### §408. Assistance in support of Department of Defense accounting for missing United States Government personnel

(a) In General.—The Secretary of Defense may provide assistance to 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 $5,000,000.

(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.

(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.)

#### **Editorial Notes**

#### Amendments

2023—Pub. L. 118–31, §1042(a)(1), substituted "Assistance in support of" for "Equipment and training of foreign personnel to assist in" in section catchline.

Subsec. (b)(5). Pub. L. 118–31, §1042(a)(2), added par. (5).

Subsec. (d). Pub. L. 118–31, §1042(a)(3), in heading, substituted "Limitations" for "Limitation", and, in text, substituted "(1) Except as provided in paragraph (2), the" for "The" and "$5,000,000" for "$1,000,000" and added pars. (2) and (3).

Subsec. (f). Pub. L. 118–31, §1042(a)(4), (5), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: "Whenever the Secretary of Defense provides assistance to a foreign nation under this section, the Secretary shall submit to the congressional defense committees a report on the assistance provided. Each such report shall identify the nation to which the assistance was provided and include a description of the type and amount of the assistance provided."

2011—Subsec. (f). Pub. L. 112–81 amended subsec. (f) generally. Prior to amendment, text read as follows:

"(1) Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year ending in such year.

"(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:

"(A) A listing of each foreign nation provided assistance under this section.

"(B) For each nation so provided assistance, a description of the type and amount of such assistance."