Section 333 - Foreign Security Forces: Authority to Build Capacity

Appendix 8 - Section 333 - Foreign Security Forces: Authority to Build Capacity

S333

Title 10

Yes

Title 22

SC or SA

Subject To BPC LOA

Yes

Program Duration

Permanent

Program Authority Status

Active

Legal Citation

10 U.S.C.333 Foreign Security Forces: Authority to Build Capacity

Program Area

Global

Program Use

Provides:

Construction (Small)
Defense Articles
Defense Services
Stipends
Supplies (including consumables)
Training

Quick Links

Section	Title
1.	Program Description
2.	Program Specific Guidance and Restrictions
3.	Key Stakeholders
4.	Planning
5.	Congressional Notification Requirements
6.	Execution
7.	Reporting Requirements
8.	Legislation and Authorities (if applicable)
9.	Additional Information (if needed)

1. - Program Description

S333.1.1. 10 U.S.C. 333 provides DoD authority to build the capacity of partner security forces to conduct certain types of operational missions. Section 333 authorizes the Secretary of Defense (SECDEF), with the concurrence of the Secretary of State (SECSTATE), to conduct or support a program or programs to provide training and equipment to the partner security forces of one or more partners for the purpose of building the capacity of such forces to conduct one or more of the following:

Counterterrorism operations
Counter-weapons of mass destruction operations
Counter-illicit drug trafficking operations
Counter-transnational organized crime operations
Maritime and border security operations
Military intelligence operations
Operations or activities that contribute to an existing international coalition operation that is determined by the SECDEF to be in the national interest of the United States
Air domain awareness operations
Cyberspace security and defense cyberspace operations

S333.1.2. Authorized Elements. A Section 333 program may include the provision and sustainment of defense articles, training, defense services, supplies (including consumables), and small-scale construction.

S333.1.3. Required Elements. A Section 333 program must include the following:

S333.1.3.1. Observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.

S333.1.3.2. Institutional Capacity Building.

S333.1.4. Prior Department of Defense Train & Equip Programs. Section 333 authority was enacted by the Fiscal Year (FY) 2017 National Defense Authorization Act (NDAA). Table S333.T1. lists some of the prior DoD Train and Equip authorities that DoD relied upon to build the capacity of foreign security forces prior to the enactment of Section 333.

S333.1.5. If a prior DoD legacy authority is repealed prior to delivery of assistance to a partner, DoD cannot rely upon a repealed authority as the legal basis to provide assistance to a partner. Completing an incomplete program for which the legacy authority has been repealed will require proceeding under an alternative authority such as Section 333 which may require re-notification of the prior legacy program as a new Section 333 program.

Table S333.T1. - Department of Defense Legacy Train and Equip Programs

DoD Legacy Train and Equip Programs
10 U.S.C. 2282, “Authority to Build the Capacity of Foreign Security Forces” (see P.L. 113-291) Section 1033 of the NDAA for FY 1998 (P.L. 105-85), “Authority to Provide Additional Support for Counter-Drug Activities of Peru and Colombia” Section 1004 of the NDAA for FY 1991 (P.L. 101-510), “Additional support for counter-drug activities" Section 1204 of the NDAA for 2012(P.L. 113-66), “Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction”

DoD Legacy Train and Equip Programs

10 U.S.C. 2282, “Authority to Build the Capacity of Foreign Security Forces” (see P.L. 113-291)
Section 1033 of the NDAA for FY 1998 (P.L. 105-85), “Authority to Provide Additional Support for Counter-Drug Activities of Peru and Colombia”
Section 1004 of the NDAA for FY 1991 (P.L. 101-510), “Additional support for counter-drug activities"
Section 1204 of the NDAA for 2012(P.L. 113-66), “Authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction”

2. - Program Specific Guidance and Restrictions

S333.2.1. Human Rights Training Certification. The Secretary of Defense (SECDEF) will certify, prior to initiation of a Section 333 program, that the DoD will undertake or has undertaken training that includes a comprehensive curriculum on the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.

S333.2.1.1. Human Rights Training Requirement for Section 333 Programs. Prior to Congressional Notification (CN), the DSCA (Defense Security Cooperation University, Defense Institute of International Legal Studies (DSCU/DIILS)) will review the proposed assistance package and determine the appropriate level of human rights training. There are three levels of human rights training - basic, intermediate, and advanced. These levels range from a two-hour basic training requirement up to two-days-plus advanced training requirement. The DoD Office of the General Counsel (DoD (OGC)) must approve the content of Section 333 human rights training curriculum.

S333.2.2. Institutional Capacity Building Requirement. Prior to the initiation of a Section 333 program, it will be ensured that DoD or another U.S. department or agency is already undertaking or will undertake as part of the security sector assistance provided to the Benefitting Partner concerned, a program of Institutional Capacity Building (ICB) with appropriate institutions of such Benefitting Partner. This will be a program to enhance the capacity of the Benefitting Partner to organize, administer, employ, manage, maintain, sustain, or oversee the partner security forces of such Benefitting Partner.

S333.2.3. Planning considerations. When developing and planning a Section 333 program to build the capacity of the partner security forces of a Benefitting Partner, the SECDEF and the Secretary of State (SECSTATE) shall jointly develop and plan any program carried out under this authority. The SECDEF and SECSTATE should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the partner that may impact the effectiveness of the program. Both parties should also consider human rights violations, identification of analogous authorities, partner absorptive capacity, and plans for program sustainment.

S333.2.4. Security Arrangement or Agreements. As a prerequisite condition for the release of certain sensitive defense articles to the Benefitting Partner, the USG may require the Benefitting Partner to conclude a separate security arrangement or a security agreement before providing assistance. A required security agreement may be a legally binding international agreement such as a General Security of Information Agreement (GSOIA), General Security of Military Information Agreement (GSOMIA). A security arrangement addresses program specific security-type requirements to ensure the Benefitting Partner understands how to physically safeguard the transferred sensitive defense articles to the same extent as U.S. government protects such items. The Benefitting Partner’s legally binding commitment to physically safeguard transferred grant assistance defense articles is established by concluding a bi-lateral international agreement required by Section 505 of the Foreign Assistance Act (FAA) (referred to as a 505 Agreement). A 505 Agreement is a legal prerequisite to provide Section 333 assistance to a Benefitting Partner. U.S. government security requirements cannot be imposed upon the Benefitting Partner by the Building Partner Capacity (BPC) Letters of Offer and Acceptance (LOAs) since the Benefitting Partner does not sign the BPC LOA.

S333.2.4.1. If the required security arrangement or security agreement is not yet concluded when BPC LOA is implemented, the DSCA (Office of International Operations, Weapons Directorate (IOPS/WPN)) will direct DSCA (Office of International Operations, Global Execution Directorate, Case Writing and Development Division (IOPS/GEX/CWD)) to add a custom BPC LOA note instructing the Implementing Agency (IA) that equipment will not be delivered to the Benefitting Partner until the required security agreement is signed. Program Design/Execution Constraints: When designing an individual Section 333 program, DSCA and the IAs must work together to compile and coordinate the anticipated acquisition, production, and delivery of articles across the entire program to generate the anticipated program execution timeline. The program design must consider all constraints (e.g., production schedule, course schedules, dependencies, anticipated delivery dates and any required delivery dates etc.) when determining the appropriate periods of performance for defense services and must be determined in accordance with all relevant U.S. laws and policies to meet the unique circumstances in order to deliver the desired capability to the partner.

S333.2.5. Exceptions to the Bona Fide Need Rule. The Bona Fide Need (BFN) (31 U.S.C. 1502) rule is a general fiscal principal that requires appropriations to be obligated only for payment of bona fide need of the requiring agency during the period of availability of funds. In addition to the use of the production/lead time BFN exception which applies to all U.S. Government acquisitions, there are two other BFN exceptions that only apply to 10 U.S.C. 333 programs: a Cross Fiscal Year (CFY) Authority and a Full Operational Capability (FOC) Authority. The CFY and FOC BFN exceptions allow for the execution of funds in future years as long as funds are obligated during the funds’ original period of availability.

S333.2.6. Production/Long Lead Time Exception. Limited contractor-provided non-severable services (e.g., initial operator training or construction) are permissible to support the delivery of articles and equipment with a long-lead production time when the desired non-severable services or training would fall outside of the allowable Period of Performance (POP) under another authority. Non-severable service contracts may be awarded to support the fielding of a long-lead production article but must be funded entirely with appropriations available for new obligations at the time the contract is awarded, and the POP may extend across fiscal years (FYs) to support the equipment whenever it is delivered prior to the funds’ cancellation date.

S333.2.6.1. Potential Production/Long Lead Time Exception Impact on Cross Fiscal Year and Full Operational Capability. An individual Section 333-funded program using the long-lead time exception to facilitate delivery of equipment outside the authorized POP permitted by the CFY or FOC authority would negate the ability to use the CFY or FOC authority for that Section 333 program. Since any use of the production/long-lead exception could impact other planned activities in the Section 333 program which expect to rely on CFY or FOC authority, IAs will coordinate the proposed use of the production/long lead time exception with DSCA (Office of International Operations, Global Capability Development Division (IOPS/GCD)) during the program design phase and prior to CN. DSCA (IOPS/GCD) must communicate to all supporting IAs and all alternate executing offices/non-traditional implementers if the production/long lead time exception will be used for a planned program to ensure that any planned POP conforms to the applicable fiscal rules.

S333.2.7. Availability of Funds for Programs Across Fiscal Years. The BFN (31 U.S.C. 1502) rule is a general fiscal principal that requires appropriations to be obligated only for payment of bona fide needs of the requiring agency during the period of availability of funds. 10 U.S.C 333 contains two time-limited exceptions to the BFN rule: CFY and FOC authorities. The CFY and FOC exceptions to the BFN allow for the execution of funds in future years as long as funds are obligated during the funds’ original period of availability.

S333.2.7.1. 333 Program Start. The CFY and FOC exceptions are legally available options for DoD to execute Section 333 programs through a multi-year deliberate planning process to deliver enduring capabilities to our Benefitting Partners. IAs may use CFY and FOC authorities simultaneously while executing a single Section 333 program. The scope of a Section 333 program is defined by scope of the program established by the CN. A Section 333 program begins at the earlier of the following (1) the program’s first obligation of program funds for a commercial contract; or (2) the first date of delivery to the Benefitting Partner of a defense article or defense service provided by the program. The planned execution timeline provided to Congress will be based on when the first field activity officially starts the program. To achieve a unified start among all offices supporting a single 333 program there must be continual communication and coordination to ensure all supporting office know the fiscal year a program starts and conform their execution to the permissible periods of performance authorized by Section 333.

S333.2.7.2. Cross Fiscal Year Authority. CFY authority per 10 U.S.C. 333(g)(2)(A) allows amounts available in a fiscal year to carry out a Section 333 program to be used for programs under that authority that begin in that fiscal year and end not later than the end of the second fiscal year thereafter.

S333.2.7.3. Qualifying for Cross Fiscal Year. The program's planned period(s) of performance may not exceed the time period authorized by CFY. The 333 program starts as described in S33.2.7.1. If the delivery of articles or services of any line on any case (or any Direct Funds equivalent) associated with the program exceeds that which is authorized by CFY, then the Section 333 CFY BFN exception does not apply and all case lines in all cases (and direct funds equivalent) associated with the specific 333 program must revert to complying with other fiscal laws and policies governing federal appropriations.

S333.2.7.4. Full Operational Capability Authority. 10 U.S.C. 333(g)(2)(B) authorizes an additional exception to the BFN rule, allowing follow-on support (FOS) (in the form of additional defense articles, training, defense services, supplies including consumables, and small-scale construction) for equipment requiring FOC authority, as denoted on the CN. These FOC activities may begin in the fiscal year when the Benefitting Partner accepts physical delivery or title transfer of the equipment and may continue until the end of the second fiscal year thereafter.

S333.2.7.4.1. Qualifying for Full Operational Capability. In order for a Section 333 program to qualify for FOC, the USG must receive all equipment requiring FOS and/or services to ensure the Benefitting Partner achieves FOC for such equipment before the end of the fiscal year after the fiscal year in which the 333 program starts. If all such equipment is delivered to the USG before the end of the fiscal year following the fiscal year the program started, the USG may provide the Benefitting Partner with the FOS associated with the delivered equipment.

S333.2.7.5. If the USG does not receive all equipment requiring FOS and/or services before the end of the fiscal year after the first obligation, the Section 333 program does not qualify for the FOC BFN exception and program execution must revert to complying with other fiscal laws and policies governing federal appropriations.

S333.2.7.6. The IA should make every effort to deliver the equipment to the Benefitting Partner within 120 days after acceptance of all of the items requiring FOS by the USG.

S333.2.7.7. Training-only programs do not qualify for FOC authority because they do not involve the delivery of equipment.

S333.2.7.8. Use of Multiple Bona Fide Need Exceptions. The CFY and FOC exceptions are legally available options for DoD to execute Section 333 programs through a multi-year deliberate planning process to deliver enduring capabilities to Benefitting Partners. IAs may use both CFY and FOC authorities while executing a single Section 333 program.

S333.2.7.9. Program Completion. All FOC activities and long-lead production equipment delivery (and associated non-severable services) must be completed prior to funds cancellation.

S333.2.8. Reimbursable Economy Act Support. If a supporting USG organization provides reimbursable support to a Section 333 program under the authority of the Economy Act (31 U.S.C. 1535), the supporting organization must de-obligate and return to the ordering agency any funds for services (to include training services) not provided prior to fund expiration. Funds obligated on a commercial contract, project order, or a working capital fund (e.g. Defense Working Capital Fund (DWCF)) before the appropriation expires are not required to be de-obligated and returned to the ordering agency. IAs and Direct Funds Recipients must return de-obligated and unused funds to DSCA no later than the end of the first quarter following the expiration of the funds' period of availability. The performance timelines authorized by CFY and FOC authority do not negate the Economy Act de-obligation requirement.

S333.2.8.1. Support services provided by USG personnel (except when operating under a project order or a working capital funds like the DWCF (see DoD Financial Management Regulation (DoD FMR) Volume 11A, Chapter 2), are considered obligated only when the support service is actually provided, not when funds are provided.

S333.2.8.2. For case lines supported by USG personnel (with a Source of Supply Code of “S” or “X”) where POP dates extend beyond funds’ expiration, the line note must include language stating USG services are funded with working capital funds or by project order. For Source of Supply Code “X” case lines, if USG personnel are not funded with either working capital funds or by project order, the line note must include language stating USG services will end when funds expire.

S333.2.8.3. For any service lines the case note must indicate if severable or non-severable services will be provided.

S333.2.8.4. These FOC activities may begin in the fiscal year when the equipment is delivered to the Benefitting Partner and may continue until the end of the second fiscal year thereafter.

S333.2.8.5. Case Closure for Full Operational Capability and Production/Long Lead Time Exceptions. FOC activities and long lead production equipment delivery (and associated non-severable services) be completed prior to funds cancellation per S333.2.8.6. This facilitates timely case closure of BPC LOAs and assists in the Assessment, Monitoring, and Evaluation (AM&E) of security cooperation (SC) initiatives.

S333.2.9. 10 U.S.C. 2571 - Authority for Certain Reimbursable Interchange of Supplies and Services. Section 1202 of the National Defense Authorization Act (NDAA) for FY 2022, amended 10 U.S.C. 2571 to grant authority to DoD to transfer funds to other DoD organizations in order to execute SC activities on a reimbursable basis without utilizing the Economy Act authority in 31 U.S.C. 1535 and 31 U.S.C. 1536. However, the use of 10 U.S.C. 2571 is limited only to requests to support Section 333 or Section 345 programs.

S333.2.9.1. The 10 U.S.C. 2571 authority does not change the appropriation's period of availability. All funds still must be obligated during the appropriations period of availability.

S333.2.9.2. The use of the authority granted in 10 U.S.C. 2571 is limited to seeking support from a supporting DoD organization. Funds transferred to other departments, such as the Department of State or Department of Justice, must continue to use the Economy Act to seek reimbursable support.

S333.2.9.3. DSCA will rely upon 10 U.S.C. 2571 whenever DSCA seeks reimbursable support from another DoD organization and cite 10 U.S.C. 2571 on commitment documents for Section 333 and Section 345 funding. IAs must rely upon 10 U.S.C. 2571 and also cite 10 U.S.C. 2571 on any funding documents when seeking reimbursable support from another DoD organization. This guidance does not apply when a DoD organization is seeking support from a working capital fund or via a project order.

S333.2.10. Funding and Accounting Policies.

S333.2.10.1. Sole Source of Funds. Section 333 programs carried out in a given fiscal year, and for other purposes in connection with such programs as authorized by this section, may be derived only from amounts authorized to be appropriated for such fiscal year for the DoD for Operations and Maintenance (O&M), Defense-wide, and available for DSCA for such programs and purposes. Section 333 programs must be funded entirely from O&M funds provided to DSCA to execute Section 333 programs. Foreign Military Financing (FMF) funds and funds appropriated for Section 333 programs may not cost share the same partner requirement. A U.S. Service’s O&M also cannot be used to provide Section 333 assistance. In the case of DoD contractor provided training, both the training contract and the International Military Students (IMS) travel costs must be paid for with the O&M appropriation made available to fund Section 333 programs. An FMF case may not be used to fund IMS travel costs associated with training that is Section 333-funded. Similarly, the Section 333 program must reimburse the owning DoD organization for any equipment acquired under other BPC authorities in order to provide that equipment as Section 333 assistance to a Benefitting Partner If the funds provided by the Section 333 program for the DoD stock does not need to be replaced by the owning DoD organization, the provided funds must be deposited as Miscellaneous Receipts to the U.S. Treasury.

S333.2.10.2. Currently Available Appropriation. DoD notifies Section 333 programs to Congress as being funded by either the current appropriation or an earlier appropriation which remains available for Section 333 programs. The use of subsequent year appropriations after a Section 333 program was initially notified is not permissible without re-notifying that 333 program to Congress. Multiple appropriations can be used to fund a 333 program as long as the use of those funds is consistent with the program’s CN and the funds available when obligated.

S333.2.10.3. Funding 333 Program Wide Support. (see Section C15.3.1.1. for general guidance).

S333.2.10.3.1. Transportation and Packing, Crating & Handling. Starting October 1, 2020, all defense article cases funded with Section 333 authority funds and with an appropriate Delivery Term Code (DTC) 2, 5, 7 or 9 will use a current year transportation case. Until the process for establishing a transportation/packing, crating, and handling (PC&H) case is finalized, requestors will send Transportation Account Code (TAC) requests to the following email address: usarmy.belvoir.usasac.list.gte-trans-appvl-fund-req@army.mil.

S333.2.10.3.1.1. Upon DSCA (Office of International Operations (IOPS)) direction, the Army and the Navy will each prepare necessary actions (e.g., develop a T10 BPC case) to accommodate for T10 PC&H services. The Air Force will request a TAC from the Army managed case to ship Air Force sourced defense articles or material on Section 333 cases, with the applicable DTC. The Army case will fund costs associated with consolidating materials at the DSCA-recognized Joint Consolidation Point (JCP) in Mechanicsburg, PA. The case will also fund the Delivery Assistance Team services as required.

S333.2.10.3.1.2. Once the estimated shipment information is available, IAs will create a Shipment Control Number (SCN) in the Transportation Forecast schedule in the Security Cooperation Information Portal (SCIP)/Security Cooperation Management Suite (SCMS). Each SCN will reflect a distinct shipment of defense articles (at a specific point in time and to a specific location). The SCN will appear on the transportation delivery forecast schedule located on SCIP/SCMS home page. The SCN will provide the details needed to authorize the use of the TAC as well as the automated tool for submitting a TAC request (self-contained on the SCN screen). This guidance ensures end use accountability for transported Section 333 defense articles and advance shipping notification to the Benefitting Partner.

S333.2.10.3.2. Administrative Program Support Costs. DSCA (IOPS/GCD) will validate the annual administrative program support costs and provide the approved levels to DSCA (Office of Business Operations (OBO)) for funds transfer per the annual Title 10 cost collection guidance.

S333.2.10.3.3. Supervision and Administrative Expenses for Small Scale Construction. The Supervision and Administrative (S&A) Expenses for the program must be included in the CN. Funds will be provided to the U.S. Army Corps of Engineers (USACE) from a currently available appropriation in an annual lump sum using the same funds transfer process as other administrative program support. USACE must track S&A expenses towards each notified Section 333 program.

S333.2.10.3.4. Pre-Memorandum of Request activities. Resourced pre-memorandum of request (MOR) activities that do not require travel to support approved proposals include generating Training and Equipment Lists (TELs), participating in feasibility reviews, and developing Price and Availability (P&A). Pre-MOR activities should only be conducted in support of approved proposals. Pre-MOR activities, such as site surveys, working group meetings or other analytical support requiring travel, must be submitted individually to the DSCA program manager who will coordinate approval with the relevant Combatant Command (CCMD). An individual justification template will be provided by the DSCA (IOPS/GCD) Regional Portfolio Director (RPD).

S333.2.11. Training Policies. All Section 333-funded training must follow the training policies and execution procedures required in Chapter 10. All continental United States (CONUS)-based training will be on a BPC case. If a student is attending multiple training courses, the scope of the training BPC case must include all courses needed to complete the training effort. The training BPC case must have sufficient funds and period of performance to ensure the completion of the entire training pipeline.

S333.2.11.1. Vetting. All students receiving training via Section 333 must complete security Leahy Vetting in accordance with 10 U.S.C. 362 (the “DoD Leahy Law”). Students are also required to complete security screening and medical screening. See Chapter 10 for specific information on required screenings.

S333.2.11.2. Units. Only units included in the CN are eligible to receive training. If there are extra seats available prior to the start of training, students from other units may not participate in training if their unit was not included on the CN. All participating International Military Students (IMSs) must be vetted and screened in accordance with Chapter 10.

S333.2.11.3. Technical Assistance Field Team. Technical Assistance Field Teams (TAFTs) are not prohibited by policy under Section 333 but are extremely difficult to execute. Although the Permanent Change of Station (PCS) move is covered through the Service, the funding for the lodging, cell phones, and other required on the ground support is via the Section 333 program notification. This is a lengthy process with variable timelines, so funding is not available to support leases and other contractual payments due at a specific time each year. Furthermore, an existing program may not be notified in future years, leaving the TAFTs without funding to return to the United States.

S333.2.11.4. Meals/Light Refreshments.

S333.2.11.4.1. When the participating students are required to travel to overseas to participant in Section 333 training outside of the continental United States (OCONUS) training, the IA may provide per diem to the participating students. The amount of per diem will be consistent with the amount which would be provided under the Joint Federal Travel Regulation if the student were a DoD traveler. In lieu of providing full or partial per diem, the IA may provide an arranged meal.

S333.2.11.4.2. For participating students whose travel to the training location is not DoD funded, a DoD funded lunch or light refreshment are authorized to support outside OCONUS Section 333 training if the IA determines the provision of light refreshments is a reasonable and necessary expense to achieve the training objective. The IAs’ determination must be a case-by-case determination which considers the specific factual circumstances of the training event. The IA should consider (1) whether the length of the agenda is such that participants are unlikely to remain attentive with a meal/refreshments; (2) whether there are commercial sources close enough to the training location so that students can depart and return without disrupting the scheduled training; (3) whether there are security or health concerns if students relied on commercial services near the training venue. If the IA determines that a meal/light refreshments are justified, the costs should be priced and included in the initial program proposal and the cost of meal/light refreshments should be fair and reasonable. The total cost of meal/light refreshments must be within the scope and line value on the BPC LOA.

S333.2.11.4.2.1. Light Refreshments may not include alcoholic beverages.

S333.2.11.4.2.2. For participants whose travel to the training location is not DoD funded, a meal or light refreshments may not be funded by the IA if the day’s training agenda is less than 4 hours.

S333.2.11.4.2.3. For participants whose travel to the training location is not DoD funded, a meal or light refreshments may not be served after a day’s training agenda has concluded.

S333.2.11.5. Security Cooperation Education and Training Working Group. The annual Security Cooperation Education and Training Working Groups (SCETWGs) includes a panel to review all Section 333 funded training including, but not limited to, CONUS DoD schools; Mobile Training Teams (MTTs); and interagency or contractor provided training. The Security Cooperation Organization (SCO) or selected Training Manager will be responsible to provide updates and schedule training during the SCETWG. All IAs will provide representation to participate in the Section 333 panel during the SCETWG.

S333.2.12. Third Party Transfer. Because Benefitting Partner recipients of Section 333 assistance are subject to the re-transfer provisions of Section 505 of the FAA (22 U.S.C. 2314), as amended, Third Party Transfer (TPT) requests for equipment provided to a Benefitting Partner under Title 10, Section 333 follows the same process as Title 22-provided BPC assistance (see Section 8.7.).

S333.2.12.1. Notification Requirement. The retransfer request of Section 333 equipment is subject to Sections 36(a) and 36(b) of the Arms Export Control Act (AECA) for the threshold of transfers reported to Congress, specifically the House Committee on Foreign Affairs and Senate Foreign Relations Committee. However, even when a TPT request related to provided Section 333 equipment falls below CN thresholds, as a matter of policy, DSCA informs Congressional Committees responsible for Section 333 oversight when a TPT request is made.

S333.2.12.2. Third Party Transfer Process. The Department of State, Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (State (PM/RSAT)) reviews and adjudicates TPT requests. State (PM/RSAT) will coordinate with DSCA (Office of Strategy, Plans, and Policy, Regional Planning and Program Design Directorate (SPP/RPPD)) when TPT requests for Title 10, Section 333 equipment are made. SCOs will promptly inform DSCA (SPP/RPPD) when the SCO is aware that a partner is considering submitting a TPT request to the U.S. government for previously provided Title 10 equipment.

S333.2.12.3. Third Party Transfer Proceeds. State (PM/RSAT) may not approve a TPT request seeking to sell a transferred defense article to a third party unless the requesting Benefitting Partner voluntarily agrees to use any sale proceeds in a manner consistent with the objective of the earlier Section 333 program that transferred the defense article to the Benefitting Partner.

S333.2.13. Restrictions.

S333.2.13.1. Assistance Otherwise Prohibited by Law. Section 333 legislation explicitly prohibits any Section 333 assistance that is otherwise prohibited by any provision of law. The Department of State interprets this legislation as prohibiting Section 333 assistance if a legal restriction applicable to foreign assistance provided pursuant to the FAA and AECA would prohibit the Department of State (State) from providing analogous assistance. As a result, State will not concur with proposed Section 333 assistance if State concludes they are legally prohibited from providing the same support by the analogous Title 22 authority. Further, even after providing concurrence, if Section 333 assistance has not yet been provided to the Benefitting Partner, the State is not precluding from withdrawing its previous concurrence due to changed circumstances or enactment of a new legal restriction.

S333.2.13.2. Prohibition on Assistance to Units That Have Committed Gross Violations of Human Rights. The provision of Section 333 assistance will be subject to the provisions of 10 U.S.C. 362 (DoD Leahy Law).

S333.2.13.3. Congressional Notification. As a matter of law, Section 333 assistance may not be provided until 15-days after CN. See Section S333.5 for more information on the CN requirements and procedures. As a matter of policy, Section 333 execution may not proceed with execution until all notified congressional committees have provided their explicit approval of the proposed assistance.

S333.2.13.3.1. In the event the USG is operating under a continuing resolution, as a matter of policy, DSCA will limit the total value of notified Section 333 programs to an amount that is consistent with the amount of funds provided to DSCA by the continuing resolution for funding SC programs.

S333.2.13.4. Duration of Sustainment Support. Sustainment support may not be provided pursuant to a program under subsection (a), or for equipment previously provided by the DoD under any authority available to the Secretary during FY 2015 or FY 2016, for a period in excess of five years unless the CN for that program justifies the additional sustainment.

S333.2.13.5. Small-Scale Construction. As a matter of law, Section 333 small scale construction projects cannot exceed $1,500,000. For all small-scale construction projects above $750,000, the CN must include the location, project title, and cost of each project that will be carried out, a Defense Department (DD) Form 1391, and a masterplan of planned infrastructure investments at the location over the next five years.

S333.2.13.6. Payment of Reserve and National Guard Pay and Allowances. DSCA-provided funds for Section 333 assistance may not be used for the payment of Reserve and National Guard Pay and Allowances.

3. - Program Key Stakeholders

S333.3.1. Department of State. The Department of State, Bureau of Political Military Affairs (State (PM)) reviews and obtains the concurrence of the Secretary of State (SECSTATE) to conduct an authorized Section 333 program prior to notification to the appropriate congressional committees. State jointly develops and plans any program carried out pursuant to subsection (a) of 10. U.S.C. 333. The implementation plans for all Section 333 programs are coordinated with State prior to ensure Title 10 investments and activities are complementary to State Title 22 efforts.

S333.3.2. Combatant Commands. Combatant Commands (CCMDs) are responsible for multi-year planning of Building Partner Capacity (BPC) activities and strategies for the regions and partners within its theater of operations, documented in the Theater Security Cooperation Plan (TSCP). Each TSCP supports geographic CCMD goals and objectives for regional security and is coordinated with the U.S. Missions’ plans for security assistance. CCMDs serve as the primary Requesting Authority for Title 10 resources controlled by the Under Secretary of Defense for Policy (USD(P)). CCMDs generate a demand signal for Title 10 resources through generation of Significant Security Cooperation Initiatives (SSCIs), Initiative Design Documents (IDDs), and five years plans. Per Department of Defense Instruction (DoDI) 5132.14, geographic CCMDs ensure assessments and monitoring are undertaken in support of IDD execution. This includes leading initial assessment efforts and facilitating participation of relevant subject matter experts in assessing, developing IDDs, and monitoring implementation. As the Requesting Authority, CCMDs must be adequately resourced and manned to perform program oversight functions, including training planning and oversight. In addition to planning, the geographic CCMD has overall responsibility for prioritizing, coordinating, monitoring, and evaluating the success of security cooperation (SC) activities in theater.

S333.3.3. Country Team and On Island Team (Security Cooperation Organization). Supports their respective CCMD through each phase of the BPC process from planning to the transfer of materiel or provision of services and interacts closely with Benefitting Partner security forces. The Security Cooperation Organization (SCO) is entrusted with communicating BPC program objectives and requirements to Benefitting Partner representatives and soliciting information from the partner. See Table C15.T1. for a summary listing of SCO responsibilities unique to BPC programs. SCOs must be adequately resourced to accompany assessment teams, assist Implementing Agencies (IAs) performing site visits as required, assist with material deliveries, perform title transfers, and conduct End Use Monitoring (EUM).

S333.3.4. Under Secretary of Defense for Policy. USD(P) generates guidance and directs the prioritization of SC resources through the SSCI-centric planning process. USD(P) requests the CCMDs, with the assistance of DSCA, the Joint Staff (JS), and OUSD(P), to develop and submit SSCI objectives, Partnership Assessments (PAs), IDDs, and five-year plans to provide a resource and forces demand signal required to achieve DoD objectives. Through the Security Cooperation Policy Executive Council (SCOPEC), the Office of the Under Secretary of Defense for Policy (OUSD(P)) reviews, prioritizes, and generates recommended resource allocation courses of action for SC activities contained in the SSCIs to USD(P). USD(P) resource allocation responsibilities also include determinations for redirection and diversion of assistance. The office of primary responsibility to complete all of the USD(P) functions is The Office of Deputy Assistant Secretary for Global Partnerships (ODASD (GP)).

S333.3.5. Defense Security Cooperation Agency. DSCA Leads program design working with SCOs, ODASD(GP), CCMDs and IAs. Responsible for Section 333 program Congressional Notification (CN) to include the development, coordination of, and delivery of notification packages as well as responding to congressional requests for information. DSCA validates SSCIs and other planning documents to determine readiness for the IA involvement in for executable end product, the Training and Equipment Lists (TELs). DSCA supports DoD components on planning and execution of SC and the appropriate use, integration, and execution of SC programs to develop comprehensive, full spectrum, and sustainable approaches to building allied or Benefitting Partner defense and security capabilities and capacity, and to achieve other defense policy goals. DSCA provides guidance to DoD components and SCOs on the administration and execution of BPC program activities. Such guidance may include supporting generation of equipment lists, defining requirements with IAs, proposal development, case development, and closure guidance. DSCA also oversees program-level logistics planning, performs program and financial management for BPC programs, develops and implements program policies, monitors obligation of funds, deliveries and execution, and otherwise assists Requesting Authorities in achieving BPC program objectives. DSCA may also undertake direct funded programs that do not require the development of a BPC case through the IAs.

S333.3.5.1. Office of International Operations, Global Capability Development Directorate, Regional Portfolio Director. DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) Regional Portfolio Director (RPD) serves as lead point of contact (POC) for IAs for Section 333 programs. (IOPS/GCD) Facilitates development of TELs, feasibility review, Price and Availability (P&A) data, CN tables, case development, coordinates case approvals across DSCA, case implementation, and program execution and ensures visibility of Section 333 programming by the DSCA (Office of International Operations, Regional Execution Directorate (IOPS/REX)) Divisions Chiefs and Country Portfolio Directors (CPDs).

S333.3.5.2. Office of Strategy, Plans, and Policy, Regional Planning and Program Design Directorate Planner. DSCA (Office of Strategy, Plans, and Policy, Regional Planning and Program Design Directorate (SPP/RPPD)) Planner facilitates design, review, and prioritization of activities and projects that make up Section 333 programs. The Planner serves as lead POC for the CCMD, SCO, and OUSD(P) community as it pertains to SSCI and IDD development and supports drafting of SSCI objectives and IDDs. The Planner ensures alignment with national strategy and DoD policy and drafts and coordinates Section 333 CNs, and briefs congressional staff.

S333.3.5.3. Defense Security Cooperation University, Enterprise Support Directorate, International Military Training and Education Division Institutional Capacity Building Specialist. The DSCA (Defense Security Cooperation University, International Military Training and Education Division (DSCU/IMTE)) ensures alignment of Institutional Capacity Building (ICB) activities to BPC efforts under Section 333 to enable full-spectrum capability development. (DSCU/IMTE) serves as the lead coordinator for CCMD, SCO, and OUSD(P) community as it pertains to ICB considerations and requirements.

S333.3.5.4. Office of International Operations, Global Execution Directorate Country Portfolio Director. The DSCA (Office of International Operations, Global Execution Directorate (IOPS/GEX)) CPD maintains situational awareness of all cases and programs within their portfolio, including Section 333 programs. (IOPS/GEX) supports RPDs in ensuring Section 333 programs are integrated and briefed to the DSCA (IOPS/GEX)) leadership Supports RPDs if Section 333 cases require higher visibility for issue resolution and ensures all BPC programs are working in concert with partner Foreign Military Sales (FMS).

S333.3.6. Office of the Under Secretary of Defense (Comptroller). The Office of the Under Secretary of Defense (Comptroller) (OUSD(C)) establishes and updates guidance on the use of DoD funds. For select authorities OUSD(C) reviews and submits CN packages to the Assistant Secretary of Defense for Legislative Affairs (ASD (LA) to forward to appropriate congressional committees and authorizes the release of DoD funds for BPC programs and reports to Congress on the use of funds.

S333.3.7. Implementing Agencies. Per DSCA request/coordination, IAs provide technical advice to other stakeholders on requirements and suggesting best fit technology in terms of interoperability, capability, and cost. IAs can provide early rough order of magnitude costs for the total package approach and assist with estimates for life cycle management costs. IAs may participate in SSCI Rough order of Magnitude (ROM) validation and support the development of future programs and TELs. Once the TELs are submitted, the IAs are responsible for reviewing TELs, participating in feasibility reviews, and providing P&A data to DSCA. Upon congressional approval, IAs execute the program and drafts the case within 60 days for DSCA review or provide written justification of why the case has not yet been developed and provide a timeline of when it will be developed. IAs periodically update CN to Letter of Offer and Acceptance (LOA) crosswalks with the delivery status of materiel, defense services, and training.

S333.3.8. Non-Traditional Implementers. These DoD alternate executing organizations implement and execute select Section 333 programs outside of the BPC case process. Examples include the Acquisition Management and Integration Center (AMIC), the Defense Threat Reduction Agency (DTRA), and the International Criminal Investigative Training Assistance Program (ICITAP). A memorandum of understanding (MOU) between DSCA and the non-traditional implementer citing the DSCA Director’s delegated authority in accordance with 10 U.S.C. 382(b) (see Section C11.1.3.1. Delegation of Authority) is required prior to any transfer of funding from DSCA and execution of any Section 333 program on behalf of DSCA. The MOU will outline all the non-traditional implementers designated responsibilities including mandatory reporting requirements.

4. - Program Planning

S333.4.1. Required Assessment Phase. Per Department of Defense Instruction (DoDI) 5132.14, “Assessment, Monitoring, and Evaluation (AM&E) Policy for the Security Cooperation Enterprise,” dated January 13, 2017, geographic Combatant Commands (CCMDs) lead initial assessment efforts, facilitate participation of relevant subject matter experts (SMEs) and other appropriate participants as they assess development of an initiative design document (IDD) and monitor implementation. The AM&E framework begins with capability-based assessments, the role we want our partners to perform, and desired outcomes to achieve strategic effects. The Under Secretary of Defense for Policy (USD(P)) issued guidance (see the list of reference documents) requires critical assessments of a partner’s capability requirements, potential programmatic risks, baseline information, and indicators of efficacy for the purposes of planning, monitoring, and evaluation of security cooperation (SC) programs and activities of DoD.

S333.4.1.1. Initial Assessment. Initial assessments are required before all Significant Security Cooperation Initiatives (SSCIs) are developed. For each capability considered, the initial assessment will include an analysis of the following elements shown in Table S333.T2.

Table S333.T2. - Initial Assessment Required Elements

Required Element
Political, Military, Economy, Society, Information, Infrastructure, Physical Environment, and Time (PMESII-PT) Doctrine, Organization, Training, Materiel, Leadership (and Education), Personnel, Facilities and Policy (DOTMLPF-P) Strengths, Weaknesses, Opportunities, and Threats (SWOT) The extent to which an allied or Benefitting Partner shares relevant strategic objectives with the United States, as well as a partner’s current ability to contribute to missions to address such shared objectives, based on detailed holistic analysis of relevant partner capabilities, including institutional capabilities, at the strategic as well as operational and unit levels. Analysis of potential risks, including assumptions documented in the logic tree model and possible consequences of implementing and not implementing the initiative, program, or activity. Information to inform initiative design, including available contextual data, baselines, suggested objectives, indicators and milestones, as well as recommendations on what can be achieved within a given timeframe with anticipated resources. The feasibility of achieving successful outcomes based on a partner’s political willingness to pursue the desired outcome; its absorptive capacity, including the extent to which a partner can support, employ, and sustain assistance independently; its political stability; and its respect for rule of law and human rights (HR). Analysis of the partner’s ability and willingness to provide oversight and accountability to ensure effective and responsible employment of its forces and the capabilities to be supported by the initiative, program, or activity, including observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military. Other relevant information, assessments, completed evaluations and related documents that provide context for the initial assessment process.

Required Element

Political, Military, Economy, Society, Information, Infrastructure, Physical Environment, and Time (PMESII-PT)
Doctrine, Organization, Training, Materiel, Leadership (and Education), Personnel, Facilities and Policy (DOTMLPF-P)
Strengths, Weaknesses, Opportunities, and Threats (SWOT)
The extent to which an allied or Benefitting Partner shares relevant strategic objectives with the United States, as well as a partner’s current ability to contribute to missions to address such shared objectives, based on detailed holistic analysis of relevant partner capabilities, including institutional capabilities, at the strategic as well as operational and unit levels.
Analysis of potential risks, including assumptions documented in the logic tree model and possible consequences of implementing and not implementing the initiative, program, or activity.
Information to inform initiative design, including available contextual data, baselines, suggested objectives, indicators and milestones, as well as recommendations on what can be achieved within a given timeframe with anticipated resources.
The feasibility of achieving successful outcomes based on a partner’s political willingness to pursue the desired outcome; its absorptive capacity, including the extent to which a partner can support, employ, and sustain assistance independently; its political stability; and its respect for rule of law and human rights (HR).
Analysis of the partner’s ability and willingness to provide oversight and accountability to ensure effective and responsible employment of its forces and the capabilities to be supported by the initiative, program, or activity, including observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military.
Other relevant information, assessments, completed evaluations and related documents that provide context for the initial assessment process.

S333.4.1.2. Needs Assessment. The USG Requesting Authority (RA) (the geographic CCMD) will lead and facilitate participation of relevant subject matter experts to conduct a needs assessment on all proposed initiatives in order to answer questions about the need for a SC initiative and the Benefitting Partner conditions that the initiative is intended to address. The needs assessment will identify gaps between current and desired results and then apply that information to identify the available options to inform decisions. This type of assessment will be completed before any action has been taken for a particular initiative. Depending on the complexity of the operational environment (OE), SC managers should consider working with DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) recommended expert evaluator, as described in U.S. Government Accountability Office (GAO) 18-449. For all new SC initiatives, such as Maritime Domain Awareness (MDA), and Command, Control, Communications, Computer, Intelligence, Surveillance and Reconnaissance (C4ISR) programs, an expert evaluation is required verifying that proposal packages includes all required planning elements (per GAO-18-449). Additionally, Military Department (MILDEP) Components, Implementing Agencies (IAs), and Program Offices are available to advise, inform and support the USG RA’s analysis. When conducting this assessment, the following considerations listed in Table S333.T3. should be analyzed:

Table S333.T3. - Needs Assessment Considerations

Needs Assessment Considerations
Defense Systems: Weapons, Support Systems, Sustainment, and Munition Enablers: Small Scale Construction, Logistics, Maintenance, Command and Control, Intelligence Support, and Medicine Human Resource Management: A review of the partner’s existing systems and structures to allocate, assign and manage personnel required to support the desired capability Institutional Support: Resource Management, Supply Chain, Policy Oversight, Interagency Governance, Public Relations, and Legal Frameworks Accountability: Respect for Rule of Law, Human Rights, and the Law of Armed Conflict, Accountability Measures, and Enforcement Mechanisms

Needs Assessment Considerations

Defense Systems: Weapons, Support Systems, Sustainment, and Munition
Enablers: Small Scale Construction, Logistics, Maintenance, Command and Control, Intelligence Support, and Medicine
Human Resource Management: A review of the partner’s existing systems and structures to allocate, assign and manage personnel required to support the desired capability
Institutional Support: Resource Management, Supply Chain, Policy Oversight, Interagency Governance, Public Relations, and Legal Frameworks
Accountability: Respect for Rule of Law, Human Rights, and the Law of Armed Conflict, Accountability Measures, and Enforcement Mechanisms

S333.4.1.3. Theory (and Design) Assessment. The USG RA, in conjunction with Security Cooperation Organizations (SCOs) and Country Teams or the On Island Team, are responsible for conducting theory (and design) assessments on all proposed initiatives to answer questions about the conceptualization and design of an existing initiative. This type of assessment describes in detail the theory behind an initiative. This type of assessment will be completed before planning to continue an existing SC initiative and can build on information from earlier needs assessments. The following list of questions shown in Table S333.T4. are required for the assessment, at a minimum, to ensure all elements are addressed:

Table S333.T4. - Theory (and Design) Assessment Elements

Required Elements
What outcomes does the initiative intend to achieve, and how do they relate to the nature of the problem or conditions the initiative aims to change? What is the theory of action that supports the expectation that the initiative can have the intended effects on the targeted outcome? Is the initiative directed to an appropriate group, and does it incorporate procedures capable of recruiting and sustaining their participation? What services does the initiative intend to provide, and is there a plausible rationale for the expectation that it will be effective? How are the services delivered, and are they aligned with the nature and circumstances of the target group? How will the initiative enable or support responsible and accountable employment or use of the provided equipment and training?

Required Elements

What outcomes does the initiative intend to achieve, and how do they relate to the nature of the problem or conditions the initiative aims to change?
What is the theory of action that supports the expectation that the initiative can have the intended effects on the targeted outcome?
Is the initiative directed to an appropriate group, and does it incorporate procedures capable of recruiting and sustaining their participation?
What services does the initiative intend to provide, and is there a plausible rationale for the expectation that it will be effective?
How are the services delivered, and are they aligned with the nature and circumstances of the target group?
How will the initiative enable or support responsible and accountable employment or use of the provided equipment and training?

S333.4.1.3.1. During this assessment, rough order of magnitude (ROM) pricing will be surveyed by a market research team provided by Program Offices and/or IAs in order to ensure more accurate Price and Availability (P&A) with future acquisitions. The ROM pricing surveyed during this assessment will be serve as the official ROM for the Resource Allocation Plan (RAP).

S333.4.2. Requirements Generation Phase. The USG RA, the IAs, and alternate USG executing offices, sometimes referred to as “non-traditional implementers”, must follow the processes set forth below when developing Section 333 and Indo-Pacific Maritime Security Initiative (MSI) programs.

S333.4.2.1. Master Proposal Tracking Tool. The Master Proposal Tracker is a tool to identify the status and progress of all proposals within their respective SSCIs. This tool enables multiple organizations involved in the proposal development process to efficiently share critical information and confirm the current status of the proposal. This includes ICB planning equities and HR training requirements. The capability gap analysis, logic tree, and other baseline assessments included in the proposal development process are identified, synchronized and tracked to support program design.

S333.4.2.1.1. This tool also allows DSCA to determine if the Section 333 and MSI BPC proposal and Training and Equipment List (TEL) are ready to proceed to formal technical review with the IAs. Several aspects of the proposal package are analyzed by DSCA to include (but not limited to) a clear program plan on the BPC proposal, itemized requirements on the TEL, the need for a site survey, and consistency between the BPC proposal, TEL, and other associated documents.

S333.4.2.1.2. DSCA (Office of Strategy, Plans, and Policy Regional Planning and Program Design Directorate (SPP/RPPD)) is responsible for validating BPC Proposals against corresponding SSCIs and plans to ensure the proposal is following guidance from approved strategies and USD(P) policy. DSCA (IOPS/GCD) will evaluate TELs for completeness and accuracy.

S333.4.2.2. Training & Equipment List Development. The TEL is a major component of the Memorandum of Request (MOR) for Section 333 and MSI programs. The TEL is the primary document translating desired capabilities to specific acquisition requirements. A complete MOR for Section 333 and MSI programs is a final TEL and email direction from DSCA (IOPS/GCD) to initiate case development. A CCMD is the USG RA responsible for consolidation of TEL data and submission to DSCA within published timelines and in accordance with Chapter 15. TELs submitted past the OSD(P) guidance deadline, will require OSD(P) approval and may not be included in the current year Congressional Notification (CN). Section 333 and MSI funded activities may not proceed with execution prior to Congressional approval.

S333.4.2.2.1. One TEL is required per Benefitting Partner recipient unit. DSCA will not accept TELs that include equipment for several different units within the Benefitting Partner even if they are within the same MILDEP or Service. Delivery of equipment, training, services, supplies, small-scale construction and human rights training are tied to the specific unit included on the original CN. A unit not included in the CN may not receive any equipment, training, defense services, supplies, or small-scale construction.

S333.4.2.2.2. Submitted TELs must be approved by the SCOs and the corresponding Country or On Island Team. The SCO must inform the Benefitting Partner about the proposed capability and sustainment considerations. If there are any requirements for Letter of Intent or end use assurances, the letters must be signed by the Benefitting Partner prior to the notification. Training and equipment requirements not included in the final TEL submission from the geographic CCMD will not be notified to Congress for Congressional approval. Table S333.T5. shows the minimum fields that are required for the TEL submission:

Table S333.T5. - Required Fields for the Training and Equipment List submission

Field Name
Item Description (Equipment, Training, and Services)	National Stock Number (NSN)/Part Number
Small Scale Construction	Required Occupancy Date
Estimated Dates and Duration (Training and Services)	Quantity
Training Costs (Course, Travel and Living Allowance (TLA), Medical, Administration)	Unit and Total Price
Number of Students to be Trained	Projected Number of Trainers
CCMD/Activity Receiving Funding	Sole source requirement
Specific Materiel Information (sizes, color, etc.)	Training Military Articles and Services Listings (T-MASL)
Unit(s) Receiving Training	Detailed Course Description
Force Provider (USG or Contractor)	Training Location(s)
Delivery Address(es)	CCMD/Activity point of contact (POC) Data

S333.4.2.3. Training and Equipment List Technical Review. The purpose of the Technical Review is for the IAs, other implementers and Program Offices to be able to review the proposed program requirements and formally accept the TEL and commit to providing BPC P&A data to DSCA. As previously stated, the IAs, other implementers and Program Offices use technical TEL reviews to assess validated proposals, assist with the refinement of the proposal, develop acquisition strategies, determine the Total Package Approach (TPA) using established programs of record (PORs), existing contracting vehicles and present risks associated with non-POR capabilities. DSCA (IOPS/GCD) is responsible for facilitating the TEL Technical Reviews to coordinate Requests for Information (RFI) and confirm if a program can move forward to the BPC Price and Availability phase.

S333.4.2.3.1. DSCA (IOPS/GCD) encourages using the Technical Review Checklist on the TEL early in the process to successfully generate requirements. SCOs, USG RAs, DSCA, and Implementers (e.g., IAs and non-traditional IAs like the Department of Justice International Criminal Investigative Training Assistance Program) should use the TEL Technical Checklist located on the first tab of the TEL to review requested acquisition requirements prior to submitting the final TEL to DSCA (IOPS/GCD).

S333.4.2.3.2. DSCA (IOPS/GCD) will post TEL rollups on DSCA SharePoint site for the IAs and DSCA (Defense Security Cooperation University, Defense Institute of International Legal Studies (DSCU/DIILS)) for a formal technical review period of 7-14 days. During this time, implementers review all TELs to ensure they can procure assigned equipment, training and services (to include small scale construction); identify any questions about equipment, services and training; and assess feasibility of the program. Non-Programs of record and programs requiring specific equipment variant will be coordinated with the IAs and require Justification & Approval (J&A) letter from the USG RA.

S333.4.2.3.3. It is the IA's responsibility to communicate any execution concerns to DSCA and provide rationale during the formal technical review period if they cannot execute specific equipment, training, or services (to include small scale construction). DSCA may reassign an entire program or specific lines on the TEL to another implementer if the implementer or DSCA identifies issues that may inhibit the execution of a particular program.

S333.4.2.3.4. During the TEL technical review, DSCA (DSCU/DIILS) will review final TELs and ensure that human rights training information is sufficient for notification and execution. If information is not sufficient for notification to Congress, DSCA (DSCU/DIILS) will request clarification or supplemental information from DSCA (IOPS/GCD) and the USG RA. TELs with insufficient human rights training information will not be notified to Congress for Congressional approval.

S333.4.2.4. Human Rights Training. Each unit receiving assistance under each Congressionally approved Section 333 or MSI program is statutorily required to receive training on the law of armed conflict, HR and fundamental freedoms, the rule of law and civilian control of the military (“human rights training”). There are three levels of HR training - basic, intermediate, and advanced - ranging from a 2-hour basic training requirement to a 2-days-plus advanced training requirement.

S333.4.2.4.1. DSCA (DSCU/DIILS) will review the proposed programs during TEL development to determine the appropriate level of HR training. The appropriate level of training and the designated HR training provider must be included on each TEL. DSCA (DSCU/DIILS) will be designated as the HR training provider for all intermediate or advanced human rights training requirements. For programs requiring the 2-hour basic HR training, the CCMD must identify the HR training provider, including complete POC information, on each TEL. Identified basic HR training providers will be responsible to coordinate with DSCA (DSCU/DIILS) to provide all necessary information needed to certify completion of the basic HR training requirements.

S333.4.2.5. Pricing & Availability. Immediately following the technical review period, DSCA tasks the IAs to provide a BPC P&A response (this is not in the same format as a Foreign Military Sales (FMS) P&A in the Defense Security Assistance Management System (DSAMS)). During this period, the IA should request additional information or clarification needed to provide pricing information. The IAs must provide P&A within 45 days of DSCA's formal request for P&A. When the IAs return P&A information to DSCA, they must identify any equipment that requires a Country Team or On Island Team Assessment (CTA) and CCMD endorsement as well as any necessary disclosure requirements and communicate this information to the DSCA Regional Portfolio Director (RPD). If the IA does not raise any concerns, DSCA will assume the IA is able to execute the program as designed. Implementers will also complete the program execution timeline tab. This information will be included in the CN tables.

S333.4.2.5.1. To include a program in a Tranche of programs submitted for CN, the DSCA (SPP/RPPD), DSCA (IOPS/GCD), and the team lead must verify the program's supporting documentation is complete, as applicable. The program elements that require additional documentation are listed in Table S333.T6.

Table S333.T5. - Required Fields for the Training and Equipment List submission

Program Element
Restructuring Programs to Comply with RAP	Required National Geospatial-Intelligence Agency (NGA) Approvals for Unmanned Air Vehicle (UAV) Maps
Pre-Deployment Site Surveys complete	Additional Principle of Use Agreements
Additional Country or On Island Team Assessments	End Use Certificates
Support and Sustainment Cost Estimates	Coordination of CTA/CCMD Endorsements
Transportation Plans and Costs	Sole Source J&A Letter (if no variants accepted)
Coordination for Technology Security/Foreign Disclosure Releases	Vehicle Checklists
Special Contracting Requirements	Equipment Sustainment Information
Delivery Schedules	Determine Equities with Long Lead Contracting Actions
Execution Plans and Checklists for Small Scale Construction (if applicable)	Security Cooperation Education and Training (SCET) Forms

S333.4.2.5.2. If the proposals do not include the required supporting documentation, or proper coordination has not been completed to procure items through an approved acquisition strategy, DSCA will not include the program in the tranche.

S333.4.2.5.3. DSCA (IOPS/GCD) develops CN tables that should be crafted in a broad and flexible manner, to include additional quantities or ancillary and supporting items that can be funded with residuals within the congressionally approved notification amount. In the event of actual contract price lower than estimated, additional resources become available due to price differences. CCMDs are encouraged to submit additional requirements for TELs to include in the notification.

S333.4.3. Memorandum of Request. The CCMD is the RA for Section 333 programs. CCMDs submit concepts for approval using the USD(P) approved templates. USD(P) approved proposals/MORs must use the TEL format. The TEL is the primary document used to translate desired capabilities into specific acquisition requirements. The CCMD must verify the content of the TELs and submit them to DSCA (IOPS/GCD) within the annual published execution timeframes. Training, services, and equipment requirements not included in the final TEL submission from the geographic CCMD will not be notified to Congress for congressional approval. A complete MOR package will include the TEL, and if applicable a CTA and geographic CCMD endorsement for any articles with technology security and foreign disclosure release issues.

S333.4.4. Feasibility Review. In accordance with Section C15.2.7.1., the IA will conduct a feasibility assessment to verify that requirements are actionable, and the desired materiel and training can be provided in accordance with the restrictions of the authorizing legislation. During the review period, the IA should assess the feasibility of the Lines of Effort (LOEs)/program, provide justification to DSCA for any requirements that cannot be executed as requested, identify and submit to DSCA (IOPS/GCD) and the RA any additional information or clarification the IA requires to generate P&A data. DSCA (IOPS/GCD) recommends that IAs using the Feasibility Checklist on the TEL early in the process to successfully generate requirements. See Section C15.2.7.1. Feasibility Review.

Figure S333.F1. - Feasibility Review Checklist

IDD, Addendum review for Concept of Operations (CONOPS), DOTMLPF, discussion what info is missing
1. How was specific capability (material/training/services) selected?
Partner 5-year plan review: how does this capability fit over the next 5 years?
Equipment review by category (consider TPA)
1. Does Benefitting Partner have same equipment maintenance proficiency? What similar equipment does the Benefitting Partner have?
2. Key Performance Parameters (e.g., on/off road use, maritime, desert, payload capacity, min/max altitude, speed, range, weight, limits, protection levels, day/night ops, etc.)
3. Tech Transfer considerations (Night Vision Devices (NVDs), other equipment)
4. Non-standard equipment, issues with contract, production lead-times
Training - related and integral to equipment deliveries. Identify challenges to scheduling training.
Services - Field Service Representatives (FSRs), small scale construction (requires site-survey prior to notification, see checklist below)
Capability Sustainment
1. Can the Benefitting Partner sustain the capability? (Spare parts cost, facilities, training, operational costs)
2. Is a Capability Development assessment required?
Delivery discussion: Are there any known equipment delivery challenges? Storage issues?
Is a follow up Feasibility Review required?
Considerations for 505 Agreement; Spend Plan; other policy restrictions?

Figure S333.F2. - Initial Small Scale Construction Checklist

General End State of Construction (e.g., refurbishment of XXX)
Location of Construction
Are there any potential land rights, water rights, or power rights issues that need to be resolved prior to construction start?
Can pictures of the location be provided? (Y/N)
Is the location near a water source? If so, please elaborate with details (e.g., approximate distance from construction, well water or river water, other considerations that would impact water source (e.g., river should not be used for cultural reasons, etc.)
Is there a power source that can be used?
What sort of fuel can be purchased/provided locally to the location? (e.g., diesel, gasoline, etc.)
What is the fuel storage capacity (in terms of gallons or liters) at the location?
Can billeting be provided on site? If not, what is the closest location for billeting?
What transportation assets can be provided in-territory? (e.g., 9 passenger van, pickup trucks, etc.)

S333.4.4.1. Proposed Substitutes. If the IA determines that the requested articles, training, or services cannot be provided, the IA will propose to the RA (the appropriate CCMD) alternatives that provide a similar capability and can be provided in accordance with the authorizing legislation and the period of availability of the funds. The RA must confirm that any proposed substitutes for equipment and services are acceptable and revise the final MOR to reflect the change.

S333.4.4.2. Reassignment of Lines of Effort. DSCA may also reassign programs or lines to another IA or implementer if the original IA identifies any issues with executing the program.

5. - Program CN Requirements

S333.5.1. Typically, a group of Section 333 programs, often referred to as a tranche, is provided to Congress for review and approval but a notification. While notifying groups of Section 333 programs is preferred by the Congressional committees; if necessary, DSCA may also transmit a notification that is limited to a single proposed Section 333 program. Fifteen (15) days before initiating any Section 333 program, the Secretary of Defense (SECDEF), with the concurrence of the Secretary of State (SECSTATE), DSCA submits to the appropriate committees of Congress a written and electronic notice that addresses all of the following elements:

S333.5.1.1. Identification of the Recipient. The Benefitting Partner and specific partner unit, whose capacity will be built under the Section 333 program must be identified. The notification must include the amount, type, and purpose of the support to be provided by the proposed Section 333 program.

S333.5.1.2. Absorptive Capacity Assessment. A detailed evaluation of the capacity of the Benefitting Partner and partner unit to absorb the training or equipment to be provided under the section program must also be included.

S333.5.1.3. Project Details. The notification must identify the total program cost, proposed implementation timeline, and anticipated delivery schedule for assistance under the Section 333 program.

S333.5.1.4. Sustainment Plan. A description of the arrangements, if any, for the sustainment of the Section 333 program and the estimated cost and source of funds to support sustainment of the capabilities and performance outcomes achieved under the program beyond its completion date, if applicable.

S333.5.1.5. Identification of Prior Security Assistance. A detailed summary including the amount, type, and purpose, on the security assistance (SA) provided to the Benefitting Partner during the three preceding fiscal years pursuant to Title 10 authorities, the Foreign Assistance Act (FAA) of 1961, and any other train and equip authorities of the DoD.

S333.5.1.6. Support to Strategy. A description of the elements of the Theater Security Cooperation Plan of the Combatant Command (CCMD) concerned, and of the interagency Integrated Country Strategy (ICS) or Integrated Mission Strategy (IMS), that will be advanced by the program.

S333.5.1.7. Sustainment Support. If the duration of the proposed DoD funded sustainment is in excess of five years, there must be a written justification to that the provision of sustainment support enhances the security interest of the United States. Additionally, there should also be a plan to transition the funding of sustainment support from DoD Section 333 funded assistance to an alternate source of funding.

S333.5.1.8. Advanced Notification and Approval. Generally, Section 333 programs are not notified in advance of an appropriation. However, if authorized by the DoD Comptroller, a Section 333 program may be conditionally approved and congressionally notified in advance of an available appropriation. Any notification in advance of an available appropriation would likely occur in the final quarter of the prior fiscal year.

S333.5.1.8.1. Secondary Review in the Year of Execution. If DoD allows the notification of a Section 333 program in advance of an appropriation, prior to executing the notified Section 333 programs, the tranche of 333 programs will need to be internally reviewed by the Executive Branch a second time after Congress enacts an appropriation act. The Action Memo accompanying the approval/notification package in advance of an appropriation must include a statement explicitly conditioning execution of the project on follow-on coordination with the DoD Office of the General Counsel (DoD (OGC)), the Office of the Under Secretary of Defense (Comptroller) (OUSD(C)), and with the Department of State (State) in the fiscal year of execution before funds are released for the program. The secondary review of the proposed Section 333 program ensures that any legislation subsequent to the notification does not preclude program execution, and that funds remain available for the notified program. For example, after notification, the subsequent congressional appropriation may have enacted new prerequisite conditions or restrictions that affect funds availability or the Benefitting Partner’s eligibility for U.S. grant assistance.

S333.5.2. Congressional Notification to Letter of Offer and Acceptance Crosswalk. United States Army Security Assistance Command-Washington Field Office (USASAC-WFO) manually develops and updates the Congressional Notification (CN) to Building Partner Capacity (BPC) Letter of Offer and Acceptance (LOA) crosswalk tables upon tranche notification in order to start populating this crosswalk with LOA information. USASAC-WFO manages the crosswalk for tri-service reporting of deliveries. IAs update the "Estimated Ship Date" field on the crosswalk in the Security Cooperation Information Portal (SCIP). The USG Requesting Authority (RA) will review the crosswalk on a quarterly basis to ensure they remain current on upcoming deliveries.

6. - Program Execution

S333.6.1. Case Development Phase Overview – Case Development Category Group D - 60 days.

S333.6.1.1. Upon Congressional Notification (CN) of a Tranche, DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) will notify all vested stakeholders to initiate case development. This correspondence will include the final CN Tab B, a complete Training and Equipment (TEL) roll-up, and the associated program code for each program. Within five business days of the aforesaid correspondence, Implementing Agencies (IAs) will identify the allowed total case value (TCV) and provide a unique Case Identifier (ID) to DSCA (IOPS/GCD). DSCA (IOPS/GCD) will then enter the Case ID in the Security Cooperation Information Portal (SCIP)/Security Cooperation Management Suite (SCMS)/Tranche Maintenance Input screen. Within five business days of providing the respective Case IDs, IAs will enter the Letter of Request (LOR) receipt date into Defense Security Assistance Management System (DSAMS) and follow the process in Section C5.1.7. IAs are expected to prioritize case development for cases utilizing expiring funds.

S333.6.1.1.1. The Implementing Agency (IA) is responsible for the development of the Building Partner Capacity (BPC) case based on the articles, services, and training priced on the training and equipment list. IAs will use DSCA-approved costs required for each category to include on the program-wide support case, using the established Military Articles and Services Lists (MASLs).

S333.6.1.1.2. Case development is measured against a 60-day standard (Table C5.T6.) and should achieve the "BPC Wait" milestone within that 60-day window at least 85 percent of the time. If the IA determines that case development is anticipated to exceed 60 days, the IA will notify DSCA and apply a Case Development Extenuating Factor.

S333.6.1.1.3. The allowable Period of Performance (POP) for services funded under a BPC case is subject to time limitations provided under Cross Fiscal Year (CFY) authority or Full Operational Capability (FOC) as per Section S333.2.7. Further information about CFY and FOC execution can be found in DSCA Policy Memo 22-20. These limitations are different from the funds’ period of availability for new obligations; all BPC funds for services must be obligated during their period of availability regardless of the POP for services. The IA will make its best efforts to perform services in compliance with the requested delivery date (RDD) or POP. Contractor services are categorized as either severable or non-severable, according to the definition provided in DoD Financial Management Regulation (DoD FMR), Volume 3, Chapter 8, section 080303.C.

S333.6.1.1.4. The Benefitting Partner code field is required for BPC cases and must correspond to the partner code and DSCA-notified program. For transportation cases, use the program code as the Benefitting Partner code. BPC cases also require the S1 description, which should be the Benefitting Partner's partner code followed by a dash and a short description of the articles and services being provided. This field is limited to 45 characters (DSCA Policy Memo 16-08). During the Price and Availability (P&A) phase, the Implementers should have a conceptual understanding of the transportation plan either directly to the Benefitting Partner or to the Joint Consolidation Point (JCP). If vendor-managed shipping or additional storage at the vendor’s location is the best path forward for the program due to unique requirements, such cost must be included in the P&A under a service section of the TEL. If there is a necessity to include an outside entity in the transportation plan (e.g., United States Army Security Assistance Command - Washington Field Office (USASAC-WFO) Transportation, JCP, etc.), it is the IA/Life Cycle Management Command’s (LCMC’s) responsibility to ensure this coordination is accomplished prior to case development.

Note: IAs must develop cases in DSAMS and submit them to DSCA (Office of International Operations, Global Execution Directorate, Case Writing and Development Division (IOPS/GEX/CWD)) for final preparation, coordination, and countersignature. During Letter of Offer and Acceptance (LOA) review, DSCA (IOPS/GCD) Regional Portfolio Director (RPD) will review for approval prior to Office of the Under Secretary of Defense (Comptroller) OUSD(C) releasing funds. If OUSD(C) has not released the program funds or the program is affected by Department of State (State) restrictions or sanctions, the DSCA (Office of Business Operations (OBO)) Country Finance Director (CFD) will delay the case in the Case Tracking System (CTS) by selecting the “Delay with Comment” option until funds have been released or restrictions/sanctions are resolved. Subsequently the CFD will then “Approve” the case in CTS, allowing for the process to continue. The "BPC Wait" milestone automatically applies once BPC cases are in the Review status and signals the end of case development.

S333.6.1.1.5. After case completion in DSAMS, DSCA (IOPS/GEX/CWD) will review to ensure compliance with all programmatic and policy requirements. Upon DSCA (IOPS/GEX/CWD) approval, the case is reviewed by the IA and DSCA components including (but not limited to): Country Portfolio Director (CPD), RPD, CFD, Legal, Policy, Transportation, Weapons, End Use Monitoring (EUM), and State. An authorized representative of the IA will electronically approve the LOA in DSAMS via the IA signature (MILSGN) milestone. The BPC LOA document will reflect “IA Reviewed/Approved” and display the date the MILSIGN milestone is entered. Case review should be completed by all DSCA reviewers and the IA within five business days.

S333.6.1.1.6. DSCA (IOPS/GCD) will review TELs to confirm all equipment, training, and services are on cases by conducting a line-by-line case review matching case lines against the TEL. DSCA (IOPS/GCD) will add the appropriate Case ID to each line on the (respective) TEL and note any significant differences from the original P&A. Any equity present on the TEL, but not on the BPC case, will be noted by DSCA (IOPS/GCD) and will be engaged with the IAs. Upon approval from the aforementioned entities, DSCA (IOPS/GCD) will electronically countersign the BPC LOA in DSAMS, transitioning the case to “offered status”. There is no physical signature on the BPC LOA document, as the DSCA counter signature and IA approval date is derived and displayed from DSAMS. Neither the Benefitting Partner nor the Funding Authority sign the BPC LOA; the “Purchaser Signature” block is left blank.

S333.6.1.1.7. The IA is responsible for entering the Accepted milestone in DSAMS after the BPC LOA is “Offered”.

S333.6.2. Human Rights Training. Human Rights (HR) training should be completed before or during the program execution but no later than 30 days after the final delivery of equipment or other defense services. Each Benefitting Partner unit receiving assistance under each Congressionally approved Section 333 or Indo-Pacific Maritime Security Initiative (MSI) program is statutorily required to receive training on the law of armed conflict, HR training. The level of HR training required is identified by DSCA (Defense Security Cooperation University, Defense Institute of International Legal Studies (DSCU/DIILS)) during TEL development and recorded on the TEL.

S333.6.2.1. DSCA (DSCU/DIILS) will complete the HR training for all programs requiring intermediate or advanced human rights training. For all basic-level HR training, the point of contact (POC) for the HR training provider identified by the CCMD on the TEL is responsible for: 1) coordinating with DSCA (DSCU/DIILS) to receive the basic 2-hour HR training curriculum approved by the DoD Office of the General Counsel (DoD (OGC)); 2) delivering that basic HR training to the recipient unit(s); and 3) upon completion, providing DSCA (DSCU/DIILS) with a certification memorandum and a list of attendees in the format and including the content specified by DSCA (DSCU/DIILS) as necessary to certify completion of the training requirement.

S333.6.2.2. HR training should be scheduled in the timeframe identified during TEL development and included in the notification to Congress, which typically will be directly prior to, in conjunction with, or shortly after overall program delivery. Ideally, the required HR training will be provided to the entire recipient unit; however, at a minimum, the training must be provided to the unit leaders and other key personnel of the recipient units.

S333.6.3. Case Development by Implementing Agency. Except for non-traditional IAs, the Section 333 Program executes via BPC LOAs to provide defense articles and services. Section 333 BPC LOAs are subject to the general BPC case development and execution guidance provided in Chapter 15. Please see Section S333.6.12. Direct Funding to Alternate Department of Defense Executing Offices for the limited execution exception to BPC LOA cases.

S333.6.3.1. Initiate Case Development (60 days After Congressional Approval). Once Congress has approved the program, the DSCA will send a “Case Development” email to the IAs to officially start case development. The email will include the final CN documentation, a TEL roll-up, and the associated program code for each program.

S333.6.3.1.1. Memorandum of Request. Within five business days of DSCA’s “Case Development” email, the IAs must review the memorandum of request (MOR) package to determine if the MOR package is actionable and complete (see Table C15.T3.). If the IA cannot action the MOR, the IA must provide DSCA (IOPS/GCD) with written justification explaining why case development cannot begin. If the MOR package is complete, the IAs will use the email receipt data as the LOR receipt date into DSAMS to initiate development. The IA will send the Case IDs for the identified projects to DSCA. DSCA will enter the Case ID in SCIP/SCMS/Tranche maintenance input screen. IAs are expected to prioritize case development for projects using funds expiring that year.

S333.6.3.2. Case Development Category. Section 333 cases should be assigned to Case Development Category Group D in accordance with Table C15.T6. See Section C15.3.2. for more information on case development timelines.

S333.6.3.3. Delayed Development. If the IA determines that case development (to include DSCA (IOPS/GEX/CWD) writing) will exceed 60 days, the IA will notify DSCA and enter a Case Development Extenuating Factor (CDEF) code into DSAMS to document the issue(s) and provide an estimated number of days to resolve the CDEF (See Section C5.4.2.1.).

S333.6.4. Defense Security Cooperation Agency Case Review. In addition to the standard BPC LOA review process, DSCA (IOPS/GCD) will review TELs to confirm all equipment, training, and services are on cases within 60 days of tranche notification delivery to Congress. DSCA conducts a line-by-line case review matching case lines against the TEL, adding the appropriate Case ID to each line on the TEL, and noting any significant price difference from the original P&A. This information informs program reviews and future P&A reviews. DSCA (IOPS/GCD) will monitor cases through implementation, track equipment not on cases, and review the tracker with the IAs during the Global Train and Equip (GTE) teleconferences.

S333.6.4.1. Once a Section 333 case reaches BPC “Wait/Review” status - and can proceed further in the process given funds availability - another 20 days are allocated to move it towards financial implementation.

S333.6.4.2. Case review should be completed by DSCA within five business days.

S333.6.5. Case Financial Actions Upon Completion of Case Review.

S333.6.5.1. Financial Implementation. The case should be accepted and financially implemented within 15 days from receipt of the signed BPC LOA.

S333.6.5.2. Financial Holds. If a program is subject to State restrictions or sanctions, or any other potential holds (e.g., lack of a 505 agreement or Congressional program holds) the DSCA CFD will hold the case in BPC “Wait/Review” status. Cases held in BPC “Wait/Review” status do not count against AOD metrics.

S333.6.6. Implementing a Case.

S333.6.6.1. Accelerated Implementation. Accelerated Implementation (AI) is a DSCA (OBO) process for implementing cases when financial management systems are not operational and there is a request to implement a BPC case quickly. DSCA introduced this process in order to decrease the number of days it takes to get from the Financial Implementation (FinImp) to the Implementation milestone in DSAMS. This process allows implementing agencies to pull obligation authority faster which will then allow for the legal obligations to start as soon as the implementing agencies need. Of note, the AI process is intended to be completed from the 1st through the 20th of the month. This is to ensure that it is completed before financial management systems close. After that date, the case will need to be instead emergency implemented.

S333.6.6.2. Emergency Implementation. Emergency Implementation (EI) is a separate process outlined in Section 6.1.2. A general guideline is that AIs are to be completed that day, while EIs have to be completed immediately.

S333.6.6.2.1. If there are contracting or operational requirements and at the end of fiscal year (FY), DSCA OBO may initiate emergency implementation procedures.

S333.6.6.3. DSCA (IOPS/GCD) will work with DSCA (Office of Administration, Performance, Improvement, and Effectiveness Directorate (ADM/PIE)) to establish mechanisms to monitor case implementation status - tracking and annotating reasons for late implementation - and measure Section 333 case implementation timelines against the above milestones and standards.

S333.6.6.4. Once a BPC case is implemented, IAs will enter requisitions in their respective logistics management system within 30 days of case implementation. IAs are responsible for the allotment, commitment, and obligation of funds for their respective BPC cases. Congress, Office of the Under Secretary of Defense-Cost Assessment and Program Evaluation (OUSD-CAPE), and OUSD (C) use obligation rates in the second quarter of the current year of the appropriation to determine rescissions. The IAs should strive to implement 80 percent of cases tasked for a particular tranche within 30 days from the funds release of the Congressionally-notified programs. Slow case implementation and low obligation rates may prompt Congress to rescind appropriated funds which will adversely impacts the ability of the International Security Cooperation Program (ISCP) Account to fund approved BPC programs.

S333.6.7. Obligation Rates. Congress, OUSD(CAPE) and OUSD(C) use obligation rates to evaluate program performance, determine current year rescissions, and inform future appropriations. Stakeholders measure obligation rates as a percentage of the appropriated budget for the ISCP Account. While DoD has until the end of the FY to obligate expiring funds, stakeholders use obligation rates at the end of the 3rd Quarter of each FY to inform next year appropriation decisions. As such, the IAs should strive to obligate 80 percent of expiring funds by June 30 of each year.

S333.6.7.1. DSCA will hold two BPC mid-year obligation rate reviews each year. These reviews will assess progress on the execution of programs in a manner that is consistent with the CNs. During these reviews, DSCA and the IAs will identify the total value of funds the IAs require to execute programs by June 1 and will ask the IAs to commit to obligate at least 90 percent of those funds by September 30. During the BPC mid-year obligation rate reviews, DSCA and the IAs will identify residual and undistributed funds no longer required at the program level and facilitate reallocation of funds against other priority requirements. DSCA will not accept the return of expiring year funds after June 2 of that FY.

S333.6.7.1.1. Undistributed funds are funds originally designated for a specific Section 333 program on the CN but have not been placed on a case or sent via direct funds transfer. These funds are still available to the DoD to support the specific notified program. If the program no longer needs the funds based on revised P&A, the CN program value is reduced, and those funds may fund other priority requirements for internal program management or to support another notified Section 333 program.

S333.6.7.1.2. Throughout the period of availability of funds, a program’s value ceiling is periodically reduced in all government accounting systems to an adjusted level, called the Adjusted CN value. This number is fluid and can be adjusted down or up depending on requirements, and stakeholders also ensure that it never exceeds the original CN value.

S333.6.7.1.3. A program’s CN value can be adjusted for a number of operational reasons, for example the Benefitting Partner no longer needs or wants a particular capability, estimated costs were lower than expected, etc. The funds do not get returned to Treasury immediately. They are used for any other operating costs for programs across the account. Any remaining funds are still returned through normal channels at the end of the year.

S333.6.8. Program Execution Phase. A Section 333 program “starts” at the earlier of the following: (1) the program’s first obligation of program funds for a commercial contract; or (2) the first date of delivery to the Benefitting Partner of a defense article or defense service provided by the program. The planned execution timeline provided to Congress will be based on when the first field activity officially “starts” the program. To achieve a unified start among all offices supporting a single Section 333 program there must be continual communication and coordination to ensure all supporting office know the FY a program starts and conform their execution to the permissible periods of performance authorized by Section 333.

S333.6.9. Case Execution Overview.

S333.6.9.1. Actions Upon Case Implementation.

S333.6.9.1.1. Immediately after a BPC case has been implemented, the IA will notify the Security Cooperation Organization (SCO) and provide a copy of the implemented case. The SCO may prepare for receipt of the materiel and services, as needed. The SCO will make no guarantee to the Benefitting Partner that it will receive assistance, however, until the final delivery of the materiel or services.

S333.6.9.1.2. Executing Program Office/Agent will enter requisitions in the appropriate logistics/financial management system within 30 days of case implementation.

S333.6.9.1.3. Executing Program Offices/Agents will use the appropriate acquisition strategy to place TEL equities on contract. Items that require basic contracting actions should be obligated within six months of case implementation. Items requiring long lead contracting actions are flagged and reviewed during quarterly program reviews with the IAs.

S333.6.9.1.4. IA-managed fund transfers for training (e.g., Military Interdepartmental Purchase Request (MIPRs)) will include the following: case information, funds availability, and the POP defined in the LOA. The MIPR will also include a request to obligate the funds within three months of MIPR acceptance. USASAC-WFO tracks requirements for longer contracting actions.

S333.6.9.2. Re-Programming Funds.

S333.6.9.2.1. Case modifications and amendments may facilitate the addition of defense articles, training, and defense services that are within the scope of congressionally approved program supporting the desired capability of the program, prior year adjustments or other in-scope changes. The alterations will be agreed upon by DSCA (Front Office, Office of the General Counsel (FO/OGC)) and DSCA (IOPS/GCD). BPC case amendments and modifications must not cause the Congressionally-notified program to exceed the CN value and must also be executable within the parameters of the funds’ availability.

S333.6.9.2.2. DSCA (IOPS/GCD) is responsible for the re-distribution of funds throughout notified programs. In the event that an acquisition has a contract award that exceeds the line value and there are no residuals left on the case, the RPD will coordinate any undistributed or residual funding left on the program to fund the acquisition. In the event that an acquisition’s fiscal award is less than what the line value is written for on the LOA, the RPD will first ensure that the case includes all equities on the TEL. If it doesn’t, the residual funds will be re-programmed via an amendment or modification to procure the remaining solutions. In the event that funding cannot be financially obligated before expiration, or further procurements of residual or undistributed funding do not compliment the program plan, DSCA (IOPS/GCD) RPDs are authorized to return funding to OUSD(C).

S333.6.9.3. Direct funding. The case process is the primary method of executing Section 333 programs. Direct funding programs are approved by exception only. The DSCA (IOPS/GCD) Deputy Assistant Director is the approval authority, and approval is sought via a direct funds request. Congress must approve the program, and OUSD(C) must release approved program funds before DSCA will approve any direct funds requests. Once OUSD(C) releases approved program funds to DSCA, the direct funds transfer to the recipient organization should occur within 30 days, as long as no other program holds exist. DSCA will rely under 10 U.S.C. 2571 to request reimbursable support and as the basis to provide funds to the supporting DoD organization. The recipient organization must accept direct funds within 10 days of issuance and obligate in the recipient organization's account within 30 days of issuance. If the recipient organization does not accept and obligate the funds within its account, DSCA will cancel the funds as non-required.

S333.6.9.3.1. Further information about direct funds requests and execution can be found in DSCA Policy Memo 19-12, “Interim Clarification on Methods of Execution under 10 U.S.C. 333”.

S333.6.10. Case Execution Actions.

S333.6.10.1. Requisitions. The IAs will enter requisitions into the appropriate logistics management system within 30 days of case implementation.

S333.6.10.2. Contract Awards. Funds for items that require basic contracting action will be obligated within six months of case implementation, but not later than the end of the period of availability of funds. Items requiring long lead contracting action are flagged and reviewed during quarterly program reviews with the IAs.

S333.6.10.3. Military Interdepartmental Purchase Requests. IA-managed funds for training (e.g., MIPRs) will include the following information: case information, funds availability, and the POP defined in the LOA. The IA will obligate the funds within three months from MIPR acceptance, but not later than the end of the period of availability of funds. If the funds acceptance is based on contracting action, the program executing office will provide the estimated contract award date.

S333.6.10.4. Human Rights Training. As a matter of law, Human Rights training is mandatory for each recipient partner unit. The level of human rights training required is identified on the TEL DSCA. DoD OGC must approve all curriculum/training materials used for Section 333 human rights training. DSCA (DSCU/DIILS) will complete the human rights training for all programs requiring intermediate or advanced human rights training. This training should be scheduled directly, prior to, in conjunction with, or shortly after overall program delivery. The required human rights training requirement must be provided, at a minimum, to the unit leaders and other key personnel of the recipient unit.

S333.6.10.4.1. For programs requiring the basic two-hour block of human rights training, the CCMD, SCO or non-traditional implementer must identify a POC on the TEL that will be responsible for:

Receiving the DIILS-approved basic two-hour human rights training curriculum from DIILS
Delivering the basic human rights training to the recipient unit
Providing DIILS with the certification package upon completion of the basic human rights training, and
Providing DIILS with a list of attendees.

S333.6.10.5. Key Program Execution Resources. Table S333.T7. shows the key program documents for managing Section 333 programs and the location of these documents within SCIP:

Table S333.T7. - Section 333 Resources in the Security Cooperation Information Portal

CN TAB B (SCIP/SCMS/Documents tab)
Training and Equipment List, DSCA (IOPS/GCD)
CN to LOA crosswalks (SCIP/SCMS/Documents tab)
SCMS Dashboard Report (SCIP) for the list of all LOAs under approved program
Transportation Forecast Spreadsheet (SCIP/SCMS/Documents tab)
Title Transfer Documents (SCIP/SCMS/Documents tab)
SEC333 POC List (SCIP/SCMS/Documents tab)

S333.6.10.6. Training. All Section 333-funded training must follow the training execution procedures required in Chapter 10. To facilitate DoD compliance with Congressional reporting requirements to include the Foreign Military Training Report (FMTR), 22 U.S.C. 2416, DoD must track, monitor and report international military student participation in USG-sponsored training programs. All tracking, monitoring and reporting requirements will be accomplished via the Security Assistance Network Web (SANweb)/Security Cooperation - Training Management System (SC-TMS) once all training is included on a case. All Section 333-funded training should be on a case in order for training track lines and associated training pipelines to be programmed in DSAMS to the DSAMS-Training Module (DSAMS-TM).

S333.6.10.6.1. Once a training track exists in DSAMS-TM, it will flow to SC-TMS and allow for the SCO to enter the necessary training details. The USG RA will ensure the SCO enters all International Military Student (IMS) training details prior to the training start date.

S333.6.10.7. Automated Tools. Information Technology (IT) plays an essential part in developing automated tools to manage BPC program execution. DSCA (IOPS/GCD) will continue to collaborate with DSCA (Office of Business Operations, Information Management and Technology Directorate (OBO/IMT)) to develop and improve automated solutions for manually created program execution documents. Socium developers will support ISCP data requirements to help DSCA (IOPS/GCD) meet FY 2024 timeline for system roll-out and to accomplish other important program management processes such as CN to LOA crosswalk automation.

S333.6.10.8. Transportation & Deliveries. Requests for equipment delivery to the Benefitting Partner must be endorsed by the respective USG RA and DSCA (IOPS/GCD) RPD for inclusion on the Transportation Delivery Forecast schedule (located in SCIP/SCMS) and reviewed bi-weekly in the Monday virtual meetings. Program Offices should submit forecasted delivery information via the IA for inclusion in the bi-weekly transportation update. When sufficient shipment information is available, stakeholders will create a Shipment Control Number (SCN) in SCIP under the SCMS screen to populate the needed field. Once an SCN is issued, USASAC-WFO will provide the Transportation Account Code (TAC) request and issue the TAC to the appropriate transportation office (e.g., Defense Contract Management Agency (DCMA) Transportation). USASAC-WFO then updates the CN to LOA crosswalk. Requests not endorsed by the respective USG RA and DSCA (IOPS/GCD) RPD will not be granted a TAC for funding transportation movements.

S333.6.10.8.1. A request for delivery of cargo seeks support for a single, discreet, specific movement of an article (i.e., a truck, etc.), or a consolidated movement of multiple articles to a specific destination (i.e., various types of munitions, JCP deliveries, etc.). In both cases, the cargo has a common origin and destination. Multiple transportation movements of different cargo from or to multiple locations should all be detailed and tracked separately by an individual SCN in SCIP/SCMS.

S333.6.10.8.2. The SCN is the digital record repository and mechanism for a delivery to appear on the Transportation Delivery Forecast Dashboard. A SCN will be updated to include the following pieces of information shown in Table S333.T8.

Table S333.T8. - Shipment Control Number Information

Included Information
Shipment details (i.e., estimated delivery date, description, POCs, and requisition(s)/case(s) of articles, etc.) TAC request (i.e., shipment Military Assistance Program Address Code (MAPAC), weight, value and estimated transportation cost) Transportation booking details (i.e., mode, award value, carrier, agent, shipment reference numbers, etc.) Shipment completion (i.e., date shipped, arrival date, transfer of title date, delivery survey rating and actual total transportation costs) Remarks Document upload (i.e., transfer of title documentation, signature and tally, proof of delivery, photos, delivery marking briefs, and related shipping, booking and financial documentation)

Included Information

Shipment details (i.e., estimated delivery date, description, POCs, and requisition(s)/case(s) of articles, etc.)
TAC request (i.e., shipment Military Assistance Program Address Code (MAPAC), weight, value and estimated transportation cost)
Transportation booking details (i.e., mode, award value, carrier, agent, shipment reference numbers, etc.)
Shipment completion (i.e., date shipped, arrival date, transfer of title date, delivery survey rating and actual total transportation costs)
Remarks
Document upload (i.e., transfer of title documentation, signature and tally, proof of delivery, photos, delivery marking briefs, and related shipping, booking and financial documentation)

S333.6.10.8.3. These web-based tools for tracking transported cargo and guidance were established to ensure transparency of BPC execution and end use accountability for Section 333 and MSI defense articles. This tracking resource enables DoD to provide advanced shipping notification to the Benefitting Partner and also creates a repository for storing documents related to the custody transfer of defense articles to the Benefitting Partner.

S333.6.10.8.4. As a general rule, all materiel going through the JCP must be received at the JCP 30 days prior to the estimated or desired ship date to Benefitting Partner. The JCP provides a commitment to provide SCOs no less than 30-day advance notice of upcoming deliveries. Depending on the Benefitting Partner’s clearance requirements the lead-time could be longer. Deliveries to the Benefitting Partner drive training and installation schedules. Proper lead-time must be factored in for solicitation and award timelines to transportation carriers, to allow carriers to meet all the Benefitting Partner specific requirements for cargo entry.

S333.6.10.8.5. Benefitting Partner training, equipment installation, and other requirements must be coordinated at least six months in advance to enable synchronized equipment deliveries in support of the training event.

S333.6.10.8.6. For any reason, Implementers seeking a TAC for any Continental United States (CONUS) and/or outside of the continental United States (OCONUS) transportation costs outside of the SCIP/SCMS SCN request tool should submit a non-standard request form to the following email address: usarmy.belvoir.usasac.list.gte-trans-appvl-fund-req@army.mil. USASAC-WFO typically requires the Case ID, requisitions, MAPAC, shipping dimensions (e.g., length, width, height, weight), and a cost estimate. The JCP should not be contacted directly to request equipment deliveries or request for TAC codes, all requests must go to the USASAC-WFO email address.

S333.6.10.8.7. Transportation. Section 333 materiel is delivered to the Benefitting Partner via JCP arranged shipments, direct vendor arranged shipments, or shipments arranged by a freight forwarder (for Mexico only). Shipments are delivered by one of the following primary transportation modes:

Special Assigned Airlift Mission (SAAM) flights for arms, ammunitions, and explosives,
Commercial airlift for general cargo and limited non-standard weapons,
Surface (ocean vessel) for vehicles, large and oversized items (e.g., rolling stock).
Also, various items including hazardous material may be restricted from certain modes of shipment (e.g., certain types of lithium batteries).

S333.6.10.8.7.1. These restricted items will be shipped in accordance with the United States Transportation Command (USTRANSCOM) guidance, policies, and procedures. Requests for equipment delivery to the Benefitting Partner must be made through the respective CCMD, RA, and DSCA RPD after LOA development for inclusion on the Transportation Forecast schedule and to be eligible for JCP logistical support.

S333.6.10.8.7.2. Equipment Shipment Management. The CCMDs will use the U.S. Army Security Assistance Command (USASAC) produced Transportation Forecast spreadsheet to manage defense article deliveries. The CCMDs are responsible to ensure that the SCO Officers and Staff as appropriate are aware of incoming shipments and have the necessary documents to clear customs and other relevant documents. The CCMDs need to provide assistance as appropriate for the ground movement of articles to their final destination. The CCMDs will also ensure that the SCOs know what congressionally approved unit is to receive the defense articles. SCOs are responsible for preparing the receipt and title transfer documents and the CCMDs will provide support as appropriate.

S333.6.10.8.7.3. Transportation Charges. Additional reference information for selecting the correct Delivery Term Code (DTC) is found below.

S333.6.10.8.7.4. Transportation to Joint Consolidation Point. For items that are consolidated at the JCP, the IA must show DTC 2/7 on the BPC LOA. Below the line charges only apply to DTC 2, not to DTC 7 (in accordance with DSCA Policy Memorandum 20-47, this change only applies to LOAs implemented before 14 August 2020). The IA will inform their billing office to override the DTC rate calculation in DSAMS during case development to fund only transportation to the consolidation point at the time of delivery booking. The LOA must show the delivery address of the final destination, even if the equipment goes to a consolidation point first.

S333.6.10.8.7.5. Separate Transportation. If the DSCA RPD has agreed that a separate transportation case or a line will fund transportation of materiel to the Benefitting Partner, the IA should not include a transportation charge on the BPC LOA for this leg of transportation. The IA will include a case note that identifies the lines that will be transported via a separate case and provide, if possible, that case’s identification. This information will also be entered when the Transportation Bill Code (TBC) is selected. The requests for TAC should be addressed via the following email address: usarmy.belvoir.usasac.list.gte-trans-appvl-fund-req@mail.mil. The IA should not contact the JCP directly to request equipment deliveries or request TACs.

S333.6.10.8.7.6. An executable DTC, such as DTC 0 or 4 (shipping by the prime vendor) requires DSCA (Office of Business Operations, Financial Policy & Regional Execution Directorate, Financial Policy Division (OBO/FPRE/FP)) and DSCA (Office of Strategy, Plans, and Policy, Execution Policy and Analysis Directorate (SPP/EPA)) approval prior to developing the LOA. These are rarely used DTCs. The IA should consult DSCA (SPP/EPA) to approve prime vendor transportation requests prior to case development (see Section C15.3.10.4.3.).

S333.6.10.8.7.6.1. For Mexico only, the applicable DTC code is 5. This indicates a special approval to ship items to Mexico via their freight forwarder. The IA should consult the DSCA RPD when developing a case for Mexico deliveries.

S333.6.10.8.7.6.2. An executable DTC, such as DTC 7, is used to ship items directly to the Benefitting Partner. This includes Arms, Ammunition, & Explosives (AA&E).

S333.6.10.8.7.6.3. There may be limited instances based on the transportation plan where DTC 9 (port of debarkation (POD)) is more appropriate for the Benefitting Partner. The IA should coordinate with the DSCA RPD if this is the case.

S333.6.10.8.8. In accordance with the procedures outlined in Section C15.5.8.2. Advance Notice of Delivery, the IA will provide advance delivery notification to DSCA and the SCO at least 30 to 45 days prior to anticipated delivery to ensure SCO and the Benefitting Partner are prepared to receive the material and advise about the material handling requirements at airport and destination, and any blackout dates including holidays, weekends, and hours of arrival.

S333.6.10.8.9. Transportation Forecast Dashboard. The Section 333 transportation forecast can be found in SCIP/SCMS/JCP Home. The JCP and IA will manage delivery details for shipments via this web tool. The CCMDs and SCOs are responsible for reviewing the Transportation Forecast Dashboard and providing the JCP and IA with all necessary in-country or on-island requirements for shipment clearance. The CCMDs need to provide assistance, as appropriate, for the ground movement of articles to their final destination. The CCMDs may request a JCP DAT to assist with equipment delivery and transfer to the Benefitting Partner. The CCMDs will ensure that the SCOs see the relevant CN tables and know which Benefitting Partner unit was notified and approved to receive the equipment and training. Equipment may only be delivered, and training may only be provided to a Benefitting Partner unit that was included on the associated CN.

S333.6.10.9. Joint Consolidation Point. Current implemented transportation case(s) fund (within the period of availability) consolidation of material and onward shipment movement to the Benefitting Partner. All materiel going through the JCP must be received at least 30 days prior to the estimated ship date. Engagements and events, including but not limited to, training events and installation visits must be coordinated with the JCP, IA, CCMD, DSCA, and other stakeholders at least six months in advance to enable synchronized equipment deliveries in support of the training event. The JCP will work directly with the appointed USG official, usually the SCO, to make the necessary delivery arrangements.

S333.6.10.9.1. Pre-Shipment Coordination. The JCP, will coordinate the shipment delivery timelines based on the partner specific DoD Foreign Clearance Guide (FCG) (restricted access site). At least seven days prior to delivery, will provide the appointed USG official a Defense Department (DD) Form 1149 packet, which will include a list of EUM articles' serial numbers, a Handover Receipt Annex A (Delivery Marking Brief) and a tentative delivery date.

S333.6.10.9.2. Carrier and Shipping Agent. The JCP will provide the appointed USG official carrier and shipping agent contact information provided including name, phone number, and email addresses 18-20 days before delivery. The JCP will provide a delivery marking brief to the USG appointed official, including EUM skid's tamper proof seal and serial number(s) seven days prior to delivery. The Carrier/Shipping Agent will confirm aircraft departure one-two days prior to delivery and confirm aircraft arrival to the appointed USG official and JCP on the day of arrival.

S333.6.10.9.3. Local Coordination. The appointed USG official will coordinate with Airport/Police Security, the Benefitting Partner customs agent, contracted shipping agent, and partner military leadership for sufficient ground handling, transportation, and security from airport to final destination, and storage, as applicable, 18-20 days prior to delivery. In addition, the appointed USG official will coordinate for any assistance required from the JCP Delivery Assistance Team (DAT).

S333.6.10.9.4. Delivery Day Requirements. The appointed USG official will conduct a verification check to confirm skid count, no obvious signs of tampering, and will sign Form DD 1907 (Signature and Tally Record). The appointed USG official will provide for continuous monitoring of material from airport to final destination. The appointed USG official will ensure that EUM articles are delivered and secured per EUM requirements. The appointed USG official will provide a record of inventory and annotate any discrepancies to include photographic documentation no more than seven days after delivery.

S333.6.10.9.4.1. Receipt Inventory. The appointed USG representative, usually the SCO, on the day of delivery or day after delivery, will conduct an inventory of all articles received in the shipment. The USG representative will reconfirm any EUM skid's tamper proof seal is intact and serial number is correct and will conduct joint serial number inventory of EUM articles against advanced shipping documentation with the Benefitting Partner recipient unit representative, as applicable. The SCO will conduct a joint inventory inspection of remaining articles with the Benefitting Partner recipient unit representative. Verification of skid contents by external documentation is sufficient unless there is evidence of tampering or damage. The SCO will, for damaged or tamper evident skids, conduct a 100 percent inventory inspection of articles, then photograph and document any damage, discrepancies, or evidence of tampering.

S333.6.10.10. Material Delivery. With the support of the Implementer and/or JCP, the USG RAs must ensure SCOs are aware of incoming shipments and have the necessary documents to clear customs.

S333.6.10.10.1. The CCMDs should ensure SCOs review and understand the relevant CN tables and know which Benefitting Partner unit was notified and approved to receive the defense articles, training, services, supplies (including consumables), and small-scale construction associated with that program. This ensures equipment is delivered and training is provided only to a Benefitting Partner unit included in the CN. The USG RAs provide assistance, as appropriate, for the ground movement of articles to their final destination. Per the Section C15.5.4. Transportation and Delivery of Materiel and Services, the SCO will prepare the receipt and title transfer documents, and the USG RA will provide support as appropriate. USG RAs may request a DAT to assist with equipment delivery and transfer to the Benefitting Partner. The transportation process slides available on SCIP provide additional execution details.

S333.6.10.10.2. Upon DSCA (IOPS/REX/GCD’s) direction, the Army and the Navy will each establish a current year transportation case, to include a line for packing, crating, and handling (PC&H) services. The Air Force will request a TAC from the Army managed case to ship Air Force sourced defense articles or material on Section 333 cases, with the applicable DTC. The Army case will fund costs associated with consolidating materials at the DSCA-recognized JCP in Mechanicsburg, PA. The case will also fund the DAT services as required.

S333.6.10.10.3. Once the estimated shipment information is available, IAs will create a SCN in the Transportation Forecast schedule in SCIP/SCMS. The SCN will provide details to authorize the use of the TAC. This guidance is established to ensure that there is accountability for Section 333 defense articles and to provide advance shipping notification to the Benefitting Partner.

S333.6.10.11. Receipt of Goods and Services. Per the Section C15.5.4. Transportation and Delivery of Materiel and Services, the SCOs prepare the receipt and title transfer documents, and the CCMD will provide support as appropriate. The CCMD may request a DAT to assist with equipment delivery and transfer to Benefitting Partner. The transportation process slides available on SCIP provide additional execution details. Transfer documentation for materiel - posted in SCIP, JCP under the appropriate SCN. For training and services, SCO will confirm with the RPD when services and training are complete and provide any supporting documentation as evidence of completion.

S333.6.10.12. Title Transfer to Benefitting Partner.

S333.6.10.12.1. Title transfer procedures are outlined in Section C15.5.9.2. Advance Notice of Delivery all advance notice of delivery must include which unit will receive the materiel or service. The materiel shipment information must be attached to the notice.

S333.6.10.12.3. Title Transfer. In accordance with the procedures outlined in Sections C15.5.9.8. through C15.5.9.10., the SCOs prepare the receipt and title transfer documents and the CCMDs provide support as appropriate. The SCO will provide a copy of the signed Transfer and Receipt document to DSCA, IA, and the JCP, by uploading the document(s) to the respective SCN within SCIP/SCMS. The SCN will appear on other SCIP reports and be included on Congressional Notification-to-LOA crosswalks for easy cross-reference.

S333.6.10.13. Materiel may not be transferred to another unit without both prior DSCA and congressional approval. The IA must contact DSCA (IOPS/GCD) if the recipient unit expected to receive the equipment is not explicitly included within the applicable congressionally notified Section 333 program (see Re-Notification section).

S333.6.11. Section 333 Financial Execution.

S333.6.11.1. Undistributed Funds. Undistributed funds are funds originally designated for a specific program on the CN but have not been placed on a case or sent via direct funds transfer. These funds are still available to DoD in support of the specific notified program. If the program no longer needs the funds based on revised P&A or other execution factors, the CN program value is reduced, and those funds may fund other priority requirements upon approval.

S333.6.11.2. Direct Funds Transfers. DSCA (IOPS/GCD) will prepare and monitor Direct Funds transfer tracker during the periodic GTE teleconferences. DSCA (IOPS/GCD) will prepare Direct Funds transfer requests during the congressional tranche notification and have them ready for DSCA (OBO) processing and transfer when the program is approved by Congress.

S333.6.11.2.1. In the Direct Funds report, DSCA (IOPS/GCD) will track that the direct funds are transferred within 30 days after the congressional approval.

S333.6.12. DoD Section 333 Renotification. Any changes to the scope on the original Section 333 CN (e.g., increase in cost, addition of equipment, training, or adding another Benefitting Partner unit), requires congressional renotification.

S333.6.13. Reviews.

S333.6.13.1. Program Reviews. DSCA (IOPS/GCD) RPDs will conduct periodic program reviews with IAs, Program Offices, DSCA (SPP/RPPD), force providers, the USG RAs, SCOs, and other stakeholders. RPDs will conduct a minimum of one program management review (PMR) per FY in order to gauge an active program’s progression from obligation towards completion (final delivery). RPDs are encouraged to conduct reviews with stakeholders as often as plausible.

S333.6.13.2. The Congressional Notification to Letter of Offer and Acceptance Crosswalk. The CN to BPC LOA crosswalk is the primary tool for reviewing program execution status in detail. USASAC-WFO develops this crosswalk tables as soon as a tranche is congressionally notified in order to start populating the crosswalk with LOA information. USASAC-WFO manages the crosswalk for tri-service reporting of deliveries. IAs and other implementers are required to update the “Estimated Ship Date” field on the crosswalk in SCIP. The CCMDs and SCOs will review the crosswalk on a quarterly basis to ensure they remain current on upcoming deliveries.

S333.6.13.2.1. IAs will update the estimated ship date on the CN to LOA crosswalks. The USASAC-New Cumberland (USASAC-NC) team manage the CN to LOA crosswalks.

S333.6.13.3. Annual Reviews. DSCA RPDs will lead annual PMRs to provide review program execution status, address issues, and adjust Requested Delivery Dates. DSCA (IOPS/GCD) will also lead an annual PMR “hotwash” to review execution and best practices.

S333.6.14. Exception to Case Development Direct Funding to Alternate Department of Defense Executing Offices. Pursuant to 10 U.S.C. 382(b)(2), the Director, DSCA may designate responsibility to execute and administer SC programs to other DoD organizations to achieve maximum effectiveness, efficiency, and economy. DSCA approves exceptions to managing funding on BPC LOAs to allow direct funding under extremely limited circumstances, as this method of execution may impede the ability of the Director, DSCA to fulfill statutory oversight, execution, and reporting requirements. Under no circumstance will DSCA approve direct funding for requests to purchase Major Defense Equipment (MDE) or any other defense articles requiring Enhanced End Use Monitoring (EEUM).

S333.6.14.1. Designation of Responsibilities. The Director, DSCA will formally designate responsibility to Alternate Executing Offices through an MOU or memorandum of agreement (MOA). The memorandum will stipulate relevant funds distribution, program execution, and reporting requirements by which the designated Alternate Executing Office must abide. DSCA will determine which Section 333 programs are assigned to Alternate Executing Offices.

S333.6.14.2. Direct Funded Procurement Procedures.

S333.6.14.2.1. Prior to DSCA approving any requests of direct funded procurements, Congress must approve the program, and OUSD(C) must release approved program funds. The direct funds transfer to the recipient organization should occur within 30 days, as long as there are no other program holds.

S333.6.14.2.2. The recipient organization must accept the funds within 10 days of issuance and obligate in the recipient organization’s account within 30 days of issuance

S333.6.14.2.3. If the recipient organization does not accept and obligate the funds within its account, DSCA will cancel the funds as non-required.

S333.6.14.2.4. Direct funded procurements must be requested in accordance with DSCA Policy Memorandum 19-12 “Interim Clarification on Methods of Execution under 10 U.S.C. 333”.

S333.6.14.2.5. Direct funding procurement requests are an official memorandum signed by a Senior Executive Service (SES) Official of the receiving organization. The memorandum requesting direct funding must include the following information. DSCA will not approve incomplete requests.

Figure S333.F3. - Direct Funding Request Required Information

Required Information
Program Title & CCMD priority, Planning Order (PLANORD) name Amount & Funding Type Requested (i.e., one-year, two-year Operations and Maintenance (O&M) or Overseas Contingency Operations (OCO)) When funds are required and when the CCMD plans to obligate Justification for why direct funding is required and why no other execution method available to DSCA is appropriate (i.e., existing contract vehicle) Execution plan - timeline for when purchase and delivery will occur, to include period of performance, statement of work and/or a performance work statement, procurement agency, contract type (competitive/sole source, Indefinite Delivery Indefinite Quantity (IDIQ), etc.) A statement agreeing to provide to DSCA (IOPS/GCD) a status report of purchases and deliveries every two weeks, in accordance with DSCA (IOPS/GCD) reporting format. A statement agreeing to return all unobligated funds to DSCA no later than August 15 of the FY. A statement acknowledging that funding is only to be used for the purpose described in this request, that excess or residual funds may not be reallocated to other requirements, and that all excess or residual funds must immediately be returned to DSCA.

Required Information

Program Title & CCMD priority, Planning Order (PLANORD) name
Amount & Funding Type Requested (i.e., one-year, two-year Operations and Maintenance (O&M) or Overseas Contingency Operations (OCO))
When funds are required and when the CCMD plans to obligate
Justification for why direct funding is required and why no other execution method available to DSCA is appropriate (i.e., existing contract vehicle)
Execution plan - timeline for when purchase and delivery will occur, to include period of performance, statement of work and/or a performance work statement, procurement agency, contract type (competitive/sole source, Indefinite Delivery Indefinite Quantity (IDIQ), etc.)
A statement agreeing to provide to DSCA (IOPS/GCD) a status report of purchases and deliveries every two weeks, in accordance with DSCA (IOPS/GCD) reporting format.
A statement agreeing to return all unobligated funds to DSCA no later than August 15 of the FY.
A statement acknowledging that funding is only to be used for the purpose described in this request, that excess or residual funds may not be reallocated to other requirements, and that all excess or residual funds must immediately be returned to DSCA.

S333.6.14.2.6. Upon DSCA (IOPS/GCD) approval of the request and distribution of funds, the CCMD will:

Figure S333.F4. - Direct Funding Request Combatant Command Actions

Combatant Command Actions
Assume responsibility for ensuring compliance with all requirements under the Foreign Assistance Act (FAA), Arms Export Control Act (AECA), and International Traffic in Arms Regulations (ITAR) relating to the transfer of defense articles and defense services to the Benefitting Partner. Submit bi-weekly status reports to DSCA (IOPS/GCD) on the status of purchase and delivery. Participate in bi-weekly GTE Teleconference hosted by DSCA (IOPS/GCD). Update SCIP with copies of awarded contract, Form DD 250s/ DD Form 1149s, End Use Certificate (EUC), export licenses, confirmation of training completion (by unit and component), and any other required documents.

Combatant Command Actions

Assume responsibility for ensuring compliance with all requirements under the Foreign Assistance Act (FAA), Arms Export Control Act (AECA), and International Traffic in Arms Regulations (ITAR) relating to the transfer of defense articles and defense services to the Benefitting Partner.
Submit bi-weekly status reports to DSCA (IOPS/GCD) on the status of purchase and delivery.
Participate in bi-weekly GTE Teleconference hosted by DSCA (IOPS/GCD).
Update SCIP with copies of awarded contract, Form DD 250s/ DD Form 1149s, End Use Certificate (EUC), export licenses, confirmation of training completion (by unit and component), and any other required documents.

S333.6.14.2.7. S333.6.14.2.7. Exceptions to Direct Fund Procurement Memo: Other Agreements. An organization with either a fully executed Interagency Agreement (IAA), MOU or MOA does not need to provide a Direct Fund memo to DSCA detailing requirements for each FY.

S333.6.14.2.7.1. Interagency Implementers. Section 333 programs may include elements requiring the expertise of interagency partners where such expertise is not resident within DoD. In such cases, DSCA may execute a MOA, MOU, or IAA with another USG agency to provide equipment, training, or services under a Section 333 program in accordance with the Economy Act (31 U.S.C. 1535). IAAs will be completed in accordance with the Federal Acquisition Regulation (FAR) 17.502 and any other applicable policies or regulations. As of FY20, DSCA requires a General Terms and Conditions (GT&C) 7600A agreement through the Treasury Department G-Invoicing automated system to accompany all IAAs.

S333.6.14.2.7.2. As the requesting agency, DSCA will identify a servicing agency to satisfy requirements consistent with the congressionally notified and approved program(s). The general terms and conditions of each agreement will require servicing agencies to adhere to congressional reporting requirements and submit to DSCA information on the status of allocated funds to include unobligated funds, unliquidated obligations, and disbursements. Additional reporting requirements and timelines found in DSCA Policy Memo 19-22 “Update to Interim Clarification on 10 U.S.C. 333”, still apply to interagency implementers with a MOA, MOU, or IAA.

7. - Program Reporting Requirements

S333.7.1. U.S. law imposes numerous reporting requirements for security cooperation (SC) programs. Information on programs funded with Section 333 is included in all of the reports identified below. DSCA extracts relevant information from official systems of record in order to limit official Requests for Information (RFI). When required, Combatant Commands (CCMDs), Implementing Agencies (IAs) and non-traditional implementers must provide requested information as part of the report submission.

S333.7.2. Program Monitoring.

S333.7.2.1. The Requesting Authority (RA) must be adequately resourced and manned to perform the program oversight functions that come with delivering a new capability. Depending on design of the Significant Security Cooperation Initiative (SSCI), this may require USG RA, Service Component, and Security Cooperation Organization (SCO)-level involvement in all areas throughout the lifecycle of the program that are qualified to handle the required functions of successful program design, monitoring and delivery. Respective organizations should plan to ensure continuity for large projects that require three or more years from the year of implementation to complete. Manpower resources should be adequately planned, programmed, and budgeted for the lifecycle of the programs.

S333.7.2.2. The USG RAs assist with program execution, must follow the processes set forth below to monitor Section 333 programs.

S333.7.3. Formal Program Reviews.

S333.7.3.1. DSCA conducts the following program reviews to synchronize and review 333 program execution:

Program management reviews (PMRs) - hosted by DSCA Regional Portfolio Directors (RPDs) with USG RA, IAs, Department of State (State), DSCA Country Portfolio Director (CPD), and DSCA (Office of Strategy, Plans, and Policy, Regional Program Planning and Design Division (SPP/RPPD)) participation. Schedules vary by USG RA and based on Assessment, Monitoring, and Evaluation (AM&E) scheduled trips.
USG RA specific program reviews, such as the Baltics Integrated Air and Missile Defense (IAMD) program - held on ad hoc basis that vary by USG RA.
Mid-Year PMR - two per year in the first half of the fiscal year to review programs in order to capture undistributed and residual funds.
Section 333 Program Hotwash - annual event held in October.

S333.7.4. Section 333 Quarterly Report. DSCA is legally required to submit a Section 333 Quarterly Report to Congress. DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) is the Office of Primary Responsibility (OPR) for this report, and is responsible for data collection, data validation, report creation, report review, and submission to Congress. The report includes information about the delivery and execution status of all defense articles, training, defense services and supplies (including consumables), and small-scale construction. The report must include information on the timeliness of those deliveries compared to the delivery schedule included in the original Congressional Notification (CN). The report must also include information about the status of funds for allocated programs, including amounts of unobligated funds, unliquidated obligations, and disbursements. The Section 333 report is the official program report for congressional committees to evaluate the efficiency and effectiveness of the Section 333 authority. Quarterly reports must be accurate and reflect any deviation from the original CN.

S333.7.4.1. The Director, DSCA, will on a quarterly basis, submit to the appropriate committees of Congress a report setting forth, for the preceding calendar quarter, the following:

S333.7.4.1.1. Information, by recipient partner, of the delivery and execution status of all defense articles, training, defense services, supplies (including consumables), and small-scale construction under programs under S333.1.1.

S333.7.4.1.2. Information on the timeliness of delivery of defense articles, defense services, supplies (including consumables), and small-scale construction when compared with delivery schedules for such articles, services, supplies, and construction previously provided to Congress.

S333.7.4.1.3. Information, by recipient partner, on the status of funds allocated for programs under S333.1.1., including amounts of unobligated funds, unliquidated obligations, and disbursements.

S333.7.4.1.4. The House Appropriations Committee (D) remains interested in Army Security Force Assistance Brigade deployments and directs that any CN made pursuant to 10 U.S.C. 333 include a description of the number of individuals deployed and the training they are involved in; the amount, type, and purpose of the training and equipment to be provided to the recipient partner’s security forces; the timeline and source of funds; and how the proposed program fits into the overall SC goals of the brigade or partner.

S333.7.5. Responsibilities:

S333.7.5.1. Defense Security Cooperation Agency, Office of International Operations, Regional Execution Directorate, Global Capability Development Division. DSCA (IOPS/GCD) builds and updates the report as new tranches are notified. DSCA (IOPS/GCD) serves as the OPR for the report creation process. Staff package in coordination with other stakeholders: DSCA (Office of International Operations, (IOPS), Office of Business Operations (OBO), Office of Strategy, Plans, and Policy (SPP), Front Office, Strategic Outreach Directorate (FO/STO), Front Office, Office of the General Counsel (FO/OGC)), OSD: (for Policy (P), for Legislative Affairs (LA)), State (Bureau of Political-Military Affairs, Office of Security Assistance (PM/SA)), and the Defense Threat Reduction Agency (DTRA).

S333.7.5.2. DSCA, Office of Business Operations. DSCA (OBO) provides and validates financial data call for all applicable programs.

S333.7.5.3. Issue a Joint Staff Action Process (JSAP) data call within three days for delivery and execution information of CCMDs after receiving request from DSCA (IOPS/GCD).

S333.7.5.4. The CCMDS provide delivery information of Defense Articles/Training/Services/Small Scale Construction for all applicable programs in accordance with the JSAP request.

S333.7.5.5. Implementing Agency. The IAs provide current program information on the status of deliveries for Defense Articles/Training/Services/Small Scale Construction to the DSCA point of contact (POC) (usually the DSCA (RPD) on request.

S333.7.5.6. Defense Threat Reduction Agency. DTRA provides the financial and delivery data of all Countering Weapons of Mass Destruction (CWMD) programs under Section 333 within the suspense date.

S333.7.5.7. Defense Security Cooperation Agency, Defense Security Cooperation University, Defense Institute of International Legal Studies. Provides the Human Rights (HR) training data in every applicable Section 333 program within the suspense date.

S333.7.6. Foreign Military Training Report. All training conducted under Section 333 is subject to inclusion in the annual Foreign Military Training Report (FMTR). See Section C10.21.2. for more information.

S333.7.7. 386 Annual Report Requirements. Section 333 program data is subject to inclusion into the annual Section 386 report due no later than January 31 of each year. The Section 386 Report requires DoD submit an annual report to Congress that details, on a partner-by-partner basis, a description of each DoD program that provides training, equipment, or other assistance or reimbursement during the previous fiscal year. The report must include a description of the purpose, duration, type of training, equipment, assistance and reimbursement, how the reimbursement advance the theater security cooperation strategy, cost and expenditures, a description of the metrics used for assessing the effectiveness of the program, a description of the extent of the participation of Benefitting Partner forces, and the number of U.S. forces involved in providing the assistance. (See 10 U.S.C. 386)

S333.7.8. Office of National Drug Control Policy Report. Section 333 program data related to counterdrug efforts is subject to inclusion in the annual Office of National Drug Control Policy (ONDCP) report. The annual ONDCP report must include all programs funded in support of Counter-Illicit Drug Trafficking (CIDT) operations. This requires DSCA to report funding and supply a performance summary in the fiscal year of reporting that provides a measure of performance and effectiveness for CIDT programs evaluated in that fiscal year, regardless of which fiscal year appropriations were applied. It also requires an overview of the AM&E framework for CIDT programs.

S333.7.9. Financial Reports.

S333.7.9.1. DSCA automatically pulls financial reports from official systems of record. System constraints currently render DSCA unable to include direct-funded actions in automated financial reports. Direct funding is only authorized on a by-exception basis in order to ensure all reporting requirements are met as accurately as possible. Reports include:

Section 381(b) financial reports (quarterly)
ForeignAssistance.gov reports (quarterly)
Section 655 report (annual)
Other DSCA sales reports

8. - Program Legislation and Authorities

Section 333 - Foreign Security Forces: Authority to Build Capacity.

Program Code	Program Authority	Purpose	Fund Source (DoD or FAA Sec 632(b) MOA)	Appropriation Authority	Appropriation Account	Funds Availability Ends on September 30 ^{Unless Otherwise Noted}	Funds Cancel on September 30
7C	10 U.S.C. Sec. 333	Build the capacity of foreign security forces per the functional capabilities listed in 10 USC Section 333	97 17/18 0100	P.L. 115-31 FY17	FY17/18 (2 year OCO)	2018	2023
7D			97 17/18 0100	P.L. 115-31 FY17	FY17/18 (2 year Base O&M)	2018	2023
7F			97 18/19 0100	P.L. 115-141 FY18	FY18/19 (2 Year Base O&M)	2019	2024
7L			97 18/19 0100	P.L. 115-141 FY18	FY18/19 (2 year OCO)	2019	2024
7M			97 18 0100	P.L. 115-141 FY18	FY18 (1 Year Base O&M)	2018	2023
QC			97 19 0100	P.L. 115-245 FY19	FY19 (1 Year Base O&M)	2019	2024
QD			97 19/20 0100	P.L. 115-245 FY19	FY 19/20 (2 Year Base O&M)	2020	2025
QE			97 19/20 0100	P.L. 115-245 FY19	FY 19/20 (2 Year OCO)	2020	2025
7G			97 20 0100	P.L. 116-93 FY20	FY20 (1 Year Base)	2020	2025
7K			97 20/21 0100	P.L. 116-93 FY20	FY 20/21 (2 Year Base O&M)	2021	2026
DB			97 20/21 0100	P.L. 116-93 FY20	FY 20/21 (2 Year OCO)	2021	2026
DV			97 21/22 0100	P.L. 116-260 FY21	FY 2021/2022 (2-Year O&M)	2022	2027
DW			97 21/22 0100	P.L. 116-260 FY21	FY 2021/2022 (2-Year OCO)	2022	2027
NV			97 22/23 0100	P.L. 117-103 FY22	FY 2022/2023 (2-Year Base)	2023	2028
PD			97 22/23 0100	P.L. 117-103 FY22	FY 2022/2023 (2-Year O&M)	2023	2028
NM			97 22 100	P.L. 117-103 FY22	FY 2022 (1-Year O&M)	2022	2027
DT			97 23/24 0100	P.L. 117-328 FY23	FY 2023/2024 (2-Year O&M)	2024	2029
PB			97 24/25 0100	P.L. 118-42 FY24	FY 2024/2025 (2-year O&M)	2025	2030
ZB			97 XX/XX 0100	Yearly Appropriation Public Laws	FYXX/XX (Two-Year O&M)	Fiscal year after appropriation authority	Five years after period of availability ends
ZB			97 25/26 0100	H.R. 9747	FY25/26 (Two-Year O&M)	December 20, 2024	FY30
ZC			97 XX/XX 0100	Yearly Appropriation Public Laws	FYXX/XX (Two-Year O&M)	Fiscal year after appropriation authority	Five years after period of availability ends
ZC			97 25/26 0100	H.R. 9747	FY25/26 (Two-Year O&M)	December 20, 2024	FY30
ZD			97 XX/XX 0100	Yearly Appropriation Public Laws	FYXX/XX (Two-Year O&M)	Fiscal year after appropriation authority	Five years after period of availability ends
ZE			97 XX/XX 0100	Yearly Appropriation Public Laws	FYXX/XX (Two-Year O&M)	Fiscal year after appropriation authority	Five years after period of availability ends

9. - Program Additional Information

S333.9.1. N/A