Security Cooperation: Comparison of Proposed Provisions for the FY2017 National Defense Authorization Act (NDAA)

Summary

During the lame duck session, the 114th Congress is expected to consider various provisions in the annual defense authorization bill that address U.S. security sector cooperation. If enacted, the FY2017 National Defense Authorization Act (NDAA) could significantly alter the way in which the U.S. Department of Defense (DOD) engages and partners with foreign security forces.

Policy Debate in Context

Successive U.S. Administrations have emphasized the importance of strengthening foreign military partnerships to achieve shared security goals. Over time, the legal authorities underpinning some of these efforts have moved beyond the “traditional” suite of foreign assistance programs authorized in Title 22 (Foreign Relations) of the U.S. Code, which are overseen by the U.S. Department of State and often implemented by DOD. In support of such a shift, Congress has incrementally provided DOD with some 80 or more authorities, apart from those in Title 22, to interact with foreign security forces and defense ministries and respond to emerging threats.

These authorities, enacted through NDAAs and amendments to Title 10 (Armed Services) of the U.S. Code, have enabled DOD to pursue a wider range of direct engagements with foreign partners—collectively described by DOD as “security cooperation.” These authorities, however, vary in scope, application, duration, and reporting requirements. Congress has also imposed limits based on country- or region-specific conditions and concerns.

Proposals in the FY2017 NDAA

In April 2016, DOD submitted 10 proposals to Congress, seeking to address what it describes as an unwieldy “patchwork” of security cooperation authorities. Responding to DOD’s proposals, both the House and Senate versions of the FY2017 NDAA (H.R. 4909 and S. 2943, respectively) contain provisions intended to bring greater coherence to DOD’s security cooperation enterprise.

Central to these proposals is a new chapter in Title 10 on “Security Cooperation.” As part of the proposed changes, nearly 60 existing provisions in Title 10 or public law would be affected or modified. Proposals would also variously alter the statutorily required role of the State Department in overseeing and approving security cooperation programs. Some proposals would substantively change the scope of DOD’s existing authorities by

expanding the purposes for which security cooperation is authorized;

expanding authorized activities;

broadening the geographical scope of security cooperation;

increasing the types of foreign personnel that can benefit from DOD engagement; and

changing funding limits and related provisions.

S. 2943 contains some of the most far-reaching changes, particularly in its replacement of 10 U.S.C. 2282 (“Authority to Build the Capacity of Foreign Security Forces”) with a broader authority. S. 2943 would additionally offer new provisions, including several that aim to enable DOD to better manage security cooperation through

a new funding mechanism called the “Security Cooperation Enhancement Fund”;

improved workforce training through a “Security Cooperation Workforce Development Program”;

enhanced budgeting transparency and reporting requirements to Congress; and

required assessment, monitoring, and evaluation.

Outlook

Some of the proposed provisions in the FY2017 NDAA have broad appeal, while others have emerged as flashpoints in a larger debate over DOD’s role in security sector assistance. The FY2017 NDAA also raises questions over whether security cooperation policy architecture is adequately structured to meet current and evolving requirements and whether the mechanisms of congressional oversight are adequately tailored to current levels of activity.

The FY2017 NDAA went to conference on July 8, 2016. The conference report, while not yet public, is expected to be brought before both the House and Senate when the 114th Congress returns from recess in November 2016. Beyond the FY2017 NDAA, many analysts anticipate that security cooperation issues will continue to feature on the policymaking agenda in the next Administration and the 115th Congress.

For further reading on broader security sector assistance debates, see CRS Report R44444, Security Assistance and Cooperation: Shared Responsibility of the Departments of State and Defense; CRS Report R44602, DOD Security Cooperation: An Overview of Authorities and Issues; and CRS Report R44313, What Is “Building Partner Capacity?” Issues for Congress.