	Introduction

Security cooperation provisions in the FY2017 National Defense Authorization Act (NDAA) have escalated ongoing debates over U.S. security sector assistance to foreign countries and raised questions regarding whether existing authorities are able to meet current and evolving requirements. Since World War II, the U.S. Department of State has served as the lead agency in guiding U.S. security assistance to foreign countries, with long-standing authorities codified in Title 22 (Foreign Relations) of the U.S. Code and funded through congressional appropriations to the State Department. Over time, however, and particularly since the terrorist attacks of September 11, 2001, Congress has granted DOD new authorities in annual NDAAs and in Title 10 (Armed Services) of the U.S. Code to engage in "security cooperation" with foreign militaries and other security forces—now considered by DOD to be an "important tool" for executing its national security responsibilities and "an integral element of the DOD mission." The incremental nature of Congress's adjustments to DOD's Title 10 authorities, however, has resulted in some 80 or more provisions that are described as an unwieldy "patchwork," which complicates the management, application, and oversight of such engagements. Congress enacted many of these DOD authorities to respond to emerging threats, but also imposed limits on their scope, application, and duration, sometimes based on country- or region-specific conditions and concerns. Provisions in the FY2017 NDAA, particularly those in the Senate-passed version of the bill ( S. 2943 ), could also alter the way in which DOD conducts security cooperation programming, the relationship between DOD and the State Department on security cooperation and security sector assistance matters, and Congress's oversight of related funding and programming. Security Cooperation "Reform" Proposals in the FY2017 NDAA

In April 2016, following a review of its security cooperation authorities, DOD formally submitted 10 proposals for the FY2017 NDAA to Congress that would consolidate several authorities already located in Title 10 of the U.S. Code and codify other temporary authorities and reporting requirements into a new chapter within Title 10, entitled "Security Cooperation." The House-passed version of the FY2017 NDAA, H.R. In addition, S. 2943 offered provisions that would centralize all DOD security cooperation programs under a new funding mechanism; create a professionalized security cooperation workforce; support budgeting transparency; and require assessment, monitoring, and evaluation of security cooperation programs and activities. Proposals would also variously alter the statutorily required role of the State Department in overseeing security cooperation programs by changing existing requirements that the Secretary of State approve or jointly formulate certain existing DOD programs and activities. In July 2016, the FY2017 NDAA went to conference to resolve differences between the House- and Senate-passed versions, and the lame duck session beginning in November is expected to address the NDAA conference report. Key Proposed Changes

As part of the proposed enactment of a new chapter in Title 10 of the U.S. Code devoted specifically to security cooperation, nearly 60 existing provisions in Title 10 or public law may variously be transferred, codified, modified, consolidated, repealed, or otherwise affected. 2282 on "Authority to Build the Capacity of Foreign Security Forces" with a new permanent authority that is much broader. 10 U.S.C. 4909 . Changes to Broaden the Scope of Existing DOD Authorities

In addition to proposed changes to DOD's "global train and equip" authority, other proposals, particularly those envisioned by DOD and S. 2943 , would substantively expand the scope of DOD's existing authorities to conduct security cooperation program and activities in several respects. Examples of such changes include the following: 
Expanding the purposes for which security cooperation is authorized . Expanding authorized activities. Increasing the types of foreign personnel that can b enefit from DOD engagement . Changing funding limits and related provisions. In particular, despite broad recognition that several of the Senate-proposed provisions could improve the execution and administration of security cooperation programs and activities, some indicate that the next Administration may require longer timeframes for (1) DOD and the State Department to develop regulations for the coordination of security cooperation and security assistance programs and activities, (2) DSCA to administer the changes envisioned by the security cooperation proposals, and (3) DOD to establish and use a central funding mechanism for building foreign security forces capacity through the SCEF. Others have emerged as flashpoints in a broader debate over DOD's role in security cooperation. While the conference report is not yet released, it is expected to be brought before the House and Senate during the lame duck session. Many anticipate that security cooperation policy questions will continue to challenge policymakers in the next Administration and the 115 th Congress.
During the lame duck session, the 114th Congress is expected to consider various provisions in the annual defense authorization bill that address U.S. security sector cooperation. If enacted, the FY2017 National Defense Authorization Act (NDAA) could significantly alter the way in which the U.S. Department of Defense (DOD) engages and partners with foreign security forces.
Policy Debate in Context
Successive U.S. Administrations have emphasized the importance of strengthening foreign military partnerships to achieve shared security goals. Over time, the legal authorities underpinning some of these efforts have moved beyond the "traditional" suite of foreign assistance programs authorized in Title 22 (Foreign Relations) of the U.S. Code, which are overseen by the U.S. Department of State and often implemented by DOD. In support of such a shift, Congress has incrementally provided DOD with some 80 or more authorities, apart from those in Title 22, to interact with foreign security forces and defense ministries and respond to emerging threats.
These authorities, enacted through NDAAs and amendments to Title 10 (Armed Services) of the U.S. Code, have enabled DOD to pursue a wider range of direct engagements with foreign partners—collectively described by DOD as "security cooperation." These authorities, however, vary in scope, application, duration, and reporting requirements. Congress has also imposed limits based on country- or region-specific conditions and concerns.
Proposals in the FY2017 NDAA
In April 2016, DOD submitted 10 proposals to Congress, seeking to address what it describes as an unwieldy "patchwork" of security cooperation authorities. Responding to DOD's proposals, both the House and Senate versions of the FY2017 NDAA (H.R. 4909 and S. 2943, respectively) contain provisions intended to bring greater coherence to DOD's security cooperation enterprise.
Central to these proposals is a new chapter in Title 10 on "Security Cooperation." As part of the proposed changes, nearly 60 existing provisions in Title 10 or public law would be affected or modified. Proposals would also variously alter the statutorily required role of the State Department in overseeing and approving security cooperation programs. Some proposals would substantively change the scope of DOD's existing authorities by
expanding the purposes for which security cooperation is authorized; expanding authorized activities; broadening the geographical scope of security cooperation; increasing the types of foreign personnel that can benefit from DOD engagement; and changing funding limits and related provisions.
S. 2943 contains some of the most far-reaching changes, particularly in its replacement of 10 U.S.C. 2282 ("Authority to Build the Capacity of Foreign Security Forces") with a broader authority. S. 2943 would additionally offer new provisions, including several that aim to enable DOD to better manage security cooperation through
a new funding mechanism called the "Security Cooperation Enhancement Fund"; improved workforce training through a "Security Cooperation Workforce Development Program"; enhanced budgeting transparency and reporting requirements to Congress; and required assessment, monitoring, and evaluation.
Outlook
Some of the proposed provisions in the FY2017 NDAA have broad appeal, while others have emerged as flashpoints in a larger debate over DOD's role in security sector assistance. The FY2017 NDAA also raises questions over whether security cooperation policy architecture is adequately structured to meet current and evolving requirements and whether the mechanisms of congressional oversight are adequately tailored to current levels of activity.
The FY2017 NDAA went to conference on July 8, 2016. The conference report, while not yet public, is expected to be brought before both the House and Senate when the 114th Congress returns from recess in November 2016. Beyond the FY2017 NDAA, many analysts anticipate that security cooperation issues will continue to feature on the policymaking agenda in the next Administration and the 115th Congress.
For further reading on broader security sector assistance debates, see CRS Report R44444, Security Assistance and Cooperation: Shared Responsibility of the Departments of State and Defense; CRS Report R44602, DOD Security Cooperation: An Overview of Authorities and Issues; and CRS Report R44313, What Is "Building Partner Capacity?" Issues for Congress.