Order Code RS22855
Updated November 25, 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 Fiscal Year
2006 provides the Secretary of Defense with authority to train and equip foreign military
and foreign maritime security forces. Funds may be obligated only with the concurrence
of the Secretary of State. Thus far, the Department of Defense (DOD) has used Section
1206 authority primarily to provide counterterrorism support. Section 1206 obligations
totaled some $100 million in FY2006, $279 million in FY2007, and $293 million in
FY2008. DOD values this authority as an important tool to train and equip military
partners. This authority expires in FY2011.
Section 1206 of the FY2006 NDAA (P.L. 109-163), as amended, provides the
Secretary of Defense with a new authority to train and equip foreign military forces and
foreign maritime security forces. This is the first major DOD authority to be used
expressly for the purpose of training the national military forces of foreign countries.
Generally, DOD has trained and equipped foreign military forces through State
Department programs. The Bush Administration requested this “Global Train and Equip”
authority because DOD viewed the planning and implementation processes under which
similar State Department security assistance is provided as too slow and cumbersome.1
1 State Department programs under which foreign military forces are trained are the International
Military Education and Training (IMET) and the Expanded IMET (E-IMET) programs.
Equipment is provided to foreign governments through the State Department Foreign Military
Sales/Foreign Military Financing (FMS/FMF) programs. 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 Justification.

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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 foreign military forces, as well
as foreign maritime security forces, to perform counterterrorism (CT) operations. Nearly
all Section 1206 assistance to date has been CT training and equipment (T&E). Most
T&E has been provided by contractors, according to 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 are participating. (DOD does not use Section 1206
authority for operations in Iraq and Afghanistan, however, according to DOD officials.)
In action on the Duncan Hunter NDAA for FY2009 (P.L. 110-417), Congress
rejected the Administration’s 2008 request to make Section 1206 authority permanent law
under Title 10 (Armed Services) of the United States Code. Instead, it extended the
temporary authority for three years (i.e., through FY2011). In 2007 and 2008, Congress
turned down Administration requests to extend Section 1206 authority to foreign police
and security forces (including, in 2008, gendarmerie, constabulary, internal defense,
infrastructure protection, civil defense, homeland defense, coast guard, border protection,
and counterterrorism forces). Nevertheless, the FY2009 Duncan Hunter NDAA did
expand Section 1206 authority to include a category not specifically mentioned in the
2008 Administration request (i.e., maritime security forces).
Funding Provisions and Annual Obligations. Section 1206 of the FY2006
NDAA authorized the Secretary of Defense to transfer up to $200 million per year for
FY2006 and FY2007. Section 1206 of the John Warner NDAA for FY2007 (P.L. 109-
364) amended the original legislation to raise the authorized amount to $300 million and
extend the authority through FY2008. (Section 1206 programs are funded from the DOD
operations and maintenance account. During the first two years of the program, DOD
transferred funds from lower-priority missions to fund activities under Section 1206,
according to the Office of the Secretary of Defense/Policy [OSD/P]. For FY2008,
Congress appropriated $300 million for Section 1206 in the Consolidated Appropriations
Act of 2008 [P.L. 110-161].) In its 2008 request for permanent Section 1206 authority,
the Administration requested that spending authority be increased to $750 million, but in
its FY2009 budget request asked for $500 million in spending authority for that year.
Instead, in the FY2009 Duncan Hunter NDAA, Congress increased the authorized amount
to $350 million. In the same bill, Congress also provided authority for funds to be used
in consecutive fiscal years (i.e., funds made available for a program begun in one fiscal
year may also be used for that program in the next fiscal year). The table below provides
data on Section 1206 FY2006-FY2008 programs. Total program obligations for $100.1
million in FY2006, $279.5 million in FY2007, and $293.4 million 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.

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Joint DOD-State Department Approval Process. As modified by the
FY2007 John Warner NDAA, 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. 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. embassies
and the military combatant commands are encouraged to jointly formulate programs.
Both parties “must approve each program explicitly in writing”2 before the proposal is
submitted to DOD and State Department staff in Washington, D.C., for their concurrence
and, ultimately, the approval of the Secretaries of Defense and State.3
Table 1. Section 1206 Funding: FY2006 and FY2007 Obligations and
FY2008 Notifications
($ U.S. millions, current)
Recipient
Program
FY2006 FY2007 FY2008 Totals
General
Defense Institute of
Human Rights/ Respect for
International Legal Studies Civilian Authority Training
—
—
0.6
0.6
AFRICA
Chad
Light Infantry Rapid Reaction
—
6.0
—
Force Establishment
Tactical Airlift Capacity Training
—
1.7
—
8.0
Tactical Communications
—
0.3
—
Interoperability Aid
Djibouti
Maritime Domain Awareness
(MDA), Response, Interdiction,
—
8.0
—
and Coastal Security Enhancement
13.1
CT Communications Package
—
—
5.1
Ethiopia
CT Communications and Combat
—
—
13.3
Engineering Capability
17.7
Night Vision Capability Package
—
—
4.4
Kenya
Border Security Initiative
—
—
4.1
11.1
Border and Coastal Security
—
—
7.0
Enhancement
Mauritania
Light Infantry Rapid Reaction
4.5
—
4.5
Force Establishment
Tunisia
Suppressing Trans-Border
—
—
10.0
10.0
Terrorist Activity
2 FY2009 DOD Summary Justification, p. 103.
3 E-mail from the OSD/P, May 20, 2007.

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Recipient
Program
FY2006 FY2007 FY2008 Totals
Chad, Mauritania, Nigeria
Civil-Military Operations Training
and Senegal
in Support of the TransSahara CT
—
3.4
—
3.4
Program
Djibouti, Ethiopia, Kenya, East Africa Regional Security
—
14.2
—
14.2
Tanzania
Initiative
Nigeria and Sao Tome and Gulf of Guinea Regional Maritime
6.8
—
—
6.8
Principe
Awareness Capability Aid
Chad and Nigeria
Multinational Information-sharing
6.2
—
—
6.2
Network Aid
Algeria, Niger, Chad,
Partner Nation Intelligence
Morocco, Senegal,
Capability Aid
—
1.1
—
1.1
Mauritania, Nigeria, and
Mali
Algeria, Benin, Cameroon, MDA and Territorial Water Threat
Cape Verde, Republic of
Response Capability Establishment
the Congo, Gabon, Ghana,
Gambia, Guinea, Liberia,
—
5.7
—
5.7
Morocco, Mozambique,
Senegal, Sierra Leone, and
Sao Tome and Principe
Benin, Cameroon, Cape
West and Central Africa Maritime
Verde, Gabon, Ghana, Sao Equipment Package
—
—
11.5
11.5
Tome & Principe, Senegal,
Togo
Cameroon, Gabon,
Maritime Security Capability
Guinea, Senegal, Sierra
Enhancement
—
—
12.5
12.5
Leone
Total Africa
13.0
44.9
67.9
125.8
GREATER EUROPE
Albania
CT Capability Aid
—
6.7
—
12.2
Maritime Coastal Patrol CT
—
—
5.5
Capability Enhancement
Georgia
CT Capability Aid
—
6.5
—
17.9
Special Forces T&E
11.4
Macedonia
CT Capability Aid
—
3.0
—
3.0
Ukraine
CT Capability Aid
—
12.0
—
12.0
Total Greater Europe
—
28.2
26.9
45.1
ASIA AND THE PACIFIC (Including Central Asia)
Indonesia
Integrated Maritime Surveillance
18.4
—
—
System
Eastern Fleet Regional Command
—
3.8
7.3
Center (FY07)/ MDA (FY08)
57.4
Celebes Sea and Malacca Strait
—
6.1
Network
Coastal Surveillance Stations
—
11.5
4.3

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Recipient
Program
FY2006 FY2007 FY2008 Totals
Western Fleet Command and
—
—
2.0
Control (C2) Center and HQ
Command, Control,
Communications and Computers
—
—
4.0
(C4) Surveillance and
Reconnaissance
Kazakhstan
Coalition CT and Stability
—
19.3
—
Operations Capacity Aid
31.8
Caspian Security
—
—
12.5
Kyrgyzstan
Increasing Armed Forces CT

—
—
12.0
Capabilities
12.0
Malaysia
Eastern Sabah MDARadars
—
13.6
—
Strait of Malacca MDA Support
—
2.2
—
MDA Package
—
—
11.5
CENTRIX Stations
43.9
—
0.5
C2 Center for Joint Forces Sabah
—
—
7.1
HQ
Maritime Interdiction Package
—
—
9.0
Philippines
Maritime T&E for Interdiction
—
2.9
Purposes
Coast Watch South High
Frequency Radios (FY07)/
—
1.8
11.1
Radars for Sulu Archipelago
(FY08)
32.4
Maritime Interdiction Capability
—
6.4
—
Interdiction and Offensive
Capabilities Improvement (of UH-
—
4.4
—
1 Huey helicopters)
Border Control Interdiction
—
—
5.8
Sri Lanka
Maritime Security T&E for
10.9
—
—
Interdiction Purposes
Aircraft C2 Integration
—
6.0
—
18.3
Maritime Security and Navy
—
1.4
—
Interdiction Capability
Total Asia and the Pacific
29.3
79.9
86.6
195.8
MIDDLE EAST AND SOUTH/SOUTHWESTERN ASIA
Azerbaijan
Naval Commando CT Training
—
—
1.7
1.7
Bahrain
Patrol Boats
5.3
—
—
Coastal Patrol Capability
—
24.5
—
Development
34.1
Defense Force Counterintelligence
—
0.04
—
Analysis Center Development

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CRS-6
Recipient
Program
FY2006 FY2007 FY2008 Totals
Defense Force Special Operations
—
—
4.3
T&E
Bangladesh
Maritime Patrol and Interdiction
—
—
7.2
7.2
Initiative
Lebanon
Military Assistance to Lebanese
10.5
30.6
—
Armed Forces
Special Operations Forces T&E
—
—
7.2
61.7
Secure Communications for
—
—
9.2
Special Operations Forces
Logistics Support System
—
—
4.2
Pakistan
Border Area T&E/ Marines T&E
23.3
5.7
—
Enhance Shared MDAand
—
8.1
—
Cooperative Maritime Security Aid
Helicopter CT Capability
—
—
20.9
92.9
Special Services Group COIN Kick
—
—
17.9
Start Initiative
Mi-17 Support to 21st QRS (?)
—
—
17.0
Yemen
Cross Border Security and CT Aid
4.3
—
—
Yemeni Special Operations
30.3
Capacity Development to enhance
—
26.0
—
border security
Total Middle East and South Asia
43.4
94.9
89.6
227.9
WESTERN HEMISPHERE
Mexico
CT Capabilities (FY07)/ CT
—
1.0
12.9
Capability Package (FY08)
13.9
Dominican Republic and
Joint Maritime CT Capability Aid
14.4
—
—
14.4
Panama
Bahamas, Dominican
Caribbean Basin Maritime Security
Republic, Honduras,
Aid (radios and boats)
—
23.3
—
23.3
Jamaica, and Nicaragua
Bahamas, Belize,
Carribean Basin Capability
Dominican Republic,
Enhancements
—
—
12.0
12.0
Honduras, Jamaica, and
Panama
Belize, Guyana, Honduras, CT Unit T&E for participation in
—
—
13.8
13.8
and Suriname
Operation Enduring Freedom
Total Western Hemisphere
14.4
24.3
38.7
77.4
Totals
100.1
279.5
293.4
673.0
Source: Office of the Secretary of Defense. FY2006-FY2007 figures verified May 2008. FY2008 figures
made available November 24, 2008.
Note: Totals may not add due to rounding.

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