Sign In
  • Question

    Can I use NDAA Section 333 appropriations for this contract?


    Answer

    Title 10 US Code Section 333, has a number of limitations and requirements that must be satisfied before executing dollars appropriated (in an appropriation bill) for this purpose.  Within the respective Fiscal Year you are questioning (not provided in your question), that Appropriation Bill may have restrictions as well, so you must read that for whatever those limitations may be.

    With that said, here is the what the current law text states in regards to Section 333:

    (a)Authority.—The Secretary of Defense is authorized to conduct or support a program or programs to provide training and equipment to the national security forces of one or more foreign countries for the purpose of building the capacity of such forces to conduct one or more of the following:

                   (1) Counterterrorism operations.

                   (2) Counter-weapons of mass destruction operations.

                   (3) Counter-illicit drug trafficking operations.

                   (4) Counter-transnational organized crime operations.

                   (5) Maritime and border security operations.

                   (6) Military intelligence operations.

                   (7) Operations or activities that contribute to an international coalition operation that is determined by the Secretary to be in the national interest of the United States.

    (b)Concurrence and Coordination With Secretary of .—

                   (1)Concurrence in conduct of programs.—

                   The concurrence of the Secretary of State is required to conduct or support any program authorized by subsection (a).

                   (2)Joint development and planning of programs.—

                   The Secretary of Defense and the Secretary of State shall jointly develop and plan any program carried out pursuant to subsection (a). In developing and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary of Defense and Secretary of State should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impact the effectiveness of the program.

                   (3) Implementation of programs.—

                   The Secretary of Defense and the Secretary of State shall coordinate the implementation of any program under subsection (a). The Secretary of Defense and the Secretary of State shall each designate an individual responsible for program coordination under this paragraph at the lowest appropriate level in the Department concerned.

                   (4)Coordination in preparation of certain notices.—

                   Any notice required by this section to be submitted to the appropriate committees of Congress shall be prepared in coordination with the Secretary of State.

    There is more in the law that you can read here: https://www.law.cornell.edu/uscode/text/10/333

    As you can see from what subsection I provided here, there are limitations on what you can use the funds for, to include needing Secretary of Defense and Secretary of State concurrence to conduct any programs.  Given the multitude of factors involved with Section 333 funding, DAU highly recommends consulting with a Fiscal Law attorney before executing any of these funds to make sure you have complied with all the applicable rules and requirements that Congress has set on these funds.

    End of Answer

    Open full Question Details