Sec. 1260. Security Cooperation Enhancement Fund
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Chapter 16 of title 10, United States Code, as added by section 1252(a)(3) of this Act, is amended by inserting after the table of sections at the beginning of subchapter VII the following new section: Amounts authorized to be appropriated for the Security Cooperation Enhancement Fund (in this section referred to as the Fund ) shall be available for the purposes provided in subsections
(b)and (c). Subject to subsection (c), amounts in the Fund shall be available for security cooperation programs and activities of the Department of Defense. Upon obligation, amounts in the Fund so obligated shall remain available until expended. Of the amounts in the Fund for a fiscal year, up to four percent of such amounts may be used to carry out the following: Execution and administration of security cooperation programs and activities of the Department of Defense pursuant to section 382 of this title. Annual assessment, monitoring, and evaluation of security cooperation programs and activities of the Department of Defense pursuant to section 383 of this title. Incremental expenses associated with the implementation of the Department of Defense Security Cooperation Workforce Development Program pursuant to section 1263 of the National Defense Authorization Act for Fiscal Year 2017. Amounts in the Fund may be transferred to any account of the Department of Defense for operation and maintenance for the purposes specified in subsection (b). The transfer of an amount to an account under the authority paragraph
(1)shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred. Upon a determination that all or part of the funds transferred from the Fund under paragraph
(1)are not necessary for the purpose provided, such funds may be transferred back to the Fund. The Secretary of Defense may accept and retain contributions to the Fund from any person, foreign government, or international organization. An amount contributed to the Fund pursuant to this subsection shall remain available until expended for purposes of the Fund. The Secretary shall notify the congressional defense committees, in writing , upon the receipt. and upon the obligation, of any contribution to the Fund pursuant to this subsection, setting forth the source and amount of such contribution and the intended, and actual, use of such contribution. Nothing in this section may be construed to terminate, alter, or override any requirement or limitation applicable to activities funded with amounts in the Fund under the authority of the Department of Defense that authorizes such activities. Not later than 30 days after each calendar quarter, the Secretary of Defense shall submit to the congressional defense committees a report on the obligation and expenditure of amounts in the Fund during the preceding calendar quarter. . Not later than October 1, 2018, the Secretary of Defense shall provide for the discharge of all activities funded by accounts specified in paragraph
(2)or funds specified in paragraph
(3)under applicable authorities in chapter 16 of title 10, United States Code, as added by section 1252(a)(3) of this Act, rather than the provision of law or other authority under which such activities are carried out on the day before the date on which discharge in accordance with this paragraph commences. The accounts specified in this paragraph are the following: The Afghanistan Security Forces Fund. The Iraq Train and Equip Fund. The Southeast Asia Maritime Security Initiative. The funds specified in this paragraph are all unobligated balances as of the date of transfer provided for in subsection (c)(1) in any account or fund of the Department of Defense (other than an account specified in paragraph
(2)of this subsection) of amounts for security cooperation programs and activities of the Department of Defense. Not later than October 1, 2017, the Secretary shall submit to the congressional defense committees a report setting forth a description of any gaps that exist between the authorities in chapter 16 of title 10, United States Code, as so added, and current law or other authorities under which activities covered by paragraph
(1)are carried out. The report shall include the following: A description of each discrete set of activities covered by paragraph
(1)for which gaps exist between the authorities in chapter 16 of title 10, United States Code, as so added, and current law or other authorities under which such activities are carried out. For each discrete set of activities covered by subparagraph (A), the following: A description of the gaps described in subparagraph (A). Recommendations for legislative or administrative action to address such gaps. Not later than October 1, 2017, the Secretary of Defense shall transfer all the unobligated balances that remain in the accounts specified in subsection (b)(2) as of the date of such transfer to the Security Cooperation Enhancement Fund under section 381 of title 10, United States Code, as added by subsection (a). In addition to the transfer required by paragraph (1), the Secretary shall also transfer to the Security Cooperation Enhancement Fund on the date provided in that paragraph all unobligated balances as of such date in any other account or fund of the Department of Defense of amounts for security cooperation programs and activities of the Department of Defense. Amounts transferred to the Security Cooperation Enhancement Fund under this subsection shall be merged with amounts in the Fund, and shall be available for the same purposes, and subject to the same terms and conditions, as other amounts in the Fund. In this section, the term security cooperation programs and activities of the Department of Defense has the meaning given that term in section 301(5) of title 10, United States Code, as added by section 1252(a)(3) of this Act.