The "Section 1207" authority used for this funding expired at the end of FY2010. Congress first provided DOD with "Section 1207" authority in 2005. 109-163 , provided authority for DOD to transfer to the State Department up to $100 million in defense articles, services, training or other support in FY2006 and again in FY2007 to use for reconstruction, stabilization, and security activities in foreign countries. FY2010 Section 1207 funding totaled $92.2 million. In a March 20, 2008, letter, DOD requested that Congress double Section 1207 authorized funding to $200 million per year, extend the authority for five fiscal years, and broaden the authority to permit DOD to provide that services or transfer defense articles and funds to the head of any U.S. government department or agency, not just the Department of State. Section 1207 of the conference version of the National Defense Authorization Act (NDAA) for Fiscal Year 2006 ( P.L. As noted above, the Administration requested $100 million for the CCF in the FY2011 budget, stating that this would replace funding previously provided under Section 1207 authority. Pointing to the Secretary of Defense's April 15, 2008, testimony at a HASC hearing that Section 1207 authority "is primarily for bringing civilian expertise to operate alongside or in place of our armed forces," SASC stated that the legislative intent of Section 1207 authority was broader, and was meant "to enable the Secretary of Defense to support the provision by the Secretary of State of reconstruction, security, or stabilization assistance to a foreign country." In action on the FY2010 defense authorization and appropriations acts, and the FY2010 State Department, Foreign Operations, and Related appropriations act, armed services authorizers, defense appropriators, and foreign operations appropriators expressed the sense that the State Department should have responsibility for stabilization and reconstruction funding.
Now expired, Section 1207 of the National Defense Authorization Act (NDAA) for Fiscal Year 2006 (P.L. 109-163) provided authority for the Department of Defense (DOD) to transfer to the State Department up to $100 million per fiscal year in defense articles, services, training or other support for reconstruction, stabilization, and security activities in foreign countries. From FY2006 through FY2010, Section 1207 funded $445.2 million in projects in 23 countries on a bilateral basis and in five countries on a multilateral basis (including one also funded bilaterally). Section 1207 authority expired on September 30, 2010, at the end of FY2010.
Under Section 1207, the Secretary of Defense was authorized to "provide services to, and transfer defense articles and funds to, the Secretary of State for the purpose of facilitating the provision by the Secretary of State of reconstruction, security, or stabilization assistance to a foreign country." Congress capped the value of these services, articles, and funds at $100 million.
Congress never intended Section 1207 to be a permanent authority. Congressional authorizers and appropriators expressed in several documents that Section 1207 authority was temporary, and indicated that such funding is better provided under the State Department budget.
This report provides background and data on Section 1207 authority and funding that may be useful for possible debate in the 112th Congress regarding the appropriate roles and funding mechanisms for DOD, the State Department, and other U.S. agencies in conflict prevention, management, and resolution, and in stabilization and reconstruction operations. It also may serve as background for possible consideration of the Obama Administration proposal for a joint State-DOD Global Security Contingency Fund (GSCF), as some of the GSCF's proposed uses overlap with Section 1207 purposes.
This report will not be updated.