Security Assistance Reform: “Section 1206” Background and Issues for Congress

Nina M. Serafino
Specialist in International Security Affairs

Section 1206 of the National Defense Authorization Act (NDAA) for Fiscal Year 2006 provides the Secretary of Defense with authority to train and equip foreign military and foreign maritime security forces. 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. Thus far, the Department of Defense (DOD) has used Section 1206 authority primarily to provide counterterrorism (CT) support. These funds may also be used to train and equip foreign military forces for military and stability operations in which U.S. forces participate.

As of June 21, 2010, Section 1206 allocations for FY2006-FY2009 and congressionally notified plans for FY2010 total about $1.2 billion. For FY2010, Congress provided $345 million in the Department of Defense Appropriations Act, 2010, P.L. 111-118. (The amount is not specified in the act but is included under the total appropriated to the Defense Security Cooperation Agency.). Of this amount, about $238 million has been notified to and accepted by congressional oversight committees to date. Almost two-thirds of this funding ($155.3 million) is provided for CT support in Yemen. Some $18 million is provided for CT support in the Philippines and $64 million to assist 12 countries in greater Europe in preparing troops to participate in the NATO International Stabilization Assistance Force (ISAF) in Afghanistan.

Through the use of nearly $1 billion in FY2006 through FY2009 funds, Section 1206 supported bilateral programs in 24 countries, 13 multilateral programs, and a global human rights program. Just over 40% of the FY2006-FY2009 Section 1206 funding was obligated for three countries: Pakistan, Lebanon, and Yemen. Another 20% was allocated for bilateral programs in four countries: Bahrain, Indonesia, the Philippines, and Malaysia.

Some Members are concerned with several issues related to Section 1206 authority, both narrow and broad. Specific current concerns include whether Section 1206 funds are being used appropriately and effectively, and whether the authority should be expanded to provide training not only military forces but also to a wide range of foreign security forces. (Currently, Section 1206 limits security force training to maritime security forces.) An overarching issue is whether Congress should place Section 1206 train and equip (T&E) authority under the State Department with other T&E authorities. (Members have thus far refrained from codifying Section 1206 in permanent law, as requested by DOD.) A related issue is whether Congress should grant the State Department its own security assistance contingency fund with purposes that overlap Section 1206, as provided in the House-passed FY2010-FY2011 Foreign Relations Authorization Act (H.R. 2410, Section 841). Finally, as the Obama Administration conducts an overall assessment of foreign assistance, including security assistance, some Members may wish to examine the status of Section 1206 in the context of broader security assistance reform.

In its FY2011 budget request, the Obama Administration indicates that it seeks about $490 million in Section 1206 funding for FY2011, even though the authorized funding level is $350 million. The FY2011 National Defense Authorization Act, H.R. 5136, as passed by the House on May 28, 2010, would raise the authorized funding limit to $500 million and extend the authority, currently set to expire in FY2011, through FY2012. The Senate Armed Services Committee version, S. 3454, reported June 4, has no corresponding provisions.


Date of Report: June 29, 2010
Number of Pages: 41
Order Number: RS22855
Price: $29.95

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