Conference Report to Accompany H.R.1585, the National Defense Authorization Act for Fiscal Year 2008
110TH CONGRESS 1ST SESSION
HOUSE OF REPRESENTATIVES
Report
110-477
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
CONFERENCE REPORT
to accompany
H.R. 1585
[Graphic image not available]
December 6, 2007- Ordered to be printed
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute for Security Cooperation (sec. 956)
The Senate amendment contained a provision (sec. 935) that would authorize all combatant commanders, or their directed designees, who have responsibility in the Western Hemisphere to be members of the Western Hemisphere Institute for Security Cooperation Board of Visitors.
The House bill contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Western Hemisphere Center for Excellence in Human Rights
The Senate amendment contained a provision (sec. 934) that would authorize the Secretary of Defense to establish a Western Hemisphere Human Rights Center to continue and expand the work that began under U.S. Southern Command's Human Rights Initiative.
The House bill contained no similar provision.
The Senate recedes.
The conferees support the U.S. Southern Command's activities on behalf of human rights in the Western Hemisphere. However, rather than authorize the creation of a new institution, the conferees prefer that the Southern Command work out an arrangement, with the Center for Hemispheric Defense Studies, which would provide for gifts and donations to be directed from the regional center to the human rights activities of Southern Command through the gift and donation authority that Congress has already provided to the regional centers.
TITLE X--GENERAL PROVISIONS
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Expansion of authority to provide additional support for counterdrug activities in certain foreign countries (sec. 1022)
The House bill contained a provision (sec. 1022) that would expand additional counterdrug support to the Government of Mexico and the Government of the Dominican Republic.
The Senate amendment contained a similar provision.
The Senate recedes with a technical amendment.
Report on counternarcotics assistance for the Government of Haiti (sec. 1023)
The Senate amendment contained a provision (sec. 1012) that would require the President to submit to Congress a report on counternarcotics assistance to the Government of Haiti.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE F--OTHER MATTERS
Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba (sec. 1066)
The House bill contained a provision (sec. 1053) that would express the sense of Congress that: (1) the Nation extends its gratitude to the military personnel at Naval Station, Guantanamo Bay, Cuba; (2) the international community should work with the Department of Defense to facilitate and expedite the repatriation of detainees at Guantanamo; (3) Guantanamo detainees, to the maximum extent possible, should be charged and expeditiously prosecuted; and (4) operations at Guantanamo should be conducted in a way that upholds the U.S. national interest and the American people's core values.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
A report on transferring individuals detained at Naval Station, Guantanamo Bay, Cuba (sec. 1067)
The House bill contained a provision (sec. 1057) that would require the Secretary of Defense to report to the congressional defense committees on the Secretary's plans for each detainee currently held by the Joint Task Force Guantanamo at Guantanamo Bay, Cuba.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A--ASSISTANCE AND TRAINING
Military-to-military contacts and comparable activities (sec. 1201)
The House bill contained a provision (sec. 1201) that would allow personnel exchange programs with foreign governments to be conducted on a non-reciprocal basis if the Secretary of Defense determines that it would be in the interests of the United States to do so.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for support of military operations to combat terrorism (sec. 1202)
The House bill contained a provision (sec. 1202) that would extend the authority provided in section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), and amend the annual reporting requirements contained in subsection (f) of section 1208.
The Senate amendment contained no similar provision.
The Senate recedes.
Report on foreign-assistance related programs carried out by the Department of Defense (sec. 1209)
The House bill contained a provision (sec. 1209) that would require the Secretary of Defense to submit a report not later than 180 days after enactment of this Act describing, on a country-by-country basis, all foreign-assistance related programs, projects, and activities of the Department of Defense during the prior fiscal year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the Secretary of Defense to submit a report specifying, on a country-by-country basis, each program carried out by the Department of Defense during the prior fiscal year under the foreign-assistance related authorities specified in the provision. The report would be unclassified, but may include a classified annex. The report would be submitted to the congressional defense committees, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Extension and enhancement of authority for security and stabilization assistance (sec. 1210)
The Senate amendment contained a provision (sec. 1202) that would extend until September 30, 2008, the authority provided under section 1207 of the National Defense Authorization Act of Fiscal Year 2006 (Public Law 109-163) for the Secretary of Defense to provide the Secretary of State services, defense articles, or funding to support Department of State programs for reconstruction, security, or stabilization assistance. The provision would also increase the total amount of all services, defense articles, and funding that may be provided under section 1207 from $100.0 million to $200.0 million. The provision would require the Department of State (DOS) to coordinate with the Department of Defense (DOD) in the formulation and implementation of any program of reconstruction, security, or stabilization assistance that involves the provision of services, defense articles, or funds by the DOD to the DOS under this section.
The House bill contained no similar provision.
The House recedes with an amendment that would delete the increase under the Senate provision in the aggregate value of all services, defense articles, and funding that may be provided under this section, thereby keeping the funding limitation under section 1207 at $100.0 million during fiscal year 2008.
Repeal of limitations on military assistance under the American Servicemembers' Protection Act of 2002 (sec. 1212)
The Senate amendment contained a provision (sec. 1205) that would repeal some of the remaining limitations on providing military assistance under the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7426).
The House bill contained no similar provision.
The House recedes.
SUBTITLE D--OTHER AUTHORITIES AND LIMITATIONS
Sense of Congress on the Western Hemisphere Institute for Security Cooperation (sec. 1257)
The House bill contained a provision (sec. 1243) that would express the sense of Congress supporting the Department of Defense's education and training facility, the Western Hemisphere Institute for Security Cooperation.
The Senate amendment (sec. 1067) contained a similar provision.
The Senate recedes with a technical amendment.
SUBTITLE E--REPORTS
Report on threats to the United States from ungoverned areas (sec. 1267)
The Senate amendment contained a provision (sec. 1042) that would require the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence, to report on the threat posed to the United States by ungoverned areas, especially as they relate to terrorist groups and individuals who aim their activities at the United States and its allies.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
TITLE XIV--OTHER AUTHORIZATIONS
SUBTITLE A--MILITARY PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1405)
The House bill contained a provision (sec. 303) that would authorize fiscal year 2008 funds for drug interdiction and counterdrug activities and other programs.
The Senate amendment contained a similar provision authorizing appropriations for drug interdiction and counterdrug activities (sec. 1405).
The conference agreement includes this provision.
Division B--Military Construction Authorizations
TITLE XXI--ARMY
BUDGET ITEMS
Summary
The conferees have reduced the amounts authorized to be appropriated for fiscal year 2008 for projects for which a substantial amount of the full cost of the project cannot be executed in fiscal year 2008, including projects to support the stationing of a full brigade complex at Vicenza, Italy, and the funding requested for a new headquarters facility for the U.S. Southern Command in Miami, Florida. The conferees have provided full project authorizations for these projects, and these reductions to the authorization of appropriations were made without prejudice to the projects. The conferees encourage the Army to request the balance of the funding for these projects in the fiscal year 2009 budget.
The congressional defense committees and the Department of Defense have traditionally analyzed requirements and funding for mission projects and quality of life projects as important and distinct categories. Two projects requested by the Army blur these distinctions. The first is a headquarters facility for the U.S. Southern Command in Miami, which included funding for a child development center inside the overall project cost for the headquarters. The second is a brigade complex maintenance facility at Fort Drum, New York that combined funding for a dining facility with funding for mission-oriented projects such as vehicle maintenance shops. The conferees have authorized the mission and quality of life elements as separate projects in these cases. However, the conferees direct the Army, and the other elements of the Department of Defense, to refrain from combining mission facilities and quality of life facilities into single project requests in future budget submissions.
Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida (sec. 2109)
The Senate amendment contained a provision (sec. 2109) that would require amendments to the existing ground lease agreement between the United States Government and the State of Florida for the land proposed as the site of a new headquarters for the U.S. Southern Command (SOUTHCOM) before the Secretary of the Army could begin construction of the headquarters. The amendment would allow flexibility for the use of this facility by other federal agencies in the event future requirements change, and would require the lease term to extend to 2055 rather than for 20 years.
The House bill contained a similar provision (sec. 2834).
The House recedes.
The conferees understand the State of Florida is willing to make these modifications to the lease agreement.