AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.(a) Authority.—The President may direct the Secretary of Defense to conduct or support a program to build the capacity of a foreign country’s national military forces in order for that country to—(1) conduct counterterrorist operations; or119 STAT. 3457(2) participate in or support military and stability operations in which the United States Armed Forces are a participant.(b) Types of Capacity Building.—(1) Authorized elements.—The program directed by the President under subsection (a) may include the provision of equipment, supplies, and training.(2) Required elements.—The program directed by the President under subsection (a) shall include elements that promote—(A) observance of and respect for human rights and fundamental freedoms; and(B) respect for legitimate civilian authority within that country.(c) Limitations.—(1) Annual funding limitation.—The Secretary of Defense may use up to $200,000,000 of funds available for defense-wide operation and maintenance for any fiscal year to conduct or support activities directed by the President under subsection (a) in that fiscal year.(2) Assistance otherwise prohibited by law.—The President may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.(3) Limitation on eligible countries.—The President may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.(d) Formulation and Execution of Program.—The Secretary of Defense and the Secretary of State shall jointly formulate any program directed by the President under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program directed by the President under subsection (a).(e) Congressional Notification.—(1) Presidential direction.—At the time the President directs the Secretary of Defense to conduct or support a program authorized in subsection (a), the President shall provide a written copy of that direction to the Congress.(2) Activities in a country.—Not less than 15 days before initiating activities in any country as directed by the President under subsection (a), the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional committees specified in paragraph (3) a notice of the following:(A) The country whose capacity to engage in activities in subsection (a) will be built.(B) The budget, implementation timeline with milestones, and completion date for completing the program directed by the President.(C) The source and planned expenditure of funds to complete the program directed by the President.(3) Specified congressional committees.—The congressional committees specified in this paragraph are the following:(A) The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.119 STAT. 3458(B) The Committee on Armed Services, the Committee on International Relations, and the Committee on Appropriations of the House of Representatives.(f) Report.—Not later than one year after the date of the enactment of this Act, the President shall transmit to the congressional committees specified in subsection (e)(3) a report examining the following issues:(1) The strengths and weaknesses of the Foreign Assistance Act of 1961, the Arms Export Control Act, and any other provision of law related to the building of the capacity of foreign governments or the training and equipping of foreign military forces, including strengths and weaknesses for the purposes described in subsection (a).(2) The changes, if any, that should be made to the Foreign Assistance Act of 1961, the Arms Export Control Act, and any other relevant provision of law that would improve the ability of the United States Government to build the capacity of foreign governments or train and equip foreign military forces, including for the purposes described in subsection (a).(3) The organizational and procedural changes, if any, that should be made in the Department of State and the Department of Defense to improve their ability to conduct programs to build the capacity of foreign governments or train and equip foreign military forces, including for the purposes described in subsection (a).(4) The resources and funding mechanisms required to assure adequate funding for such programs.(g) Termination of Program.—The authority of the President under subsection (a) to direct the Secretary of Defense to conduct a program terminates at the close of September 30, 2007. Any program directed before that date may be completed, but only using funds available for fiscal year 2006 or fiscal year 2007.