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Security Assistance Management Manual (SAMM), E-Change 206
Change Chapter 15, C15.2.2.2. to read as follows:
C15.2.2.2.
Non-DoD Appropriation Timelines.
DSCA receives funds for BPC programs from non-DoD agencies in accordance with various transfer authorities and subject to varying appropriation timelines. Non-DoD funds generally have a one- or two-year initial period of availability specified by law. When used in support of a BPC program, the funds are obligated by the Funding Authority upon final signature of an
FAA Section 632(b) Memorandum of Agreement (MOA)
with DSCA. Once the funds have been properly obligated in this manner during their initial period of availability, the funds are available for execution by the IA in accordance with timelines specified in the appropriation legislation.
C15.2.2.2.1.
DoS Appropriations Available in Fiscal Year (FY) 2012 and Future Years.
Beginning with certain DoS funds available in Fiscal Year (FY) 2012 (e.g., PKO, International Narcotics Control and Law Enforcement (INCLE), and PCCF), DSCA will apply an authority pursuant to
Section 511 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act (FOAA) (P.L. 108-447)
and subsequent appropriations that provides a four-year deobligation and reobligation period after the appropriation's initial period of availability; during this four-year period, DoS may deobligate funds that were obligated in the initial period of availability and reobligate them for new purposes (within Congressionally notified scope). DoS will inform DSCA of their requirement to deobligate funds by proposing an Amendment to the
FAA Section 632(b) Memorandum of Agreement
which originally transferred the funds. When provided to the IA, the funds are available for obligation by the IA until the end of the four-year deobligation/reobligation period. After this period ends, the funds remain available for an additional five years only for adjustment or disbursement against obligations entered during the initial period of availability and the deobligation/ reobligation period; no new obligations or changes in scope are allowed. On September 30th, nine years after the end of the initial period of availability, the funds cancel and are no longer available for any purpose.
C15.2.2.2.2.
Other Appropriations.
DoS appropriations which expired prior to and at the end of FY11 are generally considered available until expended. IAs should consult
Table C15.T2.
for availability dates applicable to these funds and to other non-DoD funds that are provided in support of BPC programs.
Change the line entries for PCCF, PKO and GPOI, and Other Non-DoD Programs in Chapter 15, C15.T2. to read as follows:
| Program |
Program Code |
Program Authority |
Purpose |
Fund Source (DoD or FAA Sec 632(b) MOA) |
Appropriation Authority |
Funds Availability Ends on September 30 |
Funds Cancel on September 30 |
PCCF |
G4 |
P.L. 111-32 |
Build and maintain the counterinsurgency capability of Pakistan's military and Frontier Corps |
21 9/11 2395 |
P.L. 111-32 | FY09
2011 |
2016 |
G9 |
P.L. 111-73 |
FAA 632(b) MOA 2/3/2011, 1911_1210830000 |
P.L. 111-242 FY11 |
2016 |
2021 |
| PKO and GPOI |
S4 |
FAA Section 551 (22 U.S.C. Section 2348)
|
Build international peacekeeping capacity and promote regional security operations |
FAA Sec 632(b) MOA and Amendments (Use appropriation on MOA provided) |
P.L. 108-447 | FY05
N/A |
N/A |
P.L. 109-102 and P.L. 109-234 FY06 |
P.L. 110-5 FY07 |
P.L. 110-92 and P.L. 110-161 FY08 |
P.L. 110-329 FY09 |
P.L. 111-117 FY10 |
P.L. 112-10 FY11 |
Other non-DoD Programs |
S4 |
Various (provided by the DSCA Program Manager) |
FAA Sec 632(b) MOA and Amendments (Use appropriation on MOA provided) |
Various (FY11 and prior year appropriations) |
Pursuant to authorities contained in annual Appropriations Acts |
Change Chapter 15, C15.2.6. to read as follows:
C15.2.6.
Memorandum of Request (MOR).
The Requesting Authority, in accordance with its internal procedures, finalizes and submits an MOR to the IA with a copy to the DSCA Program Manager and CPD. MORs must be submitted in unclassified communication channels so they are accessible to all stakeholders; formats vary according to the program.
See Table C15.T4.
for a list of MOR information. Section 1206 Program MORs (referred to as proposals) are first submitted to OUSD(P), which forwards them to DSCA and other organizations for review in accordance with
DoD Instruction 5111.19.
Requesting Authorities should submit completed MORs no later than the first quarter of the fiscal year to allow adequate time for case development and funds obligation. After receiving a completed MOR, the IA should develop and implement supporting BPC cases within 75 days.
See Table C5.T6, for Group D.
C15.2.6.1.
Memorandum of Agreement (MOA).
Programs executed with funds transferred to DSCA pursuant to a
FAA Section 632(b) MOA
may convey MOR information within the MOA at the time the program is funded, as an appendix to the MOA, or within a separate document. An example of an
FAA Section 632(b) MOA
in which funds for the GPOI under the PKO appropriation are transferred and project requirement information is specified is shown in
See Table C15.F1.
Similar language is used for transfer of other non-DoD funds.
Insert in Chapter 15, Figure C15.F1:
Figure C15.F1. Example FAA Section 632(b) Memorandum of Agreement (MOA)
Change Chapter 15, C15.2.7.1. and C15.2.7.2. to read as follows:
C15.2.7.1.
DoD-Funded Programs.
The DoD Requesting Authority initiates the Congressional Notification process by submitting proposals/requirements to OSD. OUSD(C) or OUSD(P) coordinates the notification packages with DSCA, DoS, and OSD Legislative Affairs before they are submitted to the Secretary of Defense (as required) and then to Congress for the required notification period. BPC program funds may be notified annually or may be notified in multiple tranches during the fiscal year. The level of detail required for each Congressional Notification varies. Once the notification period expires and no Congressional holds remain, OUSD(C) authorizes release of funds to the appropriate DoD comptroller office for use in support of BPC programs.
C15.2.7.2.
Non-DoD-Funded Programs.
USG departments and agencies that fund BPC programs are responsible for preparing and submitting Congressional Notification and/or approval packages based on program requirements. For example, DoS(PM) submits the PKO Congressional Notification and is responsible for obtaining necessary congressional approvals. Only after any required notification and waiting period is complete will DSCA accept funds from a non-DoD agency using an
FAA Section 632(b) MOA.
See Figure C15.F1.
Change Chapter 15, C15.3.4. to read as follows:
C15.3.4.
Period of Performance for Services.
The allowable period of performance for services funded under a BPC case is subject to time limitations provided in the DoD FMR and in authorizing legislation. 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 period of performance for services. The IA will make its best efforts to perform services in compliance with the Funding Authority's required delivery date (RDD) or period of performance.
Change Chapter 15, C15.3.4.1.1. to read as follows:
C15.3.4.1.1.
Severable contractor services are generally performed within the year of funds availability. However, under
10 U.S.C. 2410a,
the period of performance for severable contract services entered into by a DoD component must begin during the period of funds availability and may end in the subsequent year, provided the contract period does not exceed 12 months (absent other legal authority). The contract period is limited to 12 months even if the funds availability period has not ended (e.g., during a four-year deobligation/reobligation period for PKO funds, severable service contracts might end before the funds period of availability). Option years on a contract are treated as new contracts.
Change Chapter 15, C15.3.4.2. to read as follows:
C15.3.4.2.
Government-sourced Services.
The IA may use current year BPC funds to pay for training and services to be executed by U.S. Government sources, such as U.S. Government civilian and military personnel, as long as the funds are fully obligated prior to their expiration (unless programs are specifically authorized to continue by legislation).
See Section C15.5.2.
This generally requires that civilian and military personnel funded under a BPC case must cease program-related activities no later than the end of the period of funds availability. Government-sourced services may be funded and performed for multiple fiscal years if BPC case funds remain available.
Change Chapter 15, C15.4.3.2. to read as follows:
C15.4.3.2.
Non-DoD Appropriations.
The signed
FAA Section 632(b) MOA
serves as documentation to transfer funding from non-DoD Funding Authorities into the FMS Trust Fund. A copy of the signed FAA Section 632(b) MOA will be attached to each funded LOA document, to include LOA Amendments and Modifications.
See Figure C15.F1.
C15.4.3.2.1.
Signature of the FAA Section 632(b) MOA.
When a draft
FAA Section 632(b) MOA
is received from a non-DoD Funding Authority, the DSCA Program Manager or CPD will obtain coordination from the DSCA General Counsel, Strategy and Business Operations Directorates before submitting the
FAA Section 632(b) MOA
for DSCA Director signature. Upon final signature on the MOA, the funds are considered obligated by the Funding Authority. The Program Manager or CPD immediately records the
FAA Section 632(b) MOA
in the Security Cooperation Management Suite (SCMS) of the Security Cooperation Information Portal (SCIP) and uploads a .pdf version of the signed document. The Program Manager or CPD notifies the Funding Authority and the DSCA CFD that the
FAA Section 632(b) MOA
has been signed.
C15.4.3.2.2.
Funds Collection.
DSCA (Business Operations Directorate) notifies DFAS of incoming funds after an
FAA Section 632(b) MOA
has been signed and confirms that an account is established within the FMS Trust Fund to hold the BPC program funds. A single
FAA Section 632(b) MOA
may provide funding for multiple BPC cases. Each BPC case will be funded by a single MOA and any associated Amendments.
C15.4.3.2.3.
FAA Section 632(b) MOA Amendments.
A signed
FAA Section 632(b) MOA
may be amended by joint agreement between DSCA and the Funding Authority during the initial period of funds availability or during a deobligation/reobligation period. Amendments to increase funding on an
FAA Section 632(b) MOA
will cite the same fiscal year appropriation that originally funded the
FAA Section 632(b) MOA
(i.e., funds from more than one fiscal year may not be combined on a single FAA Section 632(b) MOA). Amendments that adjust funding amounts or allocations constitute a deobligation and/or reobligation of funds by the Funding Authority. If a new
FAA Section 632(b) MOA
is signed using funds that were deobligated from an existing
FAA Section 632(b) MOA,
the reobligated funds retain the characteristics, availability and timeline associated with their appropriation (i.e., the funds availability for IA obligation will end in accordance with the data reflected in
Table C15.T2.).
Change Chapter 15, C15.5.2. to read as follows:
C15.5.2.
Funds Obligation.
The IA should begin case execution, funds obligation and funds reconciliation immediately following case Implementation. The IA will obligate both DoD and non-DoD appropriations in accordance with the rules described in
DoD FMR, Volume 3, Chapter 8,
prior to the date upon which the funds availability ends, as provided in
Table C15.T2.).
The IA and the procuring organization must recognize the funds' expiring/canceling timeline even though case financial documents will indicate the FMS Trust Fund cite (97 X 8242).
See Section C15.3.8.3.1.
for specific guidance on handling BPC case funds offered under a CR Appropriation.
Change Chapter 15, C15.5.4. to read as follows:
C15.5.4.
Transportation and Delivery of Materiel and Services.
The IA has overall responsibility for transportation and delivery of BPC case materiel and services. The IA will make its best efforts to deliver BPC equipment and training/services within 12 months of case implementation or prior to the RDD, whichever is later.
FAA Section 632(b) MOA
documents may specify an RDD (referred to as the end of the period of performance) that is earlier than the end of the funds availability period (e.g., the
FAA Section 632(b) MOA
for PCCF (G9) specifies a period of performance that extends only through FY14, though the funds remain available through FY16). The IA will ensure that transportation requirements and schedules are communicated appropriately to the procuring activity and the SCO. The SCO will provide shipping documents (e.g., bills of lading or manifests) to the Benefitting Country representative so that materiel off-load, Customs clearance, security, staging, storage, onward movement and integration can be arranged. The IA will confirm that the SCO and Benefitting Country are ready to receive the materiel before delivery and proper arrangements have been made to receive and move the cargo to a secure location.
Add the "Fund Source and Availability" note to the SAMM, Appendix 6:
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Note Usage
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Mandatory for all BPC LOAs implemented on or after January 10, 2013.
Mandatory for Amendments and Modifications associated with Basic BPC LOAs implemented on or after January 10, 2013. BPC LOAs, Amendments, and Modifications implemented prior to January 10, 2013 will retain their original note structure.
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References
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Use with data from Table C15.T2.
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Note Input Responsibility
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CWD
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Note Text
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"Funds are provided in support of authority to [insert Purpose].
- The funds are subject to all the requirements and restrictions specified under [insert Program Authority and, if different, Appropriation Authority]
- The funds carry the time, purpose, and availability restrictions associated with fund source [insert Fund Source].
- (for funds that cancel) "Funds not obligated within the period of availability ending on [insert Funds Availability End date] will be rendered unavailable for new obligations unless a subsequent authority extends the period of availability. Funds will cancel at midnight on [insert Funds Cancel date]."
- (for funds that do not cancel) "Funds are available for an indefinite period."
- This is the only source of funding for costs associated with this LOA and funds are limited to the total estimated cost of this LOA. Neither DSCA nor the IA has other funds legally available to them for this requirement or for any costs that exceed the value of this LOA."
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Change the Note Usage of the "Funds Expiration, Purpose, Availability and Amount" notes in the SAMM, Appendix 6, to read as follows:
Funds Expiration, Purpose, Availability and Amount - DoD
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Note Usage
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Mandatory for all BPC LOAs funded with DoD funds and implemented prior to January 10, 2013.
Mandatory for Amendments and Modifications associated with DoD-funded BPC LOA documents implemented prior to January 10, 2013.
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Funds Expiration, Purpose, Availability and Amount - Non-DoD
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Note Usage
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Mandatory for all BPC LOAs funded with non-DoD funds and implemented prior to January 10, 2013.
Mandatory for Amendments and Modifications associated with non-DoD-funded BPC LOA documents implemented prior to January 10, 2013.
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