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January 9, 2015
DOD Train and Equip Authorities to Counter the Islamic State
Background
Department of Defense (DOD) programs to train and arm
foreign military and security forces, as well as irregular
forces such as vetted Syrian oppositionists, are a key pillar
of the U.S. campaign to combat the spread of the Islamic
State (IS) in Iraq and Syria. The fight against IS has drawn
congressional attention to the laws enabling DOD to
conduct train and equip (T&E) programs. (T&E is a term
of art with no established definition that generally means
providing foreign forces with the skills and materi6l to
conduct broad counterterrorism [CT] and combat missions.)
This In Focus provides a synopsis of five authorities that
may be used to train and equip foreign forces, groups, and
individuals to counter IS activities in Iraq and Syria. It does
not cover related authorities to assist partner nations.
The I 14 Congress may consider proposals to
authorize U.S. military action against the Islamic State.
Such proposals may build on current laws authorizing
and funding DOD to train, equip, and otherwise
support foreign government military and security
forces, as well as other foreign individuals and groups,
for counterterrorism missions.
Laws that provide DOD with authority to assist foreign
military and security forces are dubbed Title 10
authorities, referring to the body of permanent law in the
U.S. Code (U.S.C.) governing the armed services. The term
Title 10 includes DOD assistance statutes that are
temporary authorities-which unlike permanent law have
expiration dates-provided through an annual National
Defense Authorization Act (NDAA) and often cited by their
original section numbers. Most DOD assistance statutes are
temporary authorities that are reauthorized periodically.
The U.S. government may also assist foreign forces under
other U.S.C. titles. These include Title 22 (Foreign
Relations), which authorizes most U.S. global T&E efforts
under the State Department budget. (Prior to 2001, U.S.
train and equip assistance to foreign military and other
security forces was primarily a State Department
responsibility conducted under the State Department
budgets with DOD support.) In addition, U.S. assistance to
foreign non-governmental forces usually has been provided
under Title 50 (War and National Defense), encompassing
the intelligence community and its missions.
DOD T&E and certain other aid to foreign military and
government security forces are subject to the Leahy Law
human rights conditions of the FY2015 NDAA, Section
1204, codified as 10 U.S.C. 2249e. With certain exceptions,
this law prohibits any training, equipment, or
other assistance for the members of a unit of a foreign
security force if the Secretary of Defense has credible
information that the unit has committed a gross violation of
human rights. (The law may be waived under
extraordinary circumstances.) It does not apply to
irregular forces, including vetted Syrians who are subject to
less stringent human rights vetting under the T&E
legislation.
In the Carl Levin and Howard P. Buck McKeon National
Defense Authorization Act, 2015 (P.L. 113-291), the 113th
Congress provided DOD with three new core T&E
authorities to counter IS: (1) the Counterterrrorism
Partnerships Fund (CTPF); (2) Iraq T&E authority; and (3)
Vetted Syrians T&E authority. DOD may also use two
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
(Consolidated and Continuing Appropriations Act, 2015,
P.L. 113-235). These five key authorities are outlined
below. All require the Administration to notify specified
congressional committees before transferring or obligating
most or all funds.
Counterterrorism Partnerships Fund (CTPF)
Section 1510 of the FY2015 NDAA authorizes $1.3 billion
in Overseas Contingency Operations (OCO) funds for the
CTPF (newly established by the FY2015 omnibus
appropriations, P.L. 113-235); Section 1534 stipulates that
funds may be transferred to other accounts for use under an
existing DOD authority established by any other provision
of law. DOD may conduct CTPF activities only in areas of
responsibility of the U.S. Central Command and the U.S.
Africa Command, unless the Secretary of Defense
determines that activities are needed elsewhere to counter
an increased risk to U.S. national security. Specified
purposes (which are broader than T&E) are to
* provide support and assistance to foreign security forces
or other groups or individuals to conduct, support, or
facilitate CT and crisis response activities, and
* improve the capacity of U.S. armed forces to enable
foreign security forces or other groups or individuals to
undertake CT and crisis response activities.
Iraq T&E Authority and Funding
Section 1236 of the FY2015 NDAA authorizes the
Secretary of Defense, in coordination with the Secretary of
State, to assist through December 31, 2016, the military and
other security forces of or associated with the Government
of Iraq, including Kurdish and tribal security forces or other
local security forces with a national security mission. For
www.crs.gov 7-5700](ViewImageLocal?handle=hein.crs/crsuntaagun0001&div=1&collection=&method=preview&ext=.png&size=3)
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