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Unformatted text preview: 1208 funding for irregular forces.
The restrictions on both types of funding are significant, and personnel should not use either for anything
other than the stated purposes of the funds. Misuse of funds could result in criminal liability. Problems in
this area usually arise when personnel use O&M funds for projects that require Section 1208 funding.
Personnel should observe the following general fiscal principles when conducting UW operations to ensure
that all activities are within the limits of U.S. law. Commanders must— Know fiscal law principles to avoid possible violation of the Antideficiency Act (ADA).
Individuals may report violations to Congress, which can result in both civil and criminal
penalties. Commanders cannot make expenditures in advance or in excess of available
appropriations. Ensure expenditures reasonably relate to the purpose of the appropriation; using the wrong type
of funds can result in an ADA “purpose” violation. Disallow any expenditure the law prohibits. Ensure the expenditure does not fall specifically within the scope of some other category of
appropriation. Know that if two appropriations permit the expenditure, commanders may use either but not in
combination or interchangeably. 3-20 TC 18-01 30 November 2010 Concept of Employment 3-115. Section 1208 National Defense Authorization Act passed in the fiscal year (FY) 2005, and updated
in the FY 2010 National Defense Authorization Act. Section 1208 authorizes funds for U.S. SOF to
provide support to foreign forces, irregular forces, groups, or individuals engaging in support operations,
or facilitating ongoing military operations by U.S. SOF to combat terrorism. The primary limitation on
Section 1208 funds is that any operations of the irregular forces must be in support of ongoing U.S.
operations against terrorism and not completely independent of or unrelated to actual U.S. missions. This
requirement is easily met in certain areas, but in other areas, it is more difficult to establish the require...
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This document was uploaded on 01/15/2014.
- Winter '14