Page:United States Statutes at Large Volume 122.djvu/4601

 12 2 STA T .4578PUBLIC LA W 11 0– 417 —O CT. 14 , 2008 (b)RESTRIC TI ON ON OBL I GA TION O FFU N D S P ENDING C ERTIFI - CATION .— O ftheamoun t s a p p r opr i ate d pursuant to an authori z ation of appropriations in this Ac t or other w ise made a v ai l able for fiscal y ear 20 0 9 for operation and maintenance for the U nited S tates Southern Command , not more than 90 percent may be obli g ated ore x pended until 3 0 days after the certification re q uired by sub- section (a) is received by the congressional defense committees. (c) D E V ELO PM ENT ASSISTANCE ACTIVITIES DEFINED.— I n this section, the term ‘ ‘development assistance activities ’ ’ means assist- ance activities carried out by the United States Southern Command that are comparable to the assistance activities carried out by the United States under— ( 1 ) chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 19 6 1 (22 U.S.C. 21 5 1, 2293, 2295, and 2296 et seq.) and (2) any other provision of law for purposes comparable to the purposes for which assistance activities are carried out under the provisions of law referred to in paragraph (1). SEC.943 . AUTHORIZ ATIO N O F NON - CON V ENTIONA L ASSISTE D RECOVER Y CA P A B ILITIES. (a) N ON-CONVENTIONAL ASSISTED RECOVER Y CAPABILITIES.— Upon a determination by a commander of a combatant command that an action is necessary in connection with a non-conventional assisted recovery effort, and with the concurrence of the relevant Chief of M ission or Chiefs of Mission, an amount not to exceed $ 20,000,000 of the funds appropriated pursuant to an authorization of appropriations or otherwise made available for ‘‘Operation and Maintenance, Navy’’ may be used to establish, develop, and main- tain non-conventional assisted recovery capabilities. (b) PROCEDURES.— T he Secretary of Defense shall establish procedures for the exercise of the authority under subsection (a). The Secretary shall notify the congressional defense committees of those procedures before any exercise of that authority. (c) AUT H ORI Z ED ACTIVITIES.—Non-conventional assisted recovery capabilities authorized under subsection (a) may, in limited and special circumstances, include the provision of support to for- eign forces, irregular forces, groups, or individuals in order to facilitate the recovery of Department of Defense or Coast G uard military or civilian personnel, or other individuals who, while con- ducting activities in support of United States military operations, become separated or isolated and cannot re j oin their units without the assistance authorized in subsection (a). Such support may include the provision of limited amounts of equipment, supplies, training, transportation, or other logistical support or funding. (d) NOTICE TO CONGRESS ON USE OF AUTHORITY.—Upon using the authority in subsection (a) to ma k e funds available for support of non-conventional assisted recovery activities, the Secretary of Defense shall notify the congressional defense committees within 7 2 hours of the use of such authority with respect to support of such activities. Any such notice shall be in writing. (e) ANNUAL REPORT.—Not later than 30 days after the close of each fiscal year during which subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under that subsection during that fiscal year. E ach such report shall describe the support Deadlin e .Not i f i c ation.

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