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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2012 · Sec. 1207

Sec. 1207. GLOBAL SECURITY CONTINGENCY FUND

1,462 words·~7 min read·/statute-compilations/comps-10045/sec-1207

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## SEC. 1207 GLOBAL SECURITY CONTINGENCY FUND **[**[22 U.S.C. 2151 note](/us/usc/t22/s2151)**]** ###
(a)Establishment There is established on the books of the Treasury of the United States an account to be known as the “Global Security Contingency Fund” (in this section referred to as the “Fund”). ###
(b)Authority Notwithstanding any other provision of law (other than the provisions of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) and the section 620J of such Act relating to limitations on assistance to security forces (22 U.S.C. 2378d)), amounts in the Fund shall be available to either the Secretary of State or the Secretary of Defense to provide assistance to countries or regions designated by the Secretary of State, with the concurrence of the Secretary of Defense, for purposes of this section, as follows: ####
(1)To enhance the capabilities of a country’s national military forces, or other national security forces that conduct border and maritime security, internal defense, and counterterrorism operations, as well as the government agencies responsible for such forces, to— #####
(A)conduct border and maritime security, internal defense, or counterterrorism operations; or #####
(B)participate in or support military, stability, or peace support operations consistent with United States foreign policy and national security interests. ####
(2)For the justice sector (including law enforcement and prisons), rule of law programs, and stabilization efforts in a country in cases in which the Secretary of State, in consultation with the Secretary of Defense, determines that conflict or instability in a country or region challenges the existing capability of civilian providers to deliver such assistance. ###
(c)Types of Assistance ####
(1)Authorized elements A program to provide the assistance under subsection (b)(1) may include the provision of the following: #####
(A)Equipment, including routine maintenance and repair of such equipment. #####
(B)Supplies. #####
(C)With respect to amounts in the Fund appropriated or transferred into the Fund after the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, small-scale construction not exceeding $750,000 on a per-project basis. #####
(D)Training. ####
(2)Required elements A program to provide the assistance under subsection (b)(1) shall include elements that promote— #####
(A)observance of and respect for human rights and fundamental freedoms; and #####
(B)respect for legitimate civilian authority within the country concerned. ###
(d)Formulation and Approval of Assistance Programs ####
(1)Security programs The Secretary of State and the Secretary of Defense shall jointly formulate assistance programs under subsection (b)(1). Assistance programs to be carried out pursuant to subsection (b)(1) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, before implementation. ####
(2)Justice sector and stabilization programs The Secretary of State, in consultation with the Secretary of Defense, shall formulate assistance programs under subsection (b)(2). Assistance programs to be carried out under the authority in subsection (b)(2) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, before implementation. ###
(e)Relation to Other Authorities The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations. The administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be available to the Secretary of State with respect to funds available to carry out this section. ###
(f)Transfer Authority ####
(1)Department of defense funds Funds authorized to be appropriated to the Department of Defense for operation and maintenance for Defense-wide activities may be transferred to the Fund by the Secretary of Defense in accordance with established procedures for reprogramming under section 1001 of this Act and successor provisions of law. Amounts transferred under this paragraph shall be merged with funds otherwise made available under this section and remain available until expended as provided in subsection
(i)for the purposes specified in subsection (b). ####
(2)Limitation The total amount of funds transferred to the Fund in any fiscal year from the Department of Defense may not exceed $200,000,000. ####
(3)Transfers to other accounts Funds available to carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate to facilitate the provision of assistance authorized by this section. ####
(4)Relation to other transfer authorities The transfer authorities in paragraphs
(1)and
(3)are in addition to any other transfer authority available to the Department of Defense. ###
(g)Allocation of Contributions To Assistance The contribution of the Secretary of State to an activity under the authority in subsection
(b)shall be not less than 20 percent of the total amount required for such activity. The contribution of the Secretary of Defense to such activity shall be not more than 80 percent of the total amount required. ###
(h)Authority To Accept Gifts The Secretary of State may use money, funds, property, and services accepted pursuant to the authority of section 635(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2395(d)) to fulfill the purposes of subsection (b). ###
(i)Availability of Funds ####
(1)In general Except as provided in paragraph (2), amounts in the Fund shall remain available until September 30, 2021, except that amounts appropriated or transferred to the Fund before that date shall remain available for obligation and expenditure after that date for activities under programs commenced under subsection
(b)before that date. ####
(2)Exception Amounts appropriated and transferred to the Fund before September 30, 2019, shall remain available for obligation and expenditure after that date, but only for activities under programs commenced under subsection
(b)before September 30, 2019. ###
(j)Administrative Expenses Amounts in the Fund may be used for necessary administrative expenses in connection with the provision of assistance under this section. ###
(k)Detail of Personnel The head of an agency of the United States Government may detail personnel to the Department of State to carry out the purposes of this section, with or without reimbursement for all or part of the costs of salaries and other expenses associated with such personnel. ###
(l)Notices to Congress Not less than 30 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State and the Secretary of Defense shall jointly submit to the specified congressional committees a notification that includes the following: ####
(1)A notification of the intent to transfer funds into the Fund under subsection
(f)or any other authority, including the original source of the funds. ####
(2)A detailed justification for the total anticipated program for each country, including total anticipated costs and the specific activities contained therein. ####
(3)The budget, execution plan and timeline, and anticipated completion date for the activity. ####
(4)A list of other security-related assistance or justice sector and stabilization assistance that the United States is currently providing the country concerned and that is related to or supported by the activity. ####
(5)Such other information relating to the program or activity as the Secretary of State or Secretary of Defense considers appropriate. ###
(m)Guidance and Processes for Exercise of Authority Not later than 15 days after the date on which guidance and processes for implementation of the authority in subsection
(b)have been issued, the Secretary of State and the Secretary of Defense shall jointly submit a report to the specified congressional committees on such guidance and processes. The Secretary of State and Secretary of Defense shall jointly submit additional reports not later than 15 days after the date on which any future modifications to the guidance and processes for implementation of the authority in subsection
(b)are issued. ###
(n)Specified Congressional Committees In this section, the term “specified congressional committees” means— ####
(1)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and ####
(2)the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate. ### (o)8 Expiration The authority under this section may not be exercised after September 30, 2021. An activity under a program authorized by subsection
(b)commenced before that date may be completed after that date, but only using funds available for fiscal years 2012 through 2021 and subject to the requirements contained in paragraphs
(1)and
(2)of subsection (i). 8Section 1206(2) of Public Law 115–91 provides for amendments to subsection (p), however, subsection
(p)was redesignated as subsection
(o)by section 1051(q)(2)(B) of such Public Law. The amendments were executed to subsection
(o)(as so redesignated) in order to reflect the probable intent of Congress. ## Subtitle B Matters Relating to Iraq, Afghanistan, and Pakistan
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