National Defense Authorization Act for Fiscal Year 2012

H.R.1540

One Hundred Twelfth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fifth day of January, two thousand and eleven

An Act

To authorize appropriations for fiscal year 2012 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, 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 `National Defense Authorization Act for Fiscal Year 2012'.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) Divisions- This Act is organized into five divisions as follows:

(1) Division A--Department of Defense Authorizations.

(2) Division B--Military Construction Authorizations.

(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D--Funding Tables.

(5) Division E--SBIR and STTR Reauthorization.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE X--GENERAL PROVISIONS
Subtitle B--Counter-Drug Activities

SEC. 1004. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

(a) Extension- Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking `2011' and inserting `2012'.
(b) Limitation on Exercise of Authority- The authority in section 1022 of the National Defense Authorization Act for Fiscal Year 2004, as amended by subsection (a), may not be exercised unless the Secretary of Defense certifies to Congress, in writing, that the Department of Defense is in compliance with the provisions of paragraph (2) of subsection (d) of such section, as added by section 1012(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4346).

SEC. 1005. THREE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.

(a) Three-year Extension- Subsection (a) of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended by striking `During fiscal years 2002 through 2011' and inserting `During fiscal years 2012 through 2014'.
(b) Coverage of Tribal Law Enforcement Agencies-
(1) IN GENERAL- Such section is further amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting `tribal,' after `local,'; and
(ii) in paragraph (2), by striking `State or local' both places it appears and insert `State, local, or tribal'; and
(B) in subsection (b)--
(i) in paragraph (1), by striking `State or local' and inserting `State, local, or tribal';
(ii) in paragraph (4), by striking `State, or local' and inserting `State, local, or tribal'; and
(iii) in paragraph (5), by striking `State and local' and inserting `State, local, and tribal'.
(2) TRIBAL GOVERNMENT DEFINED- Such section is further amended by adding at the end the following new subsection:
`(i) Definitions Relating to Tribal Governments- In this section:
`(1) The term `Indian tribe' means a federally recognized Indian tribe.
`(2) The term `tribal government' means the governing body of an Indian tribe, the status of whose land is `Indian country' as defined in section 1151 of title 18, United States Code, or held in trust by the United States for the benefit of the Indian tribe.
`(3) The term `tribal law enforcement agency' means the law enforcement agency of a tribal government.'.

SEC. 1006. TWO-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

(a) In General- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended by section 1014(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4337), is further amended by striking `2012' and inserting `2013'.
(b) Maximum Amount of Support- Section (e)(2) of such section, as so amended, is further amended--
(1) by striking `$75,000,000' and inserting `$100,000,000'; and
(2) by striking `2012' and inserting `2013'.
(c) Additional Governments Eligible To Receive Support- Subsection (b) of such section, as most recently amended by section 1024(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4587), is further amended by adding at the end the following new paragraphs:
`(23) Government of Benin.
`(24) Government of Cape Verde.
`(25) Government of The Gambia.
`(26) Government of Ghana.
`(27) Government of Guinea.
`(28) Government of Ivory Coast.
`(29) Government of Jamaica.
`(30) Government of Liberia.
`(31) Government of Mauritania.
`(32) Government of Nicaragua.
`(33) Government of Nigeria.
`(34) Government of Sierra Leone.
`(35) Government of Togo.'.

SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1011 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4346), is amended--
(1) in subsection (a), by striking `2011' and inserting `2012'; and
(2) in subsection (c), by striking `2011' and inserting `2012'.

SEC. 1008. REPORTING REQUIREMENT ON 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 the section 1013 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4347), is further amended by striking `February 15, 2011' and inserting `February 15, 2012'.

Subtitle G--Repeal and Modification of Reporting Requirements

SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10, UNITED STATES CODE.

Title 10, United States Code, is amended as follows:
(2) Section 184 is amended by striking subsection (h).
(19)(A) Section 2582 is repealed.
(B) The table of sections at the beginning of chapter 153 is amended by striking the item relating to section 2582.

SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS.

(j) Fiscal Year 2000- The National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) is amended as follows:
(2) Section 1025 (10 U.S.C. 113 note) is repealed.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

SEC. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

(a) Authority- Subsection (a) of section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086), as most recently amended by section 1201 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4385), is further amended by striking `$45,000,000' and inserting `$50,000,000'.
(b) Clarification of Limitation on Funding- Subsection (g) of such section, as amended by section 1202(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended--
(1) by striking `each fiscal year' and inserting `any fiscal year'; and
(2) by striking `pursuant to title XV of this Act' and inserting `for that fiscal year'.
(c) Extension- Subsection (h) of such section, as most recently amended by section 1208(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4626), is further amended by striking `2013' and inserting `2015'.
(d) Briefing and Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing and a report that outlines future authorities the Secretary of Defense determines may be necessary to adequately conduct counterterrorism, unconventional warfare, and irregular warfare missions by special operations forces.

SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) Limitation-
(1) IN GENERAL- Subsection (c) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as most recently amended by section 1207(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4389), is further amended in paragraph (5) by striking `fiscal year 2012' and inserting `each of fiscal years 2012 and 2013'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply with respect to programs under subsection (a) of such section that begin on or after that date.
(b) Report- Subsection (f) of such section is amended to read as follows:
`(f) Report-
`(1) IN GENERAL- Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, transmit to the congressional committees specified in subsection (e)(3) a report on the implementation of this section for such fiscal year.
`(2) MATTERS TO BE INCLUDED- Each report under paragraph (1) shall include the following:
`(A) For each program to build the capacity of a foreign country's national military forces or maritime security forces to conduct counterterrorism operations that was carried out during the fiscal year covered by such report the following:
`(i) A description of the nature and the extent of the potential or actual terrorist threat that the program is intended to address.
`(ii) A description of the program, including the objectives of the program and the types of recipient nation units receiving assistance under the program.
`(iii) A description of the extent to which the program is implemented by United States Government personnel or contractors.
`(iv) A description of the participation, if any, of the foreign country in the formulation of the program.
`(v) A description of the arrangements, if any, for the sustainment of the program and of the source of funds to support sustainment of the program.
`(vi) An assessment of the effectiveness of the program in building the capacity of the foreign country to conduct counterterrorism operations during the fiscal year covered by such report, and a description of the metrics used to evaluate the effectiveness of the program.
`(B) A description of the procedures and guidance for monitoring and evaluating the results of programs under this section.'.
(c) One-year Extension of Authority- Subsection (g) of such section, as most recently amended by section 1207(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (124 Stat. 4389), is further amended--
(1) by striking `September 30, 2012' and inserting `September 30, 2013'; and
(2) by striking `fiscal years 2006 through 2012' and inserting `fiscal years 2006 through 2013'.

SEC. 1207. GLOBAL SECURITY CONTINGENCY FUND.

(a) Establishment- There is established on the books of the Treasury of the United States an account to be known as the `Global Security Contingency Fund' (in this section referred to as the `Fund').
(b) Authority- Notwithstanding any other provision of law (other than the provisions of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) and the section 620J of such Act relating to limitations on assistance to security forces (22 U.S.C. 2378d)), amounts in the Fund shall be available to either the Secretary of State or the Secretary of Defense to provide assistance to countries designated by the Secretary of State, with the concurrence of the Secretary of Defense, for purposes of this section, as follows:
(1) To enhance the capabilities of a country's national military forces, and other national security forces that conduct border and maritime security, internal defense, and counterterrorism operations, as well as the government agencies responsible for such forces, to--
(A) conduct border and maritime security, internal defense, and counterterrorism operations; and
(B) participate in or support military, stability, or peace support operations consistent with United States foreign policy and national security interests.
(2) For the justice sector (including law enforcement and prisons), rule of law programs, and stabilization efforts in a country in cases in which the Secretary of State, in consultation with the Secretary of Defense, determines that conflict or instability in a country or region challenges the existing capability of civilian providers to deliver such assistance.
(c) Types of Assistance-
(1) AUTHORIZED ELEMENTS- A program to provide the assistance under subsection (b)(1) may include the provision of equipment, supplies, and training.
(2) REQUIRED ELEMENTS- A program to provide the assistance under subsection (b)(1) shall include elements that promote--
(A) observance of and respect for human rights and fundamental freedoms; and
(B) respect for legitimate civilian authority within the country concerned.
(d) Formulation and Approval of Assistance Programs-
(1) SECURITY PROGRAMS- The Secretary of State and the Secretary of Defense shall jointly formulate assistance programs under subsection (b)(1). Assistance programs to be carried out pursuant to subsection (b)(1) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, before implementation.
(2) JUSTICE SECTOR AND STABILIZATION PROGRAMS- The Secretary of State, in consultation with the Secretary of Defense, shall formulate assistance programs under subsection (b)(2). Assistance programs to be carried out under the authority in subsection (b)(2) shall be approved by the Secretary of State, with the concurrence of the Secretary of Defense, before implementation.
(e) Relation to Other Authorities- The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations. The administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be available to the Secretary of State with respect to funds available to carry out this section.
(f) Transfer Authority-
(1) DEPARTMENT OF DEFENSE FUNDS- Funds authorized to be appropriated to the Department of Defense for operation and maintenance for Defense-wide activities may be transferred to the Fund by the Secretary of Defense in accordance with established procedures for reprogramming under section 1001 of this Act and successor provisions of law. Amounts transferred under this paragraph shall be merged with funds otherwise made available under this section and remain available until expended as provided in subsection (i) for the purposes specified in subsection (b).
(2) LIMITATION- The total amount of funds transferred to the Fund in any fiscal year from the Department of Defense may not exceed $200,000,000.
(3) TRANSFERS TO OTHER ACCOUNTS- Funds available to carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate to facilitate the provision of assistance authorized by this section.
(4) RELATION TO OTHER TRANSFER AUTHORITIES- The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of Defense.
(g) Allocation of Contributions To Assistance- The contribution of the Secretary of State to an activity under the authority in subsection (b) shall be not less than 20 percent of the total amount required for such activity. The contribution of the Secretary of Defense to such activity shall be not more than 80 percent of the total amount required.
(h) Authority To Accept Gifts- The Secretary of State may use money, funds, property, and services accepted pursuant to the authority of section 635(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2395(d)) to fulfill the purposes of subsection (b).
(i) Availability of Funds- Amounts in the Fund shall remain available until September 30, 2015, except that amounts appropriated or transferred to the Fund before that date shall remain available for obligation and expenditure after that date for activities under programs commenced under subsection (b) before that date.
(j) Administrative Expenses- Amounts in the Fund may be used for necessary administrative expenses in connection with the provision of assistance under this section.
(k) Detail of Personnel- The head of an agency of the United States Government may detail personnel to the Department of State to carry out the purposes of this section, with or without reimbursement for all or part of the costs of salaries and other expenses associated with such personnel.
(l) Notices to Congress-
(1) IN GENERAL- Not less than 15 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State, with the concurrence of the Secretary of Defense, shall submit to the specified congressional committees a notification that includes the following:
(A) A detailed justification for the program.
(B) The budget, execution plan and timeline, and anticipated completion date for the activity.
(C) A list of other security-related assistance or justice sector and stabilization assistance that the United States is currently providing the country concerned and that is related to or supported by the activity.
(D) Such other information relating to the program or activity as the Secretary of State or Secretary of Defense considers appropriate.
(2) EXERCISE OF TRANSFER AUTHORITY- No transfer of funds into the Fund under subsection (f) or any other authority may occur until 15 days after the specified congressional committees are notified of the transfer.
(3) GUIDANCE AND PROCESSES FOR EXERCISE OF AUTHORITY- The Secretary of State, with the concurrence of the Secretary of Defense, shall notify the specified congressional committees 15 days after the date on which all necessary guidance has been issued and processes for implementation of the authority in subsection (b) are established and fully operational.
(m) Annual Reports- Not later than October 30, 2012, and annually thereafter until the expiration of the authority in subsection (b) pursuant to subsection (q), the Secretary of State and the Secretary of Defense jointly shall submit to the specified congressional committees a report on the following:
(1) The obligation of funds from, and transfer of funds into, the Fund during the preceding fiscal year.
(2) The status of programs and activities authorized under this section during the preceding fiscal year.
(n) Transitional Authorities-
(1) IN GENERAL- The Secretary of Defense may, with the concurrence of the Secretary of State, provide the types of assistance described in subsection (c), and assistance for minor military construction, during fiscal year 2012 as follows:
(A) To enhance the capacity of the national military forces, security agencies serving a similar defense function, and border security forces of Djibouti, Ethiopia, and Kenya to conduct counterterrorism operations against al-Qaeda, al-Qaeda affiliates, and al Shabaab.
(B) To enhance the capacity of national military forces participating in the African Union Mission in Somalia to conduct counterterrorism operations described in subparagraph (A).
(C) To enhance the ability of the Yemen Ministry of Interior Counter Terrorism Forces to conduct counter-terrorism operations against al-Qaeda in the Arabian Peninsula and its affiliates.
(2) LIMITATIONS-
(A) ASSISTANCE OTHERWISE PROHIBITED BY LAW- The Secretary of Defense may not use the authority in this subsection to provide any type of assistance that is otherwise prohibited by any provision of law.
(B) ELIGIBLE COUNTRIES- The Secretary of Defense may not use the authority in this subsection to provide a type of assistance to a foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
(C) YEMEN- The authority specified in paragraph (1)(C), and the authority to provide assistance pursuant to section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 2456), may not be used for Yemen until 30 days after the date on which the Secretary of Defense and the Secretary of State jointly certify in writing to the specified congressional committees that the use of such authority is important to the national security interests of the United States. The certification shall include the following:
(i) The reasons for the certification.
(ii) A justification for the provision of assistance.
(iii) An acknowledgment by the Secretary of Defense and the Secretary of State that they have received assurance from the Government of Yemen that any assistance so provided will be utilized in manner consistent with subsection (c)(2).
(3) NOTICE TO CONGRESS- Not less than 15 days before funds are obligated to provide assistance under this subsection, the Secretary of Defense shall submit to the specified congressional committees a notice setting forth the following:
(A) The type of assistance to be provided.
(B) The national military forces to be supported.
(C) The objectives of such assistance.
(D) The estimated cost of such assistance.
(E) The intended duration of such assistance.
(4) TERMINATION-
(A) IN GENERAL- Assistance authorized by this subsection may be provided until the earlier of--
(i) the date on which the Secretary of State determines that all necessary guidance has been issued and processes for implementation of the authority in subsection (b) are established and fully operational; or
(ii) September 30, 2012.
(B) COMPLETION OF ONGOING ACTIVITIES AFTER TERMINATION- An assistance activity authorized by this subsection that begins before the date of termination provided in subparagraph (A) may be completed after that date, but only using funds available before that date.
(o) Funding-
(1) FISCAL YEAR 2012- The total amount available to the Department of Defense and the Department of State to provide assistance under this section during fiscal year 2012 may not exceed $350,000,000, of which--
(A) $75,000,000 may be used for assistance authorized by subparagraphs (A) and (B) of subsection (n)(1); and
(B) $75,000,000 may be used for assistance authorized by subparagraph (C) of subsection (n)(1).
(2) FISCAL YEARS 2013 AND AFTER- The total amount available to the Department of Defense and the Department of State to provide assistance under this section during a fiscal year after fiscal year 2012 may not exceed $300,000,000.
(p) Specified Congressional Committees- In this section, the term `specified congressional committees' means--
(1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
(q) Expiration- The authority under this section may not be exercised after September 30, 2015. An activity under a program authorized by subsection (b) commenced before that date may be completed after that date, but only using funds available for fiscal years 2012 through 2015.

TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs

SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.

DIVISION D--FUNDING TABLES

TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
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SEC. 4601. MILITARY CONSTRUCTION(In Thousands of Dollars)
Account State/Country and Installation Project Title Budget Request Conference Agreement
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Honduras
Army Honduras Various Barracks 25,000 0