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January 6, 2017


Security Cooperation Issues: FY2017 NDAA Outcomes


The National Defense Authorization Act (NDAA) for
FY2017 (P.L. 114-328) contains several dozen provisions
on security cooperation, defined to mean programs,
activities, and other interactions of the U.S. Department of
Defense (DOD) with foreign security establishments for the
purpose of increasing partner capabilities, providing U.S.
armed forces with access, or promoting relationships
relevant to U.S. national security interests.

Although security cooperation has long been a feature of
U.S. relations with foreign militaries, relevant authorities
contained in Title 10 (Armed Forces) of the U.S. Code have
accumulated over time and are scattered in permanent law
and temporary NDAA provisions. Motivated to streamline
existing authorities, reform DOD's management of the
security cooperation enterprise, and facilitate congressional
oversight, DOD and thel 14th Congress developed various
legislative proposals-efforts that culminated in provisions
enacted in the FY2017 NDAA.

Given the breadth of enacted changes to DOD security
cooperation authorities and management practices, the 115th
Congress may choose to monitor the implementation of the
new provisions and critically assess whether further
changes, including to resources, are needed to improve the
effectiveness of U.S. government-wide security sector
assistance and cooperation efforts.


Subtitle E of the NDAA consolidated many of DOD's core
security cooperation authorities into a new chapter of Title
10 (Chapter 16). The changes reorganized, modified, and
superseded existing authorities in four main areas:
* Military-to-military engagements, exchanges, and
   contacts, including payment of personnel expenses and
   the extension of such authorities to non-military security
   personnel (with Secretary of State concurrence).
* Combined exercises and training with foreign forces,
   including with U.S. general purpose forces and special
   operations forces.
* Operational support and foreign capacity building,
   including logistic support, supplies, and services
   associated with operations in which the U.S. military is
   not directly participating; defense institution building;
   and a consolidated capacity building authority to train
   and equip foreign forces as well as sustain such support.
* Educational and training activities, including foreign
   participation in service academies and other DOD-
   sponsored programs, such as the DOD State Partnership
   Program, the Regional Centers for Security Studies, and
   the Regional Defense Combating Terrorism Fellowship
   Program, among others.


The FY2017 NDAA contained several administrative and
organizational instructions for the management and
oversight of DOD security cooperation policy.
* The Secretary of Defense is directed to identify a single
   official and office in his office, at the Under Secretary
   level or below, to conduct oversight of strategic security
   cooperation and overall resource allocations.
* The Secretary of Defense is required to establish a
   program for security cooperation assessment,
   monitoring, and evaluation (AME).
* The Director of the Defense Security Cooperation
   Agency (DSCA) is responsible for the execution and
   administration of DOD's provision of defense articles,
   military training, and other defense-related services.
* The Secretary of Defense is required to establish a
   program, to be managed by DSCA, to further
   professionalize the security cooperation workforce.
* The Secretary of Defense is required to conduct an
   annual review of the program and structure of its
   Regional Centers for Security Studies, including their
   alignment with strategic priorities of the Department.
* The Department is encouraged to improve the use and
   functionality of Global Theater Security Cooperation
   Management Information Systems (G-TSCMIS) as a
   DOD-wide database on its programs and activities.


The FY2017 NDAA also incorporated new or extended
existing mechanisms for congressional oversight and public
accountability. Such tools included requirements to prepare
reports, certify, or provide advance notice of certain
programs and activities. The NDAA also required the
issuance, within a specified time period, of guidance and
regulations to carry out certain new security cooperation
authorities. In the case of the new requirement for AME
programming, the NDAA requires evaluation summaries to
be publicly available. In addition:
* The President is required to conduct a quadrennial
   review of programs, policies, authorities, and resources
   pertaining to U.S. security sector assistance-beginning
   in January 2018 and every four years through 2034.
* Beginning with the FY2019 budget, due in 2018, the
   President is required to submit a formal, consolidated
   budget request for DOD's security cooperation efforts,
   including programming for AME and workforce
   development. Beginning immediately, DOD is required
   to submit quarterly reports to Congress on the obligation
   and expenditure of security cooperation funds.
* Within 180 days of enactment, DOD is to submit initial
   policy guidance on the roles, responsibilities, and


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