Secretary of Defense, upon request by the Ministry of Defense of a covered partner country and in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, is authorized to carry out, jointly with the covered partner country, research, development, test, and evaluation of emerging technologies to further the warfare capabilities of the United States and the covered partner country to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation.“(b) Any activity carried out pursuant to the authority of subsection (b) [probably should be “subsection (a)”] shall be conducted in a manner that robustly protects sensitive information and the national security interests of the United States and the covered partner country.“(c) Any activity authorized under subsection (a), including fundamental research, open source, and standards-related activities, for the development, production, or use of goods, technology, software, knowledge, or source code shall be subject to—“(1) the Export Administration Regulations under subchapter C [of chapter VII of subtitle B] of title 15, Code of Federal Regulations; and“(2) all other laws applicable to the control of arms exports.“(d) None of the activities described in subsection (a) may be carried out with respect to a covered partner country until the date on which the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence submits to the appropriate congressional committees a report with respect to that partner country that includes the following:“(1) A memorandum of agreement between the United States and the covered partner country regarding sharing of costs and security safeguards for the activities described in subsection (a), and any supporting documents.“(2) A certification that such memorandum of agreement—“(A) requires sharing of costs of the activities and security safeguards described in subsection (a), including in-kind support, between the United States and the covered partner country;“(B) establishes the rights of the United States to any intellectual property developed under the memorandum of agreement;“(C) requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the government of the covered partner country, including—“(i) a description of what the funds have been used for;“(ii) a description of when funds were expended;“(iii) an identification of entities that expended the funds; and“(iv) the export control regimes in place in the covered partner country to protect sensitive technology, including related intellectual property and innovation efforts; and“(D) includes robust safeguards against the ability of the People’s Republic of China or other foreign adversaries of the United States from, directly or indirectly, accessing, acquiring, or benefitting from any potential innovation, technology, research, product, or application funded, produced, or utilized by the partnership.“(e) Not earlier than the date on which the Secretary of Defense submits the first report pursuant to subsection (d), the Secretary shall designate the Irregular Warfare Technology Support Directorate of the Department of Defense as the lead agency of the Department in carrying out this section.“(f) The Secretary of Defense shall submit to the appropriate congressional committees on a semiannual basis a report that contains a copy of the most recent semiannual report provided by the government of each covered partner country to the Department of Defense pursuant to subsection (d)(2)(C).“(g) In this section—“(1) the term ‘appropriate congressional committees’ means—“(A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and“(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and“(2) the term ‘covered partner country’ means a country that, as of
Pub. L. 118–159, div. A, title X, § 1087, “(a) Not later than 90 days after the date of the enactment of this Act [“(b) “(1) The Secretary shall designate a senior civilian officer of the Department of Defense or senior military officer with experience leading relevant efforts, as determined by the Secretary, to serve as the head of the working group.“(2) The Secretary shall establish a process to determine which allies and partners of the United States shall be asked to participate as member countries in the working group.“(c) The responsibilities of the working group shall be to develop and coordinate efforts to implement an artificial intelligence initiative between the Department of Defense and allies and partners of the United States, including by—“(1) comparing tools and practices for artificial intelligence systems for covered operational uses by member countries;“(2) identifying (including by experimenting, testing, and evaluating) potential solutions to advance and accelerate the interoperability of artificial intelligence systems used for intelligence sharing, battlespace awareness, and other covered operational uses;“(3) developing a shared strategy for the research, development, test, evaluation, and employment of artificial intelligence systems for covered operational uses carried out jointly by the member countries;“(4) managing data for artificial intelligence systems, including multi-level security of training and operational data used by such systems;“(5) testing and evaluating the capabilities of the defense industrial base of the member countries to incorporate artificial intelligence systems into systems used for covered operational uses;“(6) expanding innovation efforts by the member countries and share among such countries best practices for the accelerated procurement and adoption of artificial intelligence technologies for covered operational uses; [and]“(7) carrying out such other activities as the Secretary determines to be relevant to such responsibilities.“(d) The Secretary shall seek to ensure that any knowledge or technical data produced by a member country under any cooperative project carried out by the working group shall be controlled by that country under the export control laws and regulations of that country and shall not be subject to the jurisdiction or control of any other member country.“(e) “(1) Except as provided in paragraph (2), the working group shall terminate on “(2) The Secretary may extend the termination date under paragraph (1) if the Secretary determines such extension to be in the national security interests of the United States.“(f) In this section:“(1) The term ‘battlespace awareness’ has the meaning given that term in the Joint Publication 1–02 of the Department of Defense, titled ‘Department of Defense Dictionary of Military and Associated Terms’, or successor publication.“(2) The term ‘covered operational use’ means use by a government for operations in a defense context.“(3) The term ‘member country’ means a member country of the working group.”
Pub. L. 118–159, div. A, title XII, § 1208, “(a) The Secretary of Defense, with the concurrence of the Secretary of State, may accept, manage, and expend contributions, including funds and defense articles and defense services, from foreign governments for mutually agreed upon purposes to carry out security cooperation programs and activities of the Department of Defense authorized by—“(1) chapter 16 of title 10, United States Code;“(2) the Taiwan Security Cooperation Initiative authorized by section 1323 [22 U.S.C. 3302 note]; or“(3) section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068).“(b) “(1) Contributions of funds accepted under subsection (a) shall be placed in an account established for such purpose and shall remain available for the following 2 fiscal years for the mutually agreed upon purposes specified in subsection (a).“(2) Contributions of defense articles accepted under subsection (a) shall be placed in United States inventory.“(3) The Secretary of Defense shall establish a separate sub-account for each country under the account established under paragraph (1).“(4) Such expenditures and provision of defense articles and services shall comply with the prohibitions and limitations, notice, reporting, and other requirements specified in such authorities or applicable statute.“(c) Funds accepted or otherwise made available under subsection (a) may not be expended, in whole or in part, for any purpose for which Congress has previously denied funds.“(d) Not later than 48 hours after receiving a contribution under subsection (a), the Secretary of Defense shall provide to the appropriate committees of Congress a written notification that, at a minimum, includes an identification of the following:“(1) The foreign government making the contribution.“(2) The mutually agreed upon purpose for which the contribution is being made.“(3) The process and anticipated timeline for the use of such contribution under the authorities specified in subsection (a).“(4) Any other condition or limitation placed on the contribution by the foreign government making the contribution.“(e) Not later than “(1) An identification of the foreign government or governments involved from which contributions were received.“(2) For each foreign government—“(A) the amount of funds, equipment, or type of services provided by the foreign government; and“(B) the amount of any remaining unobligated balance or accepted equipment remaining in United States inventory.“(3) A description of the purpose of such contributions were provided.“(4) A description of any written agreement entered into with a country under this section, including the date on which the agreement was signed.“(f) “(1) Not later than 30 days after the signature, conclusion, or other finalization of any non-binding instrument related to the implementation of this section, the President shall submit to the appropriate committees of Congress the text of such agreement or instrument.“(2) To the extent the text of a non-binding instrument is submitted to the appropriate committees of Congress pursuant to paragraph (1), such text shall not be required to be submitted to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, United States Code. Paragraph (1) may not be construed to relieve the executive branch of any other requirement of section 112b of title 1, United States Code, or any other provision of law.“(3) “(A) The term ‘text’, with respect to a non-binding instrument, includes—“(i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument; and“(ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument.“(B) The term ‘contemporaneously and in conjunction with’—“(i) shall be construed liberally; and“(ii) may not be interpreted to require any action to have occurred simultaneously or on the same day.“(g) In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and“(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.“(h) Nothing in this section may be construed as circumventing the applicable requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).“(i) The authority provided by this section shall terminate on
Pub. L. 118–31, div. A, title VIII, § 873, “(a) Each commander of a geographic combatant command shall use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two members of the acquisition workforce (as defined in section 101 of such title) or contracting officers who are qualified to advise the combatant command on the processes for foreign military sales authorized under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) and the Department of Defense security cooperation processes under chapter 16 of title 10, United States Code, for the purpose of facilitating the effective implementation of such processes.“(b) “(1) Not later than “(A) to raise awareness and understanding among officials of foreign governments, covered embassy personnel, and representatives of the defense industrial base with respect to the role of the Department of Defense in implementing the foreign military sales process and the Department of Defense security cooperation process; and“(B) to raise awareness—“(i) within the private sector of the United States with respect to—“(I) foreign demand for United States weapon systems; and“(II) potential foreign industry partnering opportunities; and“(ii) among officials of foreign governments and covered embassy personnel with respect to potential United States materiel solutions for capability needs.“(2) In conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the defense industrial base and government officials while minimizing cost, by—“(A) ensuring that information provided at the industry day is unclassified;“(B) making the industry day publicly accessible through teleconference or other virtual means; and“(C) posting any supporting materials on a publicly accessible internet website.“(3) In this subsection, the term ‘covered embassy personnel’ means personnel at United States diplomatic and consular posts and personnel of foreign missions located in the United States.“(c) Not later than 180 days after the date of the enactment of this Act [“(d) “(1) Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each designate an individual to serve as a single point of contact—“(A) to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and“(B) to respond to inquiries from representatives of the defense industrial base and partner countries.“(2) The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for each individual designated under paragraph (1) is publicized at each industry day conducted under subsection (b) and disseminated among the members of the advisory group established under subsection (c).“(3) The responsibilities of each individual designated under paragraph (1) shall terminate on the date specified in subsection (f).“(e) Not later than “(f) The requirements of and the authority under this section shall cease to have effect on
Pub. L. 118–31, div. A, title IX, § 918, “(a) “(1) The Secretary of Defense shall carry out an initiative to reform and improve the policies, processes, and procedures applicable to technology release and foreign disclosure decisions by the Department of Defense.“(2) The objectives of such initiative shall be—“(A) to develop recommendations for the continuous improvement of such policies, processes, and procedures within the Department and across other departments and agencies of the Federal Government involved in technology release and foreign disclosure decisions;“(B) to increase efficiency and reduce timelines for the processing of such decisions;“(C) to standardize, to the extent practicable, processes and information sharing systems applicable to such decisions; and“(D) to provide for the continuous exchange of timely and relevant information among—“(i) the principal organizations involved in technology release and foreign disclosure decisions;“(ii) the broader acquisition and portfolio acquisition executive communities; and“(iii) interagency partners of the Department.“(3) For purposes of the initiative required under paragraph (1), the Secretary of Defense may—“(A) establish a new initiative;“(B) modify an existing initiative of the Department of Defense; or“(C) carry out the initiative through a combination of the approaches described in subparagraphs (A) and (B).“(b) “(1) In conjunction with the initiative required under subsection (a), the Under Secretary of Defense for Policy shall develop metrics for the management of the technology release and foreign disclosure process to provide objective and subjective measures of performance and improve senior leader decision-making in the Department of Defense.“(2) The metrics developed under paragraph (1) shall include—“(A) methods for tracking individual technology release and foreign disclosure decisions made by the Defense Technology Security Administration;“(B) objectives and deadlines related to the completion of such decisions; and“(C) a method of prioritizing among technology release and foreign disclosure requests that takes into account—“(i) the importance of the request to the national security of the United States; and“(ii) the risks associated with the release or disclosure.“(3) Not later than “(c) Not later than 90 days after the date of the enactment of this Act [“(1) the Under Secretary of Defense for Policy shall establish or designate—“(A) one position within the Office of the Under Secretary to lead the development and oversee the implementation of technology release and foreign disclosure policies for the Department of Defense; and“(B) one position within the Office to coordinate information and outreach to relevant stakeholders on relevant Department of Defense technology release and foreign disclosure policies and to respond to inquiries from representatives of the commercial defense industry and partner countries; and“(2) each Secretary of a military department shall establish or designate—“(A) one position within the department under the jurisdiction of such Secretary to lead the development and oversee the implementation of technology release and foreign disclosure policies for that department; and“(B) one position within such department to coordinate information and outreach to relevant stakeholders on relevant Department of Defense technology release and foreign disclosure policies and to respond to inquiries from representatives of the commercial defense industry and partner countries.“(d) “(1) Not later than “(A) An assessment of the staffing levels of the organizations specified in paragraph (2).“(B) An assessment of the feasibility and advisability of consolidating the functions and organizations of the Department of Defense involved in technology release and foreign disclosure decisions, including the organizations specified in paragraph (2).“(C) A review of any statutes and regulations applicable to technology release and foreign disclosure, together with recommendations for any changes to such statutes and regulations.“(D) A survey and description of the data and methodology used to assess operational risk, technology risk, and the effects of technology release and foreign disclosure decisions on the defense industrial base.“(E) An assessment of the benefits of developing and implementing anticipatory policies for technology release and foreign disclosure that include standardized capability thresholds for countries and geopolitical regions, especially for emerging capabilities for partners and allies of the United States.“(F) An assessment of the extent to which the lessons learned from technology release and foreign disclosure decisions made in support of the Ukraine conflict have been applied to broader processes.“(2) The organizations specified in this paragraph are—“(A) the Defense Technology Security Administration;“(B) the Low Observable/Counter Low Observable Tri-Service Committee;“(C) the Executive Agent for Anti-Tamper;“(D) the Communications Security Review and Advisory Board; and“(E) the organizations responsible for technology release and foreign disclosure in each of the military departments.”
Pub. L. 117–263, div. A, title XII, § 1208, “(a) During fiscal years 2023 through 2027, the Secretary of Defense, in coordination with the Secretary of State, may conduct or support security cooperation programs and activities involving the national military forces or national-level security forces of a foreign country, or other covered personnel, to advise, train, and educate such forces or personnel with respect to—“(1) the recruitment, employment, development, retention, promotion, and meaningful participation in decisionmaking of women;“(2) sexual harassment, sexual assault, domestic abuse, and other forms of violence that disproportionately impact women;“(3) the requirements of women, including providing appropriate equipment and facilities; and“(4) the implementation of activities described in this subsection, including the integration of such activities into security-sector policy, planning, exercises, and training, as appropriate.“(b) Not later than 90 days after the end of each of fiscal years 2023 through 2027, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report detailing the assistance provided under this section and specifying the recipients of such assistance.“(c) In this section, the term ‘other covered personnel’ means personnel of the ministry of defense or other governmental entity carrying out similar functions of a foreign country.”
Pub. L. 117–81, div. A, title XII, § 1206, “(a) The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in section 301 of title 10, United States Code).“(b) The strategy for each covered combatant command required by subsection (a) shall include the following:“(1) A discussion of how the strategy will—“(A) support and advance United States national security interests in strategic competition with near-peer rivals;“(B) prioritize and build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness;“(C) prioritize and build the capabilities of foreign partner security forces to secure their own territory, including through operations against violent extremist groups;“(D) promote and build institutional capabilities for observance of, and respect for—“(i) the law of armed conflict;“(ii) human rights and fundamental freedoms;“(iii) the rule of law; and“(iv) civilian control of the military; and“(E) support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the threat of and reduce risks from illicit drug trafficking and other forms of transnational organized crime.“(2) A statement of the security cooperation strategic objectives for—“(A) the covered combatant command; and“(B) the covered combatant command in conjunction with other covered combatant commands.“(3) A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command.“(4) A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives.“(5) A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives.“(6) A description of Department of Defense educational programs and institutions, and international institutions, relevant to the combatant command and an assessment of the manner in which such programs and institutions contribute to achieving such strategic objectives.“(7) A discussion of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies.“(c) “(1) Not later than 180 days after the date of the enactment of this Act [“(2) Beginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by section 386(a) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a).“(d) In this section:“(1) The term ‘appropriate committees of Congress’ means—“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and“(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.“(2) The term ‘covered combatant command’ means—“(A) the United States European Command;“(B) the United States Indo-Pacific Command;“(C) the United States Central Command;“(D) the United States Africa Command;“(E) the United States Southern Command; and“(F) the United States Northern Command.”
Pub. L. 117–81, div. A, title XIII, § 1332,
Pub. L. 114–328, div. A, title XII, § 1241(n), “(1) The Secretary of Defense shall prescribe the meaning of the term ‘developing country’ for purposes of chapter 16 of title 10, United States Code, as added by subsection (a)(3), and may from time to time prescribe a revision to the meaning of that term for those purposes.“(2) The Secretary shall first prescribe the meaning of the term by not later than 270 days after the date of the enactment of this Act [“(3) Whenever the Secretary prescribes the meaning of the term pursuant to paragraph (1), the Secretary shall notify the appropriate committees of Congress of the meaning of the term as so prescribed.“(4) In this subsection, the term ‘appropriate committees of Congress’ has the meaning given that term in section 301(1) of title 10, United States Code, as so added.”
Pub. L. 114–328, div. A, title XII, § 1252, “(a) It is the policy of the United States that the principal goals of the security sector assistance programs and authorities of the United States Government are as follows:“(1) To assist partner nations in building sustainable capability to address common security challenges with the United States.“(2) To promote partner nation support for United States interests.“(3) To promote universal values, such as good governance, transparent and accountable oversight of security forces, rule of law, transparency, accountability, delivery of fair and effective justice, and respect for human rights.“(4) To strengthen collective security and multinational defense arrangements and organizations of which the United States is a participant.“(b) “(1) Not later than “(2) Each review under this subsection shall include the following:“(A) An examination [of] whether the current security sector assistance programs, policies, authorities, and resources of the United States Government are sufficient to achieve the goals specified in subsection (a), and an identification of any gaps or shortfalls needing mitigation.“(B) An examination of the success of such programs and resources in achieving such goals, based on a review of relevant departmental and interagency programmatic and strategic evaluations.“(C) An examination of the extent to which the security sector assistance of the United States Government is aligned with national security and foreign policy objectives, conducted in support of clear and coherent policy guidance, and planned and executed in accordance with identified best practices.“(D) The development of recommendations, as appropriate, for improving the security sector assistance programs, policies, authorities, and resources of the United States Government to more effectively achieve the goals specified in subsection (a) and support other national security objectives.“(3) Not later than 60 days after the completion of a review under this subsection, the President shall submit to the appropriate committees of Congress a report setting forth a summary of the review, including any recommendations developed pursuant to paragraph (2)(D).“(4) In this subsection, the term ‘appropriate committees of Congress’ has the meaning given that term in section section [sic] 301(1) of title 10, United States Code, as added by section 1241(a)(3) of this Act.”
[Memorandum of President of the United States,
[Memorandum for the Secretary of State [and] the Secretary of Defense
[By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State, in coordination with the Secretary of Defense, the functions and authorities vested in the President by section 1252 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) [set out above].
[The delegation in this memorandum shall apply to any provisions of any future public law that are the same or substantially the same as the provision referenced in this memorandum.
[The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.