Publisher's Synopsis
Section 1206 of the National Defense Authorization Act (NDAA) for Fiscal Year 2006, as amended and regularly extended, provides the Secretary of Defense with authority to train and equip foreign military forces for two specified purposes-counterterrorism and stability operations-and foreign security forces for counterterrorism operations. Section 1206 authority now extends through FY2017. The conference version of the FY2015 NDAA somewhat modifies a Senate Armed Services Committee (SASC) proposal it its version of the FY2015 NDAA to codify this authority as permanent law under Title 10. In doing so, both the SASC proposal and the conference version would make several changes to the current temporary law. The Department of Defense (DOD) values this authority as an important tool to train and equip military partners. Funds may be obligated only with the concurrence of the Secretary of State. Through 2009, DOD used Section 1206 authority primarily to provide counterterrorism support. Since FY2010, Section 1206 authority has also been used to provide significant assistance to train and equip foreign military forces for military and stability operations in which U.S. forces participate. Currently, there is a cap of $350 million on Section 1206 obligations per fiscal year. Total funding thus far for Section 1206 programs since its inception in FY2006 is some $2.2 billion. During this period, Section 1206 funding supported bilateral programs in over 40 countries, several multilateral programs, and an associated global human rights program. FY2014 programs notified to Congress totaled $314 million. These provided assistance to enable 10 European countries to participate in the International Security Assistance Force (ISAF) in Afghanistan, as well as assistance to five African countries. For FY2015, DOD submitted in November 2014 a request for a first tranche of $136.4 million for programs in 12 countries. As of the date of this report, congressional committees have not completed their review of those programs. For several years, some Members have been concerned with several issues related to Section 1206 authority, both narrow and broad. Specific current concerns have included whether Section 1206 funds are being used appropriately and effectively. Some of these concerns have been partially addressed. One key Section 1206 issue for the lame duck session of the 113th Congress is whether Section 1206 should be made permanent law by codifying it under Title 10, as the Senate Armed Services Committee proposes in its version of the FY2015 NDAA (S. 2410). The conference committee version of that bill (S. 1847, as contained in the Rules Committee Print 113-58) contains a modified version of the SASC proposal. The codification proposal raises questions of effectiveness and utility, as well whether the codification to Title 10 is consistent with past practice and whether it has implications for DOD budgets, roles, and missions.
