Section 335 - Payment of Personnel Expenses Necessary for Participation in Training Program Conducted by Colombia Under the United States-Colombia Action Plan for Regional Security
S335
SC
No
Permanent
United States Southern Command (USSOUTHCOM)
Personnel Expenses to Include:
- Training Supplies (expendable)
- Travel
- Subsistence
Section | Title |
|---|---|
S335.1. | |
S335.2. | |
S335.3. | |
S335.4. | |
S335.5. | |
S335.6. | |
S335.7. | |
S335.8. | |
S335.9. |
S335.1.1. 10 U.S.C. 335 (Section 335) provides DoD authority to pay for the expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary of Defense (SECDEF) considers necessary for participation in the training program conducted by Colombia under the United States-Colombia Action Plan (USCAP) for Regional Security.
S335.1.2. Partner Eligibility. Benefitting Partners may be denoted as either a developing country or other than a developing country, and also denoted as a friendly foreign government. For Benefitting Partners considered developing and friendly, defense personnel are eligible, and other personnel are eligible with the concurrence of the Secretary of State (SECSTATE). Personnel from Benefitting Partners not considered developing countries require SECDEF determination that there is a necessity to respond to extraordinary circumstances and U.S. national security interests are being met.
S335.2.1. DSCA provides funding to the United States Southern Command (USSOUTHCOM) for program execution in support of Benefitting Partner participation in training activities conducted by the Government of Colombia under the United States-Colombia Action Plan (USCAP).
S335.2.2. In accordance with the orders placed by DSCA, and within the funding ceiling specified in the relevant Congressional Notification (CN), USSOUTHCOM provides payment for those expenses outlined in Section 335 for personnel of foreign countries, identified as Benefitting Partners by DoD.
S335.2.3. DSCA provides funding for Section 335 via the Defense Agencies Initiative (DAI) System. Expenditure of funds may not exceed the amounts specified in the relevant CN.
S335.2.3.1. Funding Restrictions. Funds cannot be expended to pay for or offset the salary or other personnel costs of any USSOUTHCOM employee. Funds cannot be expended to pay for the expenses of acquiring medical insurance or medical care for participating personnel. Benefitting Partners receiving the training must ensure the personnel have medical insurance for the duration of travel and training and are responsible for all medical costs, and the USG will not be involved in any disputes between the government and institutions of Colombia and the Benefitting Partners.
S335.2.3.2. Training Policies.
S335.2.3.2.1. Local Security Screening. Any unit or individual in receipt of assistance must undergo local security screening in accordance with the guidance established in Section C10.8.3.1.
S335.2.3.2.2. Vetting. Any unit or individual benefitting from Section 335 to attend Colombian training must complete Leahy Vetting, following guidance outlined in Section C10.8.4.
S335.2.3.2.2.1. If any individual or unit is found ineligible, USSOUTHCOM will notify DSCA.
S335.2.3.2.2.2. The provision of Section 335 assistance will be subject to the provisions of 10 U.S.C. 362 (DoD Leahy Law).
S335.2.3.2.3. Medical Screening. All Section 335 personnel should be medically screened in accordance with standards established by the Government of Colombia for entry into their territory and participation in training to ensure their successful completion of a course.
S335.2.3.2.4. Unauthorized Leave. If any Section 335 personnel are declared absent without leave (AWOL) at any point during or following training, USSOUTHCOM will submit a report to DSCA for awareness.
S335.3.1. Department of State. The Department of State, Bureau of Political Military Affairs (State /PM) reviews and obtains concurrence of the Secretary of State (SECSTATE) to conduct an authorized 10 U.S.C. 335 (Section 335) program prior to notification to the appropriate congressional committees when DoD plans to provide assistance to non-defense personnel of a friendly foreign government and nongovernmental personnel.
S335.3.2. United States Southern Command. The United States Southern Command (USSOUTHCOM) manages program planning, execution, and provision of data to DSCA for reporting and auditing requirements.
S335.3.2.1. USSOUTHCOM must provide DSCA a proposed list of Benefitting Partners, number of personnel, and estimated cost to support their participation in training activities conducted by the Government of Colombia. After Congressional Notification (CN), USSOUTHCOM must stay within the notified amount per Benefitting Partner and inform DSCA prior to deviation from the most recent relevant CN.
S335.3.2.2. USSOUTHCOM must execute Section 335 program activities in accordance with the policies outlined in Section S335.2.3.1. and Section S335.2.3.2.
S335.3.3. Office of the Under Secretary of Defense for Policy. Office of the Under Secretary of Defense for Policy (OUSD(P)) Regional and Functional Offices provide oversight, guidance, and prioritization for programming.
S335.3.4. Defense Security Cooperation Agency. DSCA directs, administers, and provides DoD-wide guidance for the execution of Section 335 programming.
S335.3.4.1. DSCA (Office of Strategy Plans, and Policy, Regional Planning & Program Design Directorate). The Planner coordinates Section 335 concurrence with SECSTATE, provision of congressional notifications to Congress, and briefs congressional staff.
S335.3.4.2. DSCA (Office of International Operations, Global Capability Development Directorate). Acts as the point of contact at DSCA for the execution of Section 335.
S335.3.4.3. DSCA (Office of Business Operations, Comptroller Directorate). Acts as the point of contact at DSCA for financial reports. Will provide funding for Section 335 via the Defense Agencies Initiative (DAI) System.
S335.4.1. 10 U.S.C. 335 (Section 335) assistance must be identified (to include cost estimates), validated, and prioritized as part of the annual Significant Security Cooperation Initiative (SSCI) planning process. Once the SSCI is approved and successfully notified to Congress, the DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) coordinates the direct fund to the United States Southern Command (USSOUTHCOM) for Section 335 program execution.
S335.5.1. Fifteen (15) days before initiating any 10 U.S.C. 335 (Section 335) program, the Secretary of Defense (SECDEF) (via DSCA), with the concurrence of the Secretary of State (SECSTATE), when necessary, submits to the appropriate committees of Congress a written and electronic notice that addresses all the following elements:
S335.5.1.1. Identification of the Benefitting Partner.
S335.5.1.1.1. If a Benefitting Partner other than a developing country is proposed for Section 335 assistance, then the CN must explain that such assistance is necessary to respond to extraordinary circumstances and in the national security interest of the United States.
S335.5.1.2. Projected quantity of students per Benefitting Partner.
S335.5.1.2.1. If non-defense personnel of a friendly foreign government and/or nongovernmental personnel are provided assistance under Section 335, then the CN must explain that the SECSTATE has concurred on providing such assistance.
S335.5.1.3. Projected cost per Benefitting Partner.
S335.5.1.4. Specific Colombian training programs the personnel receiving Section 335 assistance are attending.
S335.6.1. Upon Congressional Notification (CN) of a tranche, the DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD)) will coordinate with the DSCA (Office of Business Operations, Comptroller Directorate (OBO/CMP) for the release of funds via the Defense Agencies Initiative (DAI) to the United States Southern Command (USSOUTHCOM).
S335.7.1. After Action Reports. The United States Southern Command (USSOUTHCOM) is required to provide DSCA (Office of International Operations, Global Capability Development Directorate (IOPS/GCD) with an after-action report no later than 30 days after the last day of any training course or course equivalent and include, at a minimum, data outlined in the 10 U.S.C. 386 (Section 386) annual report requirements. DSCA (IOPS/GCD) provides USSOUTHCOM the current template for the report as necessary.
S335.7.2. Quarterly Reports. No later than ten (10) calendar days after the end of each quarter, USSOUTHCOM must provide DSCA a report detailing obligations, expenditures, and status of efforts associated with the programs and activities conducted. DSCA uses this data to fulfill statutory congressional reporting requirements found in 10 U.S.C. Chapter 16.
S335.7.3. 10 U.S. Code 386 Annual Report Requirements. 10 U.S.C. 335 (Section 335) program data is subject to inclusion in the Section 386 annual report due no later than January 31 of each year. DoD submits this annual report to Congress, as required by Section 386, detailing each DoD program that provided training, equipment, other assistance, or reimbursement during the previous fiscal year. This report must describe each program on a partner-by-partner basis. For Section 335, the following information must be included (provided as Controlled Unclassified Information):
S335.7.3.1. The number of Benefitting Partner officials who participated in a training activity provided by the Government of Colombia that began during the period of the report and received Section 335 assistance
S335.7.3.2. The units of the defense personnel of the Benefitting Partner to which the Section 335 assistance was provided;
S335.7.3.3. The units of the Government of Colombia that conducted the training activity;
S335.7.3.4. The duration of the training activity provided by the Government of Colombia;
S335.7.3.5. A description of the objective of each training activity provided by the Government of Colombia.
S335.7.3.6. The total Department of Defense costs to fund expenses to attend training provided by the Government of Colombia that began during the period of the report.
S335 Legislation and Authorities
Legislation | Subject |
|---|---|
Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security |
S335.9.1. N/A