Appendix 8 - Section 2282 - Global Train and Equip
S2282
SC
Yes
Temporary
Repealed on September 19, 2017
Global
Provides:
- Construction (Small)
- Defense Services
- Equipment
- Supplies
- Training
Section | Title |
|---|---|
S2282.1. | |
S2282.2. | |
S2282.3. | |
S2282.4. | |
S2282.5. | |
S2282.6. | |
S2282.7. | |
S2282.8. | |
S2282.9. |
S2282.1.1. Effective in fiscal year (FY) 2017, P.L. 113-291, Section 2282 was repealed and replaced with 10 U.S.C. 333. Section 2282 Programs in progress at the time of repeal may continue to execute under the authorities and policies of Section 2282.
S2282.1.2. From December 16, 2024 until September 19, 2017, the Secretary of Defense (SECDEF), with the concurrence of the Secretary of State (SECSTATE), had the authority under Section 2282 to provide equipment, supplies, defense services, training, and small-scale military construction to build the capacity of a Benefitting Partner's military forces participating in or supporting on-going allied or coalition stability operations that benefit the national security interests of the U.S. or to conduct counterterrorism operations. Section 2282 authority could also be used to build the capacity of a Benefitting Partner's security, maritime, and border security forces that conduct counterterrorism operations. The Section 2282 Program was funded with Operations and Maintenance (O&M) appropriations or other funds made available to carry out programs on an annual basis. Similar to the preceding Section 1206 authority, the Combatant Command (CCMD) submitted Section 2282 proposals to the Office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict (OASD (SO/LIC)) to specify requirements.
S2282.1.3. DSCA oversaw a feasibility review of the proposals to identify procurement and other issues with CCMDs training and equipment lists, which served as the memorandum of request (MOR). The proposals were simultaneously reviewed and prioritized by OASD (SO/LIC), the Joint Staff (JS), and Department of States (State); approved by the SECDEF; and then submitted for Congressional Notification (CN). Once Congress approved a Section 2282 proposal, it became an approved Section 2282 program ready for execution. An approved Section 2282 program may consist of multiple interrelated Letters of Offer and Acceptance (LOAs) managed by different executing offices and possibly different Implementing Agencies (IAs) to provide the desired capability. The IAs developed Section 2282 program cases as rapidly as possible to meet the short timelines of the Section 2282 process and maximize the time remaining for contracting actions. The CCMDs and Security Cooperation Organizations (SCOs) remained actively engaged and responsive to support the case development efforts. At the time the DSCA (Office of International Operations, Global Capability Development Division (IOPS/GCD)) centrally managed Section 2282 programs and tracks all cases from inception to case closure, including the timely and reliable delivery of defense articles and services.
S2282.1.4. Section 2282 contained two time-limited exceptions to the bona fide needs rule, Cross Fiscal Year (CFY) Authority, and Full Operational Capability (FOC). Refer to the Section 333 Program for guidance.
S2282.1.5. The SECDEF, with the concurrence of the SECSTATE, was authorized to conduct or support a program or programs as follows:
- To build the capacity of a Benefitting Partner's military forces in order for that partner to:
- Conduct counterterrorism operations; or
- Participate in or support on-going allied or coalition military or stability operations that benefit the national security interests of the United States.
- To build the capacity of a Benefitting Partner's maritime or border security forces to conduct counterterrorism operations.
- To build the capacity of a Benefitting Partner's security forces that have among their functional responsibilities a counterterrorism mission in order for such forces to conduct counterterrorism operations.
S2282.1.6. Types of Capacity Building.
S2282.1.6.1. Authorized Elements. A program under Section S2282.1.1. may include the provision of equipment, supplies, training, defense services, and small-scale military construction.
S2282.1.6.2. Required Elements. A program under Section S2282.1.1. would include elements that promoted the following:
- Observance of and respect for human rights and fundamental freedoms.
- Respect for civilian control of the military.
S2282.2.1. Availability of funds for activities across fiscal years.
S2282.2.1.1. In General. Amounts made available in a fiscal year to carry out the authority may be used for programs under that authority that begin in the fiscal year (FY) such amounts are made available but end in the next FY.
S2282.2.1.2. Achievement of Full Operational Capability. If equipment is delivered under a program under the authority 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 Benefitting Partner takes receipt of such equipment and in the next fiscal year.
S2282.2.2. Restrictions.
S2282.2.2.1. Annual Funding Limitation. The Secretary of Defense (SECDEF) could 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 for stated purposes in the authorizing legislation.
S2282.2.2.2. Assistance Otherwise Prohibited by Law. The SECDEF could not use the authority to provide any type of assistance that was otherwise prohibited by any provision of law.
S2282.2.2.3. Limitation on Eligible Partners. The SECDEF could not use the authority to provide assistance of the authorizing legislation to any Benefitting Partner that is otherwise prohibited from receiving such type of assistance under any other provision of law.
S2282.2.2.4. Limitations on Availability of Funds for Small-Scale Military Construction.
S2282.2.2.4.1. Activities Under Particular Programs. The amount that may be obligated or expended for small-scale military construction activities under any particular program could not exceed $750,000.
S2282.2.2.5. 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 during that fiscal year could not exceed up to five percent of the amount made available in such fiscal year to carry out the authority in Section S2282.1.1.
S2282.3.1. Please see the Section 333 Key Stakeholders.
S2282.5.1. No later than 15 days before initiating activities the Secretary of Defense (SECDEF) would submit to the appropriate committees of Congress a notice of the following:
S2282.5.1.1. The partner whose capacity to engage in activities will be built under the program.
S2282.5.1.1.1. 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.
S2282.5.1.1.2. The source and planned expenditure of funds to complete the program.
S2282.5.1.1.3. 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.
S2282.5.1.1.4. 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.
S2282.5.1.1.5. Information, including the amount, type, and purpose, on the assistance provided the partner during the three preceding fiscal years under each of the following programs, accounts, or activities:
S2282.5.1.1.5.1. A program under this section.
S2282.5.1.1.5.2. The Foreign Military Financing (FMF) program under the Arms Export Control Act (AECA).
S2282.5.1.1.5.3. Peacekeeping Operations.
S2282.5.1.1.5.4. The International Narcotics Control and Law Enforcement (INCLE) program under section 481 of the Foreign Assistance Act (FAA) of 1961 (22 U.S.C. 2291).
S2282.5.1.1.5.5. Non-proliferation, Anti-terrorism, Demining, and Related (NADR) Programs.
S2282.5.1.1.5.6. Counterdrug activities authorized by Section 1004 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1991 ( 10 U.S.C. 274) and Section 1033 of the NDAA for FY 1998.
S2282.5.1.1.5.7. Any other significant program, account, or activity for the provision of security assistance (SA) that the SECDEF and the Secretary of State (SECSTATE) consider appropriate.
S2282.5.1.1.6. An assessment of the capacity of the recipient partner to absorb assistance under the program.
S2282.5.1.1.7. An assessment of the manner in which the program fits into the theater security cooperation strategy of the applicable Combatant Command (CCMD).
S2282.5.1.2. Coordination with Secretary of State. Any notice will be prepared in coordination with the SECSTATE.
S2282.6.1. Section 2282 cases were developed and executed in accordance with the guidance in Chapter 15.
S2282.7.1. Assessments of Programs. Amounts available to conduct or support programs were available to the Secretary of Defense (SECDEF) to conduct assessments and determine the effectiveness of such programs in building the operational capacity and performance of the recipient units concerned.
S2282.7.2. Foreign Military Training Report. All training conducted under Section 2282 were subject to inclusion in the annual Foreign Military Training Report (FMTR). See Section C10.21.2. for more information.
Program | Program | Purpose | Fund Source | Appropriation | Funds Availability | Funds Cancel |
|---|---|---|---|---|---|---|
J9 | Build the capacity of foreign military forces to participate in stability operations that benefit the national security interests of the United States or to build the capacity of foreign country's military, maritime, border security and national level security forces to conduct counterterrorism operations. | 97 5 0100 | 2015 | 2020 | ||
U5 | Build the capacity of foreign security forces to conduct counterterrorism operations or participate in or support ongoing allied or coalition military or stability operations that benefit U.S. national security interests. | 97 6 0100 | 2016 | 2021 | ||
U8 | 97 17/18 0100 | 19 Sept 2017 | 2023 |
S2282.9.1. N/A