§ 301. Definitions

§ 301. Definitions

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

(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

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

(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

(B) does not include—

(i) any form of lethal assistance (excluding training ammunition); or

(ii) pay, allowances, and other normal costs of the personnel of the country.

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

(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.

(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) 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:

(A) To build and develop allied and friendly security capabilities for self-defense and multinational operations.

(B) To provide the armed forces with access to the foreign country during peacetime or a contingency operation.

(C) To build relationships that promote specific United States security interests.

(8) The term “small-scale construction” means construction at a cost not to exceed $2,000,000 for any project.

(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; Pub. L. 118–31, div. A, title XII, § 1203(a), Dec. 22, 2023, 137 Stat. 441.)

Editorial Notes

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

2023—Par. (8). Pub. L. 118–31 substituted “$2,000,000” for “$1,500,000”.

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

Statutory Notes and Related Subsidiaries

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.”

Framework for Reforming Technology Transfer and Foreign Disclosure Policies

Pub. L. 119–60, div. A, title X, § 1086, Dec. 18, 2025, 139 Stat. 1056, provided that: “(a) Framework Development.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall produce a framework to revise technology transfer and foreign disclosure policies and processes of the military departments and the technology transfer and foreign disclosure committees. “(b) Framework Elements.—The framework produced pursuant to subsection (a) shall include the following:“(1) Guidelines for balancing the protection of technology and classified information with the requirement to share technology and classified defense information. “(2) A process to gather, consider, and, as appropriate, incorporate input from Federal agencies and industry stakeholders, in accordance with subsection (d), to inform revisions to the technology transfer and foreign disclosure policies and processes of the Department of Defense. “(3) Recommendations for updating the National Disclosure Policy to accommodate the use of emerging and advanced defense such as artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, cybersecurity, quantum technologies, hypersonics, autonomous systems, and such other technologies as the Secretary determines appropriate. “(4) Mechanisms to enable the military departments and the Defense Technology Security Administration to streamline the approval process for technology transfers. “(5) Mechanisms to enhance transparency to ensure the technology transfer policies of the Department of Defense and each of the military departments specifically are comparable with respect to capability and country release tiers for emerging and advanced defense items. “(6) A plan to consolidate technology security and foreign disclosure approvals in accordance with Executive Order 14268, titled ‘Reforming Foreign Defense Sales to Improve Speed and Accountability’ and dated April 9, 2025. “(7) An updated Department of Defense Directive 5111.21 to address roles, responsibilities and members of the Arms Transfer and Technology Release Senior Steering Group of the Department of Defense. “(8) Metrics to evaluate the effectiveness of the technology transfer policies of the military departments and the National Disclosure Policy to enable the transfer of defense items to allies and partners of the United States while ensuring protection of United States technology. “(9) An annual requirement to conduct an audit of license applications that were denied during the prior year on the basis of technology transfer policies of the military departments or the Defense Technology Security Administration. “(10) A description of the charter of each technology security and foreign disclosure committee, its participants, and its relationship to other technology security and foreign disclosure committees. “(c) Implementation.—Not later than one year after the date of the submission of the framework under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall direct the Secretary of each of the military departments and the heads of the technology security and foreign disclosure committees to revise the technology transfer policy of that department and the Under Secretary of Defense for Policy to revise the National Disclosure Policy, based on the elements of the framework under subsection (b). “(d) Stakeholder Engagement.—At least once every six months, the Secretaries of the military departments, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Policy shall consult with such representatives from the defense industry as the Secretaries and Under Secretary consider appropriate, including representatives from nontraditional defense contractors (as such term is defined by section 3014 of title 10, United States Code) in the course of carrying out subsections (a), (b), and (c). “(e) Reporting Requirements.—“(1) Submission of framework.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing the framework produced under subsection (a). “(2) Annual reports.—Not later than one year after the date of the submission of the framework required under subsection (a), and not less frequently than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:“(A) A description of any actions taken to improve the technology transfer policies of the military departments and the technology security and foreign disclosure committees in accordance with the implementation requirements under subsection (c). “(B) A description of actions taken to implement or incorporate industry recommendation into the technology transfer policies of the military departments and the National Disclosure Policy. “(C) A summary of any feedback from industry stakeholders with respect to current applications of the technology transfer policies of the military departments and the National Disclosure Policy, and a description of any actions taken to address such feedback. “(D) The results of an audit of license applications that were denied during the preceding 12-month period on the basis of technology transfer policies of the military departments or the technology security and foreign disclosure committees, including information and data that link such denials to the policies in effect at the time of denial. “(E) Any recommendations of the Secretary for legislation necessary to improve technology release and foreign disclosure policies of the Department of Defense. “(3) Form.—Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.”

Assessment and Establishment of Office to Support the Acquisition of Specified Non-Program of Record Systems by Foreign Allies and Partners

Pub. L. 119–60, div. A, title XII, § 1214, Dec. 18, 2025, 139 Stat. 1086, provided that: “(a) Assessment.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall complete an assessment to determine the optimal organizational structure, authorities, reporting relationships, and resource requirements to manage effectively the acquisition of specified non-program of record systems by foreign allies and partners. “(b) Establishment.—Not later than October 1, 2026, the Secretary of Defense shall establish an office to support the acquisition of specified non-program of record systems by foreign allies and partners, including the process for updating relevant Department of Defense-wide guidance, directives and instructions. “(c) Responsibilities.—The office required by subsection (b) shall be responsible for the following:“(1) Coordinating with allies and partners to identify and procure specified non-program of record systems. “(2) Facilitating discussions between industry and foreign allies and partners on new specified non-program of record systems. “(3) Liaising with combatant commands to identify new specified non-program of record systems aligned with the strategic priorities of the combatant commands for theater security cooperation. “(4) Promoting capabilities with foreign allies and partners that align with priority capabilities for the combatant commands. “(5) Developing foreign military sales cases for specified non-program of record systems to expedite deliveries of such systems to foreign allies and partners. “(6) Coordinating internal Department of Defense approval processes to expedite the delivery of specified non-program of record systems. “(7) Other relevant responsibilities as determined by the Secretary. “(d) Briefing.—Not later than 30 days after completion of the assessment required by subsection (a), the Secretary shall provide the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate with a briefing on the responsibilities, resources, and plan of activities for the non-program of record office that is to be established in accordance with subsection (b). “(e) Specified Non-program of Record System Defined.—In this section, the term ‘specified non-program of record system’ means a system that does not exist formally as a program of record within the Department of Defense, including the following:“(1) Type A (Modified/Former Department of Defense program of record), which includes requests to modify an existing program of record with non-program of record elements and requests tied to former programs of record. “(2) Type B (Military Unique), which includes commercial capabilities that are designed, modified, or built specifically for military applications and are not current or former programs of record. “(3) Type C (Commercial), which includes a ‘commercial product’—“(A) as such term is defined in section 2.101 of the Federal Acquisition Regulation; and “(B) that is not classified.”

Guidance for Coordination of International Arms Transfers

Pub. L. 119–60, div. A, title XII, § 1215, Dec. 18, 2025, 139 Stat. 1087, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall issue updated guidance, in accordance with section 382 of title 10, United States Code, to streamline and align the roles, responsibilities, and authorities, and improve transparency, relating to Department of Defense processes for international arms transfers, including foreign military sales. “(b) Elements.—The updated guidance required by subsection (a) shall do the following: (1) Streamline the roles and responsibilities relating to Department processes for international arms transfers (including the foreign military sales and technology security and foreign disclosure processes in accordance with section 1086 [set out as a note above]) so as to ensure effective implementation of such roles and responsibilities among the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Defense Security Cooperation Agency, the Defense Technology Security Administration, and the military departments.“(2) Designate a lead official who, in coordination with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall be responsible for collecting, tracking, coordinating, and sharing data and information on Foreign Military Sales cases for the purposes of—“(A) facilitating transparency across the Department of Defense international cooperation enterprise (including industry and international partners within such enterprise and components and subcomponents of the Department); and “(B) sharing information on foreign military sales case development, execution, contracting, and implementation processes. “(3) Develop a framework to facilitate the use of the foreign military sales process to deliver defense articles and services to allies and partners through programs other than a program of record in accordance with section 1214 [set out as a note above]. “(4) Set forth foreign military sales-specific guidance that—“(A) identifies security cooperation priorities; “(B) is informed by priorities identified in the National Defense Strategy, Department planning guidance, and theater campaign plans; and “(C) takes into consideration—“(i) the risk factors for arms transfers identified in the Arms Export Control Act (22 U.S.C. 2751 et seq.); and “(ii) the industrial capacity for production. “(c) Briefing.—Not later than 30 days prior to the issuance of the updated guidance required by subsection (a), the Secretary shall provide the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives with a briefing on the development and implementation of such guidance that describes the manner in which the procedures set forth in the guidance will streamline, and enhance the transparency of, international cooperation processes of the Department. “(d) Dissemination of FMS-specific Guidance.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall disseminate the foreign miliary sales-specific guidance described in subsection (b)(4) to the Department of Defense international cooperation enterprise.”

Research, Development, Test, and Evaluation of Emerging Technologies To Further the Warfighting Capabilities of the United States and Certain Partner Countries