Appendix 8 - Section 332(b) - Non-Resident Advisory Programs - Defense Institutional Capacity Building
S332b-NonRA
SC
No
Permanent
Global
Provides:
- Advisory Services
- Training
Section | Title |
|---|---|
S332b-NonRA.1. | |
S332b-NonRA.2. | |
S332b-NonRA.3. | |
S332b-NonRA.4. | |
S332b-NonRA.5. | |
S332b-NonRA.6. | |
S332b-NonRA.7. | |
S332b-NonRA.8. | |
S332b-NonRA.9. |
S332b-NonRA.1.1. Non-Resident Advisory Programs. Section 332(b) grants the Secretary of Defense (SECDEF) authority to provide advisors or training and associated training support services to personnel of partner ministries of defense (or ministries with security force oversight) or regional organizations with security missions. Section 332(b) is used to support persistent non-resident advisory services and associated training integral to the purpose and effective execution of the advising activities.
S332b-NonRA.1.2. Section 332(b) activities must support one of the following purposes:
- Enhancing civilian oversight of foreign security forces;
- Establishing responsible defense governance and internal controls in order to help build effective, transparent, and accountable defense institutions;
- Assessing organizational weaknesses and establishing a roadmap for addressing shortfalls; and
- Enhancing ministerial, general or joint staff, or service level core management competencies.
S332b-NonRA.1.3. DSCA implements this authority through a variety of providers, including the Institute for Security Governance and the Defense Institute of International Legal Studies.
S332b-NonRA.1.4. Section 332(b) activities must receive concurrence from the Secretary of State (SECSTATE) and the DoD approval via DSCA.
S332b-NonRA.1.5. While typically Section 332(b) is used to provide advising activities, Section 332(b) may also be used as a means to provide formal training integral to the purpose and effective execution of the advising activities. Other security cooperation (SC) training authorities should be relied upon to execute any training activities that are un-related to the overarching Section 332(b) purpose.
S332b-NonRA.1.6. Types of permissible Section 332(b) training activities:
S332b-NonRA.1.6.1. Advisory Services (Informal Training). Section 332 is primarily used to implement advisory services, which is an informal type of training. The services are often carried out by non-resident advisors in a consultative environment, to provide highly tailored institutional capacity recommendations and advice to partners that are typically accomplished over the course of multiple engagements.
S332b-NonRA.1.6.2. Formal Training. Formal training may be conducted as part of Section 332 if it is required to achieve the objective of a broader Institutional Capacity Building effort.
S332b-NonRA.1.6.3. Partner Travel. If necessary to accomplish the Section 332(b) training, the implementer may fund DoD partner travel costs to the training location.
S332b-NonRA.1.6.4. Other. There may be other permissible costs associated with the training effort such as paying for a venue or administrative support costs such as translation and interpretation.
S332b-NonRA.2.1. Leahy Vetting. Security cooperation (SC) provided pursuant to 10 U.S.C. 332 requires Leahy vetting, in accordance with 10 U.S.C. 362 (the “DoD Leahy Law”). Application of the vetting requirement to Section 332 training or other SC will be consistent with guidance provided by the August 18, 2014, Secretary of Defense (SECDEF) memorandum, “Implementation of Section 8057, DoD Appropriations Act (division C of P.L. 113-76) (“the DoD Leahy law”),” as well as with procedures prescribed in the State’s 2017 Leahy Vetting Guide. Whether vetting should be accomplished in a manner analogous to unit or individual vetting depends upon the nature of the proposed Section 332(b) activity. Generally, Section 332(b) advising activities should vet the assisted unit and that unit’s principal. Section 332(b) activities that are analogous to formal training (seminar, workshop, or course with an agenda) should vet the individuals who participate in the training event. If an implementer is uncertain how to procedurally accomplish vetting for a given activity, the implementer may seek input from the U.S. country team or American Institute in Taiwan.
S332b-NonRA.2.2. Implementers may also seek advice regarding application of the vetting requirement to a specific DoD-funded activity or Section 332(b) line of effort from the component’s legal adviser or DSCA (Front Office, Office of the General Counsel (FO/OGC)).
S332b-NonRA.2.2.1. Leahy vetting is required before any assistance is provided to the partner. However, the lack of Leahy vetting does not prevent an implementer from engaging with a partner for administrative purposes, or to gather information for assessment of the feasibility of a proposed Section 332 effort. Such engagements may not provide any assistance to the partner.
S332b-NonRA.7.1. Each fiscal year quarter, the Secretary of Defense (SECDEF) will submit to the appropriate committees of Congress a report on activities under the program during the preceding fiscal year quarter. Each report will include, for the fiscal year quarter covered by such report, the following:
S332b-NonRA.7.1.1. A list of activities under the program.
S332b-NonRA.7.1.2. A list of any organization described in Section S332b-NonRA.7.1.1. to which the SECDEF provided advisors or trainers under the program, including the number of such advisors or trainers so provided, the duration of each provision of such an advisor or trainer, a brief description of the activities of each advisor or trainer so provided, and a statement of the cost of each provision of such an advisor or trainer.
Legislation | Subject |
|---|---|
Training of Personnel of Foreign Ministries With Security Missions |
S332b-NonRA.9.1. N/A