Operational Law Handbook - Higgins Counterterrorism Research ...

cost” recovery when the services are incidental to DoD missions requirements. The regulation also authorizes pro rataand other cost sharing arrangements. See DoD 7000.14-R, vol. 11A, ch. 7.i. Emergency authorities also exist to permit the U.S. to provide essential assistance to foreign countrieswhen in the interest of U.S. security. See, e.g., 22 U.S.C. § 2364 (President may authorize assistance without regard toother limitations if he determines it will assist U.S. security interests, and notifies Congress; certain limitations stillapply).5. Summary of Security Assistance. The key point to remember about Security Assistance is that the StateDepartment provides the overall policy guidance even though U.S. military agencies administer many of the individualprograms. Security assistance is a foreign policy tool employed by the Administration and Congress, and thus programs,funding, and eligible recipients will frequently change as political realities change. Security Assistance must be fundedwith State Department’s Annual Foreign Operations Appropriations, commonly referred to as Title 22 money. Finally, asis evident from the discussion above, the U.S. military plays a role in administering the various security assistanceprograms. The baseline rule is that although DoD may be authorized to conduct an activity under Title 22, it may not useTitle 10 money to fund its role in these programs. If, however, it does expend Title 10 funds, as for example under aPresidential Drawdown, then it should seek reimbursement from DoS under the appropriate authority in the form of Title22 money or the annual Foreign Operations Appropriations Act (FOAA).E. DEVELOPMENT ASSISTANCE PROGRAMS1. This section will provide a very brief description of the State Department’s Developmental Assistanceprograms, as depicted in the second pillar of the diagram at Section VIII.B.1.a.3). Although the U.S. military has arelatively minor and infrequent role in most of these programs, it plays a key role in the provision of Foreign DisasterRelief. Again, the legal authority to conduct these programs emanates from the FAA, funding flows from the Departmentof State’s annual Foreign Operations Appropriations, and the policy supervision also rests with Department of State.2. General. The State Department supervises and conducts a large number of activities authorized by Part I ofthe FAA designed to strengthen the socio-economic well being of the civilian population. There are too many activitiesto list them all, but a partial list of the primary programs will provide the reader with a flavor for the wide range ofobjectives envisioned by this legislation. The activities under the Development Assistance program include, but are notlimited to:Agriculture Trade credit Overseas Private Investment Corp.Rural development Endangered species Disadvantaged children in AsiaNutrition Shale development Famine preventionPopulation control & health Tropical forests Disaster AssistanceEducation Human rights International Narcotics ControlEnergy Housing guarantees Loan guaranteesCooperativesCentral America Democracy, Peace & DevelopmentIntegration of women into the economy Protection of the environment & natural resourcesEconomic & Democratic Development for the Independent States of the Former Soviet Union3. Military Role. The military’s role in the provision of development assistance through the FAA is relativelylimited when compared to its role in the provision of security assistance. Nevertheless, from time to time, agenciescharged with the primary responsibility to carry out activities under this authority, call upon the U.S. military to renderassistance. An example of participation by the U.S. military would be action taken in response to a request for disasterassistance from the Office for Foreign Disaster Assistance (OFDA). OFDA often asks the U.S. military for help inresponding to natural and man-made disasters overseas. Key point: generally, costs incurred by the U.S. military pursuantto performing missions requested by other federal agencies under the FAA, Development Assistance provisions, must bereimbursed to the military pursuant to FAA § 632 or pursuant to an order under the Economy Act.Chapter 12Fiscal Law220