DEFENSE SECURITY COOPERATION AGENCY  2800 DEFENSE PENTAGON  WASHINGTON, D.C. 20301-2800	7/31/2019

MEMORANDUM FOR :

DEPUTY ASSISTANT SECRETARY OF THE ARMY FOR DEFENSE EXPORTS AND COOPERATION
DEPUTY ASSISTANT SECRETARY OF THE NAVY FOR INTERNATIONAL PROGRAMS
DEPUTY UNDER SECRETARY OF THE AIR FORCE FOR INTERNATIONAL AFFAIRS
DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY
DIRECTOR, SECURITY ASSISTANCE, DEFENSE FINANCE AND ACCOUNTING SERVICE
DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DIRECTOR, MISSILE DEFENSE AGENCY
DIRECTOR, DEFENSE LOGISTICS AGENCY
DIRECTOR, DEFENSE LOGISTICS INFORMATION SERVICE
DIRECTOR, DEFENSE LOGISTICS AGENCY DISPOSITION
DEPUTY DIRECTOR FOR INFORMATION ASSURANCE, NATIONAL SECURITY AGENCY

SUBJECT :

Update to Interim Clarification on 10 USC § 333, DSCA Policy 19-22

REFERENCE :

1. DSCA Policy Memo 18-38, Interim Clarification on 10 USC § 333, dated September 5, 2018

Effective immediately, this memo updates the referenced DSCA policy regarding the use of funds.

A section 333 proposal may be conditionally approved and congressionally notified no more than one fiscal year in advance of an available appropriation. If the Department of Defense seeks approval and notification of a section 333 proposal in advance of an appropriation, the Action Memo accompanying the approval/notification package must include a statement explicitly conditioning execution of the project on follow-on coordination with the DoD Office of General Counsel, the Office of the Under Secretary of Defense (Comptroller), and with the Department of State in the fiscal year of execution before funds are released for the program. The secondary review of the proposed section 333 program ensures there are no new enactments or changes in policy that affect program execution, and that funds are available for the program. For example, after notification, Congress could enact additional conditions or restrictions that would affect funds availability or eligibility. No program may be initiated without full funding from available appropriations.

If you have any questions concerning this guidance, please contact Ms. Caroline Chin, DSCA-SPP/SPI, caroline.s.chin.civ@mail.mil, (703) 697-9073.

Gregory M. Kausner
Deputy Director

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