Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
110th CONGRESS
2d Session
H. R. 5658
AN ACT
To authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, to amend the Servicemembers Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Duncan Hunter National Defense Authorization Act for Fiscal Year 2009'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE E--OTHER MATTERS
SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL CENTERS FOR SECURITY STUDIES.
(a) In General- Section 184(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(6) Funds available to the Department of Defense for a Regional Center for any fiscal year (beginning with funds available for fiscal year 2009), including funds available under paragraphs (4) and (5), are available for use for programs that begin in such fiscal year but end in the next fiscal year.'.
(b) Establishment of a Pilot Program for Nongovernmental Personnel-
(1) IN GENERAL- In fiscal years 2009 and 2010, the Secretary of Defense, with the concurrence of the Secretary of State, may waive reimbursement of the costs of activities of the Regional Centers for nongovernmental and international organization personnel who participate in activities that enhance cooperation of nongovernmental organizations and international organizations with Armed Forces of the United States, if the Secretary of Defense determines that attendance of such personnel without reimbursement is in the national security interests of the United States. Costs for which reimbursement is waived pursuant to this subsection shall not exceed $1,000,000 in each of fiscal years 2009 and 2010 and shall be paid from appropriations available to the Regional Centers in each of those fiscal years.
(2) REPORT REQUIRED- For each of fiscal years 2009 and 2010, the Secretary of Defense shall include in the annual report required under section 184(h) of title 10, United States Code, a description of the extent of nongovernmental and international organization participation in the programs of each regional center, including the costs incurred by the United States for the participation of each organization.
SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
(a) Findings- The Congress finds the following:
(1) The mission of the Western Hemisphere Institute for Security Cooperation (hereafter in this section referred to as `WHINSEC') is to provide professional education and training to military personnel, law enforcement officials, and civilian personnel in support of the democratic principles set forth in the Charter of the Organization of American States, while fostering mutual knowledge, transparency, confidence, and cooperation among the participating nations, and promoting democratic values, respect for human rights, and knowledge and understanding of United States customs and traditions.
(2) WHINSEC supports the Security Cooperation Guidance of the Secretary of Defense by addressing the education and training needs of the United States Southern Command and United States Northern Command.
(3) In enacting legislation establishing WHINSEC, Congress specified that the curriculum of WHINSEC may include leadership development, counterdrug operations, peacekeeping, resource management, and disaster relief planning. Congress also mandated a minimum of eight hours of instruction on human rights, due process, the rule of law, the role of the Armed Forces in a democratic society, and civilian control of the military. WHINSEC averages twelve hours of such instruction per course.
(4) On March 21, 2007, Admiral Stavridis, Commander of United States Southern Command, stated before the House Armed Services Committee that WHINSEC `is the military's crown jewel for human rights training.'.
(5) WHINSEC does not select students for participation. A partner nation nominates students to attend WHINSEC, and in accordance with the law of the United States and the policies of the Departments of Defense and State, the United States Embassy in such partner nation screens and conducts background checks on such nominees. The vetting process of WHINSEC nominees includes a background check by United States embassies in partner nations, as well as checks by the Bureau of Western Hemisphere Affairs and the Bureau of Democracy, Human Rights, and Labor. Further, the Abuse Case Evaluation System of the Department of State, a central database that aggregates human rights abuse data into a single, searchable location, is used as a resource for checking abuse allegations when conducting vetting requests.
(6) WHINSEC operates in accordance with the `Leahy Law,' which was first enacted in 1997 and has since expanded to prohibit United States military assistance to foreign military units that violate human rights including security assistance programs funded through foreign operations appropriations Acts and training programs made available pursuant to Department of Defense appropriations Acts.
(7) Independent review, observation, and recommendation regarding operations of WHINSEC is provided by a Board of Visitors which is chaired by Bishop Robert Morlino of Wisconsin and includes four Members of Congress, two from each political party.
(8) WHINSEC is open to visitors at any time. Anyone can visit, sit in classes, talk with students and faculty, and review instructional materials.
(9) On May 7, 2008, the Department of Defense provided Congress requested information regarding the students, instructors, and courses at WHINSEC.
(b) Sense of Congress- It is the sense of Congress that--
(1) WHINSEC is one of the most effective mechanisms that the United States has to build relationships with future leaders throughout the Western Hemisphere, influence the human rights records and democracy trajectory of countries in the Western Hemisphere, and mitigate the growing influence of non-hemispheric powers;
(2) WHINSEC is succeeding in meeting its stated mission of providing professional education and training to eligible military personnel, law enforcement officials, and civilians of nations of the Western Hemisphere that support the democratic principles set forth in the Charter of the Organization of American States, while fostering mutual knowledge, transparency, confidence, and cooperation among the participating nations and promoting democratic values and respect for human rights; and
(3) WHINSEC is an invaluable education and training facility which the Department of Defense should continue to utilize in order to help foster a spirit of partnership that will ensure security and enhance stability and interoperability among the United States military and the militaries of participating nations.
SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES SOUTHERN COMMAND DEVELOPMENT ASSISTANCE ACTIVITIES.
(a) Report and Certification Required- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the development assistance activities carried out by the United States Southern Command during fiscal year 2008 and planned for fiscal year 2009 and containing a certification by the Secretary that such development assistance activities--
(1) will not adversely diminish the ability of the United States Southern Command or its components to carry out its combat or military missions;
(2) do not divert resources from funded or unfunded requirements of the United States Southern Command in connection with the role of the Department of Defense under section 124 of title 10, United States Code, as the single lead agency of the Federal Government for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States;
(3) are not unnecessarily duplicative of activities already conducted or planned to be conducted by any other Federal department or agency during fiscal year 2009; and
(4) are designed, planned, and conducted to complement joint training and exercises, host-country capacity building, or similar activities directly connected to the responsibilities of the United States Southern Command.
(b) Restriction on Obligation of Funds Pending Certification- Of the amounts appropriated pursuant to an authorization of appropriations in this Act or otherwise made available for fiscal year 2009 for operation and maintenance for the United States Southern Command, not more than 90 percent may be obligated or expended until 30 days after the certification required by subsection (a) is received by the congressional defense committees.
(c) Development Assistance Activities Defined- In this section, the term `development assistance activities' means assistance activities carried out by the United States Southern Command that are comparable to the assistance activities carried out by the United States under--
(1) chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et seq.); and
(2) any other provision of law for purposes comparable to the purposes for which assistance activities are carried out under the provisions of law referred to in paragraph (1).
TITLE X--GENERAL PROVISIONS
SUBTITLE C--COUNTER-DRUB ACTIVITIES
SEC. 1021. CONTINUATION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 1024 of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2383), is further amended by striking `and February 15, 2008' and inserting `February 15, 2008, and February 15, 2009'.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is amended by striking `2008' and inserting `2009'.
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND CONTINUATION OF NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL.
Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as amended by section 1023 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2382), is further amended--
(1) in subsection (a), by striking `2008' and inserting `2009'; and
(2) in subsection (c), by striking `2008' and inserting `2009'.
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
(a) Extension of Authority- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593), section 1022 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2137), and section 1022 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further amended by striking `2008' and inserting `2009'.
(b) Additional Governments Eligible to Receive Support- Subsection (b) of such section is amended by adding at the end the following new paragraphs:
`(19) The Government of Guinea-Bissau.
`(20) The Government of Senegal.
`(21) The Government of Ghana.'.
(c) Maximum Annual Amount of Support- Subsection (e)(2) of such section is amended--
(1) by striking `or' after `2006,'; and
(2) by striking the period at the end and inserting `, or $65,000,000 during fiscal year 2009.'.
(d) Condition on Provision of Support- Subsection (f) of such section is amended--
(1) in paragraph (2), by inserting after `In the case of' the following: `funds appropriated for fiscal year 2009 to carry out this section and'; and
(2) in paragraph (4)(B), by striking `Committee on International Relations' and inserting `Committee on Foreign Affairs'.
(e) Counter-Drug Plan- Subsection (h) of such section is amended--
(1) in the matter preceding paragraph (1), by striking `fiscal year 2004' and inserting `fiscal year 2009'; and
(2) in subparagraph (7), by striking `For the first fiscal year' and inserting `For fiscal year 2009, and thereafter, for the first fiscal year'.
SUBTITLE G--OTHER MATTERS
SEC. 1068. SENSE OF CONGRESS REGARDING THE ROLES AND MISSIONS OF THE DEPARTMENT OF DEFENSE AND OTHER NATIONAL SECURITY INSTITUTIONS.
It is the sense of Congress as follows:
(1) To ensure the future security of the United States, all of the national security organizations of the Federal Government must work together more effectively.
(2) The conflicts in Iraq and Afghanistan have demonstrated a need to expand the definition of national security organizations to include all departments and agencies that contribute to the relations of the United States with the world.
(3) As the largest national security organization, the Department of Defense must effectively collaborate in both a supported and supporting role with other departments and agencies.
(4) Section 941 of Public Law 110-181 created an opportunity for the Department of Defense to address internal assignments of functions.
(5) The Initial Perspectives report of the Panel on Roles and Missions of the Committee on Armed Services of the House of Representatives illustrated the following three levels of coordination that must be improved:
(A) Inter-agency coordination.
(B) Department of Defense-wide coordination.
(C) Inter-service coordination.
(6) Institutionalizing effective coordination within and among the national security organizations of the Federal Government may require fundamental reform.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A--ASSISTANCE AND TRAINING
SEC. 1202. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
Section 168(e) of title 10, United States Code, is amended by adding at the end the following:
`(5) Funds available under this section for fiscal year 2009 or any subsequent fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.'.
SEC. 1203. ENHANCED AUTHORITY TO PAY INCREMENTAL EXPENSES FOR PARTICIPATION OF DEVELOPING COUNTRIES IN COMBINED EXERCISES.
Section 2010 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(e) Funds available under this section for fiscal year 2009 or any subsequent fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.'
SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Limitations- Subsection (c)(1) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 1206 of Public Law 109-364 (120 Stat. 2418), is further amended by adding at the end the following new sentence: `Amounts available under the authority of subsection (a) for fiscal year 2009 or any subsequent fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.'.
(b) Two-Year Extension of Program Authority- Subsection (g) of such section is amended--
(1) in the first sentence, by striking `2008' and inserting `2010'; and
(2) in the second sentence, by striking `2006, 2007, or 2008' and inserting `2009 or 2010'.
SEC. 1207. EXTENSION OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.
Section 1207(g) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by section 1210 of Public Law 110-181 (122 Stat. 369), is further amended by striking `September 30, 2008' and inserting `September 30, 2010'.
SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.
Section 2249c(b) of title 10, United States Code, is amended in the first sentence by striking `$25,000,000' and inserting `$35,000,000'.