Other statutory tools

Authority holder

Secretary of Defense with Secretary of State concurrence; DSCA administers subject to lawful designations.

Eligibility gate

• Joint Defense-State development/planning and coordinated implementation.
• Required human-rights, law-of-armed-conflict, rule-of-law/civilian-control and institutional-capacity elements and certifications.
• Unit eligibility/Leahy review; 15-day notice, absorption and sustainment assessments.

Funding condition

• Sole source: O&M, Defense-wide amounts available to DSCA for these programs.
• As amended, amounts available in FY2025 or later may support programs beginning that year through end of third fiscal year thereafter; check actual appropriation availability.

All recorded limits

• Limited statutory mission menu; not unrestricted economic aid.
• Other legal prohibitions remain; extended sustainment beyond five years needs added justification/transition information.
• Construction above statutory reporting threshold needs project details and masterplan.

Authority holder

Secretary of Defense with Secretary of State concurrence.

Eligibility gate

• Eligible foreign ministry/security oversight institution or regional security organization.
• State concurrence; 15-day notice before regional-organization advisor assignments.
• Annual activity/reporting requirements.

Funding condition

• Available program funds; assignment/training support costs within authorized program.

All recorded limits

• Defense institution remit, not general economic administration of foreign countries.
• Advice authority does not authorize moving partner money or replacing their sovereign decision-making.

Authority holder

Military Department Secretary or combatant commander for §321 payments; designated combatant commanders for §322, within SecDef-approved procedures.

Eligibility gate

• Primary purpose is training U.S. forces (SOF for §322).
• Partner incremental-expense eligibility; developing-country restrictions/exception under §321 regulations.
• Required fiscal controls and reports.

Funding condition

• §321 allows covered activities spanning into next fiscal year; check actual funds.
• Partner incremental expenses do not become general salary/budget support.

All recorded limits

• Not substitute for §333 partner-capacity assistance where principal purpose differs.
• FY26 law removed general-purpose-force military-only restriction but retained comparable-function national-security-force qualification.

Authority holder

Secretary of Defense; specific request/coordination requirements vary.

Eligibility gate

• Exchange acceptable to parties; State concurrence for specified non-defense/international organizations and foreign-industry R&D assignment.
• Normally each government pays its own personnel, with specified host costs excepted.
• Apply developing-country, extraordinary-circumstance and program-specific travel conditions.

Funding condition

• Available eligible funds and travel ceilings; §312 liaison annual monetary limit applies.

All recorded limits

• No oath of allegiance or official capacity in host government under §311.
• Liaison support, UN Command expenses and Colombia training expenses are bounded categories, not generalized gifts.

Authority holder

Secretary of Defense with Secretary of State concurrence; Chief of National Guard Bureau designates state/territory coordinators.

Eligibility gate

• National-security-interest finding and 15-day notice for covered nonmilitary-security/disaster activities.
• Members participating abroad must be in active-duty armed-forces status under this authority.
• Unit human-rights restriction §362 applies.
• FY26 §1206 requires partnership selection analysis to account for existing State partnerships and Guard capacity.

Funding condition

• Available DoD/Guard program appropriations; foreign expense cap is not an allocation.

All recorded limits

• Not authority for State governments independently to conduct U.S. foreign policy.
• Foreign incremental-expense aggregate statutory cap applies.

Authority holder

President, with statutory State supervision and authorized DoD execution.

Eligibility gate

• Compelling reasons for lease rather than sale; articles not currently needed for public use.
• Industrial-base effects considered; cost/depreciation/damage-return terms unless specific exception.
• Congressional certification and 15/30-day wait for leases of one year or more.

Funding condition

• Lessee payment of specified costs subject to narrow statutory exceptions; U.S. expenditures still require funds.

All recorded limits

• Normally maximum five years plus specified refurbishment period; President can terminate and demand return.
• Cannot use ordinary 10 USC2667 property lease authority as substitute for foreign defense-article lease.

Authority holder

President; State supervision and DoD implementing agencies.

Eligibility gate

• EDA drawn from existing stocks; readiness/industrial-base findings and recipient justification.
• Drawdown emergency/national-interest or Taiwan-specific statutory branch must fit; applicable notices and ceilings.

Funding condition

• Value ceilings and replacement/transport appropriations separate; country-specific supplemental law may modify general ceilings.

All recorded limits

• EDA is not authority to buy new equipment for transfer from DoD procurement funds.
• EDA crating/transport costs have restrictions and limited exception.
• Drawdown authorization does not automatically fund replacement of U.S. stocks.

Authority holder

Military Department Secretary under §401 regulations and Secretary of State approval; SecDef for §2561.

Eligibility gate

• §401 activities in conjunction with authorized military operations and promote both U.S./host security and operational-readiness skills.
• Complement rather than duplicate other U.S. social/economic assistance.
• §2561 notice before programs over $5m, with narrow 48-hour extraordinary-circumstances alternative.

Funding condition

• §401 direct expenses require purpose-specific appropriations; other O&M only incidental costs.
• §2561 humanitarian amounts as actually authorized/appropriated; no-year treatment only to extent appropriation permits.

All recorded limits

• §401 may not directly or indirectly aid groups engaged in military/paramilitary activity.
• Not unrestricted development aid; separate statutory purposes and fund sources must be identified.

Authority holder

Secretary of Defense for donated transport; President directing SecDef for foreign disaster assistance.

Eligibility gate

• Donated supplies must be suitable, needed, usable and have distribution arrangements; space available.
• §404 manmade/natural disaster necessity to prevent loss of lives or serious environmental harm; 48-hour congressional report.

Funding condition

• §402 normally without charge; environmental transport reimbursement permitted.
• Disaster authority and appropriation availability remain distinct.

All recorded limits

• §402 aid not for military/paramilitary recipients.
• Environmental-only transport needs unavailability of other sources.
• Capacity and operational availability are not guaranteed.

Authority holder

Military Department Secretary under SecDef regulations; specific Secretary of State approval.

Eligibility gate

• Promote shared security interests or U.S. operational-readiness skills.
• Complement other assistance; State approval; annual activity/cost and unfulfilled-demand report.

Funding condition

• Direct expenses from specifically appropriated overseas humanitarian-assistance funds.

All recorded limits

• U.S. members generally cannot physically detect, lift or destroy mines under this authority unless concurrently supporting a U.S. military operation.
• Not permission to join another country’s military operation without U.S. armed-forces participation.

Authority holder

Secretary of Defense; urgent ungoverned-area branch requires President.

Eligibility gate

• Authorized proliferation-reduction purpose; eligible agreements and legal country conditions.
• Normally 15-day obligation notice; urgent statutory branch has specified findings and different notices.
• Emergent projects generally completed within five years and DoD best capable, subject to statutory exception.

Funding condition

• CTR funds legally available; reimburse other U.S. agencies for participation where authorized.

All recorded limits

• §3711 permits goods/services/equipment but NOT direct cash funding of the foreign project/activity.
• Urgent notwithstanding-law branch capped at 15% of fiscal-year CTR funds; not a general waiver for unrelated missions.

Authority holder

Secretary of Defense, with receiving agency head for transfer notification.

Eligibility gate

• Activity necessary to a Chapter16 DoD program and cannot be carried out by DoD.
• For transfers, joint notice describing need, cost, theater plan, other funds and why DoD cannot act; 30-day wait.

Funding condition

• Proper transfer and purpose-available funds; not unrestricted funding augmentation.

All recorded limits

• Does not transfer another agency’s legal powers to DoD.
• Aggregate $75m annual support ceiling; recipient must have its own authority.

Authority holder

Secretary of Defense personally; funding-availability decision is nondelegable; relevant Chief of Mission concurrence.

Eligibility gate

• Existing authorized ongoing U.S. SOF counterterrorism operation.
• Legal review, recipient human-rights checks, Chief of Mission concurrence and statutory notices.

Funding condition

• O&M amounts legally available for that fiscal year.

All recorded limits

• Not authorization for covert action or for introduction into hostilities; no support inconsistent with law of armed conflict.
• Statutory annual support ceiling $100m; distinct from actual resource allocation.

Authority holder

Secretary of Defense; Regional Center directors for authorized service agreements; ASD(SO/LIC) is IWC executive agent after FY26 amendment.

Eligibility gate

• Use statutory center and authorized subject matter; regional-center reimbursements normally required unless eligible waiver.
• FY26 removed developing-country limitation for §342(f)(3)(A) military/defense/security participant waivers; national-security-interest finding remains.
• For IWC university partnerships use §2679 support agreement or contract/cooperative agreement/grant through DSCU.

Funding condition

• Center appropriations, eligible reimbursements, and authorized gifts under §2611 subject to their terms.
• IWC faculty and operating costs require appropriations; statute permits higher-education partnering rather than unrestricted business grants.

All recorded limits

• Cannot designate an unlisted institution as a §342 Regional Center.
• RDFP statutory annual cap $35 million; center-specific costs are not automatically included in that fellowship cap.
• Reimbursable Regional Center services to other Federal agencies require SecDef concurrence and full-cost payment.

Authority holder

Secretary of Defense with Secretary of State concurrence for required agreements.

Eligibility gate

• Formal memorandum specifying cost sharing when DoD funds/facilities/equipment used.
• New §344 center participation requires 30-day congressional notice.
• Inter-American Defense College MOU includes curriculum and academic development plan.

Funding condition

• O&M may pay covered operating and participation/support costs, not the excluded salaries.
• §351 permits covered fiscal-year-start activities to end in next fiscal year.

All recorded limits

• These sections do not finance pay/salaries of participating U.S. military/civilian employees.
• Centers must fit statutory definition; no general authority to endow arbitrary foreign think tanks.
• Developing-country reimbursement waiver for Inter-American Defense College requires national-security-interest determination.