Appendix 8 - Section 1206 - Global Train and Equip
S1206
SC
Yes
Temporary
Repealed on September 30, 2015
Section 1206, P.L. 109-163, as amended
Global
Provides:
- Equipment
- Supplies
- Training
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Title |
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S1206.1. |
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S1206.2. |
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S1206.3. |
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S1206.4. |
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S1206.5. |
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S1206.6. |
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S1206.7. |
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S1206.8. |
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S1206.9. |
S1206.1.1. Effective December 19, 2014, P.L. 113-235, Section 1205(c) repealed the Section 1206 authority and replaced it with 10 U.S.C 2282. Section 1206 Programs in progress at the time of repeal may continue to execute under the authorities and policies of Section 1206.
S1206.1.2. Between Fiscal Year (FY) 2006 and FY 2015, under Section 1206 of the FY 2006 National Defense Authorization Act (NDAA) as amended, the Secretary of Defense (SECDEF), with the concurrence of the Secretary of State (SECSTATE), had authority to provide equipment, supplies, and training to build the capacity of foreign military forces to conduct counterterrorism operations, assist in building a Benefitting Partner’s military, territorial security, and/or maritime security forces or to participate in or support military and stability operations in which U.S. forces participated.
S1206.1.3. The Section 1206 Program was funded with Operations and Maintenance (O&M) appropriations. Program funds could also be used to build the capacity of maritime security forces to conduct counterterrorism operations. The Combatant Command (CCMD), the Office of the Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict (OASD(SO/LIC)), the Joint Staff (JS), and/or the Department of State (State) identified and prioritized Section 1206 requirements. The CCMD submitted requirements in the form of proposals to OSD(SO/LIC). DSCA oversaw an annual feasibility review of the proposals (which also serve as memoranda of request (MORs)) to validate equipment lists, training requirements, and costs. These documents were simultaneously reviewed and prioritized by the Office of the Under Secretary of Defense for Policy (OUSD(P)), the JS, and State, before approval by the SECDEF and submission of a Congressional Notification (CN). The Implementing Agency (IA) developed Section 1206 cases as rapidly as possible due to the short timelines of the 1206 process. Cases needed to be developed quickly so that they were ready to procure defense articles and/or services as soon as case funding became available so contracting actions could be completed before the end of the fiscal year. The CCMDs remained actively engaged and responsive in order to best support these efforts. DSCA centrally managed the Section 1206 programs and tracked program activities from inception to case closure, including the timely, assured delivery of defense articles and services.
S1206.1.4. See DoD Instruction (DoDI) 5111.19, Section 1206 Global Train-and-Equip Authority, for general Section 1206 program guidelines.
S1206.2.1. Restrictions.
S1206.2.1.1. Annual Funding Limitation. The Secretary of Defense (SECDEF) could use up to $200,000,000 of funds available for defense-wide Operations and Maintenance (O&M) for any fiscal year to conduct or support activities directed by the President under subsection in that fiscal year.
S1206.2.1.2. Assistance Otherwise Prohibited by law. The President could 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.
S1206.2.1.3. Limitation on Eligible Partners. The President could not use the authority in subsection (a) to provide assistance described in subsection (b) to any Benefitting Partner that is otherwise prohibited from receiving such type of assistance under any other provision of law.
S1206.3.1. Please see Section 333 Key Stakeholders.
S1206.5.1. No later than 15 days before initiating activities the Secretary of Defense (SECDEF) would submit to the appropriate committees of Congress a notice.
S1206.5.2. Presidential Direction. At the time the President directed the SECDEF to conduct or support an authorized program will provide a written copy of that direction to the Congress
S1206.5.3. Activities in a Partner’s Territory. Not less than 15 days before initiating activities in a partner’s territory as directed by the President under subsection (a), the SECDEF, in coordination with the Secretary of State (SECSTATE), would submit to the congressional committees specified in paragraph (3) a notice of the following:
- The partner whose capacity to engage in activities in subsection (a) will be built.
- The budget, implementation timeline with milestones, and completion date for completing the program directed by the President.
- The source and planned expenditure of funds to complete the program directed by the President.
S1206.5.4. The congressional committees specified in this paragraph are the following:
- The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
- The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
S1206.6.1. Section 1206 requirements executed via Building Partner Capacity (BPC) Letters of Offer and Acceptance (LOAs) per the development procedures outlined in Chapter 15.
S1206.7.1. Not later than one year after the date of the enactment of this Act, the President would transmit to the congressional committees specified in a report examining the following issues:
S1206.7.1.1. The strengths and weaknesses of the Foreign Assistance Act (FAA) of 1961, the Arms Export Control Act (AECA), and any other provision of law related to the building of the capacity of Benefitting Partners or the training and equipping of foreign military forces, including strengths and weaknesses.
S1206.7.1.2. The changes, if any, that should be made to the FAA of 1961, the AECA and any other relevant provision of law that would improve the ability of the USG to build the capacity of Benefitting Partners or train and equip Benefitting Partner military forces authorized in the section 1206 authority.
S1206.7.1.3. The organizational and procedural changes, if any, that should be made in the Department of State (State) and DoD to improve their ability to conduct programs to build the capacity of Benefitting Partners or train and equip Benefitting Partner military forces, including for the purposes authorized in the section 1206 authority.
S1206.7.1.4. The resources and funding mechanisms required to assure adequate funding for such programs.
S1206.7.2. Foreign Military Training Report. All training conducted under Section 1206 is 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 |
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B4 | P.L. 109-163, as amended | Build the capacity of foreign military forces to conduct counterterrorism or to support military operations | 97 6 0100 (DW O&M) | 2006 | 2011 | |
B5 | 97 7 0100 (DW O&M) | 2007 | 2012 | |||
B8 | 97 8 0100 (DW O&M) | 2008 | 2013 | |||
B9 | Build the capacity of foreign military forces or maritime security forces to conduct counterterrorism or to support military operations in which the U.S. is participating | 97 9 0100 (DW O&M) | 2009 | 2014 | ||
G7 | Build the capacity of foreign military forces or maritime security forces to conduct counterterrorism or to support military and stability operations in which the U.S. is participating | 97 0 0100 (DW O&M) | 2010 | 2015 | ||
H2 | 97 1 0100 (DW O&M) | 2011 | 2016 | |||
H4 | 97 2 0100 (DW O&M) | 2012 | 2017 | |||
H8 | Build the capacity of foreign military forces to conduct counterterrorism or to support military, stability and maritime security operations. | 97 3 0100 | 2013 | 2018 | ||
J1 | Build the capacity of foreign military forces to conduct counterterrorism or to support military, stability and maritime security operations. | 97 4 0100 | 2014 | 2019 | ||
J7 | Build the capacity of foreign military forces to conduct counterterrorism or to support military, stability and maritime security operations. | 97 5 0100 | 2015 | 2020 |
S1206.9.1. N/A