National Defense Authorization Act for Fiscal Year 2013
2012
112TH CONGRESS 2D SESSION
HOUSE OF REPRESENTATIVES
Report
112-705
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
CONFERENCE REPORT
to accompany
H.R. 4310
[Graphic image not available]
DECEMBER 18, 2012- Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
77-419
2012
112TH CONGRESS 2D SESSION
HOUSE OF REPRESENTATIVES
Report
112-705
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013
CONFERENCE REPORT
to accompany
H.R. 4310
SECTION 1. SHORT TITLE.
- This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2013'.
TITLE X--GENERAL PROVISIONS
SUBTITLE B--COUNTER-DRUG ACTIVITIES
Extension of the authority to establish and operate National Guard counterdrug schools (sec. 1008)
The House bill contained a provision (sec. 1011) that would authorize the Secretary of Defense to continue to operate the five National Guard Counterdrug Schools currently in existence for an additional period of 5 years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would incorporate a new reporting requirement and establish an annual limitation on funding.
Biannual reports on use of funds in the Drug Interdiction and Counter-Drug Activities, Defense-wide account (sec. 1009)
The House bill contained a provision (sec. 1012) that would extend by 1 year the reporting requirement on expenditures to support foreign counter-drug activities under section 1022 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398), as most recently amended by section 1008 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).
The Senate amendment contained a similar provision (sec. 1014) that would require the Secretary of Defense to submit on a quarterly basis reports to the congressional defense committees setting forth, by project code, a description of all expenditures of funds to support foreign counterdrug activities from the Drug Interdiction and Counterdrug Activities Defense-wide account. Further, the provision would repeal section 1022 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398), as most recently amended by section 1008 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).
The House recedes with an amendment that would modify the requirement under the Senate amendment to require semiannual reports.
Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia (sec. 1010)
The House bill contained a provision (sec. 1013) that would extend by 1 year the unified counterdrug and counterterrorism campaign in the Republic of Colombia under section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), as most recently amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).
The Senate amendment contained a provision (sec. 1013) that would permit, for 1 fiscal year, the Secretary of Defense to expend not more than $50.0 million to continue to support the unified counterdrug and counterterrorism campaign of the Government of Colombia. The provision would permit the Secretary to provide: (1) logistics support, services, and supplies; (2) the types of support authorized under section 1004(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510), as amended; and (3) the types of support authorized under 1033(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85), as amended. The provision would prohibit U.S. personnel from participating in any combat operation in connection with assistance provided under this authority. The provision would require the Secretary of Defense to submit an annual report on any assistance provided pursuant to this provision to the congressional defense committees.
The Senate recedes.
Extension of Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities (sec. 1011)
The House bill contained a provision (sec. 1014) that would extend by 1 year the support for joint task forces under section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), as most recently amended by section 1004 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81).
The Senate amendment contained an identical provision (sec. 1011).
The conference agreement includes this provision.
The conferees note that the Department of Defense (DOD) is currently using this authority in a limited number of locations. While the conferees are pleased to learn of DOD's judicious use of this authority, the conferees also believe there are additional activities that could potentially be conducted in additional regions, particularly against illicit smuggling networks in Northwest Africa.
Requirement for biennial certification on provision of support for counter-drug activities to certain foreign governments (sec. 1012)
The Senate amendment contained a provision (sec. 1012) that would amend section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85), as most recently amended by section 1006 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81), to require biennial certification following the first year certification, rather than annual certification for the Department of Defense to provide additional support for counterdrug activities to certain foreign governments.
The House bill contained no similar provision.
The House recedes.
SUBTITLE D--COUNTERTERRORISM
Extension of authority to make rewards for combating terrorism (sec. 1021)
The House bill contained a provision (sec. 1034) that would extend section 127(b) of title 10, United States Code, which allows the Secretary of Defense to offer and make rewards to a person providing information or nonlethal assistance to U.S. Government personnel or government personnel of Allied Forces participating in a combined operation with U.S. Armed Forces through fiscal year 2014 and require a report that outlines future requirements of the authority.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department has used this authority in Afghanistan, but not in other ongoing contingency operations such as Operation Observant Compass, the U.S. military's operation to advise and assist the Ugandan People's Defense Force (UPDF) and other regional militaries in their ongoing efforts to apprehend or remove Joseph Kony and his top lieutenants from the battlefield. Enhancing U.S. Africa Command's (AFRICOM) effectiveness in helping regional partners end one of the most enduring and destructive scourges on the continent would go a great distance in convincing the people and governments of Africa that the United States can offer a sincere and valuable contribution to the continent's security. The conferees believe that U.S. forces have not made effective use of the Department of Defense's (DOD) counterterrorism rewards program, despite Joseph Kony's designation as a Specially Designated Global Terrorist in 2008. This authority allows deployed forces to incentivize the local populace to provide information in support of operations conducted against international terrorism and to improve force protection. The conferees believe delegating appropriate approvals for the use of this authority to forces on the ground and targeting outreach efforts at defecting LRA members would enhance the use and effectiveness of this authority.
Comptroller General of the United States Review of Geographic Combatant Commands
The House Report contained an item of special interest directing the Comptroller General of the United States to conduct a review of the personnel and resources of the geographic combatant commands (GCC), their supporting military service component commands, and other assigned task forces, and to submit a report on a variety of matters.
The conferees note that as the challenges to national security continue to evolve, the Department of Defense faces missions of increasing scope, variety, and complexity around the world. To perform these missions, the GCCs conduct activities within assigned areas of responsibility, to include military-to-military relations, stability operations, security assistance engagements, post-conflict operations, disaster relief, humanitarian assistance, and other tasks, as assigned. Each GCC also has dedicated military service component sub-unified commands, theater special operations commands, and task forces operating in support of these missions.
At a time of growing economic and fiscal constraints and evolving security requirements, the conferees believe that the Department must ensure the GCCs and their supporting elements have the appropriate levels and types of personnel and resources to execute theater security campaign plans and to respond to emerging contingencies while avoiding duplication of effort and excessive headquarters structure. The conferees note that in a March 2012 report, the Comptroller General concluded that there may be additional opportunities to consolidate organizations and centralize functions across the Department, to include the GCCs.
The conferees direct the Comptroller General of the United States to conduct a review of the personnel and resources of the combatant commands, their supporting military service component commands, theater special operations commands, and assigned task forces, and to submit a report on the findings to the Committees on Armed Services of the Senate and House of Representatives by June 30, 2013. The review should cover the following: (1) the level of resources, in terms of personnel and overall support costs, associated with the commands for fiscal years 2001 through 2011 and an assessment of their adequacy to meet the commands' assigned missions and responsibilities; (2) how the commands, their supporting military service component commands, theater special operations commands, and assigned task forces are currently organized and structured to ensure efficiency and avoid duplication within and among the various organizations; (3) what steps, if any, the Department has taken to reexamine the size and structure of its GCCs and their subordinate organizations in light of the new strategic guidance issued in 2012; (4) how the Department maximizes efficiencies across the GCCs and the associated sub-unified numeric coded organizations and the associated commander support organizations; and (5) other matters the Comptroller General may deem appropriate.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A--ASSISTANCE AND TRAINING
Modification and extension of authorities relating to program to build the capacity of foreign military forces (sec. 1201)
The House bill contained a provision (sec. 1202) that would modify the authority under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) for the Secretary of Defense, with the concurrence of the Secretary of State, to conduct programs to build the capacity of foreign military forces to conduct counterterrorism and stability operations (the `1206 authority'). The provision would add small-scale military construction to the types of assistance that could be provided under the 1206 authority during fiscal year 2013. Small-scale military construction would be limited to under $750,000 per program and no more than $25.0 million in small-scale military construction could be authorized during fiscal year 2013. The provision would also authorize up to 20 percent of the amount authorized for fiscal year 2013 to be obligated and expended for programs authorized in fiscal year 2014, provided that the Secretary of Defense notifies the specified congressional committees by September 30, 2013, of his decision to do so.
The Senate amendment contained a provision (sec. 1201) that would extend the 1206 authority for 1 year through the end of fiscal year 2014 and would amend the required elements of the congressional notification of the initiation of a 1206 project to include additional information on the assistance provided to the recipient country during the preceding 3 fiscal years.
The Senate recedes with an amendment that would extend the 1206 authority, including the annual sublimit on the amount of funds that can be used for stability operations capacity-building, through the end of fiscal year 2014. The amendment would eliminate the authority to obligate and expend fiscal year 2013 funds for programs authorized in fiscal year 2014, but the conference provision would retain the authority to provide 1206 assistance for small-scale military construction. The amendment would also clarify the required elements of the congressional notification required prior to the initiation of a 1206 project.
Extension of authority for non-reciprocal exchanges of defense personnel between the United States and foreign countries (sec. 1202)
The House bill contained a provision (sec. 1203) that would extend for 3 fiscal years the authority for the Department of Defense (DOD) to accept, on a non-reciprocal basis, defense personnel of the defense ministry of an ally or friendly foreign government.
The Senate amendment contained a similar provision (sec. 1202) that would extend the aforementioned authority for 5 fiscal years.
The Senate recedes with an amendment that would extend the authority for 4 fiscal years.
The conferees urge the Department to continue its use of this authority and to consider using it to enhance--consistent with the Defense Strategic Guidance--our relationships with partners and allies.
SUBTITLE F--OTHER MATTERS
Pilot program on repair, overhaul, and refurbishment of defense articles for sale or transfer to eligible foreign countries and entities (sec. 1285)
The Senate amendment contained a provision (sec. 1248) that would authorize the Secretary of Defense to establish a pilot program to repair, overhaul, or refurbish in-stock defense articles in anticipation of their sale or transfer to eligible foreign countries or international organizations. The provision would also authorize the establishment of a fund, called the Special Defense Repair Fund, to support the program. The provision would limit the total amount in the Fund at any time to not more than $50.0 million.
The House bill contained no similar provision.
The House recedes with technical and clarifying amendments.
The conferees expect the Department of Defense to keep the Committees on Armed Services of the Senate and the House of Representatives apprised as the fund is established and the program is implemented.
SUBTITLE G--REPORTS
Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces (sec. 1291)
The Senate amendment contained a provision (sec. 1231) that would require the Defense Policy Board to assess Department of Defense (DOD) efforts to build the capacity of, and partner with, foreign security forces in support of U.S. national security and defense strategies. The provision would require the Secretary of Defense to report to the congressional defense committees on the results of the Defense Policy Board review. The provision would also require that the Secretary of Defense, taking into account the recommendations of the Defense Policy Board review, to report to the congressional defense committees on the Department's strategic guidance for its efforts to build the capacity of, and partner with, foreign military forces in support of U.S. national security and defense strategies.
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. 1404)
The House bill contained a provision (sec. 1404) authorizing appropriations for fiscal year 2013 for the Department of Defense for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
The Senate amendment contained an identical provision (sec. 1405).
The conference agreement includes this provision.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
SUBTITLE A--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec. 1508)
The House bill contained a provision (sec. 1508) authorizing additional appropriations for fiscal year 2013 for the Department of Defense for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.
The Senate amendment contained an identical provision (sec. 1508).
The conference agreement includes this provision.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
SUBTITLE F--OTHER MATTERS
Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies (sec. 2854)
The House bill contained a provision (sec. 2862) that would, as requested by the Department of Defense, redesignate the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies.
The Senate amendment contained a similar provision (sec. 1081).
The Senate recedes with a clarifying amendment.