Operational support and ministry of defense advisors

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1. Support tied to designated operations

The fourth subchapter of chapter 16 of title 10 covers support for operations and capacity building. Its first section lets the Secretary of Defense support friendly foreign countries in connection with operations the Secretary designates (10 U.S.C. 331(a)). The designation is the gate. The Secretary decides which operations qualify and must notify the appropriate committees of Congress of each designation (10 U.S.C. 331(b)).

A designation does not last indefinitely. Each year the Secretary must review the operations currently designated and decide whether each merits continuing designation for another year. If one is continued, the committees must be told of the continuation (10 U.S.C. 331(b)).

2. Five kinds of support

The section lists what may be provided (10 U.S.C. 331(c)). The first is logistic support, supplies and services to a partner’s security forces taking part in an operation with American forces, or in a military or stability operation that benefits American national security interests.

The second is narrower logistic support. It may go to a partner’s military forces solely to make their logistics systems interoperable for a combined operation with the United States. It may also go to a nonmilitary logistics, security or similar agency of a friendly government, where that would directly benefit American forces.

The third is procurement of equipment to lend to a partner’s forces in a coalition or combined operation supported by the United States. The loan is meant to enhance their capabilities or increase interoperability with American forces and other coalition partners. The fourth is specialized training for partner personnel in connection with the operation, including training before deployment.

The fifth is small-scale construction for a partner’s forces in a coalition or combined operation. It must be directly linked to their ability to take part effectively and limited to the geographic area of the operation. Where it results in small-scale construction above $750,000, the notice to Congress must give the location, project title and cost of each project. It must also include a Department of Defense Form 1391 for each, and a masterplan of planned infrastructure investments at the location (10 U.S.C. 331(c)(5)).

3. Operations without American forces

Support may reach a partner in an operation the United States is not taking part in, but only through a harder process. The Secretaries of Defense and State must jointly certify to the appropriate committees that the operation is in the national security interests of the United States. Support may then begin only after a 15-day period starting on the date of certification (10 U.S.C. 331(d)(1)).

The certification comes with a report (10 U.S.C. 331(d)(2)). It describes the operation and its geographic area, lists the participating countries, and describes the type and duration of the support. It sets out the American national security interests the operation supports. It also describes each entity with which the partner is engaged in hostilities, and whether each is covered by an authorization for the use of military force.

4. Limits on the authority

Every provision of support under the section needs the concurrence of the Secretary of State (10 U.S.C. 331(e)). The section is not a way around other restrictions: "The Secretary of Defense may not use the authority in subsection (a) to provide any type of support described in subsection (c) that is otherwise prohibited by any provision of law" (10 U.S.C. 331(f)).

Two annual ceilings apply (10 U.S.C. 331(g)). Logistic support, supplies and services under the first, fourth and fifth categories may not exceed $450,000,000 in aggregate value in any fiscal year. The interoperability and nonmilitary agency support in the second category is capped at $5,000,000 a year. The term logistic support, supplies and services takes its meaning from the definitions section of the acquisition and cross-servicing subchapter (10 U.S.C. 331(h)).

5. Advisors inside foreign defense ministries

The second section in this group turns from operations to institutions. With the concurrence of the Secretary of State, the Secretary of Defense may run a program assigning Defense Department civilians and members of the armed forces as advisors (10 U.S.C. 332(a)). They go to foreign ministries of defense, or security agencies serving a similar defense function, and to regional organizations with security missions.

The advisors serve one of two purposes. They may provide institutional, ministerial-level advice and other training in support of stabilization or post-conflict activities. Or they may help the ministry or organization build core institutional capacity, competencies and capabilities to manage defense-related processes (10 U.S.C. 332(a)).

6. Training for ministry staff

A companion program, also with the Secretary of State’s concurrence, provides advisors or trainers to train personnel of foreign defense ministries, ministries with security force oversight, and regional organizations with security missions (10 U.S.C. 332(b)(1)). Four purposes are named. They are enhancing civilian oversight of foreign security forces, and establishing responsible defense governance and internal controls for effective, transparent and accountable institutions. They also include assessing organizational weaknesses with a roadmap to address shortfalls, and enhancing core management competencies at ministerial, staff or service level. Other purposes consistent with the advisor authority are allowed.

The program is reported annually. By February 1 each year, the Secretary reports on the preceding fiscal year (10 U.S.C. 332(b)(2)). The report lists the activities and the organizations that received advisors or trainers, with the number, duration, activities and cost of each. It must also give a comprehensive justification of any activities carried out for the other purposes.

7. Notice before an advisor joins a regional organization

Assignments to regional organizations carry an extra step. At least 15 days before assigning an advisor to a regional organization with a security mission, the Secretary must notify the appropriate committees (10 U.S.C. 332(c)). The notice names the organization and gives the location and duration of the assignment. It describes the training or assistance proposed, the justification, the advisor’s unique capabilities, and how the assignment serves American national security interests.

These authorities sit alongside the capacity building authority described in section 333, the authority to build partner capacity. The cross-servicing definitions that section 331 relies on are covered in what an acquisition and cross-servicing agreement is.

Key terms

Designated operation	An operation the Secretary of Defense designates for partner support, notified to Congress and reviewed each year.
Joint certification	The Defense and State certification, with a 15-day wait, required to support an operation without American forces.
DD Form 1391	The construction project form required in the notice for small-scale construction above $750,000.
Ministry of defense advisor	A Defense Department civilian or service member assigned to advise a foreign defense ministry or regional organization.
Defense institution capacity building	Advice and training that help foreign ministries manage defense-related processes and govern their forces.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Partner forces in coalition operations need logistics, secure movement and life support close to the operation. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.