Order Code RS22855
Updated May 15, 2008
Section 1206 of the National Defense
Authorization Act for FY2006: A Fact Sheet on
Department of Defense Authority to Train and
Equip Foreign Military Forces
Nina M. Serafino
Specialist in International Security Affairs
Foreign Affairs, Defense, and Trade Division
Summary
Section 1206 of the National Defense Authorization Act (NDAA) for FY2006
provides the Department of Defense (DOD) with authority to train and equip foreign
military forces. The section authorizes DOD to draw on funds appropriated for
operations and maintenance for Section 1206 programs. Thus far, DOD has used
Section 1206 authority primarily to provide counterterrorism support. Section 1206
obligations totaled some $106 million in FY2006 and $289 million in FY2007.
Obligations for FY2008 are in progress. Funds may only be obligated with the
concurrence of the Secretary of State.
Section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (P.L.
109-163) provides DOD with a new authority to train and equip foreign military forces.
The Section 1206 heading states the authority is to build the capacity of foreign military
forces; DOD often refers to it as a “Global Train and Equip” authority. This is the first
major DOD authority to be used expressly for the purpose of training other military
forces. Generally, DOD has trained and equipped foreign military forces through State
Department programs. DOD requested its own train and equip authority because it views
the planning and implementation processes under which similar State Department security
assistance is provided as too slow and cumbersome.1
1 The State Department program under which foreign military forces are trained is the
International Military Education and Training (IMET) program. Equipment is provided through
the State Department Foreign Military Sales (FMS) program. According to DOD, this
“traditional security assistance takes three to four years from concept to execution,” while
“Global Train and Equip authority allows a response to emergent threats or opportunities in six
months or less.” U.S. Department of Defense, Fiscal Year 2009 Budget Request Summary
Justification, February 4, 2008, p. 103. Hereafter referred to as FY2009 DOD Summary
(continued...)

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Section 1206 provides the Secretary of Defense with authority to train and equip
foreign military forces for two purposes. One is to enable such forces to perform
counterterrorism operations. Nearly all Section 1206 assistance to date has been
counterterrorism support. Most of that is in the form of equipment provided by
contractors, according to information provided by DOD officials. The other purpose is
to enable foreign military forces to participate in or to support military and stability
operations in which U.S. armed forces participate. (DOD does not use this authority in
relation to operations in Iraq and Afghanistan, however, according to DOD officials.)
Congress turned down the Administration’s request in 2007 to expand the authority to
train and equip foreign police forces (see below).
Funding Provisions. Section 1206 of the FY2006 NDAA authorized spending
of up to $200 million per year for FY2006 and FY2007. Section 1206 of the John Warner
National Defense Authorization Act for FY2007 (FY2007 John Warner NDAA, P.L. 109-
364) amended the original legislation to raise the limit to $300 million and extend the
authority through FY2008.
Section 1206 programs are funded from the DOD operations and maintenance
account. During the course of the fiscal year, DOD may transfer funds that it will not use
for their originally budgeted purposes to Section 1206 programs. In FY2006, $106.1
million was obligated for Section 1206 programs; in FY2007, the amount was $289.2
million. (See table below.) No funds have yet been obligated in FY2008.
Conditions. Section 1206 of the FY2006 NDAA requires that programs conducted
under its authority observe and respect human rights, fundamental freedoms, and the
“legitimate civilian authority within that country.” The authority may not be used to
provide any type of assistance that is otherwise prohibited by any provision of law. It also
may not be used to provide assistance to any country that is otherwise prohibited from
receiving such assistance under any other provision of law. The legislation also requires
a 15-day advance notification to the congressional defense, foreign affairs, and
appropriations committees before initiating each program. This notification must specify,
among other things, the program country, budget, and completion date, as well as the
source and planned expenditure of funds.
Joint DOD-State Department Approval Process. As modified by the
FY2007 John Warner NDAA (P.L. 109-364), Section 1206 authority permits the
Secretary of Defense to provide such support with the “concurrence” of the Secretary of
State. According to DOD and State Department officials, that term has been interpreted
to mean the Secretary of State’s approval.
Section 1206 requires both secretaries to jointly formulate any program and
coordinate in its implementation. Their respective agencies have developed an extensive
joint review process that some officials see as a potential model for other assistance
programs. According to DOD, Section 1206 programs are developed under a “dual-key”
authority (i.e., with the approval of both DOD and Department of State officials). U.S.
1 (...continued)
Justification.

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embassies and the military combatant commands are encouraged to jointly formulate
programs, and both parties “must approve each program explicitly in writing.”2
DOD 2007 Request for Expanded Authority. On May 2, 2007, DOD
requested that Congress expand Section 1206 authority and codify it at Title 10, Chapter
20, U.S. Code. In its request for a “Building Global Partnerships Act,” DOD requested
authority to train and equip not only foreign military forces, but also “other security
forces, including gendarmerie, constabulary, internal defense, infrastructure protection,
civil defense, homeland defense, coast guard, border protection, and counterterrorism
forces....” Among its other provisions related to Section 1206 authority, the request
proposed raising the authorized amount for annual spending to $750 million. It also
proposed authority to waive any restrictions applicable to assistance for military and
security forces. DOD funds could be used not only by DOD, but also could be transferred
to the Department of State or any other federal agency to conduct or support activities.
Congress did not act on this request.
DOD FY2009 Request. In its FY2009 budget request of February 4, 2008, DOD
asked for $500 million for Section 1206 capacity-building purposes. Three days later,
DOD submitted, as part of its proposed National Defense Authorization Act for FY2009,
a request to amend Title 10 Chapter 20 by adding a new section to permit the Secretary
of Defense to authorize, with the concurrence of the Secretary of State, programs to build
a foreign country’s national military and other forces. These other forces would include
“gendarmerie, constabulary, internal defense, infrastructure protection, civil defense,
homeland defense, coat guard, border protection, and counterterrorism forces....” The
proposal would authorize DOD to use or to transfer to the State Department and other
federal agencies up to $750 million annually. (Section 1301 of the proposed legislation,
accessible through [http://www.dod.mil/dodgc/olc]). DOD and the State Department
would jointly formulate programs; the Secretaries of Defense and State would jointly
coordinate implementation. Unlike the 2007 request, this proposed legislation would not
itself waive restrictions, but would grant waiver authority to the President and the
Secretary of State.

Annual Obligations. The following table provides information on Section 1206
FY2006 and FY2007 programs approved by the DOD and the Department of State. It is
compiled from information provided by the Office of the Secretary of Defense for Policy
in February 2007. Total program obligations for FY2006 are $106.4 million, and for
FY2007 are $289.2 million. FY2008 obligations are in progress. Funding for a FY2008
$7.2 million project in Lebanon has been approved, according to the latest DOD
information made available to CRS.
2 FY2009 DOD Summary Justification, p. 103.

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Table 1. Section 1206 Funding: FY2006 and FY2007 Obligations
($ U.S. millions, current)
Recipient
Program
FY2006
FY2007 Totals
Africa
Chad
Light Infantry Rapid
6.0
Reaction Force Establishment
Tactical Airlift Capacity
1.7
8.0
Training
Tactical Communications
0.3
Interoperability Aid
Djibouti
Maritime Domain Awareness,
Response, Interdiction, and
8.0
8.0
Coastal Security
Enhancement
Ethiopia
East Africa Regional Security
9.3
9.3
Initiative
Mauritania
Light Infantry Rapid
4.5
4.5
Reaction Force Establishment
Chad, Mauritania, Nigeria and
Civil-Military Operations
Senegal
Training in Support of the
3.4
3.4
TransSahara
Counterterrorism Program
Djibouti, Ethiopia, Kenya,
East Africa Regional Security
14.2
14.2
Tanzania
Initiative
Nigeria and Sao Tome and
Gulf of Guinea Regional
Principe
Maritime Awareness
6.8
6.8
Capability Aid
Chad and Nigeria
Multinational Information-
sharing Network Aid
6.2
6.2
Various (Algeria, Niger, Chad,
Partner Nation Intelligence
Morocco, Senegal, Mauritania,
Capability Aid
1.1
1.1
Nigeria, and Mali)
Various (Algeria, Benin,
Maritime Domain Awareness
Cameroon, Cape Verde,
and Territorial Water Threat
Republic of the Congo, Gabon,
Response Capability
Ghana, Gambia, Guinea, Liberia, Establishment
5.8
5.8
Morocco, Mozambique, Senegal,
Sierra Leone, and Sao Tome and
Principe)
Total Africa
13.0
54.3
67.3
Greater Europe
Albania
Counterterrorism Capability
—
6.7
6.7
Aid
Georgia
Counterterrorism Capability
—
6.5
6.5
Aid

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Recipient
Program
FY2006
FY2007 Totals
Kazakhstan
Coalition Counterterrorism
and Stability Operations
—
19.3
19.3
Capacity Aid
Macedonia
Counterterrorism Capability
—
3.0
3.0
Aid
Ukraine
Counterterrorism Capability
—
12.0
12.0
Aid
Total Greater Europe
—
47.5
47.5
Asia and the Pacific
Indonesia
Integrated Maritime
18.4
Surveillance System
Eastern Fleet Regional
—
3.8
Command Center
Eastern Fleet Maritime
47.1
—
7.3
Domain Awareness
Celebes Sea and Malacca
—
6.1
Strait Network
Coastal Surveillance Stations
—
11.5
Malaysia
Eastern Sabah Maritime
—
13.6
Domain Awareness Radars
CENTRIX Stations
—
0.5
16.3
Strait of Malacca Maritime
—
2.2
Domain Awareness Support
Philippines
Maritime Train and Equip for
—
2.9
Interdiction Purposes
High Frequency Radios for
—
1.8
Coast Watch South
15.5
Maritime Interdiction
—
6.4
Capability
Interdiction and Offensive
Capabilities Improvement (of
—
4.4
UH-1 aircraft)
Sri Lanka
Maritime Security Train and
Equip for Interdiction
11.0
—
Purposes
Aircraft Command and
18.4
—
6.0
Control Integration
Maritime Security and Navy
—
1.4
Interdiction Capability
Thailand
Strategic Sea Lanes Security
(Initially funded at $19.0
million, this program was
—
—
0.0
cancelled after the Thai coup;
contracted patrol boats were
redirected to Bahrain.)
Total Asia and the Pacific
29.4
67.9
97.3

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Recipient
Program
FY2006
FY2007 Totals
Middle East and South Asia
Patrol Boats
5.3
—
Coastal Patrol Capability
Bahrain
—
24.5
Development
30.2
Defense Force
Counterintelligence Analysis
—
0.4
Center Development
Lebanon
Military Assistance to
10.6
30.6
41.2
Lebanese Armed Forces
Pakistan
Border Area Train and Equip
and Marines Train and Equip
27.6
5.7
Aid
41.4
Enhance Shared Maritime
Domain Awareness and
—
8.1
Cooperative Maritime
Security Aid
Yemen
Cross Border Security and
5.0
—
Counterterrorism Aid
31.0
Yemeni Special Operations
Capacity Development (to
—
26.0
enhance border security)
Total Middle East and South Asia
48.5
95.3
143.8
Western Hemisphere
Dominican Republic, Jamaica,
Caribbean Basin Maritime
Bahamas, Honduras, and
Security Aid (radios and
—
23.2
23.2
Nicaragua
boats)
Dominican Republic and Panama Joint Maritime
Counterterrorism Capability
15.5
—
15.5
Aid
Mexico
Counterterrorism Capability
—
1.0
1.0
Aid
Total Western Hemisphere
15.5
24.2
39.7
Totals
106.4
289.2
395.6
Source: Department of Defense figures made available to CRS as of May 15, 2008.

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