State Partnership Program - Statutory Authority

Statutory Authority

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:

• 10 U.S.C. 168 (Military-to-military contacts and comparable activities) This provision 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.”
• 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.
• 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.
• 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.
• 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.
• 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.
• 10 U.S.C. 2249c (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.
• National Defense Authorization Act, Section 1206 – funding authority for events related to Building Partnership Capacity.
• Cooperative Threat Reduction Program – funding related to preventing weapons proliferation and other activities.

For SPP events conducted overseas, National Guard members are 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 orders issued under 32 U.S.C. 502. This permits the participating members to receive appropriate military pay and benefits.