National Defense Authorization Act for Fiscal Year 2013

Calendar No. 419

112th CONGRESS

2d Session

S. 3254

[Report No. 112-173]

To authorize appropriations for fiscal year 2013 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.

IN THE SENATE OF THE UNITED STATES

June 4, 2012

Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 2013 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 2013'.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE X--GENERAL PROVISIONS

Subtitle B--Counter-Drug Activities

SEC. 1011. 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 (10 U.S.C. 371 note) is amended by striking `2012' and inserting `2013'.

SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFICATION ON PROVISION OF SUPPORT FOR COUNTER-DRUG ACTIVITIES TO CERTAIN FOREIGN GOVERNMENTS.

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 1006 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1557), is further amended--

(1) in subsection (f)--

(A) in paragraph (1), by striking `the written certification described in subsection (g) for that fiscal year.' and inserting `a written certification described in subsection (g) applicable to that fiscal year. The first such certification with respect to any such government may apply only to a period of one fiscal year. Subsequent certifications with respect to any such government may apply to a period of not to exceed two fiscal years.'; and

(B) in paragraph (4)(B), by striking `The Committee on National Security and the Committee on International Relations of the House of Representatives' and inserting `The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives'; and

(2) in subsection (g), in the matter preceding paragraph (1)--

(A) by striking `The written' and inserting `A written'; and

(B) by striking `for a fiscal year' and all that follows through the colon and inserting `with respect to a government to receive support under this section for any period of time is a certification of each of the following with respect to that government:'.

SEC. 1013. AUTHORITY TO SUPPORT THE UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

(a) Authority-

(1) IN GENERAL- Of the amounts authorized to be appropriated by section 1404 for the Department of Defense for drug interdiction and counter-drug activities, Defense-wide for fiscal year 2013, not more than $50,000,000 may be used by the Secretary of Defense to provide in support of a unified campaign by the Government of Colombia against narcotics trafficking and against terrorist organizations (as designated by the Secretary of State) in Colombia the following:

(A) Logistics support, services, and supplies.

(B) The types of support authorized under section 1004(b) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).

(C) The types of support authorized under section 1033(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85).

(2) SCOPE OF AUTHORITY- The authority to provide assistance for a campaign under this subsection includes authority to take actions to protect human health and welfare in emergency circumstances, including the undertaking of rescue operations.

(b) Assistance Otherwise Prohibited by Law- The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in this subsection that is otherwise prohibited by any provision of law.

(c) Limitation on Participation of United States Personnel- No United States Armed Forces personnel, United States civilian employees, or United States civilian contractor personnel employed by the United States may participate in any combat operation in connection with assistance using funds pursuant to the authority in subsection (a), except for the purpose of acting in self defense or of rescuing any United States citizen, including any United States Armed Forces personnel, United States civilian employee, or civilian contractor employed by the United States.

(d) Relation to Other Authorities- The authority provided by subsection (a) is in addition to any other authority in law to provide assistance to the Government of Colombia.

(e) Report-

(1) IN GENERAL- Not later than November 1 following any fiscal year in which the Secretary of Defense provides support under subsection (a), the Secretary shall submit to the congressional defense committees a report setting forth the following:

(A) A description of the support provided, including--

(i) a description of the support;

(ii) the cost of the support;

(iii) a list of the Colombia units to which support was provided; and

(iv) a list of the Colombia operations supported.

(B) Guidance for future Department of Defense support for a unified campaign by the Government of Colombia against narcotics trafficking and terrorism.

(2) FORM- The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 1014. QUARTERLY REPORTS ON USE OF FUNDS IN THE DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE ACCOUNT.

(a) Quarterly Reports on Expenditures of Funds- Not later than 60 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a description of the expenditure of funds, by project code, from the Drug Interdiction and Counter-Drug Activities, Defense-wide account during such fiscal year quarter, including expenditures of funds in direct or indirect support of the counter-drug activities of foreign governments.

(b) Information on Support of Counter-drug Activities of Foreign Governments- The information in a report under subsection (a) on direct or indirect support of the counter-drug activities of foreign governments shall include, for each foreign government so supported, the following:

(1) The total amount of assistance provided to, or expended on behalf of, the foreign government.

(2) A description of the types of counter-drug activities conducted using the assistance.

(3) An explanation of the legal authority under which the assistance was provided.

(c) Cessation of Requirement- No report shall be required under subsection (a) for any fiscal year quarter beginning on or after October 1, 2017.

(d) Repeal of Obsolete Authority- Section 1022 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398) is repealed.

Subtitle E--Miscellaneous Authorities and Limitations

SEC. 1042. MODIFICATION OF AUTHORITY ON TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN FORCES.

(a) Authority To Pay for Minor Military Construction in Connection With Training- Subsection (a) of section 2011 of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(4) Expenses of minor military construction directly related to that training with such expenses payable from amounts available to the commander for unspecified minor military construction, except that--

`(A) the amount of any project for which such expenses are so payable may not exceed $250,000; and

`(B) the total amount of such expenses so paid in any fiscal year may not exceed $2,000,000.'.

(b) Purposes of Training- Subsection (b) of such section is amended to read as follows:

`(b) Purposes of Training- The purposes of the training for which payment may be made under subsection (a) shall be as follows:

`(1) To train the special operations forces of the combatant command.

`(2) In the case of a commander of a combatant command having a geographic area of responsibility, to train the military forces and other security forces of a friendly foreign country in a manner consistent with the Theater Campaign Plan of the commander for that geographic area.'.

(c) Prior Approval- Subsection (c) of such section is amended by inserting before the period at the end of the second sentence the following: `, or, in the case of training activities carried out after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013, the approval of the Secretary of Defense, in coordination with the Secretary of State'.

(d) Reports- Subsection (e) of such section is amended--

(1) in paragraph (3)--

(A) by inserting `or other security' after `foreign' the first place it appears; and

(B) by striking `foreign military personnel' and inserting `such foreign personnel';

(2) in paragraph (4)--

(A) by striking `and military training activities' and inserting `military training activities'; and

(B) by inserting before the period at the end the following: `, and training programs sponsored by the Department of State';

(3) by redesignating paragraph (6) as paragraph (7); and

(4) by inserting after paragraph (5) the following new paragraph (6):

`(6) A description of any minor military construction projects for which expenses were paid, including a justification of the benefits of each such project to training under this section.'.

(e) Effective Date- The amendments made by this section shall take effect on the of the enactment of this Act. The amendments made by subsection (d) shall apply with respect to any reports submitted under subsection (e) of section 2011 of title 10, United States Code (as so amended), after that date.

Subtitle H--Other Matters

SEC. 1081. REDESIGNATION OF THE CENTER FOR HEMISPHERIC DEFENSE STUDIES AS THE WILLIAM J. PERRY CENTER FOR HEMISPHERIC DEFENSE STUDIES.

(a) Redesignation-

(1) IN GENERAL- The Center for Hemispheric Defense Studies is hereby redesignated as the `William J. Perry Center for Hemispheric Defense Studies'.

(2) REFERENCES- Any reference in any law, regulation, map, document, record, or other paper of the United States to the center referred to in paragraph (1) shall be considered to be a reference to the William J. Perry Center for Hemispheric Defense Studies.

(b) Conforming Amendments- Title 10, United States Code, is amended as follows:

(1) In section 184--

(A) in subsection (b)(2), by striking subparagraph (C) and inserting the following new subparagraph (C):

`(C) The William J. Perry Center for Hemispheric Defense Studies, established in 1997 and located in Washington, D.C.'; and

(B) in subsection (f)(5), by striking `Center for Hemispheric Defense Studies' and inserting `William J. Perry Center for Hemispheric Defense Studies'.

(2) In section 2611(a)(2), by striking subparagraph (C) and inserting the following new subparagraph (C):

`(C) The William J. Perry Center for Hemispheric Defense Studies.'.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS


Subtitle A--Assistance and Training


SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES AND MODIFICATION OF NOTICE IN CONNECTION WITH INITIATION OF ACTIVITIES.


(a) Extension- Subsection (g) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as most recent amended by section 1204(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1622), is further amended--
(1) by striking `September 30, 2013' and inserting `September 30, 2014'; and
(2) by striking `fiscal years 2006 through 2013' and inserting `fiscal years 2006 through 2014'.
(b) Modification of Notice-
(1) IN GENERAL- Subsection (e)(2) of such section 1206, as amended by section 1206(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is further amended by adding at the end the following new subparagraph:
`(D) Detailed information (including the amount and purpose) on the assistance provided the country during the three preceding fiscal years under each of the following programs or accounts:
`(i) A program under this section.
`(ii) The Foreign Military Financing program under the Foreign Assistance Act of 1961.
`(iii) Peacekeeping Operations.
`(iv) The International Narcotics Control and Law Enforcement (INCLE) program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291).
`(v) Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to any country in which activities are initiated under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 on or after that date.

SEC. 1202. EXTENSION OF AUTHORITY FOR NON-RECIPROCAL EXCHANGE OF DEFENSE PERSONNEL BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.


Section 1207(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2514; 10 U.S.C. 168 note) is amended by striking `September 30, 2012' and inserting `September 30, 2017'.

Subtitle C--Reports

SEC. 1231. REVIEW AND REPORTS ON DEPARTMENT OF DEFENSE EFFORTS TO BUILD THE CAPACITY OF AND PARTNER WITH FOREIGN SECURITY FORCES.

(a) Review-
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Defense Policy Board shall conduct a review of the efforts of the Department of Defense to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies.
(2) ELEMENTS- The review required by this subsection shall include the following:
(A) An examination of the ways in which the efforts of the Department to build the capacity of, or partner with, foreign security forces directly support implementation of current national defense and security strategies.
(B) An assessment of the range of effects that efforts of the Department to build the capacity of, or partner with, foreign security forces are designed to achieve in support of current national defense and security strategies.
(C) An assessment of the criteria used for prioritizing such efforts in support of national defense and security strategies.
(D) An identification of the authorities the Department currently uses to implement such efforts, together with an assessment of the adequacy of such authorities.
(E) An assessment of the capabilities required by the Department to implement such efforts.
(F) An assessment of the most effective distribution of the roles and responsibilities for such efforts within the Department, together with an assessment whether the Department military and civilian workforce is appropriately sized and shaped to meet the requirements of such efforts.
(G) An evaluation of current measures of the Department for assessing activities of the Department designed to build the capacity of, or partner with, foreign security forces, including an assessment whether such measures address the extent to which such activities directly support the priorities of national defense and security strategies.
(H) An identification of recommendations for clarifying or improving the guidance and assessment measures of the Department relating to its efforts to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies.
(3) REPORT- Not later than 90 days after the completion of the review required by this subsection, the Secretary of Defense shall submit to the congressional defense committees a report containing the result of the review.
(b) Strategic Guidance on Department of Defense Efforts To Build Partner Capacity and Other Partnership Initiatives- Not later than 120 days after the completion of the review required by subsection (a), the Secretary of Defense shall, in coordination with the Chairman of the Joint Chiefs of Staff, submit to the congressional defense committees a report setting forth the following:
(1) An assessment, taking into account the recommendations of the Defense Policy Board in the review required by subsection (a), of the efforts of the Department of Defense to build the capacity of, and partner with, foreign military forces in support of national defense and security strategies.
(2) Strategic guidance for the Department for its efforts to build the capacity of, and partner with, foreign military forces in support of national defense and security strategies, which guidance shall address--
(A) the ways such efforts directly support the goals and objectives of national defense and security strategies;
(B) the criteria to be used for prioritizing activities to implement such efforts in support of national defense and security strategies;
(C) the measures to be used to assess the effects achieved by such efforts and the extent to which such effects support the objectives of national defense and security strategies;
(D) the appropriate roles and responsibilities of the Armed Forces, the Defense Agencies, and other components of the Department in conducting such efforts; and
(E) the relationship of Department workforce planning with the requirements for such efforts.

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 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 2013 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.