Presidential Memorandum — Delegation of Authority Pursuant to Section 1236(b)(2) of the National Defense Authorization Act for Fiscal Year 2015
Memorandum for the Secretary of State, dated March 25, 2015
SUBJECT: Delegation of Authority Pursuant to Section 1236(b)(2) of the National Defense Authorization Act for Fiscal Year 2015
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:
I hereby delegate the functions and authorities vested in the President by section 1236(b)(2) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) (the “Act”) to the Secretary of State.
Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA
The Ruling Elite behind Obama continues to roll out their agenda DAY by DAY! We need to again get our team on the field! The entire liberty movement seems to have gone to sleep since the Ron Paul for President movement ended.
WE ARE ORGANIZING AN EMERGENCY MEETING VIA CONFERENCE CALL THIS EVENING, PLEASE INVITE YOUR FAMILY AND FRIENDS TO THIS IMPORTANT CALL!
10 pm EST TONIGHT, MARCH, 28, 2015
(B) an identification of such forces designated to receive such assistance; and
(C) the plan for re-training and re-building such forces; and
(2) the President submits to the appropriate congressional committees and leadership of the House of Representatives and Senate a report, in unclassified form with a classified annex as appropriate, that contains a description of how such assistance supports a larger regional strategy.
(c) Plan Elements.–The plan required in subsection (a)(1) shall include, at a minimum, a description of–
(1) the goals and objectives of assistance authorized under subsection (a);
(2) the concept of operations, timelines, and types of training, equipment, stipends, sustainment, and supplies to be provided;
(3) the roles and contributions of partner nations;
(4) the number and role of United States Armed Forces personnel involved;
(5) any additional military support and sustainment activities; and
(6) any other relevant details.
(d) Quarterly Progress Report.–Not later than 90 days after the date on which the Secretary of Defense submits the report required in subsection (b)(1), and every 30 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall provide the appropriate congressional committees and leadership of the House of Representatives and the Senate with a progress report. Such progress report shall, based on the most recent quarterly information, include a description of the following:
(1) Any updates to or changes in the plan, strategy, process, vetting requirements and process as described in subsection (e), and end-use monitoring mechanisms and procedures.
(2) A description of how attacks against United States or coalition personnel are being mitigated, statistics on any such attacks, including “green-on-blue” attacks.
(3) A description of the forces receiving assistance authorized under subsection (a).
(4) A description of the recruitment, throughput, and retention rates of recipients and equipment.
(5) A description of any misuse or loss of provided equipment and how such misuse or loss is being mitigated.
(6) An assessment of the operational effectiveness of the forces receiving assistance authorized under subsection (a).
(7) A description of sustainment support provided to the forces authorized under subsection (a).
(8) A list of projects to repair or renovate facilities authorized under subsection (a).
(9) A statement of the amount of funds expended during the period for which the report is submitted.
(10) An assessment of the effectiveness of the assistance authorized under subsection (a).
(e) Vetting.–The Secretary of Defense should ensure that prior to providing assistance to elements of any forces described in subsection (a) such elements are appropriately vetted, including at a minimum, by–
(1) conducting assessments of such elements for associations with terrorist groups or groups associated with the Government of Iran; and
(2) receiving commitments from such elements to promote respect for human rights and the rule of law.
(f) Definition.–In this section, the term “appropriate congressional committees” means–
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(g) Funding.–Of the amounts authorized to be appropriated in this Act for Overseas Contingency Operations in title XV for fiscal year 2015, there are authorized to be appropriated $1,618,000,000 to carry out this section. Amounts authorized to be appropriated under this subsection are authorized to remain available until September 30, 2016.
(h) Authority to Accept Contributions.–The Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq, to provide assistance authorized under subsection (a). Any funds accepted by the Secretary may be credited to the account from which funds are made available for the provision of assistance authorized under subsection (a) and may be used for such purpose until expended.
(i) Construction of Authorization.–Nothing in this section shall be construed to constitute a specific statutory authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.
(j) Waiver Authority.–
(1) By secretary of defense.–
(A) In general.–For purposes of the provision of assistance pursuant to subsection (a), the Secretary of Defense may waive any provision of law described in subparagraph (B) if the Secretary–
(i) determines that such provision of law would (but for the waiver) prohibit, restrict, delay, or otherwise limit the provision of such assistance; and
(ii) submits to the appropriate congressional committees a notice of and justification for the waiver and the provision of law to be waived.
(B) Provisions of law.–The provisions of law described in this subparagraph are the following:
(i) Any provision of law relating to the acquisition of items and support services.
(ii) Sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785).
(2) By president.–For purposes of the provision of assistance pursuant to subsection (a), the President may waive any provision of law other than a provision of law described in paragraph (1)(B) if the President determines that it is vital to the national security interests of the United States to waive such provision of law. Such waiver shall not take effect until 15 days after the date on which the President notifies the appropriate congressional committees of such determination and the provision of law to be waived.
(A) In general.–Not later than 90 days after the date of the enactment of this Act the President shall transmit to the congressional defense committees a report that provides a specific list of provisions of law that need to be waived under this subsection for purposes of the provision of assistance pursuant to subsection (a) and a justification for each such waiver.
(B) Update.–The President shall submit to the congressional defense committees an update of the report required by subparagraph (A) not later than 180 days after the date of the enactment of this Act.
(k) Cost-Sharing Requirement.–
(1) In general.–Of the funds authorized to be appropriated under this subsection, not more than 60 percent of such funds may be obligated or expended until not later than 15 days after the date on which the Secretary of Defense certifies to the appropriate congressional committees and leadership of the House of Representatives and the Senate that an amount equal to not less than 40 percent of the amount authorized to be appropriated to carry out this section has been contributed by other countries and entities for the purposes described in subsection (a), which may include contributions of in-kind support for forces described in subsection (a), as determined from October 1, 2014, of which not less than 50 percent of such amount contributed by other countries and entities has been contributed by the Government of Iraq.
(2) Exception.–The limitation in paragraph (1) shall not apply if the Secretary of Defense determines, in writing, that the national security objectives of the United States will be compromised by the application of the limitation to any such assistance, and notifies the appropriate congressional committees not less than 15 days in advance of the exemption taking effect, including a justification for the Secretary’s determination and a description of the assistance to be exempted from the application of such limitation.