§ 383. Assessment, monitoring, and evaluation of programs and activities

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. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XII § 1241(m) · 130 Stat. 2000

   Enacted · 10 U.S.C. § 383

   Added Pub. L. 114–328, div. A, title XII, § 1241(m), Dec. 23, 2016, 130 Stat. 2510

   Source evidence

   Code source credit
   Added Pub. L. 114–328, div. A, title XII, § 1241(m), Dec. 23, 2016, 130 Stat. 2510

   Enacted provision · exact public law section
   (m) Administrative Matters.— Chapter 16 of title 10, United States Code, as added by subsection (a)(3), is amended by inserting after the table of sections at the beginning of subchapter VII the following new sections: “§ 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. “§ 383. Assessment, monitoring, and evaluation of programs and activities “(a) Program Required.— The Secretary of Defense shall maintain a program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities of the Department of Defense. “(b) Program Elements and Requirements.— “(1) Elements.— The program under subsection (a) shall provide for the following: “(A) Initial assessments of partner capability requirements, potential programmatic risks, baseline information, and indicators of efficacy for purposes of planning, monitoring, and evaluation of security cooperation programs and activities of the Department of Defense. “(B) Monitoring of implementation of such programs and activities in order to measure progress in execution and, to the extent possible, achievement of desired outcomes. “(C) Evaluation of the efficiency and effectiveness of such programs and activities in achieving desired outcomes. “(D) Identification of lessons learned in carrying out such programs and activities, and development of recommendation for improving future security cooperation programs and activities of the Department of Defense. “(2) Best practices.— The program shall be conducted in accordance with international best practices, interagency standards, and, if applicable, the Government Performance and Results Act of 1993 (Public Law 103–62), and the amendments made by that Act, and the GPRA Modernization Act of 2010 (Public Law 111–352), and the amendments made by that Act. “(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 carry out the program required by subsection (a). “(2) Budget justification.— Funds described in paragraph (1) 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. “(d) Reports.— “(1) Reports to congress.— The Secretary shall submit to the congressional defense committees each year a report on the program under subsection (a) during the previous year. Each report shall include, for the year covered by such report, the following: “(A) A description of the activities under the program. “(B) An evaluation of the lessons learned and best practices identified through activities under the program. “(2) Information for the public on evaluations.— The Secretary shall make available to the public, on an Internet website of the Department of Defense available to the public, a summary of each evaluation conducted pursuant to subsection (b)(1)(C). In making a summary so available, the Secretary may redact or omit any information that the Secretary determines should not be disclosed to the public in order to protect the interest of the United States or the foreign country or countries covered by such evaluation. “§ 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, include 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).” .

2. 2018

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

   Pub. L. 115–232 div. A title XII § 1211(c) · 132 Stat. 1636

   Added · 10 U.S.C. § 383(b)(1)(E)

   Pub. L. 115–232 added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(E). Pub. L. 115–232 added subpar. (E).

   Enacted provision · exact public law section
   (c) Modification of Assessment, Monitoring, and Evaluation of Programs and Activities.— Section 383(b)(1) of title 10, United States Code, is amended by adding at the end the following: “(E) Incorporation of lessons learned from prior security cooperation programs and activities of the Department of Defense that were carried out any time on or after September 11, 2001.” .

3. 2024

   Pub. L. 118–159 div. A title XII § 1203 · 138 Stat. 2094

   Inserted · 10 U.S.C. § 383(d)(1)(B)

   Pub. L. 118–159 inserted “, including a description of challenges in executing the program,” after “lessons learned”

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B). Pub. L. 118–159 inserted “, including a description of challenges in executing the program,” after “lessons learned”.

2 of 3 references resolved to an enrolled provision · 1 unresolved