2012 National Defense Authorization Act - Senate vs. House versions

07/14/11
Abigail Poe
Latin America and the Caribbean
Military, U.S. Policy

The 2012 National Defense Authorization Act (NDAA), which establishes or renews legal authority for programs that provide about one-quarter of all U.S. assistance to the Western Hemisphere's security forces, is currently moving through Congress. In May, the U.S. House of Representatives passed its version. The Senate's version has been approved by the Committee on Armed Services, but is awaiting approval by the full Senate. The two versions of the 2012 NDAA have some significant differences in the programs they seek to establish or renew starting in Fiscal Year 2012, which are highlighted below. Once the full Senate approves its version of the 2012 NDAA, the two versions will have to be reconciled by a House-Senate Conference Committee and passed again by both the House and Senate. Section 1004 Counter-Drug Assistance: By far the main Defense Department program for aid to Latin America, Section 1004 authorizes the U.S. military to provide counter-narcotics assistance and training for foreign security forces, including foreign police forces. The program is not part of permanent law: it was established by Section 1004 the 1991 NDAA, and set to expire in 1995. It has since been extended to 1999, 2002, 2006, and 2011.

  • House version: The House authorizes the extension of the program for one year, and adds the inclusion of "Tribal Law Enforcement Agencies" to the list of other government agencies who can receive Section 1004 aid and training.
  • Senate version: The Senate version also adds the inclusion of "Tribal Law Enforcement Agencies," but instead of extending the program for one year, it extends the program for five years, through September 20, 2016.

Section 1033: A related authority, Section 1033 was first intended to provide specific types of counter-narcotics assistance to Colombia and Peru between fiscal years 1998 - 2002. However, over the years, the program has been extended to include ten Latin American and Caribbean countries (Belize, Guatemala, Panama, Peru, Colombia, Bolivia, Ecuador, El Salvador, Honduras, Mexico and the Dominican Republic), as well as a number of Central Asian and African countries.

  • House version: Extends the program for one year.
  • Senate version: Again, the Senate version extends the program for five years, instead of one year. It also adds Jamaica and Nicaragua, in addition to eleven African countries, to the list of "certain foreign governments" authorized to receive support under this section. The Senate version also increases the maximum yearly worldwide expenditure to $100 million (up from $75 million).

Unified Counter-drug and Counterterrorism Campaign in Colombia: A 2002 supplemental appropriation first authorized the Secretary of Defense to "support a unified campaign by the Government of Colombia against narcotics trafficking and against activities by organizations designated as terrorist organizations, such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC)." This section also authorized the Defense Department "to take actions to protect human health and welfare in emergency circumstances, including the undertaking of rescue operations." This authority has been renewed in subsequent NDAAs.

  • House version: The House extends the authority for one year.
  • Senate version: The Senate also extends the authority for one year, but interestingly does not specifically extend the "troop cap," or the "limitation on assignments of U.S. personnel in connections with support of Plan Colombia," as has been extended by all Defense Authorization Acts since 2005.

Section 1206 Train & Equip Authority: Section 1206, begun in 2006, provides the authority to "train and equip" foreign military and police worldwide. It closely resembles the State Department's Regional Centers for Security Studies," which includes the Center for Hemispheric Defense Studies located at Fort McNair.

  • The House adds a new requirement for a "Biennial Review of Required Reports," in which the Secretary of Defense must "evaluate the content, quality, cost, and timeliness of the Department's compliance with the requirement to submit each report by the date required." In this report, the Secretary of Defense may also submit recommendations for repeal or modification of reports to Congress.

Additional Sections in House Version: The version of the 2012 National Defense Authorization Act passed by the House of Representatives includes a few sections that do not appear in the Senate's version. These sections would:

  • Require the Secretary of Defense to brief congressional defense committees on the effectiveness of U.S.-Mexico collaborative programs intended to mitigate national security threats along the border;
  • Allow for the National Guard to continue to be deployed on the U.S.-Mexico border through the end of fiscal year 2011;
  • Create an Interagency Working Group on Foreign Police Training that would "monitor the foreign police training programs, projects, and activities of the various Federal departments and agencies and coordinate and unify such programs, projects, and activities under a single strategic framework;" and
  • Close down the United States Institute of Peace.