FY2024 NDAA: Security Cooperation

FY2024 NDAA: Security Cooperation

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INSIGHTi

FY2024 NDAA: Security Cooperation
September 27, 2023
Background
The U.S. Department of Defense (DOD) broadly defines “security cooperation” (also known as SC) as
department interactions with foreign security establishments to build security relationships that promote
specific U.S. security interests, develop allied and partner nation military and security capabilities for
self-defense and multinational operations, and provide U.S. forces with peacetime and contingency access
to allied and partner nations. DOD policy states that by encouraging and enabling cooperation between
the United States and partner nations to achieve strategic objectives, security cooperation programs are a
key tool for achieving U.S. national security and foreign policy objectives. DOD-administered SC
programs (authorized under Title 10, U.S.C.) and DOD-implemented State Department security assistance
programs (authorized under Title 22, U.S.C.) execute SC activities. In addition to grant-based programs,
SC encompasses the Foreign Military Sales (FMS) program and enables U.S. and partner nation
collaboration on defense articles. For more background on SC, see CRS In Focus IF11677, Defense
Primer: DOD “Title 10” Security Cooperation.
The House- and Senate-passed versions of the National Defense Authorization Act for Fiscal Year 2024
(FY2024 NDAA; H.R. 2670; S. 2226) include multiple proposals pertaining to SC programs, such as SC
workforce development, specific regional initiatives, and the export of U.S. defense equipment. Table 1
summarizes selected provisions from H.R. 2670 and S. 2226.

Table 1. Selected Security Cooperation Proposals in the FY2024 NDAA Bills
House-Passed H.R. 2670
Senate-Passed S. 2226
Proposals Related to SC Programs and Workforce
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House-Passed H.R. 2670
Senate-Passed S. 2226
Section 1210 would amend Section 333 of Title 10, U.S.C.,
Section 1303 would amend Section 333 of Title 10, U.S.C.,
to authorize the Secretary of Defense to conduct or
to authorize the Secretary of Defense to conduct or
support programs to build the capacity of foreign security
support programs to build the capacity of foreign security
forces for the purpose of “counter-il egal, unreported, and
forces for the purpose of “other counter-il icit trafficking
unregulated fishing operations.”
operations” and “foreign internal defense operations,”
amongst additional modifications.
Section 1205 would modify Section 384 of Title 10, U.S.C.,
Section 1309 would modify Section 384 of Title 10, U.S.C.,
regarding the Security Cooperation Workforce
to enhance the management and implementation of the
Development Program. The provision would also establish
Security Cooperation Workforce Development Program
the Defense Security Cooperation University structure,
provided for under that section. The provision would also
require an implementation plan and report from the
provide authorities for the operation of the Defense
Secretary of Defense, and require the Comptrol er General
Security Cooperation University.
to submit an independent evaluation.
Section 1202 would amend Section 166a of Title 10, U.S.C.,
No similar provision.
to include incremental expenses related to SC activities and
would authorize funding for U.S. Africa Command and U.S.
Southern Command for SC.
Section 1209 would require the Secretary of Defense to
No similar provision.
submit a report that specifies partner countries whose

military forces have participated in SC and subsequently
engaged in a coup, insurrection, or action to overthrow a
democratically elected government.

No similar provision.
Section 1306 would extend the authority under section

1210A of the FY2020 NDAA (P.L. 116-92) through
December 31, 2025, for the Secretary of Defense to provide

support for the stabilization activities of other federal
agencies.
Proposals Related to the Middle East and Central Asia
Section 1214 would extend and modify the authority to
Section 1223 would extend the authority to provide
provide assistance to Iraq to counter the Islamic State of
assistance to Iraq to counter the Islamic State of Iraq and
Iraq and Syria (ISIS) through December 31, 2024.
Syria (ISIS) through December 31, 2024.
No similar provision.
Section 1301 would direct the Secretary of Defense to
develop a strategy for improved integrated maritime domain
awareness and interdiction capabilities to counter seaborne
threats in the Middle East.
Section 1206 would require U.S. Central Command to
No similar provision.
engage in regular exercises with international partners to
practice and simulate coalition strike, refueling, and other
missions.
No similar provision.
Section 1310 would expand the list of countries authorized
to receive support to their armed forces for border security
operations to include Tajikistan, Uzbekistan, and
Turkmenistan.
Section 1210C would require the Secretary of the Air Force
Section 1312 would require the Secretary of the Air Force
to make available the resources to train pilots and ground
to make available the resources to train pilots and ground
crews of the Israeli Air Force on the KC-46 aircraft.
crews of the Israeli Air Force on the KC-46 aircraft.
Proposals Related to Ukraine and Europe
Section 1222 would establish an office of the Special
No similar provision.
Inspector General for Ukraine Assistance.

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House-Passed H.R. 2670
Senate-Passed S. 2226
Section 1223 would extend the Ukraine Security Assistance
Section 1331 would extend the Ukraine Security Assistance
Initiative through FY2025.
Initiative through FY2027.
Section 1233 would require a report articulating DOD’s
Section 1337 would require the Secretary of Defense to
strategy to deepen SC with the Baltic states of Estonia,
provide a report on the execution of, and any updates to,
Latvia, and Lithuania.
the multiyear strategy for SC with Estonia, Latvia, and
Lithuania required by Section 1246 of the FY2020 NDAA
(P.L. 116-92).
Proposals Related to the Indo-Pacific
No similar provision.
Section 1343 would require the Secretary of Defense, in
coordination with the Secretary of State, to establish an
initiative with U.S. allies and partners, including Australia,
Japan, and India, to be known as the “Indo-Pacific Maritime
Domain Awareness Initiative.”
No similar provision.
Section 1342 would require the Secretary of Defense, with
the concurrence of the Secretary of State and in
consultation with appropriate Taiwan officials, to establish a
comprehensive training, advising, and institutional capacity-
building program for Taiwan’s military.
Section 1505 would require the Secretary of Defense, acting
Section 1352 would require the Secretary of Defense, with
through the Under Secretary of Defense for Policy, in
the concurrence of the Secretary of State, to engage with
concurrence with the Secretary of State and in coordination
appropriate Taiwan officials for expanding cooperation on
with the Commander of the U.S. Cyber Command and the
military cybersecurity activities using the authorities under
Commander of the U.S. Indo-Pacific Command, to
Chapter 16 of Title 10 of the U.S. Code, and other applicable
cooperate with the Taiwan’s Ministry of Defense on
statutory authorities available to the Secretary of Defense.
defensive military cybersecurity activities.
Proposals Related to U.S. Defense Exports
No similar provision.
Section 1399K would establish certain requirements relating
to FMS processing, including requiring the Secretary of
Defense to ensure that specific response times are met, and
would allow the Secretary to prioritize FMS within the
Defense Priorities Allocation System.
Section 1245 would amend 22 U.S.C. §2762 to authorize the No similar provision.
Secretary of Defense to designate priority theaters of
operation and combatant commands for potential
purchasers of U.S.-origin defense articles or services.
No similar provision.
Section 1399F would authorize the Secretary of Defense to
establish, within the Special Defense Acquisition Fund, an
account to be known as the Foreign Advance Acquisition
Account. The provision would authorize the Secretary to
accept financial contributions from certain covered foreign
countries for the purpose of accelerating the production of
U.S.-produced items in reasonable anticipation of the sale of
such items through the FMS or direct commercial sales
process.
Section 1207 would require the Comptrol er General of the
No similar provision.
United States to provide a report to Congress regarding
alleged end-use violations of equipment provided to foreign
countries. Section 1208 would require the Comptrol er
General to submit a report on practices related to enhanced
end-use monitoring of equipment provided to foreign
countries.

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House-Passed H.R. 2670
Senate-Passed S. 2226
Other SC Proposals
Section 1871 would require the Secretary of Defense to
No similar provision.
submit to Congress an assessment of weapons systems
needed for Taiwan’s and Ukraine’s self-defense. This
assessment must include an evaluation of associated supply
chain issues.
No similar provision.
Section 1399CCCCC would require the State Department
to work with other federal agencies to enhance the
institutional capacity and technical capabilities of defense and
security institutions in the Western Hemisphere.
Section 1247 would require the Commander of U.S. Special
Section 1381 would require the Secretary of Defense to
Operations Command, in consultation with the Secretary of
provide a report on DOD roles and responsibilities in
Defense and the Commander of U.S. Northern Command,
support of the National Strategy for the Arctic Region.
to develop and submit a Special Operations Forces Arctic
Security Strategy.
No similar provision.
Section 6231 would establish a “Black Sea Security Act of
2023” that would require, amongst other items, a strategy
to enhance regional security assistance with the Black Sea
states, as well as an overview of U.S. security assistance to
the Black Sea region.
Source: CRS analysis of legislation on Congress.gov.
Discussion
Ukraine
The House-passed and Senate-passed versions of an FY2024 NDAA include provisions that would
require the executive branch to provide additional information regarding U.S. security assistance to
Ukraine, as well as assistance provided by NATO member states. The House-passed version would
require the executive branch to provide a plan and report on allied and partner support to Ukraine, as well
as a report regarding allied contributions. The House-passed bill also would require reports on certain
U.S.-provided assistance to Ukraine, arms deliveries to Ukraine, and a DOD Inspector General report on
detailed oversight of U.S. assistance to Ukraine. The Senate-passed version would require an independent
study on lessons learned from information operations conducted by the United States, Ukraine, Russia,
and NATO members both before and during Russia’s full-scale invasion of Ukraine in 2022.
Taiwan
Both versions of an FY2024 NDAA contain several provisions encouraging additional U.S. defense
cooperation with Taiwan and requiring assessments of Taiwan’s military capabilities. The Senate-passed
version would require a classified report on Taiwan’s military capacity to absorb U.S.-approved and
delivered defense articles and services during the past 10 years. The report is also to include the date of
projected or achieved initial and full operational capabilities. The House-passed version would similarly
require the Secretary of Defense to brief Congress on the status of developing and implementing the joint
multiyear plan to fulfill defensive requirements of Taiwan’s military required under Section 5506 of the
FY2023 NDAA (P.L. 117-263).

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Transfer of U.S.-Origin Defense Articles
Several provisions in the House and Senate versions of an FY2024 NDAA apparently aim to facilitate
faster lead times and deliveries of U.S.-origin defense articles and services. H.Rept. 118-125 directs the
Secretary of Defense to provide a report to Congress regarding potential coproduction of “asymmetric
defense capabilities” with Taiwan and requires the Secretary to brief Congress on the status of FMS for
Indo-Pacific allies and partners. The House-passed bill would require an evaluation of the FMS process
for Taiwan, as well as a report regarding delays in delivering a current FMS for the Harpoon Coastal
Defense System (HCDS) to Taiwan. The Senate-passed version of an NDAA would require the Assistant
Secretary of the Navy for Research, Development, and Acquisition to develop a plan for providing
enhanced coastal defense capabilities, including the HCDS, to allies and security partners. Both versions
of an FY2024 NDAA include provisions that would require improvements in training and education of
the FMS workforce and process.

Author Information

Christina L. Arabia
Ilana Krill
Analyst in Security Assistance, Security Cooperation
Research Assistant
and the Global Arms Trade

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