2010 Defense Authorization nears passage Share This /

Here are some notes on relevant sections of the recently enacted 2010 National Defense Authorization Act, compiled by Senior Fellow George Withers at the Washington Office on Latin America. This bill establishes or renews legal authority for programs that provide about one-quarter of all U.S. assistance to the Western Hemisphere's security forces.

A House-Senate Conference Committee finalized its report (111-288) on the 2010 Defense Autorization bill (H.R. 2647) on Wednesday, October 7th, and sent it to the House floor on the 8th, where it was adopted. The Senate is expected to approve it soon.

Items in the bill of import for Latin American security are as follows:

4 of the 10 sections in Title XII, Matters Relating to Foreign Nations, are of interest.

• Section 1201 - Reauthorizing "Section 1207" transfers to the State Department for economic and social development assistance. Authorizes a one-year extension of authority for the security and stabilization assistance authorities originally set forth in the NDAA FY06 bill, known as "1207 authorities" or "security and stabilization assistance." Of particular interest beyond the bill language is the Statement of Managers language, which reads, in part, "[T]he conferees reaffirm that Congress has always intended for this transfer of authority to be temporary and are disappointed that the Department of State has not yet achieved the capacity to fulfill its statutory requirements. The conferees urge the administration to work toward this goal as rapidly as possible."

• Section 1203 - Annual Report on Foreign Assistance. Makes permanent the earlier requirement that the Department of Defense provide an annual report on foreign-assistance related programs carried out by the Department of Defense. The section also added the humanitarian and civil assistance provided through the Combatant Commander's Initiative Fund as an authority subject to the reporting requirement.

• Section 1204 - State and Defense Authorities Report. Requires a report from the President by March, 2010, on the relationship between security cooperation authorities of the Department of Defense and the security assistance authroities of the Department of State to train, equip or otherwise build the capacity of foreign nations, and to address the distinctions between the authorities. It is another "strengths and weaknesses" report very much like the 1206(f) report in the original NDAA FY06 language, asking for recommendations on whatever changes may be needed to make the authorities more efficient. Depending on how such a report is written and implemented, this could have a dramatic impact on either further blurring the lines between State and Defense, or it could finally begin the process of returning these foreign policy authorities to State.

• Section 1206 - Reauthorizing the "Section 1206" program allowing use of Defense budget funds to train and equip foreign militaries. Reauthorizes the original 1206 authorities and makes a minor modification which would limit the amount that could be spent in countries in which the U.S. military is active (essentially Iraq and Afghanistan) to $75 million per year.

Also of interest in Title X, General Provisions:

• Section 1083 - Release of Names of WHINSEC Students and Trainers. Requires the Secretary of Defense to release to the public, upon request, the names of the students and instructors at the Western Hemisphere Institute for Security Cooperation (WHINSEC). It includes a provision under which the Secretary may waive the requirement if it is determined to be in the national interest.

• Section 1084 - Sense of Congress Endorsing WHINSEC. The Section 1083 requirement to release names is followed by Section 1084 which is another Sense of Congress endorsement of WHINSEC, noting among other things, that it "promotes democracy, subordination to civilian authority, and respect for human rights," and that it "is an essential tool to educate future generations of Latin American leaders."

Also of interest in Title XXVIII, Military Construction General Provisions:

• Section 2873 - Conditions on establishment of Palanquero Base in Colombia. Requires a notice-and-wait period of 15 days after the Secretary of Defense certifies to the congressional defense committees that an agreement with Colombia has been reached that allows U.S. military access to the base for the duration of the agreement "to carry out mutually agreed-upon activities." It also prohibits the establishment of a U.S. military installation or base for the permanent stationing of U.S. armed forces in Colombia. The Statement of Managers section describes having adopted the House bill provision which makes reference to a requirement that "[A]n agreement has been entered into with the government of Colombia that will enable the United States Southern Command to execute its Theater Posture Strategy in cooperation with the armed forces of Colombia." The actual $46 million authorized is found in the Air Force construction tables, in Section 2301.