National Defense Authorization Act for Fiscal Year 2008
H.R.4986
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgments against Iraq, the lapse of statutory authorities for the payment of bonuses, special pays, and similar benefits for members of the uniformed services, and for other purposes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle F--Other Matters
SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE COMBATANT COMMANDS IN BOARD OF VISITORS OF WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
Subparagraph (F) of section 2166(e)(1) of title 10, United States Code, is amended to read as follows:
`(F) The commanders of the combatant commands having geographic responsibility for the Western Hemisphere, or the designees of those officers.'.
TITLE X--GENERAL PROVISIONS
Subtitle C--Counter-Drug Activities
SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN COUNTRIES.
Subsection (b) 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(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593) and section 1022(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2382), is further amended by adding at the end the following new paragraphs:
`(17) The Government of Mexico.
`(18) The Government of the Dominican Republic.'.
SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE GOVERNMENT OF HAITI.
(a) Report Required- Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on counternarcotics assistance for the Government of Haiti.
(b) Matters to Be Included- The report required by subsection (a) shall include the following:
(1) A description and assessment of the counternarcotics assistance provided to the Government of Haiti by the Department of Defense, the Department of State, the Department of Homeland Security, and the Department of Justice.
(2) A description and assessment of any impediments to increasing counternarcotics assistance to the Government of Haiti.
(3) An assessment of the potential for the provision of counternarcotics assistance for the Government of Haiti through the United Nations Stabilization Mission in Haiti.
(c) Form- The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Subtitle F--Other Matters
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION, GUANTANAMO BAY, CUBA.
It is the sense of Congress that--
(1) the Nation extends its gratitude to the military personnel who guard and interrogate some of the world's most dangerous men every day at Naval Station, Guantanamo Bay, Cuba;
(2) the United States Government should urge the international community, in general, and in particular, the home countries of the detainees who remain in detention despite having been ordered released by a Department of Defense administrative review board, to work with the Department of Defense to facilitate and expedite the repatriation of such detainees;
(3) detainees at Guantanamo Bay, to the maximum extent possible, should be charged and expeditiously prosecuted for crimes committed against the United States; and
(4) operations at Guantanamo Bay should be carried out in a way that upholds the national interest and core values of the American people.
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Report Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains the Secretary's plan for each individual presently detained at Naval Station, Guantanamo Bay, Cuba, under the control of the Joint Task Force Guantanamo, who is or has ever been classified as an `enemy combatant' (referred to in this section as a `detainee').
(b) Contents of Report- The report required under subsection (a) shall include each of the following:
(1) An identification of the number of detainees who, as of December 31, 2007, the Department estimates--
(A) will have been or will be charged with one or more crimes and may, therefore, be tried before a military commission;
(B) will be subject of an order calling for the release or transfer of the detainee from the Guantanamo Bay facility; or
(C) will not have been charged with any crimes and will not be subject to an order calling for the release or transfer of the detainee from the Guantanamo Bay facility, but whom the Department wishes to continue to detain.
(2) A description of the actions required to be undertaken, by the Secretary of Defense, possibly the heads of other Federal agencies, and Congress, to ensure that detainees who are subject to an order calling for their release or transfer from the Guantanamo Bay facility have, in fact, been released.
(c) Form- The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
Section 168(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
`(9) The assignment of personnel described in paragraph (3) or (4) on a non-reciprocal basis if the Secretary of Defense determines that such an assignment, rather than an exchange of personnel, is in the interests of the United States.'.
SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.
(a) Modification of Reporting Requirement- Subsection (f) of section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086-2087) is amended to read as follows:
`(f) Annual Report-
`(1) REPORT REQUIRED- Not later than 120 days after the close of each fiscal year during which subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under that subsection during that fiscal year.
`(2) MATTERS TO BE INCLUDED- Each report required by paragraph (1) shall describe the support provided, including--
`(A) the country involved in the activity, the individual or force receiving the support, and, to the maximum extent practicable, the specific region of each country involved in the activity;
`(B) the respective dates and a summary of congressional notifications for each activity;
`(C) the unified commander for each activity, as well as the related objectives, as established by that commander;
`(D) the total amount obligated to provide the support;
`(E) for each activity that amounts to more than $500,000, specific budget details that explain the overall funding level for that activity; and
`(F) a statement providing a brief assessment of the outcome of the support, including specific indications of how the support furthered the mission objective of special operations forces and the types of follow-on support, if any, that may be necessary.'.
(b) Annual Limitation- Subsection (g) of such section is amended--
(1) in the heading, by striking `Fiscal Year 2005' and inserting `Annual'; and
(2) by striking `fiscal year 2005' and inserting `each fiscal year during which subsection (a) is in effect'.
(c) Extension of Period of Authority- Subsection (h) of such section is amended by striking `2007' and inserting `2010'.
SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS CARRIED OUT BY THE DEPARTMENT OF DEFENSE.
(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that specifies, on a country-by-country basis, each foreign-assistance related program carried out by the Department of Defense during the prior fiscal year under the authorities described in subsection (b).
(b) Matters To Be Included- The report required under subsection (a) shall include--
(1) a description of the dollar amount, type of support, and purpose of each foreign-assistance related program carried out by the Department of Defense under--
(A) section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), relating to authority to build the capacity of foreign military forces;
(B) section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), relating to authority to provide security and stabilization assistance to foreign countries;
(C) section 1208 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3459), relating to authority to reimburse certain coalition nations for support provided to United States military operations;
(D) section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), relating to authority to provide additional support for counter-drug activities of Peru and Colombia;
(E) section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note), relating to additional support for counter-drug activities;
(F) section 127d of title 10, United States Code, relating to authority to provide logistic support, supplies, and services to allied forces participating in a combined operation with the Armed Forces;
(G) section 2249c of title 10, United States Code, relating to authority to use appropriated funds for costs associated with education and training of foreign officials under the Regional Defense Combating Terrorism Fellowship Program; and
(H) section 2561 of title 10, United States Code, relating to authority to provide humanitarian assistance; and
(2) a description of each foreign-assistance related program that the Department of Defense undertakes or implements on behalf of any other department or agency of the United States Government, including programs under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(c) Form- The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.
(a) Program for Assistance- Section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is amended--
(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
`(d) Formulation and Implementation of Program for Assistance- The Secretary of State shall coordinate with the Secretary of Defense in the formulation and implementation of a program of reconstruction, security, or stabilization assistance to a foreign country that involves the provision of services or transfer of defense articles or funds under subsection (a).'.
(b) One-Year Extension- Subsection (g) of such section, as redesignated by subsection (a) of this section, is amended by striking `September 30, 2007' and inserting `September 30, 2008'.
SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER THE AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2002.
(a) Repeal of Limitations- Section 2007 of the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7426) is repealed.
(b) Conforming Amendments- Such Act is further amended--
(1) in section 2003 (22 U.S.C. 7422)--
(A) in subsection (a)--
(i) in the heading, by striking `SECTIONS 5 AND 7' and inserting `SECTION 2005'; and
(ii) by striking `sections 2005 and 2007' and inserting `section 2005';
(B) in subsection (b)--
(i) in the heading, by striking `SECTIONS 5 AND 7' and inserting `SECTION 2005'; and
(ii) by striking `sections 2005 and 2007' and inserting `section 2005';
(C) in subsection (c)(2)(A), by striking `sections 2005 and 2007' and inserting `section 2005';
(D) in subsection (d), by striking `sections 2005 and 2007' and inserting `section 2005'; and
(E) in subsection (e), by striking `2006, and 2007' and inserting `and 2006'; and
(2) in section 2013 (22 U.S.C. 7432), by striking paragraph (13).
Subtitle D--Other Authorities and Limitations
SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
It is the sense of Congress that--
(1) the education and training facility of the Department of Defense known as the Western Hemisphere Institute for Security Cooperation has the 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 Inter-American Democratic 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
(2) therefore, the Institute 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 and interoperability among the United States military and the militaries of participating nations.
Subtitle E—Reports
SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED AREAS.
(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence, shall jointly submit to the specified congressional committees a report on the threats posed to the United States from ungoverned areas, including the threats to the United States from terrorist groups and individuals located in such areas who direct their activities against the national security interests of the United States and its allies.
(b) Elements- The report required under subsection (a) shall include the following:
(1) A description of those areas the United States Government considers ungoverned, including--
(A) a description of the geo-political and cultural influences exerted within such areas and by whom;
(B) a description of the economic conditions and prospects and the major social dynamics of such areas; and
(C) a description of the United States Government's relationships with entities located in such areas, including with relevant national or other governments and relevant tribal or other groups.
(2) A description of the capabilities required by the United States Government to support United States policy aimed at managing the threats described in subsection (a), including, specifically, the technical, linguistic, and analytical capabilities required by the Department of Defense and the Department of State.
(3) An assessment of the extent to which the Department of Defense and the Department of State possess the capabilities described in paragraph (2) as well as the necessary resources and organization to support United States policy aimed at managing the threats described in subsection (a).
(4) A description of the extent to which the implementation of Department of Defense Directive 3000.05, entitled `Military Support for Stability, Security, Transition, and Reconstruction Operations', will support United States policy for managing such threats.
(5) A description of the actions, if any, to be taken to improve the capabilities of the Department of Defense and the Department of State described in paragraph (2), and the schedule for implementing any actions so described.
(c) Form- The report required under subsection (a) shall be submitted in unclassified form, to the maximum extent practicable, but may contain a classified annex, if necessary.
(d) Definition- In this section, the term `specified congressional committees' means--
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $938,022,000.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Army: Outside the United States
--------------------------------------------------
Country Installation or Location Amount
--------------------------------------------------
Afghanistan Afghanistan $13,800,000
Bulgaria Nevo Selo FOS $61,000,000
Germany Grafenwoehr $62,000,000
Honduras Various locations $2,550,000
Italy Aviano $12,100,000
Vicenza $160,900,000
Korea Camp Humphreys $57,000,000
Romania Mihail Kogalniceanu FOS $12,600,000
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $5,106,703,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $3,198,150,000.
(2) For military construction projects outside the United States authorized by section 2101(b), $254,950,000.
(3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,900,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $321,983,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $424,400,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $731,920,000.
(6) For the construction of increment 2 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289), as added by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5; 121 Stat. 41), $102,000,000.
(7) For the construction of increment 3 of a barracks complex at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3485), $47,400,000.
(b) Limitation on Total Cost of Construction Projects- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).
(2) $137,000,000 (the balance of the amount authorized under section 2101(a) for construction of the United States Southern Command Headquarters, Miami, Florida).
(3) $63,500,000 (the balance of the amount authorized under section 2101(b) for construction of a brigade complex operations support facility at Vicenza, Italy).
(4) $63,500,000 (the balance of the amount authorized under section 2101(b) for construction of a brigade complex barracks and community support facility at Vicenza, Italy).
SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, MIAMI-DORAL, FLORIDA.
(a) Ground Lease Authorized- The Secretary of the Army may utilize the State of Florida property as described in sublease number 4489-01, entered into between the State of Florida and the United States (in this section referred to as the `ground lease'), for the purpose of constructing a consolidated headquarters facility for the United States Southern Command (SOUTHCOM).
(b) Additional Terms and Conditions- The Secretary of the Army may carry out the project to construct a new headquarters on property leased from the State of Florida when the following conditions have been met regarding the lease for the property:
(1) The United States Government shall have the right to use the property without interruption until at least December 31, 2055.
(2) The United States Government shall have the right to use the property for general administrative purposes in the event the United States Southern Command relocates or vacates the property.
(c) Authority To Obtain Ground Lease of Adjacent Property- The Secretary may obtain the ground lease of additional real property owned by the State of Florida that is adjacent to the real property leased under the ground lease for purposes of completing the construction of the SOUTHCOM headquarters facility, as long as the additional terms of the ground lease required by subsection (b) apply to such adjacent property.
(d) Limitation- The Secretary may not obligate or expend funds appropriated pursuant to the authorization of appropriations in section 2104(a)(1) for the construction of the SOUTHCOM headquarters facility authorized under section 2101(a) until the Secretary transmits to the congressional defense committees a modification to the ground lease signed by the United States Government and the State of Florida in accordance with subsection (b).