Editorial Notes
Codification

Text of section, as added by Pub. L. 114–328, was based on text of subsecs. (a) to (e) of section 1211 of Pub. L. 113–291, div. A, title XII, Dec. 19, 2014, 128 Stat. 3544, which was not classified to the Code. Section was subsequently amended generally by Pub. L. 117–263.

Amendments

2023—Subsec. (b)(2)(E). Pub. L. 118–31, § 1801(a)(4)(A), substituted “bilateral” for “bi-lateral”.

Subsec. (b)(4)(E)(iii). Pub. L. 118–31, § 1801(a)(4)(B)(i), inserted “and” after semicolon at end.

Subsec. (b)(4)(H). Pub. L. 118–31, § 1801(a)(4)(B)(ii), substituted “section” for “sections” in introductory provisions.

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to annual report required by Secretary of Defense to the appropriate congressional committees setting forth a description of each program carried out to provide training, equipment, or other assistance or reimbursement.

2018—Subsec. (c)(1). Pub. L. 115–232 substituted “Sections 246, 251, 252, 253, 321,” for “Sections 311, 321, 331, 332, 333,”.

2016—Subsec. (a). Pub. L. 114–328, § 1251(b)(6), which directed striking out “under the authorities in subsection (c)” after “submitted”, was executed by striking out “under the authorities specified in subsection (c)” after “submitted”, to reflect the probable intent of Congress.

Pub. L. 114–328, § 1251(b)(1)–(5), in heading, substituted “Annual Report Required” for “Biennial Report Required”, and, in text, substituted “Not later than January 31 of each year beginning in 2018, the Secretary of Defense” for “Not later than February 1 of each of 2016, 2018, and 2020, the Secretary of Defense”, “appropriate congressional committees” for “congressional defense committees”, “assistance” for “security assistance”, and “the fiscal year” for “the two fiscal years” and inserted “under the authorities in subsection (c)” after “Department of Defense”.

Subsec. (b)(1). Pub. L. 114–328, § 1251(c)(1), inserted “, duration,” after “purpose”.

Subsec. (b)(2). Pub. L. 114–328, § 1251(c)(2), substituted “The cost and expenditures” for “The cost”.

Subsec. (b)(4) to (6). Pub. L. 114–328, § 1251(c)(3), added pars. (4) to (6).

Subsec. (c)(1). Pub. L. 114–328, § 1246(d)(2)(A), which directed amendment of subsec. (c)(1) by inserting “341,” after “333,”, was executed by making the insertion after “321,” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 115–232. See 2018 Amendment note above.

Pub. L. 114–328, § 1251(d)(1), added par. (1) and struck out former par. (1) which read as follows: “Section 127d of title 10, United States Code, relating to authority to provide logistic support, supplies, and services to allied forces participating in a combined operation with the Armed Forces.”

Subsec. (c)(2), (3). Pub. L. 114–328, § 1251(d)(6), substituted “of this title” for “of title 10, United States Code”.

Subsec. (c)(4). Pub. L. 114–328, § 1251(d)(2), (3), (6), redesignated par. (6) as (4), substituted “of this title” for “of title 10, United States Code”, and struck out former par. (4) which read as follows: “Section 2010 of title 10, United States Code, relating to authority to reimburse foreign troops for participation in combined exercises.”

Subsec. (c)(5). Pub. L. 114–328, § 1251(d)(2), (3), (6), redesignated par. (8) as (5), substituted “of this title” for “of title 10, United States Code”, and struck out former par. (5) which read as follows: “Section 2011 of title 10, United States Code, relating to authority to reimburse foreign troops for participation in Joint Combined Exercise Training.”

Subsec. (c)(6). Pub. L. 114–328, § 1251(d)(3), redesignated par. (9) as (6). Former par. (6) redesignated (4).

Subsec. (c)(7). Pub. L. 114–328, § 1251(d)(2), (3), redesignated par. (13) as (7) and struck out former par. (7) which read as follows: “Section 2282 of title 10, United States Code (as added by section 1205 of this Act), relating to authority to build the capacity of foreign military forces, or the predecessor authority to such section in section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456).”

Subsec. (c)(8), (9). Pub. L. 114–328, § 1251(d)(3), redesignated pars. (14) and (15) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (5) and (6), respectively.

Subsec. (c)(10). Pub. L. 114–328, § 1251(d)(2), (3), redesignated par. (16) as (10) and struck out former par. (10) which read as follows: “Section 1205 of the National Defense Authorization Act for Fiscal Year 2014 (32 U.S.C. 107 note), relating to authority for National Guard State Partnership program.”

Subsec. (c)(11), (12). Pub. L. 114–328, § 1251(d)(2), (4), added pars. (11) and (12) and struck out former pars. (11) and (12) which read as follows:

“(11) Section 1081 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 168 note), relating to the Ministry of Defense Advisors program.

“(12) Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note), relating to the Global Security Contingency Fund.”

Subsec. (c)(13). Pub. L. 114–328, § 1251(d)(5), redesignated par. (17) as (13). Former par. (13) redesignated (7).

Subsec. (c)(14) to (16). Pub. L. 114–328, § 1251(d)(3), redesignated pars. (14) to (16) as (8) to (10), respectively.

Subsec. (c)(17). Pub. L. 114–328, § 1251(d)(5), redesignated par. (17) as (13).

Subsec. (d). Pub. L. 114–328, § 1251(e), designated existing provisions as par. (1) and inserted heading, substituted “Except as provided in paragraph (2), if any information” for “If any information”, and added par. (2).

Subsec. (e). Pub. L. 114–328, § 1251(f), inserted “that may also include other sensitive information” after “annex”.

Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title XII, § 1246(d)(2), Dec. 23, 2016, 130 Stat. 2521, provided that the amendment made by section 1246(d)(2)(A) is effective as of January 1, 2020.

Applicability of Amendment to Annual Report Requirements

Pub. L. 117–263, div. A, title XII, § 1202(e), Dec. 23, 2022, 136 Stat. 2826, provided that: “With respect to a report that was required to be submitted under section 386 of title 10, United States Code, prior to the date of the enactment of this Act [Dec. 23, 2022], that has not been submitted as of such date and relates to a year preceding fiscal year 2023, such a report may be submitted in accordance with—

“(1)
the requirements of such section 386 as amended by subsection (d); or
“(2)
the requirements of such section 386 as in effect on the day before the date of the enactment of this Act.”