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10 U.S.C. § 382 (ARMED FORCES)
§ 382. Execution and administration of programs and activities
(a) Policy Oversight and Resource Allocation.—
The Secretary of Defense shall assign responsibility for the oversight of strategic policy and guidance and responsibility for overall resource allocation for security cooperation programs and activities of the Department of Defense to a single official and office in the Office of the Secretary of Defense at the level of Under Secretary of Defense or below.
(b) Execution and Administration of Certain Programs and Activities.—
(1) In general.—
The Director of the Defense Security Cooperation Agency shall be responsible for the execution and administration of all security cooperation programs and activities of the Department of Defense involving the provision of defense articles, military training, and other defense-related services by grant, loan, cash sale, or lease.
(2) Designation of responsibility.—
The Director may designate an element of an armed force, combatant command, Defense Agency, Department of Defense Field Activity, or other element or organization of the Department of Defense to execute and administer security cooperation programs and activities described in paragraph (1) if the Director determines that the designation will achieve maximum effectiveness, efficiency, and economy in the activities for which designated.
(c) Availability of Funds.—
(1) In general.—
Funds available to the Defense Security Cooperation Agency, and other funds available to the Department of Defense for security cooperation programs and activities of the Department of Defense, may be used to implement security cooperation programs and activities of the Department of Defense authorized by this chapter.
(2) Budget justification.—
Funds necessary for implementing security cooperation programs and activities of the Department of Defense under this chapter for a fiscal year shall be identified, with appropriate justification, in the consolidated budget for such fiscal year required by section 381 of this title.
(Added Pub. L. 114–328, div. A, title XII, § 1241(m), Dec. 23, 2016, 130 Stat. 2509.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 382 was renumbered section 282 of this title.
10 U.S.C. § 385 (ARMED FORCES)
§ 385. Department of Defense support for other departments and agencies of the United States Government that advance Department of Defense security cooperation objectives
(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).
(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.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (d)(1)(B). Pub. L. 115–232 substituted “including” for “include”.
10 U.S.C. § 405 (ARMED FORCES)
§ 405. Use of Department of Defense funds for United States share of costs of United Nations peacekeeping activities: limitation
(a) Prohibition on Use of Funds.—
Funds available to the Department of Defense may not be used to make a financial contribution (directly or through another department or agency of the United States) to the United Nations—
(1) for the costs of a United Nations peacekeeping activity; or
(2) for any United States arrearage to the United Nations.
(b) Application of Prohibition.—
The prohibition in subsection (a) applies to voluntary contributions, as well as to contributions pursuant to assessment by the United Nations for the United States share of the costs of a peacekeeping activity.
(Added Pub. L. 104–106, div. A, title XIII, § 1301(a), Feb. 10, 1996, 110 Stat. 473.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 405 was renumbered section 401(e) of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Use of Department of Defense Funds for United Nations Forces
text: Pub. L. 105–261, div. A, title XII, § 1231(b), Oct. 17, 1998, 112 Stat. 2155, provided that:
“No funds available to the Department of Defense may be used—
“(1) for a monetary contribution to the United Nations for the establishment of a standing international force under the United Nations; or
“(2) to assign or detail any member of the Armed Forces to duty with a United Nations Stand By Force.”
10 U.S.C. § 408 (ARMED FORCES)
§ 408. Equipment and training of foreign personnel to assist in 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.
(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) Limitation.—
The amount of assistance provided under this section in any fiscal year may not exceed $1,000,000.
(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) Congressional Oversight.—
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.
(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.)
heading: Editorial Notes
heading: Amendments
text: 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.”
10 U.S.C. § 410 (ARMED FORCES)
[§ 410. Repealed. Pub. L. 104–106, div. A, title V, § 571(a)(1), Feb. 10, 1996, 110 Stat. 353]
text: Section, added Pub. L. 102–484, div. A, title X, § 1081(b)(1), Oct. 23, 1992, 106 Stat. 2515, related to Civil-Military Cooperative Action Program.
heading: Statutory Notes and Related Subsidiaries
heading: Pilot Outreach Program To Reduce Demand for Illegal Drugs
text: Pub. L. 102–484, div. A, title X, § 1045, Oct. 23, 1992, 106 Stat. 2494, required Secretary of Defense to conduct pilot outreach program to reduce demand for illegal drugs, required program to include outreach activities by active and reserve components of Armed Forces and focus primarily on youths in general and inner-city youths in particular, and related to payment of travel and living expenses, funding, duration of program, and reporting requirements, prior to repeal by Pub. L. 104–106, div. A, title V, § 571(b), Feb. 10, 1996, 110 Stat. 353.
heading: Congressional Findings
text: Pub. L. 102–484, div. A, title X, § 1081(a), Oct. 23, 1992, 106 Stat. 2514, related to findings of Congress as to use of military resources to assist in addressing domestic needs, prior to repeal by Pub. L. 104–106, div. A, title V, § 571(a)(2), Feb. 10, 1996, 110 Stat. 353.
10 U.S.C. § 422 (ARMED FORCES)
§ 422. Use of funds for certain incidental purposes
(a) Counterintelligence Official Reception and Representation Expenses.—
The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Department of Defense for consultation on counterintelligence matters.
(b) Promotional Items for Recruitment Purposes.—
The Secretary of Defense may use funds available for an intelligence element of the Department of Defense to purchase promotional items of nominal value for use in the recruitment of individuals for employment by that element.
(Added Pub. L. 99–569, title IV, § 401(c), Oct. 27, 1986, 100 Stat. 3195, § 140a; renumbered § 422, Pub. L. 100–26, § 9(a)(3), Apr. 21, 1987, 101 Stat. 287; amended Pub. L. 107–108, title V, § 501(a)–(b)(2), Dec. 28, 2001, 115 Stat. 1404.)
heading: Editorial Notes
heading: Amendments
text: 2001—Pub. L. 107–108 substituted “Use of funds for certain incidental purposes” for “Counterintelligence official reception and representation expenses” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1987—Pub. L. 100–26 renumbered section 140a of this title as this section.
10 U.S.C. § 423 (ARMED FORCES)
§ 423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency
(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, use of proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, and to make exceptional performance awards to personnel involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practicable.
(b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treasury as miscellaneous receipts.
(c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, management, and disposition of proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency, including effective internal systems of accounting and administrative controls.
(Added Pub. L. 99–569, title IV, § 403(a), Oct. 27, 1986, 100 Stat. 3196, § 140b; renumbered § 423 and amended Pub. L. 100–26, § 9(a)(3), (b)(3), Apr. 21, 1987, 101 Stat. 287; Pub. L. 111–84, div. A, title IX, § 921(a), (b)(1), Oct. 28, 2009, 123 Stat. 2432.)
heading: Editorial Notes
heading: Amendments
text: 2009—Pub. L. 111–84 inserted “or the Defense Intelligence Agency” after “military departments” wherever appearing.
1987—Pub. L. 100–26 renumbered section 140b of this title as this section and struck out “United States Code,” after “section 3302 of title 31,” in subsec. (a).
10 U.S.C. § 429 (ARMED FORCES)
§ 429. Appropriations for Defense intelligence elements: accounts for transfers; transfer authority
(a) Accounts for Appropriations for Defense Intelligence Elements.—
The Secretary of Defense may transfer appropriations of the Department of Defense which are available for the activities of Defense intelligence elements to an account or accounts established for receipt of such transfers. Each such account may also receive transfers from the Director of National Intelligence if made pursuant to section 102A of the National Security Act of 1947 (50 U.S.C. 3024) and transfers and reimbursements arising from transactions, as authorized by law, between a Defense intelligence element and another entity. Appropriation balances in each such account may be transferred back to the account or accounts from which such appropriations originated as appropriation refunds.
(b) Recordation of Transfers.—
Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.
(c) Availability of Funds.—
Funds transferred pursuant to subsection (a) shall remain available for the same time period and for the same purpose as the appropriation from which transferred, and shall remain subject to the same limitations provided in the law making the appropriation.
(d) Obligation and Expenditure of Funds.—
Unless otherwise specifically authorized by law, funds transferred pursuant to subsection (a) shall only be obligated and expended in accordance with chapter 15 of title 31 and all other applicable provisions of law.
(e) Defense Intelligence Element Defined.—
In this section, the term “Defense intelligence element” means any of the Department of Defense agencies, offices, and elements included within the definition of “intelligence community” under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894; amended Pub. L. 113–291, div. A, title X, § 1071(c)(5), (f)(6), Dec. 19, 2014, 128 Stat. 3508, 3510.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–291, § 1071(c)(5)(A), substituted “section 102A of the National Security Act of 1947 (50 U.S.C. 3024)” for “Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1)”.
Subsec. (c). Pub. L. 113–291, § 1071(f)(6), substituted “law” for “act”.
Subsec. (e). Pub. L. 113–291, § 1071(c)(5)(B), substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))”.
10 U.S.C. § 430 (ARMED FORCES)
§ 430. Tactical Exploitation of National Capabilities Executive Agent
(a) Designation.—
The Under Secretary of Defense for Intelligence and Security shall designate a civilian employee of the Department or a member of the armed forces to serve as the Tactical Exploitation of National Capabilities Executive Agent.
(b) Duties.—
The Executive Agent designated under subsection (a) shall—
(1) report directly to the Under Secretary of Defense for Intelligence and Security;
(2) work with the combatant commands, military departments, and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) to—
(A) develop methods to increase warfighter effectiveness through the exploitation of national capabilities; and
(B) promote cross-domain integration of such capabilities into military operations, training, intelligence, surveillance, and reconnaissance activities.
(Added Pub. L. 113–291, div. A, title XVI, § 1621(a), Dec. 19, 2014, 128 Stat. 3631; amended Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(viii), Dec. 20, 2019, 133 Stat. 1733; Pub. L. 116–283, div. A, title X, § 1081(a)(17), Jan. 1, 2021, 134 Stat. 3871.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (b)(1). Pub. L. 116–283 inserted “and Security” after “for Intelligence”.
2019—Subsec. (a). Pub. L. 116–92 substituted “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”.
10 U.S.C. § 432 (ARMED FORCES)
§ 432. Use, disposition, and auditing of funds
(a) Use of Funds.—
Funds generated by a commercial activity authorized pursuant to this subchapter may be used to offset necessary and reasonable expenses arising from that activity. Use of such funds for that purpose shall be kept to the minimum necessary to conduct the activity concerned in a secure manner. Any funds generated by the activity in excess of those required for that purpose shall be deposited, as often as may be practicable, into the Treasury as miscellaneous receipts.
(b) Audits.—
(1) The Secretary of Defense shall assign an organization within the Department of Defense to have auditing responsibility with respect to activities authorized under this subchapter.
(2) That organization shall audit the use and disposition of funds generated by any commercial activity authorized under this subchapter not less often than annually. The results of all such audits shall be reported to the congressional defense committees and the congressional intelligence committees (as defined in section 437(c) of this title) by not later than December 31 of each year.
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 438; amended Pub. L. 113–66, div. A, title IX, § 921(a), Dec. 26, 2013, 127 Stat. 827; Pub. L. 115–91, div. A, title XVI, § 1623, Dec. 12, 2017, 131 Stat. 1732.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (b)(2). Pub. L. 115–91 struck out “promptly” before “reported” and inserted before period at end “by not later than December 31 of each year”.
2013—Subsec. (b)(2). Pub. L. 113–66 substituted “the congressional defense committees and the congressional intelligence committees (as defined in section 437(c) of this title).” for “the intelligence committees (as defined in section 437(d) of this title).”
10 U.S.C. § 436 (ARMED FORCES)
§ 436. Regulations
The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations shall be consistent with this subchapter and shall at a minimum—
(1) specify all elements of the Department of Defense who are authorized to engage in commercial activities pursuant to this subchapter;
(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter;
(3) specify all officials who are authorized to grant waivers of laws or regulations pursuant to section 433(b) of this title, or to approve the establishment or conduct of commercial activities pursuant to this subchapter;
(4) designate a single office within the Department of Defense to be responsible for the oversight of all activities authorized under this subchapter;
(5) require that each commercial activity proposed to be authorized under this subchapter be subject to appropriate legal review before the activity is authorized; and
(6) provide for appropriate internal audit controls and oversight for such activities.
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439; amended Pub. L. 113–66, div. A, title IX, § 921(b), Dec. 26, 2013, 127 Stat. 827.)
heading: Editorial Notes
heading: Amendments
text: 2013—Par. (4). Pub. L. 113–66 substituted “Department of Defense” for “Defense Intelligence Agency” and “oversight” for “management and supervision”.
10 U.S.C. § 451 (ARMED FORCES)
§ 451. Maps, charts, books, and datasets
The Secretary of Defense may—
(1) have the National Geospatial-Intelligence Agency prepare nautical and aeronautical charts, topographic and geomatics maps, books, models, and datasets required in navigation and have those materials published and furnished to navigators; and
(2) acquire (by purchase, lease, license, or barter) all necessary rights, including copyrights and other intellectual property rights, required to prepare, publish, and furnish to navigators the products described in paragraph (1).
(Added Pub. L. 97–295, § 1(50)(C), Oct. 12, 1982, 96 Stat. 1299, § 2792; renumbered § 451 and amended Pub. L. 104–201, div. A, title XI, § 1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 116–283, div. A, title XVI, § 1621(b)(1), Jan. 1, 2021, 134 Stat. 4053.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2792
10:7392.
In the section, the words “Secretary of Defense” and “Defense Mapping Agency” are substituted for “Secretary of the Navy” and “United States Naval Oceanographic Office”, respectively, for consistency with 10:2791. The words “under such regulations as he prescribes” are omitted as unnecessary.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 451 was renumbered section 481 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1621(b)(1)(A), substituted “books, and datasets” for “and books” in section catchline.
Par. (1). Pub. L. 116–283, § 1621(b)(1)(B), substituted “nautical and aeronautical charts, topographic and geomatics maps, books, models, and datasets” for “maps, charts, and nautical books”.
Par. (2). Pub. L. 116–283, § 1621(b)(1)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “buy the plates and copyrights of existing maps, charts, books on navigation, and sailing directions and instructions.”
2003—Par. (1). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
1996—Pub. L. 104–201 renumbered section 2792 of this title as this section and substituted “National Imagery and Mapping Agency” for “Defense Mapping Agency” in par. (1).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of this title.