The National Guard State Partnership Program: Background, Issues, and Options for Congress

Congressional research reportAug 15, 2011

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The National Guard State Partnership

Program: Background, Issues, and Options for

Congress

name redacted

Specialist in Military Manpower Policy

name redacted

Specialist in International Security Affairs

August 15, 2011

Congressional Research Service

7-....

www.crs.gov

R41957

CRS Report for Congress

Prepared for Members and Committees of Congress

The National Guard State Partnership Program

Summary

The State Partnership Program (SPP) is a Department of Defense (DOD) security cooperation

program run by the National Guard. It also serves as a mechanism for training National Guard

personnel. Since the program began in 1992, it has expanded to the point where nearly every state

National Guard participates, as do the National Guard of Guam, Puerto Rico, the U.S. Virgin

Islands, and the District of Columbia.

The SPP relates to several areas of potential interest to Congress, including improving the

capabilities of partner nations to protect their citizens; strengthening relationships with partners to

facilitate cooperation, access, and interoperability; improving cultural awareness and skills among

U.S. military personnel; and fostering the integration of reserve and active component forces into

a “total force.”

In addition, the rapid expansion of the SPP has led to congressional scrutiny of the conformity of

some SPP activities with the law, the effectiveness of the program, and the relationship of SPP

activities to the priorities of U.S. geographic combatant commanders and U.S. ambassadors

abroad. Congressional interest in SPP is also tied to broader concerns that some DOD security

cooperation activities may encroach on, complicate, or conflict with State Department and U.S.

Agency for International Development (USAID) responsibilities and prerogatives.

The SPP conducts a variety of activities in support of partner nations, including

•

exchanges of subject matter experts,

•

demonstrations of certain military capabilities,

•

discussions of policy issues, and

•

visits between senior leaders of a state National Guard and senior leaders of the

partner nations armed forces.

These interactions commonly focus on topics such as disaster management, command and

control, search and rescue, border operations, military medicine, and military education. In some

of the more developed partnerships, teams of National Guard personnel have embedded with the

military forces of its partner nations as they prepared for and deployed to Afghanistan, Iraq, and

Kosovo.

The SPP is based on general statutory authorities used by active and reserve component forces to

conduct security cooperation. Some unique aspects of the SPP include

•

the potential for establishing enduring relationships between individuals in the

state National Guard and their peers in the partner nation’s armed forces;

•

the ability to share specialized expertise about topics such as disaster response,

civil disorder, counter-narcotics operations, and border security; and

•

the ability to link senior officials of a state with senior officials of a foreign

nation, which can open avenues for greater cooperation between the state and the

partner nation in non-military areas.

This report traces the origin and development of the program; summarizes its unique aspects; and

outlines its statutory basis, funding mechanisms, organization, and activities. It details recent

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legislative and executive branch actions. It also explores issues that may merit congressional

attention and provides options for policymakers who may be interested in modifying the program.

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Contents

Introduction...................................................................................................................................... 1

Background ...................................................................................................................................... 2

Origin and Expansion of the State Partnership Program ........................................................... 2

Typical Missions Performed ...................................................................................................... 4

Unique Aspects of the SPP ........................................................................................................ 6

Enduring Relationships ....................................................................................................... 6

Special Capabilities ............................................................................................................. 7

Nations Engaged ................................................................................................................. 8

Relationship with States ...................................................................................................... 8

Statutory Authorities .................................................................................................................. 9

Funding Mechanisms............................................................................................................... 11

Institutional Arrangements ...................................................................................................... 11

Concerns About the SPP .......................................................................................................... 12

Civilian Engagements ....................................................................................................... 12

Integration with Priorities of Combatant Commanders and Ambassadors........................ 13

Encroachment on DOS and USAID Responsibilities ....................................................... 14

Recent Legislative and Executive Branch Activity ................................................................. 14

Issues for Congress ........................................................................................................................ 15

Have SPP Activities Been Consistent with Statutory Authority? ............................................ 15

Is SPP Effective? ..................................................................................................................... 16

What Role Should the State Department Play in SPP Administration and Oversight? ........... 17

Should SPP Have a Dedicated Statutory Authority? ............................................................... 18

Should the Contours of the Program Be Modified? ................................................................ 18

Types of Missions Performed ............................................................................................ 18

Scope of U.S. Participation ............................................................................................... 19

Authorized Foreign Participants........................................................................................ 19

Options for Congress ..................................................................................................................... 20

Monitor Implementation of the Directive Type Memorandum ............................................... 20

Direct Periodic Evaluations ..................................................................................................... 20

Require Centralized Approval of SPP Activities ..................................................................... 20

Codify the State Partnership Program in Law ......................................................................... 20

Authorized Activities and Participants .............................................................................. 21

Effectiveness ..................................................................................................................... 21

Role of the State Department ............................................................................................ 21

Figures

Figure 1. State Partnership Program Goals, FY2008-FY2013 ........................................................ 2

Figure 2. Number of Partnerships in each Combatant Command ................................................... 4

Figure A-1. Map of State Partnerships as of July 2011.................................................................. 24

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Tables

Table A-1. List of State Partnerships as of July 2011 .................................................................... 23

Table B-1. Title 10 and NDAA Authorities Used by the SPP ........................................................ 25

Appendixes

Appendix A. State Partnerships: Table and World Map................................................................. 23

Appendix B. Title 10 and National Defense Authorization Act Authorities That May Be

Used by the SPP ......................................................................................................................... 25

Appendix C. State Partnerships and Title 22 Authorities............................................................... 27

Contacts

Author Contact Information........................................................................................................... 28

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The National Guard State Partnership Program

Introduction

The State Partnership Program (SPP) is a Department of Defense (DOD) security cooperation

program run by the National Guard. It also serves as a mechanism for training National Guard

personnel. The current goals of the program are listed in Figure 1.1 The SPP relates to several

areas of potential interest to Congress, including improving the capabilities of partner nations to

protect their citizens; strengthening relationships with partners to facilitate cooperation, access,

and interoperability; improving cultural awareness and skills among U.S. military personnel; and

fostering the integration of reserve and active component forces into a “total force.”

The SPP evolved from an effort begun in 1992 to use professional contacts between the U.S.

military and the militaries of the newly independent nations of the former Soviet Union to help

reform the defense establishments of those nations. The program has expanded greatly since then.

Today, it is a significant component of DOD’s security cooperation efforts, linking state and

territorial National Guards in 63 partnerships with 70 partners nations (listed in Appendix A).2

Nearly every state National Guard participates in the SPP, as do the National Guard of Guam,

Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.3

The SPP’s rapid expansion has led to

congressional scrutiny of

•

the conformity of some SPP

activities with the law,

•

the effectiveness of the program,

and

•

the relationship of SPP activities to

the priorities of U.S. geographic

combatant commanders and U.S.

ambassadors abroad.

Security Cooperation

Security cooperation is a broad term, defined by DOD as

those interactions between DOD and foreign defense

establishments, which

•

build defense relationships that promote specific U.S.

security interests,

•

develop allied and friendly military capabilities for selfdefense and multinational operations, and

•

provide U.S. forces with peacetime and contingency

4

access to a host nation.

The U.S. military conducts a wide variety of security

cooperation activities, including security assistance, counterdrug support, “train and equip” assistance, exercises with

foreign countries, fellowships, educational exchanges,

humanitarian assistance, disaster relief and military-tomilitary contact programs.

Congressional interest in SPP is also tied to

broader concerns that some DOD security

cooperation activities may encroach on,

complicate, or conflict with State

Department and U.S. Agency for

International Development (USAID) responsibilities and prerogatives.

1

The National Guard Bureau is in the process of developing new goals, tentatively scheduled to take effect in FY2012,

to align with the May 2010 National Security Strategy.

2

There are 63 partnerships with 70 foreign countries due to the partnership between the National Guards of Florida and

the U.S. Virgin Islands National Guard with the Regional Security System (RSS), a collective security agreement for

seven island nations in the Eastern Caribbean. The seven nations that participate in the RSS are Antigua and Barbuda,

Barbados, Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines.

3

For a list of all current partnerships, see Appendix A. At present, South Carolina and Nevada do not have

partnerships, although they both had one previously (South Carolina and Albania; Nevada and Turkmenistan).

Additionally, South Carolina currently participates in the Utah-Morocco partnership.

4

Adapted from Department of Defense, Joint Publication 1-02, Department of Defense Dictionary of Military and

Associated Terms, Washington, DC, as amended through April 2010, available at http://www.dtic.mil/doctrine/

dod_dictionary/.

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As previous published research on the program is limited, this report relies heavily on interviews

with individuals at DOD, the National Guard Bureau (NGB), and the Department of State (DOS)

who are involved with the program.

Figure 1. State Partnership Program Goals, FY2008-FY2013

Background

Origin and Expansion of the State Partnership Program5

As the Soviet Union disintegrated between 1989 and 1991, U.S. government officials explored

options to minimize instability and encourage democratic governments in the former Soviet bloc

nations. One effort to address these policy goals was to expand military-to-military contacts with

the newly independent states of Central and Eastern Europe to promote subordination to civilian

leadership, respect for human rights, and a defensively oriented military posture. At the time,

most of these newly independent states had militaries that were based on the Soviet model and

focused on countering threats from NATO nations. The United States European Command

(USEUCOM) took the lead in this effort by establishing the Joint Contact Team Program (JCTP)

in 1992. The JCTP was originally composed of active component personnel and included

members of the special forces because of their language skills. However, when the JCTP began to

engage the Baltic nations of Latvia, Estonia, and Lithuania, senior defense officials insisted that

National Guard and Reserve personnel play a leading role in any military liaison teams operating

5

The first two paragraphs of this section rely heavily on the work of Robert T. Cossaboom, The Joint Contact Team

Program: Contacts with the Former Soviet Republics and Warsaw Pact Nations, 1992-1994 (Washington, DC: Joint

History Office, Office of the Chairman of the Joint Chiefs of Staff, 1997).

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in those countries, apparently in response to those governments’ desire to establish reserve-centric

defense establishments and to assuage Russian concerns about U.S. expansion into its former

satellites.

In November 1992, Lieutenant General John Conway, the Chief of the National Guard Bureau,

and Brigadier General Thomas Lennon, head of the JCTP, visited the Baltics. A few months after

their trip, in early 1993, the National Guard initiated the first state partnerships: New YorkEstonia, Michigan-Latvia, and Pennsylvania-Lithuania. Additional partnerships were proposed

later in 1993 for Albania, Belarus, Bulgaria, the Czech Republic, Hungary, Kazakhstan, Romania,

Poland, Slovakia, Slovenia, and Ukraine. The SPP benefited the JCTP by providing additional

personnel, funding, and access to military personnel from U.S. ethnic-heritage communities who

often had relevant language and cultural skills.

Today, USEUCOM has 22 state partnerships. The SPP has also expanded beyond USEUCOM to

other combatant commands (COCOMs) as shown in Figure 2.

•

United States Central Command (USCENTCOM) established its first partnership

in 1995, between Arizona and Kazakhstan, and now has five partnerships.

•

United States Southern Command (USSOUTHCOM) established four

partnerships in 1996–Missouri-Panama, Louisiana-Belize, Kentucky-Ecuador,

and West Virginia-Peru –and today has 21 partnerships.

•

United States Pacific Command (USPACOM) established a partnership with two

states–Guam and Hawaii–and the Philippines in 2000. It currently has six

partnerships.

•

United States Africa Command (USAFRICOM) established its first partnership,

New York-South Africa, in 2003, while much of Africa was still part of

USEUCOM. It currently has eight partnerships.

•

United States Northern Command (USNORTHCOM) has one partnership, Rhode

Island-Bahamas. It was established in 2005, when the Bahamas was within the

USSOUTHCOM area of responsibility.

See Appendix A for a full list of current state partnerships.

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Figure 2. Number of Partnerships in each Combatant Command

July 2011

Source: Congressional Research Service graphic based on data provided by the National Guard Bureau.

Typical Missions Performed

The SPP conducts a variety of activities in support of partner nations. A list of some common

types of partnership activities are provided below, along with a brief summary and an illustrative

example. According to NGB, the typical SPP event is a week-long subject matter expert

exchange, with three to five National Guard subject matter experts participating, with an average

cost of approximately $20,000.

•

Subject Matter Expert Exchanges. During these events, National Guard

personnel with expertise in a certain area share their knowledge with partner

nation personnel. For example, in 2005

[t]he Uruguayan Army’s Infantry and Engineer units in Montevideo and Maldonado hosted

the visit of U.S. Army National Guardsmen from Connecticut. During the [subject matter

expert exchange], delegates visited Uruguayan Army units and discussed a wide range of

topics to include peacekeeping and humanitarian de-mining operations, infantry and engineer

training, as well as soldier and officer training at unit level.6

•

Familiarizations. These are demonstrations of certain capabilities that the Army

or Air National Guard has, or discussions of policy issues related to those

capabilities. For example,

6

Announcement by National Guard Bureau of International Affairs (J5-IA), “Delegates visited Uruguayan Army units

and discussed a wide range of topics,” available at http://www.ng.mil/ia_backup/states/states/ct_uruguay.htm.

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in the late 1990s, the Pennsylvania National Guard was instrumental in assisting Lithuania

with the development of their Non-Commissioned Officer (NCO) Academy, which was

modeled after the U.S. NCO Education System. A total of 26 Lithuanian officers participated

in five train-the-trainer familiarization visits to Pennsylvania, with the focus on curriculum

development for NCO course preparation at the newly created Lithuanian NCO Academy in

Kaunas. These officers became acquainted with a diversity of topics such as medical

specialist instructor course development; field artillery NCO course development;

leadership; training management; democratic civil-military relations; NCO development;

interoperability; and emergency operations.7

•

Senior Leader Visits. These are visits between senior leaders of the state

National Guard, such as the adjutant general, and senior leaders of the partner

nation’s armed forces. For example,

[i]n May 2001, the Georgia Guard had the honor of hosting 12 representatives from the

Republic of Georgia along with representatives from the United States Department of State,

[the] Office of the Secretary of Defense, the Joint Staff and others for the Bilateral Working

Group in Savannah, Georgia. The high-level discussions focused on Defense Reform, the

Georgia Guard State Partnership Program, the Georgia Border Security Program, and the

Helicopter Program. Participants were also able to observe a B-1B bombing demonstration at

Hunter Army Airfield and activities at the Georgia Air National Guard Combat Readiness

Training Center.8

•

Operational Mentor and Liaison Teams. Operational Mentor and Liaison

Teams (OMLTs) provide mentoring and training for the Afghan National Army

(ANA) and serve as liaisons between the ANA and the International Security

Assistance Force (ISAF) in Afghanistan. They are composed of 13-30 personnel

from one or more countries. 9 National Guard personnel have embedded with

their partner nation’s OMLTs and accompanied them throughout their

deployments to Afghanistan (they have also conducted similar embedded

operations with partner nation forces in Iraq and Kosovo). One such deployment

from 2010 is described as follows:

Eleven Colorado Army National Guard Soldiers will pair up with 90 Slovenian soldiers and

deploy to Afghanistan this October to form an Operational Mentor and Liaison Team. Their

combined mission will be to train and mentor an Afghan National Army infantry battalion,

better empowering it in the use of infantry maneuvers and tactics, so the ANA can ultimately

take control of its military operations ... The [Colorado National Guard] and the Republic of

Slovenia have become strong allies over their 17-year collaboration through the National

Guard’s State Partnership Program.10

7

Announcement by National Guard Bureau of International Affairs (J5-IA), “Pennsylvania National Guard State

Partnership Program in the Republic of Lithuania,” available at http://www.ng.mil/ia_backup/states/states/

pa_lithuania%5B1%5D.htm.

8

Announcement by National Guard Bureau of International Affairs (J5-IA), “Georgia National Guard State Partnership

Program in the Republic of Georgia,” available at http://www.ng.mil/ia_backup/states/states/ga_georgia.htm.

9

NATO Headquarters, Fact Sheet: NATO’s Operational Mentor and Liaison Teams, June 2010, available at

http://www.isaf.nato.int/images/stories/File/factsheets-june/June%202010-Fact%20Sheet%20OMLT.pdf.

10

Bethany Fehringer, Colorado Guard Soldiers Train, Deploy with Slovenians, September 7, 2010, available at

http://co.ng.mil/News/Pages/100930_OMLT.aspx.

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The focus of SPP activities varies depending on the needs of the partner nation, the capabilities of

the state National Guard, the goals of the respective U.S. ambassador and the combatant

commander, and statutory authorities and restrictions. Some common focus areas are

•

disaster management and disaster relief activities,

•

military education,

•

non-commissioned officer development,

•

command and control,

•

search and rescue,

•

border operations,

•

military medicine,

•

port security, and

•

military justice.

Unique Aspects of the SPP

The SPP is based upon a variety of statutory authorities (detailed in the section entitled “Statutory

Authorities”). None of these authorities are specific to the SPP. They are authorities used

generally by active and reserve component forces to conduct security cooperation activities.

Accordingly, the SPP shares many similarities with other security cooperation activities carried

out by the military. However, there are at least four factors that make the SPP unique.

Enduring Relationships

One unique aspect of the SPP is the ability to forge relationships between particular individuals

over a long period of time. For active component personnel, a duty assignment that includes

regular contact with the military of a foreign nation would typically last for about two to three

years. At the end of the tour of duty, the U.S. servicemember would normally be reassigned as

part of his or her career progression. In contrast, National Guard personnel participating in the

SPP may well participate in engagements with partner nation military personnel repeatedly

throughout their career. This is due to both the duration of the state National Guard and foreign

nation partnership—some of which have been in existence for nearly two decades—and the

frequency with which National Guard personnel serve their entire reserve careers within one state

National Guard. Thus, for example, individuals who joined the Michigan National Guard in 1993

and continued to serve to the present would have had the opportunity to participate in SPP

activities with Latvia numerous times over the past 18 years. In that time, both the Guard

personnel and the foreign military personnel with whom they engaged will have been promoted to

higher ranks, potentially providing for strong relationships between the now fairly senior National

Guard and foreign military personnel. The ability to develop such long-term relationships are rare

for active component personnel because of career assignment policies. An additional benefit of an

enduring relationship is that it provides National Guard personnel with the opportunity to develop

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cultural knowledge, and potentially even language skills, based on their recurring contacts with

the partner nation.11

Special Capabilities

Another aspect of the SPP that distinguishes it from similar engagements by active component

forces stems from the National Guard’s dual status as both a state and a federal organization. In

its federal status, the National Guard is a reserve component of the Army and the Air Force and is

trained, organized, and equipped to conduct a wide spectrum of military activities. However, the

National Guard is also the organized militia of each state and in that capacity it routinely operates

under the control of its state governor, typically to respond to disasters and civil disorders.12

National Guard personnel in a “Title 32 status”13 have also conducted counterdrug, border

security, and airport security missions. The practical expertise the National Guard has acquired in

these areas may be complemented by the skills that National Guard personnel develop in their

civilian occupations. For example, a National Guard soldier may serve as an infantryman in his

Guard unit, but may be a state trooper, paramedic, or emergency dispatcher in his civilian job.14

The expertise that National Guard units have acquired in conducting these types of operations are

often in demand among foreign militaries, which frequently play a major role in their nation’s

disaster response plans, and which may play significant roles in their nation’s border security,

civil disorder, or counterdrug operations. Although active component forces have significant

expertise in these areas—as evidenced, for example, by the role played by active component

personnel in responding to the earthquake in Haiti and the floods in Pakistan in 2010—it is

typically not exercised with the frequency of National Guard forces and, in certain cases, is

intentionally limited by law.15

11

Language, regional and cultural skills were identified as “critical enablers” in the 2010 Quadrennial Defense Review,

which favorably noted a number of departmental initiatives to improve these skills. See Department of Defense,

Quadrennial Defense Review Report, Washington , DC, February 2010, pp. 18, 25, 29, 54, and 75,

http://www.defense.gov/qdr/images/QDR_as_of_12Feb10_1000.pdf. Congress has also expressed interest in language,

regional and cultural skills as evidenced by several provisions in recent National Defense Authorization Acts.

12

Unlike the Reserves, which are exclusively federal organizations, the National Guard is usually both a state and a

federal organization. The National Guard of the United States is made up of 54 separate National Guard organizations:

one for each state and one each for Puerto Rico, Guam, the U.S. Virgin Islands, and the District of Columbia. While the

District of Columbia National Guard is an exclusively federal organization and operates under federal control at all

times, the other 53 National Guards operate as state or territorial organizations most of the time. In this capacity, each

of these 53 organizations is identified by its state or territorial name (e.g., the California National Guard or the Puerto

Rico National Guard) and is controlled by its respective governor.

13

“Title 32 status” refers to the part of the U.S. Code that governs this duty status. National Guard personnel in Title 32

status operate under state control but with pay and benefits provided by the federal government. Typical duties

performed in this status include inactive duty for training (“weekend drill”) and annual training (AT) within the United

States, but may also include other duties under 32 USC 502(f). This is the provision of law that was used to provide

federal pay and benefits to the Guard personnel called up to provide security at many of the nation’s airports in the

aftermath of the terrorist attacks of September 11, 2001, to respond to Hurricanes Katrina and Rita in 2005, and to

assist with security on the southwest border in 2006-2008 and 2010-2011.

14

More broadly, National Guard personnel may have civilian skills outside of the “security sector” that can be of value

to partner nations. For example, they may have expertise in agriculture, health care, education, public utilities, and

logistics.

15

Most notably, the Posse Comitatus Act (18 USC 1385), along with other related laws and administrative provisions,

prohibits the use of the military to execute civilian laws unless expressly authorized by the Constitution or an act of

Congress. Active component forces are covered by these provisions. However, when acting in its capacity as the

organized militia of a state, the National Guard is not part of the federal military and thus is not covered by the Posse

(continued...)

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Nations Engaged

There is a limited supply of U.S. forces available to conduct security cooperation activities with

foreign nations. Thus, combatant commanders target security cooperation activities toward

foreign nations that they deem most important to engage at a given time. Some nations do not

“compete well” in this process and are passed over for security cooperation activities. Combatant

commanders target SPP activities toward their engagement priorities as well, but so long as a

partnership exists a baseline level of roughly three SPP events per year are conducted even if the

foreign nation is considered to be a comparatively low priority for engagement. From one

perspective, this may be considered a long-term investment in nations that, while not currently

priorities for engagement, may well become so in the future. From another perspective, this can

be interpreted as a misallocation of limited resources; the National Guard assets might be better

used engaging with higher priority nations.

Relationship with States

A final area in which the SPP differs from active component security cooperation activities lies in

the role of individual states in the relationship. Active component security cooperation activities

are purely federal in nature; there is no connection with any U.S. state. SPP activities have both a

federal and a state connection, and this latter relationship can be important from several

perspectives. For the state and the foreign nation, the SPP provides a link between senior state

and foreign nation officials. The adjutant general (the head of a state National Guard) is typically

a senior official in his or her state government, normally heading up the state department of

military affairs, and sometimes leading the state department of emergency management or

homeland security.16 This can provide a conduit for the state and the foreign nation to develop

relationships beyond that with the state National Guard—for example, enhancing economic ties

or conducting educational exchanges. From the federal perspective, a strong relationship between

a state and a foreign nation could potentially contribute to a stronger relationship between the

United States and the foreign nation.17 On the other hand, conflicts of interest could conceivably

develop between the state and the United States in their relationships with the partner nation.18

(...continued)

Comitatus Act. Only when it is called into federal service does the National Guard become subject to the act. As such,

the National Guard can be used by state authorities to enforce the law. For example, while acting in a state controlled

capacity, the National Guard has been used for riot control, counter-drug activities, and airport security.

16

For an overview of the roles played by adjutants general in the various states and territories, see Library of Congress

Federal Research Division, A Guide to Directors of Homeland Security, Emergency Management, and Military

Departments in the States and Territories of the United States, Washington, DC, December 2007, http://www.loc.gov/

rr/frd/pdf-files/CNGR_Guide-State-Directors-Rev.pdf.

17

For example, a strong state partnership could generate greater economic ties between the United States and the

foreign nation and instill an appreciation of American values among the citizens and leaders of the foreign nation.

18

A hypothetical example: Country A and Country B are competitors, and the United States desires to maintain

favorable relations with both of them. The governor of the state partnered with Country A is enthusiastic about building

economic and cultural ties and launches various initiatives to that effect, while the governor of the state partnered with

Country B does not consider the relationship particularly important. The leadership of Country B may resent the

stronger partnership that County A has, and express this resentment in its dealings with the United States government.

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Statutory Authorities

The SPP has no dedicated statutory authority; rather, SPP activities are currently carried out under

one or more Title 10 (Armed Forces), Title 32 (National Guard) and National Defense

Authorization Act authorities that are related to the types of missions conducted. The main

authorities that may be used by SPP are discussed below and summarized in Appendix B. There

are circumstances in which a state National Guard may operate under Title 22 (Foreign Relations

and Intercourse) authorities in support of their partner nation, but these activities are not

considered to be “SPP events” by NGB.19 For a fuller discussion of such Title 22 activities, see

Appendix C.

One authority under which SPP activities may be carried out is 10 U.S.C. 168. It provides

authority for the Secretary of Defense to fund military-to-military contacts “that are designed to

encourage a democratic orientation of defense establishments and military forces of other

countries.” Under 10 U.S.C. 168, the Secretary may provide funds for nine specific purposes: (1)

the activities of traveling contact teams, including transportation, translation services, or

administrative expenses; (2) the activities of military liaison teams; (3) exchanges of civilian or

military personnel between DOD and defense ministries of foreign governments; (4) exchanges

of military personnel between units of the armed forces and units of foreign armed forces; (5)

seminars and conferences held primarily in a theater of operations; (6) distribution of publications

primarily in a theater of operations; (7) personnel expenses for DOD civilian and military

personnel to the extent that these expenses relate to participation in an activity described at (3),

(4), (5), or (6) above; (8) reimbursement of military personnel appropriations accounts for the pay

and allowances paid to reserve component personnel for service while engaged in any of these

activities; and (9) the assignment of personnel described in (3) and (4) can be made on a nonreciprocal basis if the Secretary of Defense considers such an assignment in the interest of the

United States.

SPP activities may also use other authorities, including

•

10 U.S.C. 1051 (Bilateral or Regional Cooperation Programs). This provision

authorizes the Secretary of Defense to pay the travel, subsistence, and similar

personal expenses of defense personnel of developing countries in connection

with their attendance at a bilateral or regional conference, seminar, or similar

meeting, with certain restrictions. An amendment in 2002 specifically extended

this authority to NATO Partnership for Peace (PfP) country personnel traveling to

other PfP countries. Section 1051 requires that the Secretary of Defense

determine whether payment of authorized expenses is in the interest of U.S.

national security.

•

10 U.S.C. 1050 (Latin American Cooperation). Section 1050 is similar to

Section 1051, but specifically applies to the travel, subsistence, and special

compensation of officers and students of Latin American countries and other

expenses that the Secretary considers necessary for Latin American cooperation.

19

According to NGB representatives, SPP events only occur under Title 10, Title 32 and National Defense

Authorization Act authorities; any activity carried out by a state National Guard and its partner nation under a Title 22

authority is, by definition, not an SPP event.

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•

10 USC 1050a (African Cooperation). Section 1050a is nearly identical to

Section 1050, except that it applies to officers and students of African nations.

•

10 U.S.C. 2010 (Combined Exercises). This provision authorizes the Secretary

of Defense, after consultation with the Secretary of State, to pay incremental

expenses incurred by a developing country as a direct result of participation in

bilateral or multilateral military exercises. It requires that the exercises be

undertaken primarily to enhance the security interests of the United States and

that the Secretary of Defense determine whether a country’s participation is

necessary to achieve the fundamental objectives of the exercise.

Another set of authorities revolve around humanitarian and civic assistance. Of the Overseas

Humanitarian, Disaster Assistance, and Civic Assistance (OHDACA) programs, officials

interviewed by CRS specifically mentioned 10 U.S.C. 401 and 2561.

•

10 U.S.C. 401 (Humanitarian and Civic Assistance). This provision authorizes

DOD to carry out humanitarian and civic assistance activities in host nations in

conjunction with military operations, if the activities promote the security

interests of both nations and benefit the operational readiness skills of

participating armed forces personnel. Humanitarian and civic assistance is

defined to include medical, surgical, dental, and veterinary care in rural and

underserved communities, rudimentary construction and repair of public

buildings, well drilling, and construction of sanitary facilities and rudimentary

surface transportation systems.

•

10 U.S.C. 2561 (Humanitarian Assistance). This provision authorizes the

expenditure of humanitarian assistance funds for the transportation of

humanitarian relief and other humanitarian purposes.

Other humanitarian assistance authorities may also be used, however, including 10 U.S.C. 402,

404, and 2557 (see Appendix B for a brief description of each).

Several other security cooperation authorities have also been used in conjunction with SPP

activities according to those interviewed by CRS. One is 10 U.S.C. 2249c, the Regional Defense

Combating Terrorism Fellowship Program (CTFP), which authorizes the use of funds to pay the

costs associated with the attendance of foreign military officers, ministry of defense officials, or

security officials at U.S. military educational institutions, regional centers, conferences, seminars,

and at civilian venues, or other training programs conducted under the CTFP. Another is the

“Section 1206” building partnership capacity funding authority established by Section 1206 of the

FY2006 National Defense Authorization Act (P.L. 109-163, as extended and amended).20 A third

is the Cooperative Threat Reduction Program, which funds expenses related to preventing

weapons proliferation and other activities.21

20

Section 1206 authority has been used to train and equip foreign units deploying to Afghanistan, including

deployments where National Guard personnel accompany their partner nation forces. See the discussion of Operational

Mentor and Liaison Teams under “Typical Missions Performed”.

21

The Cooperative Threat Reduction Program is authorized through several pieces of legislation, including an

amendment to implementing legislation for the Conventional Armed Forces in Europe (CFE) Treaty (P.L. 102-228)

establishing the Soviet Nuclear Threat Reduction Act of 1991, Title XIV of the National Defense Authorization Act for

FY1993 (P.L. 102-484), and Title XII of the National Defense Authorization Act for FY1993 (P.L. 103-160).

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For SPP events conducted overseas, National Guard members are typically placed in a duty status

by orders issued under the authority of 10 U.S.C. 12301. For SPP events conducted within the

United States, National Guard members are placed in a duty status by order issued under 32

U.S.C. 502. This permits the participating members to receive appropriate military pay and

benefits.

Funding Mechanisms

Current funding for SPP activities includes the pay and allowances for the National Guard

participants, which are normally funded by the Army and Air National Guard Personnel accounts

of DOD appropriations. However, those who serve overseas full-time in support of the program

(see “Institutional Arrangements” section) have their pay and allowances covered by the active

component Army or Air Force Personnel account. Other significant costs for SPP are travelrelated expenses, such as transportation, lodging, and meals. These expenses may be incurred by

National Guard personnel or foreign military personnel participating in an SPP event. Such

travel-related expenses are typically paid for out of one of the Operations and Maintenance

(O&M) accounts, although some of the travel expenses for National Guard personnel may be paid

out of Personnel accounts. This O&M funding has historically flowed to SPP through a number

of programs and activities:

•

Traditional Combatant Commander’s Activities (TCA)

•

National Guard Bureau’s International Affairs Division

•

Combatant Commander’s Initiative Fund (CCIF)

•

Warsaw Initiative Fund/Partnership for Peace (WIF/PfP)

•

Combating Terrorism Fellowship Program (CFTP)

•

Cooperative Threat Reduction Program (CTR)

•

Asia-Pacific Regional Initiative Fund (APRI)

•

Latin American Cooperation (LATAM COOP)

•

Overseas Humanitarian, Disaster, and Civic Assistance (OHDCA)

•

Minuteman Fellowship (MMF; no longer in existence)

Institutional Arrangements

Much of the management of SPP activities is handled by SPP coordinators assigned to each

state’s National Guard headquarters, and by military officers assigned full-time to the U.S.

embassy accredited to the partner nation—normally from the state National Guard involved in the

partnership—whose duty description includes coordinating SPP and often other DOD security

cooperation activities. The COCOMs manage this latter group, providing for their pay and

performance evaluations. These officers serve in a Title 10 status, typically hold the rank of

Captain through Lieutenant Colonel, but have different titles and tours of duty depending on the

COCOM to which they are assigned. For example, officers serving in embassies within the

USEUCOM area of responsibility are known as Bilateral Affairs Officers (BAOs) and serve twoyear tours, which can be extended. Those in the USSOUTHCOM area of responsibility are

known as Traditional Commander’s Activities coordinators (TCAs) and are usually on six-month

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temporary duty assignments, which can be extended. In nations without a BAO, TCA, or similar

officer, the state’s SPP coordinator travels to the partner nation to coordinate SPP activities. The

National Guard Bureau would prefer to have a BAO, TCA, or similar officer stationed at the U.S.

embassy for each of the 63 partnerships, and it is currently working on a plan to fund this.

According to NGB representatives interviewed for this report, the U.S. ambassador to a given

country must approve the establishment of a state partnership with that nation, as well as all SPP

activities conducted therein. The process normally requires approval by the ambassador,

combatant commander, and the state National Guard before activities are conducted.22 If NGB

funds are used for an activity, the NGB must also approve the activity. In a “model” flow scheme,

proposed activities are (1) developed by the BAO, TCA, or SPP coordinator with the partner

countries; (2) discussed with and approved by the home state National Guard; (3) presented to the

ambassador for approval; and (4) presented to the combatant commander for final approval.

However, the actual process for coordinating SPP activities varies by country and COCOM.

Concerns About the SPP

Three broad concerns about the SPP have arisen. First, some past SPP events have included

funding for engagements involving U.S. civilians and foreign civilians when such funding

appears to have been beyond the scope of the law. Second, some allege that SPP activities have

not always been effectively linked to the priorities of the combatant commander and the U.S.

ambassador. Third, at a more general level, some are concerned that DOD security cooperation

activities, including SPP events, extend the influence of the U.S. military too far into the domain

of the Department of State and the U.S. Agency for International Development, resulting in a

“militarization of foreign policy.” Each of these concerns is discussed below.

Civilian Engagements

The SPP relies on a wide variety of statutory authorities to conduct its activities. Some of these

authorities are more permissive than others in terms of civilian engagement. For example, 10

U.S.C. 401 authorizes U.S. military personnel to provide “humanitarian and civic assistance” in

certain circumstances. Coordinating such assistance might require engagement with civilian

officials from the partner nation’s health, public safety, or transportation ministries. On the other

hand, 10 U.S.C. 168 is targeted toward “military-to- military contacts and comparable activities”

and most of the authorized activities under this provision involve U.S. or foreign military

personnel only. Funding for exchanges with foreign civilian personnel are authorized, but only if

they are part of the defense ministry of a foreign government.23

Concerns have been raised that certain past SPP events may have funded U.S. or foreign civilian

participation when such funding was outside the scope of the statutes involved.24 Such concerns

22

Section 1210 of the National Defense Authorization Act for FY2010, discussed later, prohibited funds from being

expended for SPP activities in foreign countries unless the activities were jointly approved by the combatant

commander and the chief of mission. Prior to this, such joint approval appears to have been part of the normal

procedure for SPP events, although it is unclear whether this procedure was followed in all cases.

23

See 10 U.S.C. 168(c)(3).

24

Some National Guard representatives have cited appropriations report language related to the State Partnership

Program as congressional authority to conduct military-to-civilian and civilian-to-civilian engagements. CRS was able

to find one instance of this type of language in a House Appropriations Committee report, although there may be

(continued...)

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appear to be the genesis of the statutory language in the National Defense Authorization Act

(NDAA) for FY2010 to require regulations on the use of funds for SPP activities and to mandate

reports on “civilian engagement activities” conducted under SPP (see “Recent Legislative and

Executive Branch Activity”). While DOD has not yet submitted the required reports to Congress

on civilian engagement activities, it appears that during 2009 and 2010, the SPP spent slightly

more than $1 million per year on costs associated with U.S. and foreign civilians participating in

SPP events, although it is unclear what proportion of these civilian engagements, if any, were not

in compliance with statutory requirements.25 According to some DOD representatives, combatant

commanders have recently been told to carefully examine programs to ensure that any foreign

civilians participating in SPP activities are there at the request of the partner country’s Ministry of

Defense (MOD) and contribute to the MOD’s ability to carry out its assigned mission. The NGB

has stressed that the SPP no longer funds purely non-defense related civilian engagements, but

simply acts as a sort of “clearing house” for information between interested civilian parties from

the state and partner nation.

Integration with Priorities of Combatant Commanders and Ambassadors

A second concern about the SPP is that its activities in certain countries have not been well

coordinated with the combatant command and the U.S. embassy, and as a result the activities

have not always been effectively linked with the priorities of the combatant commander or the

ambassador. It is difficult to assess the validity of this criticism with the limited data available.

However, if accurate, these comments might indicate the need for more robust and standardized

event coordination procedures to ensure that the priorities of the combatant commander and the

ambassador are incorporated throughout the SPP activity planning process. In the past few years,

the NGB has implemented procedures to address this concern for all of the SPP activities that it

funds, but this does not necessarily apply to SPP activities funded in other ways.26

Statute now prohibits funds from being expended for SPP activities in foreign countries unless the

activities are jointly approved by the combatant commander and the chief of mission for the U.S.

(...continued)

additional references elsewhere. H.Rept. 106-244, the report of the House Committee on Appropriations to accompany

H.R. 2561, the Department of Defense Appropriations Bill, 2000, July 20, 1999, page 111 states:

The Committee recommends $1,000,000 only for the National Guard’s State Partnership Program.

The Committee directs that these funds be used to support theater engagement opportunities for

National Guard soldiers and state civilian personnel who directly support the State Partnership

Program and civil-military engagement goals and for the National Guard Minuteman Fellows

Program which the Committee has supported in the past.

The $1,000,000 funding recommendation was included in the final conference report, but the accompanying language

regarding civil-military engagements was not.

25

As noted in “Statutory Authorities” and Appendix B, certain types of civilian engagements may be authorized,

depending on the authority invoked.

26

Since 2008, all requests for funding from NGB have required that the event “be approved by the Embassy and

COCOM”. Starting in FY2011, all requests for funding from NGB have had to include documentation that the SPP

activities “clearly serve to support the U.S. Chief of Mission (COM) and GCC’s [Geographic Combatant

Commander’s] theater and country security objectives.” However, the NGB does not fund all SPP events; those funded

from other sources, such as the Combatant Commands, are not governed by this policy, although the funding source

may be have a similar policy in place. See National Guard Bureau, National Guard Security Cooperation and State

Partnership Program Guide: Part II, Program Management, January 1, 2008, p. 30 and National Guard Bureau,

International Affairs Division, Memorandum for National Guard State Partnership Program Coordinators, Fiscal Year

2011 State Partnership Program Funding Guidance, October 29, 2010, paragraph 4(a)(4).

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embassy (see “Recent Legislative and Executive Branch Activity”).27 This is designed to ensure

that all future SPP activities are fully coordinated with the combatant command and the U.S.

embassy. However, the degree to which this requirement aligns SPP activities with combatant

commanders’ and ambassadors’ priorities will depend on how it is implemented in each country.

Events with a limited connection to these priorities could potentially be approved, simply because

the National Guard is able to conduct the event and the partner nation wants to participate.

Encroachment on DOS and USAID Responsibilities

Some SPP activities are conducted in conjunction with authorities that are the subject of a broader

concern about the “militarization” of U.S. foreign assistance.28 These include, in particular, the

“Section 1206” global train and equip authority (P.L. 109-163) and 10 U.S.C. 401 humanitarian

and civic assistance authority. For several years, some policymakers and experts have criticized

Section 1206 as a prominent example of the expansion of DOD authorities to train and educate

foreign military forces. (For the past 50 years, programs to train, equip, and educate foreign

military forces have generally been conducted under State Department authority). In addition,

DOD’s use of humanitarian and civic assistance exercises has been criticized as at times

inconsistent with or detrimental to long-term development goals in the countries where they are

carried out. In many cases these experts argue, such activities should be conducted by military

personnel under the aegis and funding of the State Department or USAID. The use of the National

Guard for these activities may add further dimensions to the militarization debate. Deployed

abroad, National Guard personnel are equivalent to other U.S. military personnel under U.S. law,

but they may also bring to bear a civilian’s skills, experiences, and sensibilities that may alleviate

some concerns when and if drawn upon for missions abroad.

Recent Legislative and Executive Branch Activity

The Senate version of the National Defense Authorization Act for FY2010 contained a provision

(Section 1212) addressing the availability of appropriated funds for the SPP. This provision

permitted the Secretary of Defense to use funds appropriated to DOD in FY2010 to pay the costs

incurred by the National Guard in conducting SPP activities to “(1) support the objectives of the

commander of the combatant command for the theater of operations in which such activities are

conducted” or “(2) to build international civil-military partnerships and capacity on matters

relating to defense and security.” The provision also prohibited funds to be expended for activities

in foreign countries unless the activities were jointly approved by the combatant commander and

the chief of mission for the U.S. embassy. Finally, it allowed members of other federal agencies to

participate in SPP activities, with their agencies reimbursing DOD for the cost associated with

their participation.29

27

P.L. 111-84, Section 1210, October 28, 2009, National Defense Authorization Act for FY2010.

For more on concerns over the militarization of U.S. foreign assistance, see CRS Report RL34639, The Department

of Defense Role in Foreign Assistance: Background, Major Issues, and Options for Congress, coordinated by (name re

dacted), and CRS Report RS22855, Security Assistance Reform: “Section 1206” Background and Issues for

Congress, by (name redacted).

29

S. 1390.

28

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The House version of the FY2010 NDAA had no similar provision.30 The conferees agreed to

revised language (Section 1210) to require the Secretary of Defense, in consultation with the

Secretary of State, to prescribe regulations regarding the use of funds appropriated to DOD to pay

for costs incurred by the National Guard in conducting activities under the SPP. It did not specify

what types of activities were authorized as the Senate provision had. It included the prohibition

on funds being expended for SPP activities in foreign countries unless the activities were jointly

approved by the combatant commander and the chief of mission, but dropped the language

concerning participation and reimbursement of expenses by personnel from other federal

agencies. It also added a requirement that the Secretary of Defense submit a report to the Armed

Services and Foreign Affairs Committees in the House and Senate describing “the civilian

engagement activities conducted under the State Partnership Program, including a detailed

description of the activities undertaken and funds expended in the previous fiscal year under the

State Partnership Program.”31

In response to the FY2010 NDAA requirement that the Secretary of Defense prescribe regulations

regarding the use of funds for SPP activities, DOD has drafted a Directive Type Memorandum

(DTM) which is in the final stages of approval. In the interim, the NGB sent out a planning

guidance memorandum in October 2010, which addressed the appropriate types and objectives of

SPP events that use NGB funding. Among other things, this guidance requires that “[t]he event

must be designed and executed such that the MoD of the PN [partner nation] is the focal point of

SPP interaction,” “[t]he event objective(s) must clearly serve to support the U.S. Chief of Mission

(CoM) and GCC’s [Geographic Combatant Commander’s] theater and country security

objectives,” and “the event must be approved by the appropriate GCC and the U.S. CoM of the

affected PN.”32

The FY2010 NDAA also mandated that DOD provide certain congressional committees with a

series of reports “describing the civilian engagement activities conducted under the State

Partnership Program.” The first of these reports was due January 26, 2010, with additional reports

on the topic due at the end of FY2010 through FY2013. As of this writing, neither the initial

report nor the FY2010 report had been submitted to Congress as required. However, it appears

that during 2009 and 2010, the SPP spent slightly more than $1 million per year on costs

associated with U.S. and foreign civilians participating in SPP events.

Issues for Congress

Have SPP Activities Been Consistent with Statutory Authority?

Some decision makers have raised concerns about the nature of SPP activities. Some past SPP

events may have included funding for U.S. civilian and foreign civilian participation when such

funding was outside the scope of the statutes involved (see “Civilian Engagements”). The NGB

has issued guidance intended to prevent such occurrences,33 and the Department of Defense is

30

H.R. 2647.

P.L. 111-84, Section 1210, October 28, 2009, National Defense Authorization Act for FY2010.

32

National Guard Bureau, Memorandum for National Guard State Partnership Program Coordinators, “Fiscal Year

2011 State Partnership Program Funding Guidance,” paragraph 4(a), October 29, 2010.

33

National Guard Bureau, International Affairs Division, Memorandum for National Guard State Partnership Program

(continued...)

31

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expected to release a Directive Type Memorandum in the near future more clearly specifying

authorized SPP activities.

Is SPP Effective?

In October 2010, the State Department in conjunction with the National Guard conducted a

survey of U.S. ambassadors, asking them for their perspective on various aspects of the SPP. Of

the 62 embassies surveyed, 41 responded. All but one respondent agreed that “the SPP was

valuable in helping meet [the] Post’s goals and objectives.” Several combatant commanders have

also commented favorably on the program during recent congressional testimony.34 To date,

however, written assessments of SPP have been limited in scope and focused on “outputs”—for

example, the number and type of events conducted with partner nations—rather than on

“outcomes,” such as improvements in specified capabilities of a partner nation or the impact on

specific defense reform initiatives of a partner nation. This lack of data is not specific to SPP but,

according to a recent RAND report, is common to security cooperation programs in general:

Security cooperation activities conducted by DoD entities with other nations’ defense

organizations range from the very visible—training, equipping, and exercising together—to

those that are less obvious, such as holding bilateral talks, workshops, and conferences and

providing education. Yet, it is often challenging to determine if these activities have

contributed to U.S. objectives—whether at the level of national security, department,

COCOM, or service—and if so, by how much or in what ways. Because security cooperation

is both dispersed and long-term, it is difficult to measure. At present, program assessments

are inconsistent and of varying quality. They may lack objectivity since they are frequently

conducted by the organizations that implement the programs. A comprehensive framework

for assessing is lacking, although efforts are in place to remedy that deficiency.35

The NGB’s International Affairs Division is currently developing “measures of effectiveness” that

will be used in the future to measure progress toward achieving program goals.

(...continued)

Coordinators, Fiscal Year 2011 State Partnership Program Funding Guidance, October 29, 2010,

34

“The State Partnership Program accounts for 45% of European Command’s military-to-military engagement....The

true value of this program is the enduring relationships that have been built over time, as many of European

Command’s state partnerships are approaching their twenty-year anniversaries. Perhaps the greatest example of how

critical these relationships are is that in 2010 National Guard personnel deployed to Afghanistan together with five

partner nations as members of Observer Mentor Liaison Teams and other forces training and fighting side-by-side.”

Statement of James G. Stavridis, Commander, United States European Command, before the Senate Armed Services

Committee, March 29, 2011. “The State Partnership Program is a superb tool that fosters a variety of military-tomilitary, military-to-civilian, and civilian-to-civilian engagements using National Guard and U.S. states’ capabilities...

.The State Partnership Program delivers programs and activities that build broad capabilities with our African partners.

The habitual relationships this builds adds tremendous value to our efforts. This program is very valuable to U.S.

Africa Command, and we look forward to expanding it as our African partners request greater participation. I urge your

continued support.” Statement of General William E. Ward, Commander, United States Africa Command, before the

Senate Armed Services Committee, March 9, 2010.

35

Jennifer D. P. Moroney, Jefferson P. Marquis, and Cathryn Quantic Thurston, et al., A Framework to Assess

Programs to Build Partnerships, RAND National Defense Research Institute, 2009, p. xiii, http://www.rand.org.

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What Role Should the State Department Play in SPP

Administration and Oversight?

Some policymakers may argue for a larger State Department role in SPP administration and

oversight from Washington, especially if they are concerned about the expansion of DOD into

foreign assistance-type activities. The Secretary of State is, by law, responsible for the direction

and oversight of all military education and training programs, no matter what title they fall

under.36 This duty is exercised directly for the traditional education and training programs

governed by Title 22 (Foreign Affairs) authorities. For Title 10 and other DOD authorities with a

training and education aspect, as well as for other foreign assistance activities, specific

requirements for the Secretary of State’s concurrence or consultation are sometimes written into

the law.37 In addition, the DOS has primary responsibility and authority for all foreign assistance

activities.38 Nevertheless, Congress has increasingly authorized DOD, through Title 10 or annual

legislation, to conduct security assistance and security cooperation programs. Some policymakers

and analysts have viewed this trend as detrimental to coherent U.S. foreign policymaking and

conduct over the long run.39 Others view security cooperation as an increasingly important “core

competency” of the U.S. military and advocate a broader role for the Department of Defense in

security assistance and security cooperation.

SPP activities are currently conducted under Title 10, Title 3240 and National Defense

Authorization Act authorities. A few of these authorities require a State Department role, but even

then the mandates are not consistent. Events conducted under 10 U.S.C. 168 (Military to Military

Contacts), 10 U.S.C. 401 (Humanitarian and Civic Assistance), and Section 1206 (P.L. 109-163,

as amended, Building Partnership Capacity) require the approval of the Secretary of State; 10

U.S.C. 2010 (Participation of Developing Countries in Combined Exercises) requires consultation

36

The Foreign Assistance Act of 1961, as amended (FAA, P.L. 87-195), provides in Section 622(c) (22 U.S.C. 2382)

that the Secretary of State, under the direction of the President, “shall be responsible for the continuous supervision and

general direction of economic assistance, military assistance, and military education and training programs… to the end

that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best

served thereby.” The FAA (Section 644) states “‘Military education and training’ includes formal or informal

instruction of foreign students in the United States or overseas by officers or employees of the United States, contract

technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical,

educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign

military units and forces.” (22 U.S.C. 2403(n))

37

For more on DOD education and training and other foreign assistance and foreign assistance-type authorities and

activities, see CRS Report RL34639, The Department of Defense Role in Foreign Assistance: Background, Major

Issues, and Options for Congress, coordinated by (name redacted). See also CRS Report R41817, Building the

Capacity of Partner States Through Security Force Assistance, by (name redacted).

38

The U.S. Army Operational Law Handbook for 2010 notes the State Department’s legal authority to conduct foreign

assistance (citing 22 U.S.C. 2151, FAA Section 101) and states that “The general rule in Funding U.S. Military

Operations is that the Department of State (DoS) has the primary responsibility, authority, and funding to conduct

Foreign Assistance on behalf of the USG [U.S. Government]. Foreign assistance encompasses any and all assistance to

a foreign nation, including Security Assistance (assistance to the internal police forces and military forces of the foreign

nation), Development Assistance (assistance to the foreign government in projects that will assist the development of

the foreign economy or their [sic] political institutions), and Humanitarian Assistance (direct assistance to the

population of a foreign nation).” Judge Advocate General’s Legal Center and School, U.S. Army, Operational Law

Handbook, Charlottesville, VA, 2010, pp. 223-224.

39

For more information on this, see CRS Report RS22855, Security Assistance Reform: “Section 1206” Background

and Issues for Congress, by (name redacted).

40

Title 32 is only used for SPP events conducted within the United States. 32 U.S.C. 502 is used to place National

Guard personnel in a duty status, permitting them to receive appropriate military pay and benefits.

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with Secretary of State; and 10 U.S.C. 2557 (Excess-Non-Lethal Supplies) involves the Secretary

of State. (For most of these, however, the Secretary of State apparently has delegated coordination

responsibility.) The remaining authorities used for SPP events (see Appendix B ) have no

statutory requirement for any level of State Department involvement. However, in the case of at

least one authority, 10 U.S.C. 2249c (Regional Defense Combating Terrorism Fellowship

Program), DOD and the State Department have established an informal coordination system.

Currently, the State Department does not play a systematic role in SPP administration and

oversight globally. Unlike some other DOD security cooperation activities, no one at the State

Department is charged with the responsibility of overseeing all SPP programs. State Department

involvement is focused at the embassy level, where the ambassador (or other chief of mission)

must approve SPP proposals. At the State Department itself, country desk officers are informed of

SPP activities. Issues arising from SPP missions are handled by the country desks and their

regional bureaus. In addition, the Bureau of Political-Military Affairs and Office of the Special

Representative for Global Intergovernmental Affairs (S/SRGIA) often engage the NGB on policy

matters pertaining to the SPP.

Should SPP Have a Dedicated Statutory Authority?

To some Members of Congress, the expansion of the SPP to 63 partnerships over the past two

decades requires that they be conducted under a new, coherent, overarching SPP authority, rather

than under multiple and diverse Title 10 and NDAA authorities. From this perspective, a single

statute could provide a clear, coherent, and permanent framework for the National Guard to

conduct SPP activities, clarifying purposes and permitted events, standardizing interagency

coordination, and regulating the use of funds. For instance, a dedicated SPP statute might be used

to set a single standard for State Department input. It might also be used to mandate centralized

oversight of the program. Currently, the NGB approves activities that it funds, and the COCOMs

exercise approval over SPP activities that they fund. No single organization, however, is

responsible for overseeing and standardizing all activities. The lack of a set of standards for SPP

and of a single oversight body may have contributed in the past to confusion about what

constitutes an appropriate SPP event; some past SPP events might have been outside the scope of

the statutes involved.

Should the Contours of the Program Be Modified?

Among those interviewed for this report, a number who were directly involved with SPP

suggested that the program could better serve U.S. interests if it were modified in one or more of

the following ways. One approach would focus the program on specific mission sets in which the

National Guard has particular expertise or civilian acquired skills. Another approach would allow

greater participation by U.S. civilians in SPP events. A third perspective would include a wider

range of foreign civilians as participants. However, such changes were critiqued by other

individuals interviewed.

Types of Missions Performed

The National Guard is a unique organization in that it is both a state and a federal entity. In its

federal status, the National Guard is a reserve component of the Army and Air Force, and focuses

on developing and using military skills. As a state organization, however, it focuses largely on

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emergency management, particularly with respect to natural disasters, and responding to civil

disorders. This expertise can be especially valuable to partner nations in which the military plays

a leading role in responding to natural disasters, securing the nation’s borders, or controlling civil

unrest. Some supporters of the SPP argue that the program should be reshaped to recognize this

unique niche that the National Guard can fill. On the other hand, this could open the program and

participants to scrutiny if partner nation personnel were trained in a manner inconsistent with

military doctrine, were trained on topics not covered by military doctrine, or received inconsistent

training due to the varied backgrounds of the instructors.

Scope of U.S. Participation

Some supporters of the SPP argue that, while remaining “Guard-centric,” it should be adapted to

become a “whole of government” program. From this perspective, the National Guard would

remain the backbone of the program, but federal, state, and local government employees should

also be allowed to participate in the program if they could contribute effectively to a given event.

Under this vision, if a SPP event in a foreign country were to focus on emergency management,

there might be participants from the Federal Emergency Management Agency, the state

emergency management agency, and local first responders in addition to the National Guard

participants.

Another aspect of this concept would allow National Guard personnel to participate based on

their civilian acquired skills, rather than just their military skills. This would allow the National

Guard to provide a broader array of expertise to foreign nations in support of U.S. objectives. For

example, some National Guard personnel have civilian employment with police or other law

enforcement institutions. Their civilian expertise could be used to share information and advice

with countries in which the United States had a strong interest in enhancing the administration of

justice and rule of law. However, permitting this would likely raise concerns about the content of

the information provided, to ensure that it supports U.S. objectives, and the need to standardize

the program of instruction for the purpose of consistency.

Such a shift in the staffing and nature of SPP events might call into question the management of

the SPP by DOD. With a broader array of governmental participation, the DOS might be better

suited to oversee the program, perhaps with DOD as the executive agent.

Authorized Foreign Participants

The NGB recently issued guidance for SPP events that it funds which limits participation by

foreign civilians (see “Recent Legislative and Executive Branch Activity”). Under this guidance,

foreign civilians could participate in an SPP event in certain circumstances—for example, if they

worked for the foreign nation Ministry of Defense (MOD), or in certain cases if they were invited

by the MOD—but funding for engagements with other foreign civilians were generally not

authorized. Some supporters of SPP argue that these restrictions do not always correspond well

with the structure of foreign governments, and that they erect a barrier to what have in the past

been fruitful areas of cooperation. With respect to the first point, supporters note that some

countries have armed forces that do not fall under the MOD, but may instead fall under a border

security agency or an independent counterterrorism agency. With respect to the second point,

supporters argue that foreign civilian agencies often play a critical role in the stability and

security of their nations, and interacting with these agencies can advance U.S. security interests.

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For example, they note that non-defense ministries—such as a Ministry of Interior or a Ministry

of Emergency Situations—often have “security sector” type responsibilities.

Options for Congress

Monitor Implementation of the Directive Type Memorandum

The DOD regulations regarding funding for activities conducted under the SPP, as required by

Section 1210 of the FY2010 National Defense Authorization Act, are supposed to be finalized in

the near future by way of a Directive Type Memorandum (DTM). The DTM will subsequently be

converted into a Department of Defense Instruction (DODI). Monitoring its implementation will

allow Congress to determine whether it effectively defines appropriate activities and constrains

unauthorized activities. It should also provide Congress with additional information on areas of

the program that merit particular attention if Congress later elects to codify the program in law.

However, as the DTM is bound by existing statutory guidance, it will have a limited ability to

resolve some of the tensions relating to types of missions performed, authorized participants, and

oversight responsibilities.

Direct Periodic Evaluations

To ensure that the SPP is contributing substantially to U.S. objectives, and in a cost-effective

manner, Congress may wish to review the SPP’s program goals, assessment methodology, and

internal assessments. Congress may also wish to evaluate how robustly SPP events support key

plans, including combatant commanders’ Theater Campaign Plans (TCPs) and U.S. ambassadors’

Mission Strategic and Resource Plans (MSRPs). It could do this through committee hearings or

by requiring periodic reports to Congress on the topic. Alternatively, it could direct a review by an

external agency, such as the Government Accountability Office.

Require Centralized Approval of SPP Activities

NGB currently exercises approval authority over any activities that it funds, but not over

activities that COCOMs fund. Each COCOM exercises approval authority over SPP activities

within its area of responsibility, but not over activities elsewhere. There is no centralized

oversight of the program. This may increase the possibility of mistakes being made in the

administration of the program. Requiring a single organization—such as NGB, the Defense

Security Cooperation Agency, or the Department of State—to have approval authority over all

SPP activities might facilitate a more standardized approach to the program and thereby improve

program administration. On the other hand, adding an additional layer of management could

make event coordination cumbersome.

Codify the State Partnership Program in Law

Because of the wide array of statutory authorities and funding sources that SPP currently draws

upon, it takes significant effort and legal guidance to determine which SPP activities are

permissible and which are not. This may generate confusion and lead to approval of SPP activities

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that are outside the scope of the law. Therefore, Congress may consider establishing specific

parameters for SPP activities in law.

Depending on the content of the DTM that DOD is currently developing for the SPP, Congress

may consider a variety of statutory responses. Congress could codify that guidance if it sets

adequate standards and procedures to ensure the appropriate use of funds and adequate oversight.

If the DOD guidance lacks those elements, Congress may develop its own guidelines for the

program. This authority might contain a list of the type of events permitted, the purposes they are

to serve, the appropriate funding sources, a mandate for State Department approval or

consultation, and periodic reports to Congress. This approach might have drawbacks. Depending

on how it is drafted, such a law might restrict the current broad range of SPP activities and

impose new requirements that limit flexibility and timeliness. SPP activities may also be more

difficult to implement under a law if it contains more coordination requirements than under

current authorities governed by unifying DOD guidance.

If Congress chooses to codify the program in law, some areas that may deserve particular

attention are detailed below.

Authorized Activities and Participants

Some have advocated modifications to the current program focusing on missions sets in which

the National Guard has particular military expertise or in which National Guard personnel have

civilian expertise, allowing certain U.S. civilians and a wider range of foreign civilians to

participate in SPP events. Congress may include language that details the scope of authorized

activities, the extent to which U.S. citizens other than members of the National Guard can

participate, and the types of foreign personnel they can engage. It may require standardized

programs of instruction for topics that fall outside of current military doctrine. If state, local, or

private sector individuals are allowed to participate in SPP, Congress may establish the

circumstances under which their participation can be funded by the federal government and

provide for reimbursement mechanisms in other circumstances.

Effectiveness

Though determining the effectiveness of security cooperation programs such as SPP is inherently

challenging, it is an area that Congress may wish to address in any SPP statute. To this end,

Congress may consider defining certain program goals in law, provide some guidance on an

assessment methodology, stipulate the frequency of assessments, assign responsibility to a

particular office, and require periodic reports from the executive branch on the topic.

Role of the State Department

If Congress were to adopt a new statute governing the SPP, some may question whether it should

be placed under Title 10 of the U.S. Code, which covers the armed forces, or Title 22, in which

the State Department generally has the lead. Those who prefer Title 10 would note that SPP

activities are currently conducted under Title 10 and NDAA authorities, and that SPP funding is

provided through the DOD budget. In addition, SPP programs may be more flexible and easier to

implement under Title 10.

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On the other hand, the State Department has used the National Guard for Title 22 training

activities with their foreign partners (see Appendix C), and some Members may prefer that SPP

events be placed under Title 22. SPP events may have side effects for foreign policy not

anticipated by state government and DOD planners or ambassadors. Some may argue for greater

State Department oversight to ensure that state governments are aware of foreign policy concerns

and guidelines, especially if these events are accompanied by or lead to non-defense-related

engagements of U.S. and foreign civilians.

If placed under Title 22, the program could take on more of a public diplomacy role. For example,

Congress might more readily provide authority under Title 22 for SPP to use National Guard

troops for activities using their civilian skills instead of just their military skills. Similarly, under

Title 22 authority Congress might be more willing to dispense with the requirement under some

Title 10 authorities used for SPP that the primary purpose of training events be the training of

U.S. forces, possibly providing a broader range of activities for SPP.

Placing SPP under Title 22, however, may well add another layer of complexity for state-based

organizations with little experience operating with the Department of State. It might weaken the

ability of the combatant commanders to use SPP to engage with foreign militaries, and thereby

reduce their interest in supporting the program. In addition, placing SPP under Title 22 might shift

the focus away from using the military skills of the National Guard personnel in favor of their

civilian expertise, which could limit the utility of SPP in exercising the military skills of

participants. Finally, State Department capacity to oversee military programs is viewed as having

limitations and some may argue for augmenting this capacity before adding additional duties.

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Appendix A. State Partnerships: Table and

World Map

Table A-1. List of State Partnerships as of July 2011

Alabama / Romania

Kansas / Armenia

North Carolina / Moldova

Alaska / Mongolia

Kentucky / Ecuador

North Dakota / Ghana

Arizona / Kazakhstan

Louisiana / Belize

Ohio / Hungary

Arkansas / Guatemala

Louisiana / Haiti

Ohio / Serbia

California / Nigeria

Louisiana / Uzbekistan

Oklahoma / Azerbaijan

California / Ukraine

Maine / Montenegro

Oregon / Bangladesh

Colorado / Jordan

Maryland / Bosnia

Pennsylvania / Lithuania

Colorado / Slovenia

Maryland / Estonia

Puerto Rico / Dominican Republic

Connecticut / Uruguay

Massachusetts / Paraguay

Puerto Rico / Honduras

Delaware / Trinidad-Tobago

Michigan / Latvia

Rhode Island / Bahamas

District of Columbia / Jamaica

Michigan / Liberia

South Dakota/Suriname

Florida / Venezuela

Minnesota / Croatia

Tennessee / Bulgaria

Florida / Guyana

Mississippi / Bolivia

Texas / Chile

Florida & Virgin Islands / Regional

Security System (Eastern

Caribbean Islands)

Missouri / Panama

Utah / Morocco

Georgia / Georgia

Montana / Kyrgyzstan

Vermont / Macedonia

Hawaii / Indonesia

Nebraska & Texas/Czech Republic

Vermont / Senegal

Hawaii & Guam / Philippines

New Hampshire / El Salvador

Virginia / Tajikistan

Idaho / Cambodia

New Jersey / Albania

Washington / Thailand

Illinois / Poland

New Mexico / Costa Rica

West Virginia / Peru

Indiana / Slovakia

New York / South Africa

Wisconsin / Nicaragua

Iowa / Kosovo

North Carolina / Botswana

Wyoming / Tunisia

Source: National Guard Bureau.

Note: The Regional Security System, partnered with the Florida and U.S. Virgin Island National Guard, is a

collective security agreement for seven island nations in the Eastern Caribbean: Antigua and Barbuda, Barbados,

Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines.

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Figure A-1. Map of State Partnerships as of July 2011

Source: Congressional Research Service, based on data provided by the National Guard Bureau.

Note: Numbers on the map refer to the specific state partnership listed below the map with the same number.

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Appendix B. Title 10 and National Defense

Authorization Act Authorities That May Be Used by

the SPP

Table B-1. Title 10 and NDAA Authorities Used by the SPP

Statutory

Authority

Purposes

10 USC 166a

Combatant Commanders Initiative Fund. The Chairman of the Joint Chiefs of Staff may make funds

available to Combatant Commanders for a variety of purposes, including joint exercises,

humanitarian and civic assistance, military education and training for foreign military and related

civilian personnel, and personnel expenses of defense personnel for bilateral and regional

cooperation programs.

10 USC 168

Military to Military Contacts (also referred to as Traditional Commander’s Activities). Authorizes

the Secretary of Defense “to conduct military to military contacts and comparable activities

that are designed to encourage a democratic orientation of defense establishments and military

forces of other countries.” Authorized activities include traveling contact teams, military liaison

teams, exchanges of military personnel between U.S. and foreign units, exchanges of military

and civilian personnel between DOD and a foreign defense ministry, seminars and conferences

held primarily in a theater of operations, reimbursement of military personnel appropriations

accounts for the pay and allowances of reserve component personnel engaged in such

activities, and the assignment of DOD civilians and military personnel on a non-reciprocal

basis. No activities may be conducted under this authority in a foreign country without the

approval of the Secretary of State.

10 USC 184

Regional Centers for Security Studies. Authorizes the Secretary of Defense to administer five

regional centers for security studies, which are to serve as forums for “bilateral and multilateral

research, communications, and exchange of ideas involving military and civilian participants.”

The five centers are the George C. Marshall European Center for Security Studies in Germany,

the Asia-Pacific Center for Security Studies in Hawaii, the Center for Hemispheric Defense

Studies in Washington, DC, the Africa Center for Strategic Studies in Washington, DC, and the

Near East South Asia Center for Strategic Studies in Washington, DC. Participants may include

military, civilian, and non-governmental personnel from the United States and foreign countries.

10 USC 401

Humanitarian and Civic Assistance Provided in Conjunction with Military Operations. The Secretary of

a military department may carry out humanitarian and civic assistance activities in conjunction

with ongoing military operations as the Secretary determines it will be beneficial to the security

interests of both the U.S. and the affected foreign country, and will promote the operational

readiness skills of the U.S. military personnel who participate. The Secretary of State must

approve any such assistance. Humanitarian and civic assistance as defined in this statute

includes medical, surgical, dental, and veterinary assistance to underserved areas, including

education, training, and technical assistance related to the care provided; construction of

rudimentary roads; well drilling and constructing basic sanitation facilities; and rudimentary

construction and repair of public facilities.

10 USC 402

Transportation of Humanitarian Relief Supplies to Foreign Countries. The Secretary of Defense may

transport humanitarian relief supplies furnished by a non-governmental source to any country,

on a space-available basis, without charge. This authority may also be used in certain

circumstances to transport supplies to respond to an event that threatens environmental harm

(such as an oil spill).

10 USC 404

Foreign Disaster Assistance. At the direction of the President, the Secretary of Defense may

provide transportation, supplies, services and equipment outside the United States to respond

to natural or man-made disasters, in order to save lives or prevent serious harm to the

environment.

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Statutory

Authority

Purposes

10 USC 1050

Latin American Cooperation: Payment of Personnel Expenses. “The Secretary of Defense or the

Secretary of a military department may pay the travel, subsistence, and special compensation of

officers and students of Latin American countries and other expenses which the Secretary

considers necessary for Latin American cooperation.”

10 USC 1051

Multilateral, Bilateral, or Regional Cooperation Programs: Payment of Personnel Expenses. “The

Secretary of Defense may pay the travel, subsistence, and similar personal expenses of

developing countries in connection with the attendance of such personnel at a multilateral,

bilateral, or regional conference, seminar, or similar meeting if the Secretary determines that

the attendance of such personnel…is in the national security interests of the United States”

and such other expenses in connection with the meeting as the Secretary considers in the

national security interests of the United States. Normally, these expenses may only be paid for

travel to, from, or within the area of responsibility of the combatant command in which the

conference, seminar or meeting is held, with exceptions.

10 USC 2249c

Regional Defense Combating Terrorism Fellowship Program. Under regulations prescribed by the

Secretary of Defense, DOD funds may be used to pay any costs associated with the education

and training of foreign military officers, defense officials, or security officials at educational

institutions, regional centers, conferences, seminars, or other training programs conducted

under the Regional Defense Combating Terrorism Program. Expenditures capped at $35

million per fiscal year.

10 USC 2557

Excess Non-Lethal Supplies. The Secretary of Defense may provide excess non-lethal DOD

supplies for humanitarian relief purposes. Such supplies must be transferred to the Secretary of

State, who is responsible for distribution.

10 USC 2561

Humanitarian Assistance. Funds authorized to be appropriated to DOD for humanitarian

assistance shall be used to provide transportation of humanitarian relief and for other

humanitarian purposes. The Secretary of Defense may use funds authorized for humanitarian

assistance to transport supplies intended to be used to respond to events that threaten serious

harm to the environment (such as an oil spill) if other sources are not available.

Section 1082,

P.L. 104-201

Agreements for Exchange of Defense Personnel Between the United States and Foreign Countries. The

Secretary of Defense may enter into agreements to exchange military and civilian personnel of

DOD with military and civilian personnel of a foreign defense ministry. Exchanged personnel

may be assigned to positions as instructors; DOD personnel may be assigned to positions in

private industry that support the foreign defense ministry.

Section 1206,

P.L. 109-163

Authority to Build Capacity of Foreign Military Forces. “The President may direct the Secretary of

Defense to conduct or support a program to build the capacity of a foreign country’s national

military forces in order for that country to (1) conduct counter-terrorist operations; or (2)

participate in or support military and stability operations in which the United States Armed

Forces are a participant.” Such a program may include providing equipment, supplies, and

training. The program shall include elements that promote respect for human rights and

fundamental freedoms and respect for legitimate civilian authorities within that nation. The

program shall be jointly developed by the Secretary of Defense and the Secretary of State, and

the Secretary of Defense shall coordinate with the Secretary of State on its implementation.

Section 1207,

P.L. 111-84

Authority for Non-Reciprocal Exchanges of Defense Personnel Between the United States and Foreign

Countries. The Secretary of Defense may enter into agreements with the governments of allied

or friendly foreign countries for the exchange of military and civilian personnel of the foreign

defense ministry. They may be assigned to positions in the Department of Defense.

Source: Title 10, United States Code, and cited public laws.

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Appendix C. State Partnerships and Title 22

Authorities

According to NGB representatives, the SPP currently operates only under Title 10, Title 32 and

National Defense Authorization Act authorities. Under this definition, therefore, SPP events do

not occur under Title 22 authorities at the present time. However, there are circumstances in

which a state National Guard might operate under Title 22 authorities in support of their partner

nation. For example, a nation that is approved to receive peacekeeping training under the Global

Peace Operations Initiative (GPOI) may request that the state National Guard it is partnered with

provide some of the trainers. If such a request were approved by the appropriate DOS and DOD

officials, then GPOI funds would be used to fund some of the expenses associated with the state

National Guard training of its partner nation’s forces. While these are not considered to be “SPP

events” by NGB, the distinction may not be apparent to many of those participating in the

training.

Individuals interviewed for this report referred to three Title 22 authorities that have been used in

the past to fund training by a state National Guard with its partner nation. They are listed below.

Determining the frequency of such Title 22 events was outside the scope of this report, but they

appear to have been relatively infrequent in comparison to the frequency of Title 10 SPP events.

Appropriations for these three Title 22 programs are provided under the State Department’s

Security Assistance (previously the Military Assistance) account.

Global Peace Operations Initiative. Through GPOI the U.S. government provides foreign

military forces from developing countries with training in peacekeeping skills and helps develop

associated peacekeeping capacity. GPOI was built on the earlier African Contingency Operations

Training and Assistance (ACOTA) program and its Africa component often is still referred to by

that acronym. The State Department is primarily responsible for the program, but works closely

with DOD to plan and implement programs through DOD’s Defense Security Cooperation

Agency (DSCA) and the geographic Combatant Commands. Authorization is provided by Section

551 of the Foreign Assistance Act of 1961 (FAA, P.L. 87-195; 22 U.S.C. 2348), as amended.

International Military Education and Training Program. The IMET program provides foreign

military personnel with the opportunity to attend a variety of U.S. military educational institutions

and training courses. The Expanded-IMET (E-IMET) component provides foreign civilian and

military leaders and mangers of foreign military establishments with opportunities to enhance

their skills in managing and administering military establishments and budgets, creating and

maintaining effective military judicial systems and military codes of conduct (including

observance of international recognized human rights), and fostering respect for the principle of

civilian control of the military. The State Department, with input from DOD, decides which

foreign countries will be permitted to participate and their respective funding levels. DOD’s

DSCA implements the program. Authorization is provided by Section 541 of the Foreign

Assistance Act (FAA, P.L. 87-195; 22 U.S.C. 2347), as amended.

Foreign Military Sales and Foreign Military Financing Programs. The FMS program is the

United States government’s primary vehicle for sales of weapons and associated equipment and

training to friendly foreign governments. Through the FMF element of the program, the U.S.

government may extend loans to countries that have difficulty paying for needed weapons,

military equipment, and related items, or it may forgive payments altogether. The State

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Department is primarily responsible for determining which nations receive military assistance

from this program. DOD’s DSCA bears primary responsibility for implementing the program.

FMS is authorized by Sections 1-4 of the Arms Export Control Act (AECA, P.L. 90-629; 22

U.S.C. 2751 - 2754), as amended; FMF is authorized by Section 23 of the AECA (22 U.S.C.

2763).

Author Contact Information

(name redacted)

Specialist in Military Manpower Policy

[redacted]@crs.loc.gov, 7-....

Congressional Research Service

( name redacted)

Specialist in International Security Affairs

[redacted]@crs.loc.gov, 7-....

28

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