Training and exercises with foreign forces

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1. The definitions that run through the chapter

Chapter 16 of title 10 opens with definitions that apply to every security cooperation authority in it, including the training authorities discussed here. Security cooperation programs and activities of the Defense Department are any program, activity (including an exercise) or interaction with a foreign security establishment for one of three purposes (10 U.S.C. 301). They are building allied and friendly capabilities for self-defense and multinational operations, giving American forces access in peacetime or a contingency, and building relationships that promote specific American security interests.

Three other definitions shape what can be paid for. A developing country is whatever the Secretary of Defense prescribes it to be for the chapter, in accordance with a provision of the National Defense Authorization Act for Fiscal Year 2017. Small-scale construction means construction costing no more than $2,000,000 for any project (10 U.S.C. 301).

Incremental expenses are the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services a country consumes as a direct result of taking part in authorized activities (10 U.S.C. 301). They exclude any form of lethal assistance other than training ammunition. They also exclude pay, allowances and the other normal costs of the country’s personnel. The appropriate committees of Congress are the Armed Services, Foreign Relations or Foreign Affairs, and Appropriations Committees of the two houses.

2. Training with foreign forces

The general authority is short. The armed forces may train with the military forces of a friendly foreign country, or with its other national security forces that perform a similar function. The condition is a determination by the Secretary of Defense that doing so is in the national security interest (10 U.S.C. 321(a)).

Two expectations are attached. To the maximum extent practicable, the training should support the mission essential tasks of the participating American unit. It should also include elements that promote observance of and respect for human rights and fundamental freedoms, and respect for legitimate civilian authority in the foreign country (10 U.S.C. 321(a)).

3. What the Department may pay

Payment authority rests with the Secretary of a military department or the commander of a combatant command, under the Secretary of Defense’s regulations (10 U.S.C. 321(b)). Three kinds of expense may be paid. The first is the expenses of forces assigned or allocated to the command for the training and exercises. The second is the incremental expenses of a friendly foreign country incurred as a direct result of participating. The third is small-scale construction directly related to accomplishing the training and exercises effectively.

The purpose test points back at American forces. "The primary purpose of the training and exercises for which payment may be made under subsection (b) shall be to train United States forces" (10 U.S.C. 321(c)(1)). Partners should be selected, and the training planned and prioritized, consistently with guidance on the Department’s security cooperation programs (10 U.S.C. 321(c)(2)).

Two practical rules help with timing. Funds available for a fiscal year may pay for training and exercises that begin in that year and end in the next (10 U.S.C. 321(d)). The Secretary must also report to the appropriate committees at least quarterly on the training and exercises conducted in the preceding 90-day period (10 U.S.C. 321(e)).

4. The controls in the regulations

The statute tells the Secretary of Defense what the regulations must contain, and the regulations go to the two Armed Services Committees (10 U.S.C. 321(f)). Activities under the section may be carried out only with the Secretary’s prior approval. There must be accounting procedures to ensure the spending is appropriate. And the payment of incremental expenses must be limited to developing countries, except in exceptional circumstances specified in the regulations.

5. Special operations forces

Special operations forces have their own training authority. The commander of the special operations command, and of any other combatant command, may pay the expenses of training assigned special operations forces with a friendly foreign country’s armed forces and other security forces (10 U.S.C. 322(a)). The costs of deploying those forces for the training are covered too. Where the partner is a developing country, the incremental expenses it incurs as a direct result of the training may also be paid.

The same logic applies as for general training. The primary purpose must be to train the command’s own special operations forces (10 U.S.C. 322(b)). The regulations must require the Secretary of Defense’s prior approval and establish accounting procedures (10 U.S.C. 322(c)). For this section, special operations forces include civil affairs forces and military information support operations forces (10 U.S.C. 322(d)).

Reporting is annual and detailed. By April 1 each year, the Secretary of Defense reports to Congress on the training paid for in the preceding fiscal year (10 U.S.C. 322(e)). The report lists the countries involved and the type of training, including whether it related to counter-narcotics or counter-terrorism. It also gives the duration, the number of American personnel involved, and the expenses paid.

The report then covers the partner side and the wider program. It states the number and service affiliation of the foreign personnel, and the physical and financial contribution of each host nation. It explains how the training relates to other overseas training programs, summarizes spending, and discusses the unique training benefit to American special operations forces (10 U.S.C. 322(e)).

6. A program run by a partner

One newer section concerns training that a partner, not the United States, conducts. The Secretary of Defense may pay expendable training supplies, travel, subsistence and similar personnel expenses, and special compensation, for participation in the training program Colombia conducts under the United States-Colombia Action Plan for Regional Security (10 U.S.C. 335(a)). Payment may cover defense personnel of friendly foreign governments and, with the Secretary of State’s concurrence, other government and nongovernmental personnel.

The developing country limit applies here as well. Payment for personnel from another country requires a determination that it is necessary to respond to extraordinary circumstances and is in the national security interest (10 U.S.C. 335(b)).

7. What the money buys

Across these sections, payments for partners are limited to goods and services consumed in training, such as rations, fuel and transportation, and to small-scale construction tied directly to it. Partner pay and allowances stay with the partner. The rules on exchanging personnel and paying for foreign liaison officers are covered in personnel exchanges and liaison officers.

Key terms

Incremental expenses	Rations, fuel, training ammunition, transportation and other goods and services a partner consumes by taking part.
Small-scale construction	Construction costing no more than $2,000,000 for any project.
Mission essential tasks	The tasks of the participating American unit, which training with foreign forces should support.
Special operations forces	For the special operations training authority, forces that include civil affairs and military information support operations forces.
Quarterly training report	The report to Congress on training and exercises with foreign forces in the preceding 90 days.

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

Exercises with partners depend on fuel, transport, rations and secure sites being in place on time. 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.