Security Cooperation Issues: FY2017 NDAA Outcomes

Security Cooperation Issues: FY2017 NDAA Outcomes

January 6, 2017
Security Cooperation Issues: FY2017 NDAA Outcomes
Introduction
Enterprise Management
The National Defense Authorization Act (NDAA) for
The FY2017 NDAA contained several administrative and
FY2017 (P.L. 114-328) contains several dozen provisions
on “
organizational instructions for the management and
security cooperation,” defined to mean programs,
oversight of DOD security cooperation policy.
activities, and other interactions of the U.S. Department of
Defense (DOD) with foreign security establishments for the
 The Secretary of Defense is directed to identify a single
purpose of increasing partner capabilities, providing U.S.
official and office in his office, at the Under Secretary
armed forces with access, or promoting relationships
level or below, to conduct oversight of strategic security
relevant to U.S. national security interests.
cooperation and overall resource allocations.
 The Secretary of Defense is required to establish a
Although security cooperation has long been a feature of
program for security cooperation assessment,
U.S. relations with foreign militaries, relevant authorities
monitoring, and evaluation (AME).
contained in Title 10 (Armed Forces) of the U.S. Code have
accumulated over time and are scattered in permanent law
 The Director of the Defense Security Cooperation
and temporary NDAA provisions. Motivated to streamline
Agency (DSCA) is responsible for the execution and
existing authorities, reform DOD’s management of the
administration of DOD’s provision of defense articles,
security cooperation enterprise, and facilitate congressional
military training, and other defense-related services.
oversight, DOD and the114th Congress developed various
 The Secretary of Defense is required to establish a
legislative proposals—efforts that culminated in provisions
program, to be managed by DSCA, to further
enacted in the FY2017 NDAA.
professionalize the security cooperation workforce.

Given the breadth of enacted changes to DOD security
The Secretary of Defense is required to conduct an
cooperation authorities and management practices, the 115th
annual review of the program and structure of its
Congress may choose to monitor the implementation of the
Regional Centers for Security Studies, including their
new provisions and critically assess whether further
alignment with strategic priorities of the Department.
changes, including to resources, are needed to improve the
 The Department is encouraged to improve the use and
effectiveness of U.S. government-wide security sector
functionality of Global Theater Security Cooperation
assistance and cooperation efforts.
Management Information Systems (G-TSCMIS) as a
Authority Codification and Consolidation
DOD-wide database on its programs and activities.
Subtitle E of the NDAA consolidated many of DOD’s core
Congressional Oversight Tools
security cooperation authorities into a new chapter of Title
The FY2017 NDAA also incorporated new or extended
10 (Chapter 16). The changes reorganized, modified, and
existing mechanisms for congressional oversight and public
superseded existing authorities in four main areas:
accountability. Such tools included requirements to prepare
 Military-to-military engagements, exchanges, and
reports, certify, or provide advance notice of certain
contacts, including payment of personnel expenses and
programs and activities. The NDAA also required the
the extension of such authorities to non-military security
issuance, within a specified time period, of guidance and
personnel (with Secretary of State concurrence).
regulations to carry out certain new security cooperation

authorities. In the case of the new requirement for AME
Combined exercises and training with foreign forces,
programming, the NDAA requires evaluation summaries to
including with U.S. general purpose forces and special
be publicly available. In addition:
operations forces.


The President is required to conduct a quadrennial
Operational support and foreign capacity building,
review of programs, policies, authorities, and resources
including logistic support, supplies, and services
pertaining to U.S. security sector assistance—beginning
associated with operations in which the U.S. military is
in January 2018 and every four years through 2034.
not directly participating; defense institution building;
 Beginning with the FY2019 budget, due in 2018, the
and a consolidated capacity building authority to train
President is required to submit a formal, consolidated
and equip foreign forces as well as sustain such support.
budget request for DOD’s security cooperation efforts,
 Educational and training activities, including foreign
including programming for AME and workforce
participation in service academies and other DOD-
development. Beginning immediately, DOD is required
sponsored programs, such as the DOD State Partnership
to submit quarterly reports to Congress on the obligation
Program, the Regional Centers for Security Studies, and
and expenditure of security cooperation funds.
the Regional Defense Combating Terrorism Fellowship
 Within 180 days of enactment, DOD is to submit initial
Program, among others.
policy guidance on the roles, responsibilities, and
https://crsreports.congress.gov

Security Cooperation Issues: FY2017 NDAA Outcomes
processes for implementing its new foreign capacity
Foreign Assistance Transfer Authority
building authority. Final guidance is due 270 days after
The NDAA conferees added a new provision that
enactment. Not more than 65% of available security
authorized DOD to transfer up to $75 million to other U.S.
cooperation funds may be used for such capacity
departments and agencies for the purpose or implementing
building efforts until the congressional defense
or supporting foreign assistance programs and activities that
committees receive DOD’s policy guidance.
advance DOD security cooperation objectives. The NDAA
 Within 180 days of enactment, DOD is to submit
did not identify from where within DOD’s budget such
interim guidance on the establishment of a Security
transfers would be derived but specified that the authority
Cooperation Workforce Development program. Final
may only be used when foreign assistance programming is
guidance is due within one year; annual status reports
necessary for the effectiveness of DOD security
are due starting in March 2018 and through 2021.
cooperation and cannot be carried out by DOD.
 Beginning in January 2018, DOD is required to submit
State Department Role
annual reports on the use of at least 20 of its security
The NDAA continues and in some cases may increase the
cooperation authorities—and to justify programs and
State Department’s statutory role in the decisionmaking
activities on the basis of performance metrics, in relation
process of several DOD security cooperation programs and
to strategic objectives, and on a country-by-country
activities, including the new foreign security forces capacity
basis, if possible. Other security cooperation authorities
building authority. While other DOD security cooperation
require separate reports.
efforts may variously require Secretary of State
 Due in November 2018 is an independent evaluation of
consultation (notice) or concurrence (approval), the new
the implementation of DOD’s September 2016 strategic
capacity building authority requires joint development,
framework for security cooperation, previously
planning, and coordination of programs to combat
mandated by the FY2016 NDAA (P.L. 114-92).
terrorism, weapons of mass destruction, drugs, transnational
 By October 2017, DOD is required to report to
organized crime, as well as to support maritime and border
congressional defense committees on any disconnects
security, military intelligence, and coalition operations.
between security cooperation authorities previously
authorized and the post-FY2017 NDAA legal regime.
Selected Other Provisions
Beyond its consolidation of authorities in Chapter 16 of the
Funding Provisions
U.S. Code, the FY2017 NDAA included extensions and
The sources of current funding for DOD security
modifications to authorities and limitations of DOD activity
cooperation programs and activities remain dispersed across
and funds in selected countries, regions, and overseas
Defense-wide and military department-specific Operations
contingencies. Such provisions pertained to the following:
and Maintenance (O&M) and overseas contingency
 Special Defense Acquisition Fund (SDAF);
operations (OCO) accounts. The NDAA also continued or
 Commanders’ Emergency Response Program (CERP);
modified security cooperation funding limitations, such as
 Coalition Support Fund (CSF);
annual funding caps.
 C-ISIL Fund, including Iraq and Syria Train and Equip;
 Afghanistan Security Forces Fund (ASFF) and several
Foreign Security Forces Capacity Building Funds
other Afghanistan-related provisions;
As discussed above, the NDAA provided DOD with
 Ukraine Security Assistance Initiative (USAI);
authority to provide training, equipping, and related
 Training of eastern European military forces in the
sustainment capabilities to foreign security forces for seven
course of multilateral exercises;
specified purposes, effectively consolidating previous
 Border security operations support with Jordan,
stand-alone authorities and modifying both scope of
Lebanon, Egypt, and Tunisia;
programming and planning processes. Although the Senate-
 Authority for U.S. special operations forces combating
passed version of the NDAA envisioned a new account to
terrorist to support foreign forces, irregular forces,
be used for foreign capacity building, the final version did
groups, or individuals;
not contain this provision. Instead, the enacted NDAA
 Vetted Syrian opposition assistance authority;
required that all such capacity building be derived from
 Cooperation Threat Reduction (CTR) program;
O&M, Defense-wide, funds available specifically to DSCA.
 Support for the operations and activities of the Office of
Security Cooperation (OSC) in Iraq;
For FY2017, the NDAA authorized DSCA to receive
 Support for counterdrug and counter-transnational
almost $2.8 billion in base and overseas contingency
organized crime (C-TOC) activities; and
operations (OCO) funds. In addition, the NDAA specified
 Renaming of the South China Sea Initiative.
that foreign capacity building funds in FY2017 may be
derived from funds available for DOD counterdrug
Source material, legislative research, and further policy
activities, Counter Islamic State of Iraq and the Levant (C-
analysis are available upon request. For background, see
ISIL) funds, and remaining funds ($16.5 million as of early
CRS Report R44673, Security Cooperation: Comparison of
January) previously appropriated for the Counterterrorism
Proposed Provisions for the FY2017 National Defense
Partnerships Fund (the NDAA did not authorize new funds
Authorization Act (NDAA).
for this initiative in FY2017).
Liana W. Rosen, Specialist in International Crime and
Narcotics
https://crsreports.congress.gov

Security Cooperation Issues: FY2017 NDAA Outcomes

IF10582

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF10582 · VERSION 2 · NEW