Sec. 1205. CODIFICATION AND ENHANCEMENT OF AUTHORITY TO BUILD THE CAPACITY OF FOREIGN SECURITY FORCES
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## SEC. 1205 CODIFICATION AND ENHANCEMENT OF AUTHORITY TO BUILD THE CAPACITY OF FOREIGN SECURITY FORCES ###
(a)Codification, Extension, and Enhancement of Authority ####
(1)In general Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section: > > ## “SEC. 2282 Authority to build the capacity of foreign security forces > > **[**[10 U.S.C. 2282](/us/usc/t10/s2282)**]** > > > ### “(a) Authority > > The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to conduct or support a program or programs as follows: > > > #### “(1) > > To build the capacity of a foreign country’s national military forces in order for that country to— > > > ##### “(A) > > conduct counterterrorism operations; or > > > ##### “(B) > > participate in or support on-going allied or coalition military or stability operations that benefit the national security interests of the United States. > > > #### “(2) > > To build the capacity of a foreign country’s national maritime or border security forces to conduct counterterrorism operations. > > > #### “(3) > > To build the capacity of a foreign country’s national-level security forces that have among their functional responsibilities a counterterrorism mission in order for such forces to conduct counterterrorism operations. > > > ### “(b) Types of Capacity Building > > > #### “(1) Authorized elements > > A program under subsection
(a)may include the provision of equipment, supplies, training, defense services, and small-scale military construction. > > > #### “(2) Required elements > > A program under subsection
(a)shall include elements that promote the following: > > > ##### “(A) > > Observance of and respect for human rights and fundamental freedoms. > > > ##### “(B) > > Respect for civilian control of the military. > > > ### “(c) Limitations > > > #### “(1) Annual funding limitation > > The Secretary of Defense may use amounts specifically authorized and appropriated or otherwise made available to carry out programs under this section on an annual basis to carry out programs authorized by subsection (a). > > > #### “(2) Assistance otherwise prohibited by law > > The Secretary of Defense may not use the authority in subsection
(a)to provide any type of assistance described in subsection
(b)that is otherwise prohibited by any provision of law. > > > #### “(3) Limitation on eligible countries > > The Secretary of Defense may not use the authority in subsection
(a)to provide assistance described in subsection
(b)to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. > > > #### “(4) Availability of funds for activities across fiscal years > > > ##### “(A) In general > > Amounts made available in a fiscal year to carry out the authority in subsection
(a)may be used for programs under that authority that begin in the fiscal year such amounts are made available but end in the next fiscal year. > > > ##### “(B) Achievement of full operational capability > > If, in accordance with subparagraph (A), equipment is delivered under a program under the authority in subsection
(a)in the fiscal year after the fiscal year in which the program begins, amounts for supplies, training, defense services, and small-scale military construction associated with such equipment and necessary to ensure that the recipient unit achieves full operational capability for such equipment may be used in the fiscal year in which the foreign country takes receipt of such equipment and in the next fiscal year. > > > #### “(5) Limitations on availability of funds for small-scale military construction > > > ##### “(A) Activities under particular programs > > The amount that may be obligated or expended for small-scale military construction activities under any particular program authorized under subsection
(a)may not exceed $750,000. > > > ##### “(B) Activities under all programs > > The amount that may be obligated or expended for small-scale military construction activities during a fiscal year for all programs authorized under subsection
(a)during that fiscal year may not exceed up to five percent of the amount made available in such fiscal year to carry out the authority in subsection (a). > > > ### “(d) Formulation and Execution of Program > > The Secretary of Defense and the Secretary of State shall jointly formulate any program under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program under subsection (a). > > > ### “(e) Congressional Notification > > > #### “(1) In general > > Not less than 15 days before initiating activities under a program under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notice of the following: > > > ##### “(A) > > The country whose capacity to engage in activities in subsection
(a)will be built under the program. > > > ##### “(B) > > The budget, implementation timeline with milestones, anticipated delivery schedule for assistance, military department responsible for management and associated program executive office, and completion date for the program. > > > ##### “(C) > > The source and planned expenditure of funds to complete the program. > > > ##### “(D) > > A description of the arrangements, if any, for the sustainment of the program and the source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable. > > > ##### “(E) > > A description of the program objectives and assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient unit. > > > ##### “(F) > > Information, including the amount, type, and purpose, on the assistance provided the country during the three preceding fiscal years under each of the following programs, accounts, or activities: > > > ###### “(i) > > A program under this section. > > > ###### “(ii) > > The Foreign Military Financing program under the Arms Export Control Act. > > > ###### “(iii) > > Peacekeeping Operations. > > > ###### “(iv) > > The International Narcotics Control and Law Enforcement (INCLE) program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291). > > > ###### “(v) > > Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR). > > > ###### “(vi) > > Counterdrug activities authorized by section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) and section 1033 of the National Defense Authorization Act for Fiscal Year 1998. > > > ###### “(vii) > > Any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate. > > > ##### “(G) > > An assessment of the capacity of the recipient country to absorb assistance under the program. > > > ##### “(H) > > An assessment of the manner in which the program fits into the theater security cooperation strategy of the applicable geographic combatant command. > > > #### “(2) Coordination with secretary of state > > Any notice under paragraph
(1)shall be prepared in coordination with the Secretary of State. > > > ### “(f) Assessments of Programs > > Amounts available to conduct or support programs under subsection
(a)shall be available to the Secretary of Defense to conduct assessments and determine the effectiveness of such programs in building the operational capacity and performance of the recipient units concerned. > > > ### “(g) Appropriate Committees of Congress Defined > > In this section, the term ‘appropriate committees of Congress’ means— > > > #### “(1) > > the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and > > > #### “(2) > > the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.” > . ####
(2)Clerical amendment The table of sections at the beginning of chapter 136 of such title is amended by adding at the end the following new item:" “2282. Authority to build the capacity of foreign security forces.” ". ###
(b)Conforming Amendments ####
(1)Section 943(g)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578), as most recently amended by section 1205(f) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1624), is further amended by striking “sections 1206 and 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456 and 3458)” and inserting “section 2282 of title 10, United States Code, and section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458)”. ####
(2)Section 1209(b)(1)(A) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 368), as most recently amended by section 1203(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2512), is further amended by striking “section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456)” and inserting “section 2282 of title 10, United States Code”. ###
(c)Repeal of Superseded Authority Section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) is repealed. ###
(d)Funding ####
(1)In general Of the amounts authorized to be appropriated for fiscal year 2015 or 2016 for the Department of Defense for operation and maintenance, up to $350,000,000 may be used for programs under subsection
(a)of section 2282 of title 10, United States Code (as added by subsection
(a)of this section), in such fiscal year. ####
(2)Limitation on amount for building capacity to participate in allied or coalition military or stability operations Of the amount available under paragraph
(1)for a fiscal year specified in that paragraph, not more than $150,000,000 may be used in such fiscal year for purposes described in subsection (a)(1)(B) of section 2282 of title 10, United States Code (as so added). ###
(e)Annual Secretary of Defense Reports ####
(1)In general Not later than 90 days after the end of each of fiscal years 2015 through 2020, the Secretary of Defense shall submit to the appropriate committees of Congress a report summarizing the findings of the assessments of programs carried out under subsection
(f)of section 2282 of title 10, United States Code (as so added), during such fiscal year. ####
(2)Elements Each report under paragraph
(1)shall include, for each program assessed under such subsection
(f)during the fiscal year covered by such report, the following: #####
(A)A description of the nature and the extent of the potential or actual terrorist threat, if any, that the program is intended to address. #####
(B)A description of the program, including the objectives of the program, the types of recipient country units receiving assistance under the program, and the baseline operational capability and performance of the units receiving assistance under the program before the commencement of receipt of assistance under the program. #####
(C)A description of the extent to which the program is implemented by United States Government personnel or contractors. #####
(D)A description of the assessment framework to be used to develop capability and performance metrics associated with operational outcomes for units receiving assistance under the program. #####
(E)An assessment of the program using the assessment framework described in subparagraph (D). #####
(F)An assessment of the effectiveness of the program in achieving its intended purpose. ###
(f)Biennial Comptroller General of the United States Audits ####
(1)In general Not later than March 31 of each of 2016, 2018, 2020, and 2022, the Comptroller General of the United States shall submit to the appropriate committees of Congress an audit of such program or programs conducted or supported pursuant to subsections (a)(1) and (e)(7)(B) of section 333 of title 10, United States Code, during the preceding two fiscal years as the Comptroller General shall select for purposes of such report. ####
(2)Elements Each report should, to the extent information is available, include, for the program or programs covered by such report, the following: #####
(A)A description of the program or programs, including— ######
(i)the objectives of the program or programs; ######
(ii)the types of units receiving assistance under the program or programs; ######
(iii)the delivery and completion schedules for assistance under the program or programs; and ######
(iv)the baseline operational capability and performance of the units receiving assistance under the program or programs before the commencement of receipt of assistance under the program or programs. #####
(B)An assessment of the capacity of each recipient country to absorb assistance under the program or programs. #####
(C)An assessment of the arrangements, if any, for the sustainment of the program or programs, including any source of funds to support sustainment of the capabilities and performance outcomes achieved under the program or program beyond completion date, if applicable. #####
(D)An assessment of the effectiveness of the program or programs in achieving their intended purpose. #####
(E)An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable. #####
(F)A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs. #####
(G)An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries. #####
(H)Such other matters as the Comptroller considers appropriate. ###
(g)Appropriate Committees of Congress Defined In subsections
(e)and (f), the term “appropriate committees of Congress” has the meaning given that term in subsection
(g)of section 2282 of title 10, United States Code (as so added).
Connectionstraces to 3
11 references not yet in our index
- Pub. L. 110-417
- 122 Stat. 4578
- Pub. L. 112-81
- 125 Stat. 1624
- Pub. L. 109-163
- 119 Stat. 3456
- 119 Stat. 3458
- Pub. L. 110-181
- 122 Stat. 368
- Pub. L. 111-84
- 123 Stat. 2512
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cites case law
Sec. 1205
CODIFICATION AND ENHANCEMENT OF AUTHORITY TO BUILD THE CAPACITY OF FOREIGN SECURITY FORCES
Pub. L.Pub. L. 110-417
Stat.122 Stat. 4578
Pub. L.Pub. L. 112-81
Stat.125 Stat. 1624
Pub. L.Pub. L. 109-163
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