DOD Train and Equip Authorities to Counter the Islamic State

DOD Train and Equip Authorities to Counter the Islamic State

Updated January 9, 2015
DOD Train and Equip Authorities to Counter the Islamic State
Background
this law prohibits “any training, equipment, or other
Department of Defense (DOD) programs to train and arm
assistance for the members of a unit of a foreign security
foreign military and security forces, as well as irregular
force if the Secretary of Defense has credible information
forces such as vetted Syrian oppositionists, are a key pillar
that the unit has committed a gross violation of human
of the U.S. campaign to combat the spread of the Islamic
rights.” (The law may be waived under “extraordinary
State (IS) in Iraq and Syria. The fight against IS has drawn
circumstances.”) It does not apply to irregular forces,
congressional attention to the laws enabling DOD to
including vetted Syrians who are subject to less stringent
conduct “train and equip” (T&E) programs. (T&E generally
human rights vetting under the T&E legislation.
means providing foreign forces with the skills and materiél
to conduct broad counterterrorism [CT] and combat
In the Carl Levin and Howard P. “Buck” McKeon National
missions.) This “In Focus” provides a synopsis of five
Defense Authorization Act, 2015 (P.L. 113-291), the 113th
authorities that may be used to train and equip foreign
Congress provided DOD with three new core T&E
forces, groups, and individuals to counter IS activities in
authorities to counter IS: (1) the global Counterterrrorism
Iraq and Syria. (Two authorities are dedicated to counter-IS
Partnerships Fund (CTPF); (2) Iraq T&E authority; and (3)
missions; three may be used for other purposes as well.) It
Vetted Syrians T&E authority. DOD may also use two
does not cover related authorities to assist partner nations.
existing global T&E authorities for such aid: (1) the Build
Partner Capacity (BPC) authority, and (2) the Global
Security Contingency Fund (GSCF). Congress provided
related funding in the FY2015 omnibus appropriations act
The 114th Congress may consider proposals to
(Consolidated and Continuing Appropriations Act, 2015,
authorize U.S. military action against the Islamic State.
P.L. 113-235). These five key authorities are outlined
Such proposals may build on current laws authorizing
below. All require the Administration to notify specified
and funding DOD to train, equip, and otherwise
congressional committees before transferring or obligating
support foreign government military and security
most or all funds.
forces, as well as other foreign individuals and groups,
for counterterrorism missions.
Counterterrorism Partnerships Fund (CTPF)
Laws that provide DOD with authority to assist foreign
Section 1510 of the FY2015 NDAA authorizes $1.3 billion
military and security forces are dubbed “Title 10”
in Overseas Contingency Operations (OCO) funds for the
authorities, referring to the body of permanent law in the
CTPF (newly established by the FY2015 omnibus
U.S. Code (U.S.C.) governing the armed services. The term
appropriations, P.L. 113-235); Section 1534 stipulates that
Title 10 includes DOD assistance statutes that are
funds may be transferred to other accounts for use under an
existing DOD authority established “by any other provision
temporary authorities—which unlike permanent law have
of law.” DOD may conduct CTPF activities only in areas of
expiration dates—provided through an annual National
Defense Authorization Act (NDAA) and often cited by their
responsibility of the U.S. Central Command and the U.S.
original section numbers. Most DOD assistance statutes are
Africa Command, unless the Secretary of Defense
temporary authorities that are reauthorized periodically.
determines that activities are needed elsewhere to counter
an increased risk to U.S. national security. Specified
The U.S. government may also assist foreign forces under
purposes (which are broader than T&E) are to
other U.S.C. titles. These include Title 22 (Foreign

Relations), which authorizes most U.S. global T&E efforts
provide support and assistance to foreign security forces
under the State Department budget. (Prior to 2001, U.S.
or other groups or individuals to conduct, support, or
train and equip assistance to foreign military and other
facilitate CT and crisis response activities, and
security forces was primarily a State Department
 improve the capacity of U.S. armed forces to enable
responsibility conducted under the State Department
foreign security forces or other groups or individuals to
budgets with DOD support.) In addition, U.S. assistance to
undertake CT and crisis response activities.
foreign non-governmental forces usually has been provided
under Title 50 (War and National Defense), encompassing
Iraq T&E Authority and Funding
the intelligence community and its missions.
Section 1236 of the FY2015 NDAA authorizes the
Secretary of Defense, in coordination with the Secretary of
DOD T&E and certain other aid to foreign military and
State, to assist through December 31, 2016, the military and
government security forces are subject to the “Leahy Law”
other security forces of or associated with the Government
human rights conditions of the FY2015 NDAA, Section
of Iraq, including Kurdish and tribal security forces or other
1204, codified as 10 U.S.C. 2249e. With certain exceptions,
local security forces with a national security mission. For
FY2015, Section 1236 authorizes $1.6 billion in assistance.
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DOD Train and Equip Authorities to Counter the Islamic State
No amount is specified for the remainder of the authorized
and equip foreign military and security forces for two
period (i.e., FY2016 and first quarter of FY2017). Under
purposes:
Section 1236,
 to enable a foreign country’s national military forces,
 Authorized types of assistance are training, equipment,
national maritime or border security forces, and other
logistics support, supplies, and services, stipends,
national-level security forces with CT responsibilities to
facility and infrastructure repair and renovation, and
conduct CT operations; and
sustainment.
 to enable a country’s national military forces to
 Authorized purposes are to (1) defend Iraq, its people,
participate in or support on-going allied or coalition
allies, and partner nations from the threat from IS and
military or stability operations that benefit U.S. national
associated groups; and (2) secure Iraq’s territory.
security interests.
Assistance may include equipment, supplies, training,
Recipients must be vetted for associations with terrorist
defense services, and small-scale military construction. The
groups or with groups associated with the Iranian
law sets a cap of $350 million on FY2015 dedicated
government, and must commit to promoting respect for
appropriations, but also permits the transfer of other
human rights and the rule of law. The statute contains
appropriated funds (such as CTPF monies) to conduct
authority to waive applicable conditions elsewhere in law.
programs under 10 U.S.C. 2282 authority.
The FY2015 omnibus appropriations act appropriates $1.6
Global Security Contingency Fund (GSCF) Authority
billion (the NDAA-authorized amount) to an Iraq Train and
and Funding. In the FY2012 NDAA (P.L. 112-81, Section
Equip Fund. Terms of the appropriation reflect those set
1207), Congress established a joint Department of State-
forth in Section 1236 of the FY2015 NDAA.
DOD T&E authority with similar purposes to “Section
1206,” but giving the Secretary of State the lead role. As
Vetted Syrians T&E Authority and Funding
amended, this hybrid authority may be used to provide
foreign military and other specified security forces and
Section 1209 of the FY2015 NDAA authorizes the
government agencies with equipment, supplies, small-scale
Secretary of Defense, in coordination with the Secretary of
construction, and training for security and CT purposes, as
State, to provide assistance through December 31, 2016, “to
well as to participate in or support military, stability, or
appropriately vetted elements of the Syrian opposition and
peace support operations and to conduct rule of law
other appropriately vetted Syrian groups or individuals.... ”
programs. This authority expires at the end of FY2017.
Funds for such assistance are to be reprogrammed or
transferred from OCO accounts. Under Section 1209,
The FY2015 omnibus appropriations act permits the State

Department to transfer up to $25 million to the fund and
Authorized types of assistance are training, equipment,
DOD up to $200 million, both from specified accounts.
supplies, stipends, construction of training and
associated facilities, and sustainment.
Table 1. Funding for Counter-IS and Global T&E
 Authorized purposes are to (1) defend the Syrian people
Authorities
from attacks by IS and secure territory controlled by the
Amounts available to
Syrian opposition; (2) protect the United States, its
Authority
DOD in FY2015
friends and allies, and the Syrian people from threats
CTPF
$1.3 billion for transfer to other
posed by terrorists in Syria; and (3) promote conditions
accounts
for a negotiated settlement to end the conflict in Syria.
Iraq T&E
$1.6 billion
The Act states that “appropriately vetted” requires “at a
Vetted Syrians T&E [$500 million from the CTPF]
minimum” that potential recipients be screened for
BPC 10 U.S.C.
$350 million
associations with terrorist groups, Shia militias, and groups
2282
associated with Iran’s government, and that they commit to
GSCF
$200 million
promoting respect for human rights and the rule of law.
Sources: P.L. 113-235 and P.L. 113-291.
The FY2015 omnibus appropriations act, Section 9016,
provides that up to $500 million of CTPF monies may be
Notes: These figures may not be totaled. Funding for the CTPF,
used in FY2015 to assist vetted elements of the Syrian
BPC, and GSCF authorities is not dedicated to counter-IS purposes.
opposition, and vetted groups and individuals. (Note the
Additional funds may be reprogrammed/transferred from the CTPF
NDAA authority to draw on other OCO accounts.)
(or other accounts) for use under the four other listed authorities.
Global T&E Authority and Funding
For additional reading, see CRS Report R43612, The
“Islamic State” Crisis and U.S. Policy, and CRS Report
“Section 1206,” 10 U.S.C. 2282, Authority to Build
RL33110, The Cost of Iraq, Afghanistan, and Other Global
Partner Capacity (BPC) and Funding. Congress
War on Terror Operations Since 9/11.
established “Section 1206” in the FY2006 NDAA (Click
here to enter text.) as DOD’s global T&E authority and
Nina M. Serafino, Specialist in International Security
codified an amended version as 10 U.S.C. 2282, in the
Affairs
FY2015 NDAA, Section 1205. This authority enables
DOD, with the Secretary of State’s concurrence, to train
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DOD Train and Equip Authorities to Counter the Islamic State

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