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119th Congress

Title 10 — Armed Forces

Part I · Chapter 16 — Security Cooperation

§ 341. Department of Defense State Partnership Program

Statutory text

(a)

Authority.—

(1)

In general.—

The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of activities described in paragraph (2), to support the security cooperation objectives of the United States, between members of the National Guard of a State or territory and any of the following:

(A)

The military forces of a foreign country.

(B)

The security forces of a foreign country.

(C)

Governmental organizations of a foreign country whose primary functions include disaster response or emergency response.

(2)

State partnership.—

Each program established under this subsection shall be known as a “State Partnership”.

(b)

Limitations.—

(1)

In general.—

An activity with forces referred to in subsection (a)(1)(B) or organizations described in subsection (a)(1)(C) under a program established under subsection (a) may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.

(2)

Prohibition on activities with units that have committed gross violations of human rights.—

The conduct of any assistance activities under a program established under subsection (a) shall be subject to the provisions of section 362 of this title.

(c)

Coordination of Activities.—

The Chief of the National Guard Bureau shall designate a director for each State and territory to be responsible for the coordination of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program.

(d)

Regulations.—

This section shall be carried out in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section. Such regulations shall include accounting procedures to ensure that expenditures of funds to carry out this section are accounted for and appropriate.

(e)

Availability of Authorized Funds for Program.—

(1)

In general.—

Funds authorized to be appropriated to the Department of Defense, including funds authorized to be appropriated for the Army National Guard and Air National Guard, are authorized to be available—

(A)

for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a); and

(B)

for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).

(2)

Limitations.—

(A)

Active duty requirement.—

Funds shall not be available under paragraph (1) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation.

(B)

Incremental expenses.—

The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.

(f)

Rule of Construction.—

Nothing in this section shall be construed to supersede any authority under title 10 as in effect on .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title XII § 1246(a) · 130 Stat. 2000

    Enacted · 10 U.S.C. § 341

    Added and amended Pub. L. 114–328, div. A, title XII, § 1246(a)–(c), (d)(1), (2)(B), Dec. 23, 2016, 130 Stat. 2520, 2521

    Source evidence

    Code source credit
    Added and amended Pub. L. 114–328, div. A, title XII, § 1246(a)–(c), (d)(1), (2)(B), Dec. 23, 2016, 130 Stat. 2520, 2521

    Enacted provision · exact public law section
    (a) Codification in New Chapter on Security Cooperation Activities.— Chapter 16 of title 10, United States Code, as added by section 1241(a)(3) of this Act, is amended by inserting after the table of sections at the beginning of subchapter V a new section 341 consisting of— (1) a heading as follows: “§ 341. Department of Defense State Partnership Program” ; and (2) a text consisting of subsections (a) through (g) of section 1205 of the National Defense Authorization Act for Fiscal Year 2014 (32 U.S.C. 107 note).

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  2. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(b) · 130 Stat. 2000

    1. Substituted · 10 U.S.C. § 341(b)

      Pub. L. 114–328, § 1246(b), substituted “Limitations” for “Limitation” in subsec. heading

    2. Amended · 10 U.S.C. § 341(b)

      Pub. L. 114–328, § 1246(b), designated existing provisions as par. (1)

    3. Inserted · 10 U.S.C. § 341(b)

      Pub. L. 114–328, § 1246(b), inserted par. heading

    4. Added · 10 U.S.C. § 341(b)

      Pub. L. 114–328, § 1246(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–328, § 1246(b), substituted “Limitations” for “Limitation” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2).

    Enacted provision · exact public law section
    (b) Prohibition on Activities With Units Having Committed Gross Violations of Human Rights.— Subsection (b) of section 341 of title 10, United States Code, as added by subsection (a) of this section, is amended— (1) by striking “ (b) Limitation.—An activity” and inserting the following: “(b) Limitations.— “(1) In general.— An activity” ; and (2) by adding at the end the following new paragraph: “(2) Prohibition on activities with units that have committed gross violations of human rights.— The conduct of any activities under a program established under subsection (a) shall be subject to the provisions of section 362 of this title.” .

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  3. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(c)(1) · 130 Stat. 2000

    1. Added · 10 U.S.C. § 341(d)

      Pub. L. 114–328, § 1246(c)(1), added subsec. (d)

    2. Struck · 10 U.S.C. § 341(d)

      Pub. L. 114–328, § 1246(c)(1), struck out former subsec. (d) which required the Secretary of Defense to prescribe regulations to carry out this section and to notify Congress

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–328, § 1246(c)(1), added subsec. (d) and struck out former subsec. (d) which required the Secretary of Defense to prescribe regulations to carry out this section and to notify Congress.

    Enacted provision · exact public law section
    (1) by striking subsection (d) and inserting the following new subsection (d): “(d) Regulations.— This section shall be carried out in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section. Such regulations shall include accounting procedures to ensure that expenditures of funds to carry out this section are accounted for and appropriate.” ; and

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  4. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(d)(2)(B) · 130 Stat. 2000

    1. Redesignated · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(2)(B), redesignated subsec. (g) as (f)

    2. Struck · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(2)(B), struck out former subsec. (f) which required annual reports for fiscal years 2016, 2017, and 2018

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–328, § 1246(d)(2)(B), redesignated subsec. (g) as (f) and struck out former subsec. (f) which required annual reports for fiscal years 2016, 2017, and 2018.

    Enacted provision · exact public law section
    (B) section 341 of title 10, United States Code, as added and amended by this section, is further amended— (i) by striking subsection (f); and (ii) by redesignating subsection (g) as subsection (f).

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  5. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(d)(1)(A) · 130 Stat. 2000

    1. Substituted · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(1)(A), substituted “Annual Reports” for “Reports and Notifications” in subsec. heading

    2. Added · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(1)(A), added par. (1)

    3. Struck · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(1)(A), struck out former par. (1) which related to a review and report of programs under the State Partnership Program as in effect on Dec. 26, 2013

    4. Redesignated · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(1)(A), redesignated par. (2)(B) as par. (2)

    5. Substituted · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(1)(A), substituted “Matters to be included” for “Annual report” in par. (2) heading

    6. Struck · 10 U.S.C. § 341(f)

      Pub. L. 114–328, § 1246(d)(1)(A), struck out former par. (2)(A) which required reports on activities under programs established under subsec. (a)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–328, § 1246(d)(1)(A), substituted “Annual Reports” for “Reports and Notifications” in subsec. heading, added par. (1) and struck out former par. (1) which related to a review and report of programs under the State Partnership Program as in effect on Dec. 26, 2013, redesignated par. (2)(B) as par. (2), substituted “Matters to be included” for “Annual report” in par. (2) heading, and struck out former par. (2)(A) which required reports on activities under programs established under subsec. (a).

    Enacted provision · exact public law section
    (A) by striking “(f) Reports and Notifications.—” and all that follows through “(B) Matters to be included.—” and inserting the following: “(f) Annual Reports.— “(1) In general.— Not later than February 1 following each of fiscal years 2016, 2017, and 2018, the Secretary of Defense shall submit to the appropriate congressional committees a report on activities under each program established under subsection (a) during such fiscal year. “(2) Matters to be included.— ” ; and

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  6. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(d)(1)(B)(i) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 341(f)(2)

    Pub. L. 114–328, § 1246(d)(1)(B)(i), redesignated cls. (i) to (vi) of former par. (2)(B) as subpars. (A) to (F), respectively, of par. (2) and realigned margins

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 114–328, § 1246(d)(1)(B)(i), redesignated cls. (i) to (vi) of former par. (2)(B) as subpars. (A) to (F), respectively, of par. (2) and realigned margins.

    Enacted provision · exact public law section
    (i) by redesignating clauses (i) through (vi) as subparagraphs (A) through (F), respectively, and realigning the margin of each such subparagraph two ems to the left; and

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  7. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(d)(1)(B)(ii) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 341(f)(2)(F)

    Pub. L. 114–328, § 1246(d)(1)(B)(ii), substituted “subparagraph (E)” for “clause (v)”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(F). Pub. L. 114–328, § 1246(d)(1)(B)(ii), substituted “subparagraph (E)” for “clause (v)”.

    Enacted provision · exact public law section
    (ii) in subparagraph (F), as redesignated by clause (i) of this subparagraph, by striking “clause (v)” and inserting “subparagraph (E)”.

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  8. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(d)(2)(B)(ii) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 341(g)

    Pub. L. 114–328, § 1246(d)(2)(B)(ii), redesignated subsec. (g) as (f)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–328, § 1246(d)(2)(B)(ii), redesignated subsec. (g) as (f).

    Enacted provision · exact public law section
    (ii) by redesignating subsection (g) as subsection (f).

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  9. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1246(c)(2) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 341(g)

    Pub. L. 114–328, § 1246(c)(2), substituted “under title 10 as in effect on December 26, 2013.” for “under title 10, United States Code, as in effect on the date of the enactment of this Act.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–328, § 1246(c)(2), substituted “under title 10 as in effect on December 26, 2013.” for “under title 10, United States Code, as in effect on the date of the enactment of this Act.”

    Enacted provision · exact public law section
    (2) in subsection (g), by striking “under title 10” and all that follows and inserting “under title 10 as in effect on December 26, 2013.”.

    Effective date note
    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)(B) is effective as of Jan. 1, 2020.

  10. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title XII § 1210 · 132 Stat. 1636

    Inserted · 10 U.S.C. § 341(b)(2)

    Pub. L. 115–232 inserted “assistance” after “any”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–232 inserted “assistance” after “any”.

    Enacted provision · exact public law section
    SEC. 1210. MODIFICATION TO DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM.   Section 341(b)(2) of title 10, United States Code, is amended by inserting “assistance” after “any”.

  11. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XVII § 1731(a)(16) · 133 Stat. 1198

    Inserted · 10 U.S.C. § 341(e)(2)(A)

    Pub. L. 116–92 inserted period at end

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 116–92 inserted period at end.

    Enacted provision · exact public law section
    (16) Section 341(e)(2)(A) is amended by adding a period at the end.

21 of 21 references resolved to an enrolled provision

Editorial Notes

Codification

Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a) to (g) of section 1205 of Pub. L. 113–66, div. A, title XII, , 127 Stat. 897, as amended, which was formerly set out as a note under section 107 of Title 32, National Guard, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1246(e), , 130 Stat. 2521.

Amendments2016–2019 · 3 rounds

2019

Subsec. (e)(2)(A). Pub. L. 116–92 inserted period at end.

2018

Subsec. (b)(2). Pub. L. 115–232 inserted “assistance” after “any”.

2016

Subsec. (b). Pub. L. 114–328, § 1246(b), substituted “Limitations” for “Limitation” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2).

Subsec. (d). Pub. L. 114–328, § 1246(c)(1), added subsec. (d) and struck out former subsec. (d) which required the Secretary of Defense to prescribe regulations to carry out this section and to notify Congress.

Subsec. (f). Pub. L. 114–328, § 1246(d)(2)(B), redesignated subsec. (g) as (f) and struck out former subsec. (f) which required annual reports for fiscal years 2016, 2017, and 2018.

Pub. L. 114–328, § 1246(d)(1)(A), substituted “Annual Reports” for “Reports and Notifications” in subsec. heading, added par. (1) and struck out former par. (1) which related to a review and report of programs under the State Partnership Program as in effect on , redesignated par. (2)(B) as par. (2), substituted “Matters to be included” for “Annual report” in par. (2) heading, and struck out former par. (2)(A) which required reports on activities under programs established under subsec. (a).

Subsec. (f)(2). Pub. L. 114–328, § 1246(d)(1)(B)(i), redesignated cls. (i) to (vi) of former par. (2)(B) as subpars. (A) to (F), respectively, of par. (2) and realigned margins.

Subsec. (f)(2)(F). Pub. L. 114–328, § 1246(d)(1)(B)(ii), substituted “subparagraph (E)” for “clause (v)”.

Subsec. (g). Pub. L. 114–328, § 1246(d)(2)(B)(ii), redesignated subsec. (g) as (f).

Pub. L. 114–328, § 1246(c)(2), substituted “under title 10 as in effect on .” for “under title 10, United States Code, as in effect on the date of the enactment of this Act.”

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

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

State Partnership Program Selection Analysis

Pub. L. 119–60, div. A, title XII, § 1206, , 139 Stat. 1082, provided that:

“The Secretary of Defense shall make such changes to Department of Defense Instruction 5111.20 (relating to the State Partnership Program), or a successor instruction, as may be necessary to ensure that, in performing selection analysis for the State Partnership Program under section 341 of title 10, United States Code, the Chief of the National Guard Bureau considers—

“(1)

the number of current partnerships assigned to the National Guard of a State; and

“(2)

the capacity of the National Guard of a State in relation to the number of assigned countries.”

Credits

2016–2019 · 3 acts
  1. 2016Added and amended Pub. L. 114–328, div. A, title XII, § 1246(a)–(c), (d)(1), (2)(B), , 130 Stat. 2520, 2521
  2. 2018Pub. L. 115–232, div. A, title XII, § 1210, , 132 Stat. 2023
  3. 2019Pub. L. 116–92, div. A, title XVII, § 1731(a)(16), , 133 Stat. 1813.
Show as published

(Added and amended Pub. L. 114–328, div. A, title XII, § 1246(a)–(c), (d)(1), (2)(B), , 130 Stat. 2520, 2521; Pub. L. 115–232, div. A, title XII, § 1210, , 132 Stat. 2023; Pub. L. 116–92, div. A, title XVII, § 1731(a)(16), , 133 Stat. 1813.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s341