In this chapter:

1. (1) The terms “appropriate congressional committees” and “appropriate committees of Congress” mean—

   1. (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
   2. (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
2. (2) The term “defense article” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
3. (3) The term “defense service” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
4. (4) The term “developing country” has the meaning prescribed by the Secretary of Defense for purposes of this chapter in accordance with section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017.

5. (5) The term “incremental expenses”, with respect to a foreign country—

   1. (A) means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country’s participation in activities authorized by this chapter; and

   2. (B) does not include—

      1. (i) any form of lethal assistance (excluding training ammunition); or
      2. (ii) pay, allowances, and other normal costs of the personnel of the country.

6. (6) The term “national security forces”, in the case of a foreign country, means the following:

   1. (A) National military and national-level security forces of the foreign country that have the functional responsibilities for which training is authorized in section 333(a) of this title.
   2. (B) With respect to operations referred to in section 333(a)(2) of this title, military and civilian first responders of the foreign country at the national or local level that have such operations among their functional responsibilities.

7. (7) The term “security cooperation programs and activities of the Department of Defense” means any program, activity (including an exercise), or interaction of the Department of Defense with the security establishment of a foreign country to achieve a purpose as follows:

   1. (A) To build and develop allied and friendly security capabilities for self-defense and multinational operations.
   2. (B) To provide the armed forces with access to the foreign country during peacetime or a contingency operation.
   3. (C) To build relationships that promote specific United States security interests.
8. (8) The term “small-scale construction” means construction at a cost not to exceed $1,500,000 for any project.
9. (9) The term “training” has the meaning given the term “military education and training” in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).

(Added Pub. L. 114–328, div. A, title XII, § 1241(a)(3), Dec. 23, 2016, 130 Stat. 2498; amended Pub. L. 115–232, div. A, title XII, § 1203(a), Aug. 13, 2018, 132 Stat. 2016.)

References in Text

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.

Amendments

2018—Par. (8). Pub. L. 115–232 substituted “$1,500,000” for “$750,000”.

Savings Clause

Pub. L. 114–328, div. A, title XII, § 1253(b), Dec. 23, 2016, 130 Stat. 2532, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(14), Dec. 12, 2017, 131 Stat. 1600, provided that:

“Any determination or other action made or taken before the date of the enactment of this Act [

Dec. 23, 2016] under a provision of law transferred or repealed by this subtitle [subtitle E (§§ 1241–1253) of title XII of

Pub. L. 114–328, see Tables for classification] that is in effect as of the date of the enactment of this Act and is necessary for the administration of a successor authority to such provision of law under chapter 16 of title 10, United States Code, by reason of the enactment of such chapter by this subtitle shall remain in effect, in accordance with the terms of such determination or action when made or taken, for purposes of the administration of such successor authority.”

Prescription of Term “Developing Country”

Pub. L. 114–328, div. A, title XII, § 1241(n), Dec. 23, 2016, 130 Stat. 2511, provided that:

1. “(1) In general.— 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. “(2) Initial prescription.— 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 [Dec. 23, 2016].
3. “(3) Notice to congress.— 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. “(4) Appropriate committees of congress defined.— 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.”

Quadrennial Review of Security Sector Assistance Programs and Authorities of the United States Government

Pub. L. 114–328, div. A, title XII, § 1252, Dec. 23, 2016, 130 Stat. 2531, provided that:

1. “(a) Statement of Policy.— 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. “(1) To assist partner nations in building sustainable capability to address common security challenges with the United States.
   2. “(2) To promote partner nation support for United States interests.
   3. “(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. “(4) To strengthen collective security and multinational defense arrangements and organizations of which the United States is a participant.

2. “(b) Quadrennial Review.—

   1. “(1) Review required.— Not later than January 31, 2018, and every four years thereafter though 2034, the President shall complete a review of the security sector assistance programs, policies, authorities, and resources of the United States Government across the United States Government.

   2. “(2) Elements.— Each review under this subsection shall include the following:

      1. “(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.
      2. “(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.
      3. “(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.
      4. “(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. “(3) Submittal to congress.— 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. “(4) Appropriate committees of congress defined.— 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, Feb. 8, 2018, 83 F.R. 8739, provided:

[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.

[Donald J. Trump.]