Guide
Title 22 or Title 10: which authority is behind a case?
, Foreign Military Financing and are Title 22 programs: the Secretary of supervises them and the Department of War administers them. A case is paid for with the partner's own funds or Foreign Military Financing and signed by the partner. Title 10 programs such as Section 333 are funded with U.S. appropriations and executed through Building Partner Capacity cases, which the partner does not sign or pay for.
Title 22 and Title 10 answer the same four questions differently. Security assistance rests on the Foreign Assistance Act and the Arms Export Control Act, is supervised by the Secretary of State and administered by DoW; Foreign Military Financing and IMET come from the Foreign Operations appropriation, while a Foreign Military Sales purchaser pays with its own national funds, which no U.S. appropriation provides. Security cooperation programs rest on Title 10 or the annual NDAA, are funded by DoW appropriations, and deliver through Building Partner Capacity cases (BPC LOAs, or “pseudo-LOAs”) that the Benefitting Partner does not sign. Some State funds reach DoW through a Section 632(b) Interagency Agreement, the obligating document.
Title 22 or Title 10: which authority is behind a case?
Title 22 programs are customarily implemented and managed by DOS. While under the authority of DOS, DoW provides material assistance and related training to international partners to develop specific capabilities and/or capacities. The following programs are authorized by either the Foreign Assistance Act () (22 U.S.C. 2151, et. seq.) or the (22 U.S.C. 2751, et. seq.):
- Direct Commercial Sales ()
- Drawdowns
- Global Peace Operations Initiative ()
- Nonproliferation, Antiterrorism, Demining, and Related Programs (NADR)
- Peacekeeping Operations ()
- Third-Party Transfers
While under the authority of DOS, DoW provides materiel assistance and related training to international partners to develop specific capabilities and/or capacities. These programs are also authorized by either the Foreign Assistance Act () (22 U.S.C. 2151, et. seq.) or the (22 U.S.C. 2751, et. seq.):
- Foreign Military Financing Program (FMFP)
- Foreign Military Construction Sales (FMCS)
- International Military Education and Training ()
- Leases
Under the authority of Title 10, Chapter 16, and/or the current National Defense Authorization Act, DoW provides material assistance and related training to international partners to develop specific capabilities and/or capacities. This training and equipping is usually executed using DoW Operations and Maintenance () funding, but, in some instances, Congress appropriates additional funding for DoW to conduct these programs. Although it is DoW funding, these programs, and all , must be coordinated with DOS. practitioners refer to these programs as . programs are executed using a , and all require congressional notification.
Each program will have its own unique authorization that will influence its execution guidelines and fiscal law constraints.
References
SAMM
- SAMM C1.2.2 — Legislative Authorities for Security Cooperation.
- SAMM C15.1.6.2 — Requesting Authority.
- SAMM C15.3.10.1 — Surcharges and Accessorial Charges.
- SAMM C11.3.3.1.1.2 — Title 10 Obligations
- SAMM C1.1.2.2 — Security Assistance Programs.
- SAMM C15.1.3 — Department of Defense Building Partner Capacity Cases.
Related
Foreign Military Sales (FMS)
A process, authorized by the Arms Export Control Act, through which eligible foreign governments and international organizations may purchase defense articles, services, and training from the United States Government.
SAMM Glossary, as of 12 September 2026
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IMET — International Military Education and Training
SAMM Acronyms, as of 12 September 2026
Security Assistance (SA)
A group of programs authorized by federal statutes by which the United States provides defense articles, military training, and other defense-related services by grant, lease, loan, credit, or cash sales in furtherance of national policies and objectives, and those that are funded and authorized through the Department of State to be administered by Department of Defense/Defense Security Cooperation Agency, which are considered part of security cooperation.
SAMM Glossary, as of 12 September 2026
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Arms Export Control Act (AECA)
The basic U.S. law providing the authority and general rules for the conduct of Foreign Military Sales and commercial sales of defense articles, defense services, and training. The Arms Export Control Act (AECA) came into existence with the passage of the Foreign Military Sales Act (FMSA) of 1968. An amendment in the International Security Assistance and AECA of 1976 changed the name of FMSA to the AECA.
SAMM Glossary, as of 12 September 2026
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DCS — Direct Commercial Sales
SAMM Acronyms, as of 12 September 2026
Economic Support Fund (ESF)
A USG security assistance program through which economic assistance is provided on a grant basis, to selected foreign governments. The funds may be used to finance imports of commodities, capital, or technical assistance in accordance with the terms of a bilateral agreement; counterpart funds thereby generated may be used as budgetary support. These funds enable a recipient to devote more of its own resources to defense and security purposes than it otherwise could do without serious economic or political consequences (Formerly termed "Security Supporting Assistance").
SAMM Glossary, as of 12 September 2026
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GPOI — Global Peacekeeping Operations Initiative
SAMM Acronyms, as of 12 September 2026
International Narcotics Control And Law Enforcement (INCLE)
Counter drug bureau/programs managed by Department of State, but can have materiel, services, and training support provided and managed by DoD using Security Cooperation assets and procedures.
SAMM Glossary, as of 12 September 2026
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Excess Defense Articles (EDA)
Defense articles owned by the USG which are neither procured in anticipation of military assistance or sales requirements, nor procured pursuant to a military assistance or sales order. EDA are items (except construction equipment) that are in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all DoD components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations.
SAMM Glossary, as of 12 September 2026
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Military Assistance Program (MAP)
That portion of the United States Security Assistance program authorized by the Foreign Assistance Act of 1961, as amended, which once provided defense articles and services to recipients on a nonreimbursable (grant) basis. Funding for MAP was consolidated under the Foreign Military Financing program beginning in Fiscal Year 1990.
SAMM Glossary, as of 12 September 2026
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Security Cooperation
Activities undertaken by the DoD to encourage and enable international partners to work with the United States to achieve strategic objectives. It includes all DoD interactions with foreign defense and security establishments, including all DoD-administered security assistance programs, that: build defense and security relationships that promote specific U.S. security interests, including all international armaments cooperation activities and security assistance activities; develop allied and friendly military capabilities for self-defense and multinational operations; and provide U.S. forces with peacetime and contingency access to host nations.
SAMM Glossary, as of 12 September 2026
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Building Partner Capacity (BPC) Programs
Security cooperation and security assistance activities funded with USG appropriations (not including Foreign Military Sales Credit and Military Assistance Program/Merger).
SAMM Glossary, as of 12 September 2026
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Letter of Offer and Acceptance (LOA)
The legal instrument used by the USG to transfer itemized defense articles, defense services, and design and construction services to foreign partners.
When used under the authorities provided in the Arms Export Control Act for Foreign Military Sales, the LOA is a binding agreement signed by the USG and the foreign partner to transfer such articles and services.
When used under Building Partnership Capacity (BPC) authorities, the BPC LOA is not signed by the Benefitting Partner.
SAMM Glossary, as of 12 September 2026
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Combatant Command (CCMD)
A unified or specified command with a broad continuing mission under a single commander established and so designated by the President, through the Secretary of Defense and with the advice and assistance of the Chairman of the Joint Chiefs of Staff. Also called CCMD.
SAMM Glossary, as of 12 September 2026
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DSCA — Defense Security Cooperation Agency
SAMM Acronyms, as of 12 September 2026
Glossary entry →Defense Security Cooperation Agency (DSCA) →
Implementing Agency (IA)
The military department or defense agency responsible for the execution of military assistance programs. With respect to FMS, the military department or defense agency assigned responsibility by the Defense Security Cooperation Agency to prepare an LOA and to implement an FMS case. The implementing agency is responsible for the overall management of the actions that will result in delivery of the materials or services set forth in the LOA that was accepted by a foreign country or international organization.
SAMM Glossary, as of 12 September 2026
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Memorandum of Request (MOR)
A document prepared and submitted by the Requesting Authority which identifies requirements and initiates the case development process under a Building Partner Capacity program.
SAMM Glossary, as of 12 September 2026
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FMS — Foreign Military Sale
SAMM Acronyms, as of 12 September 2026
Contract Administration Services (CAS)
All those actions accomplished in or near a contractor's plant for the benefit of the U.S. government which are necessary to the performance of a contract or in support of the buying offices, system/project managers, and other organizations, including quality assurance, engineering support, production surveillance, pre-award surveys, mobilization planning, contract administration, property administration, industrial security, and safety.
SAMM Glossary, as of 12 September 2026
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