Report on S.1547, National Defense Authorization Act for FY 2008
2007
110TH CONGRESS 1ST SESSION
SENATE
Report
110-77
Union Calendar No. 185
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
R E P O R T
[to accompany s. 1547]
TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2008 FOR MILITARY ACTIVITIES OF THE DEPARTMENT OF DEFENSE, FOR MILITARY CONSTRUCTION, AND FOR DEFENSE ACTIVITIES OF THE DEPARTMENT OF ENERGY, TO PRESCRIBE PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR OTHER PURPOSES
COMMITTEE ON ARMED SERVICES
UNITED STATES SENATE
[Graphic image not available]
JUNE 5, 2007- Ordered to be printed
PURPOSE OF THE BILL
Committee overview and recommendations
In the area of counterdrug activities, the committee:
Authorized an increase of $22.5 million to support DOD drug interdiction activities, primarily those of the U.S. Southern Command.
Authorized the Department to provide counterdrug support to Mexico and the Dominican Republic.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE E--OTHER MATTERS
BUDGET ITEMS--DEFENSE-WIDE
Defense Security Cooperation Agency
The budget request included $673.4 million in Operation and Maintenance, Defense-wide (OMDW) for the Defense Security Cooperation Agency. Of this amount, $500.0 million was requested for the Global Train and Equip program to build the capacity of foreign forces. The committee notes that the amount requested for the Global Train and Equip program exceeds the existing authority under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), which is limited to $300.0 million of Operation and Maintenance funds in fiscal years 2007 and 2008.
The committee also notes that the request for the Defense Security Cooperation Agency included $7.4 million for the Center for International Issues Research (CIIR) program, which provides updates of open-source media reports. The committee recommends the elimination of this program as an unnecessary duplication of reporting available from other sources.
The request for the Defense Security Cooperation Agency included $5.0 million for the Stability Operations Fellowship program (SOFP). The committee notes that no authority currently exists for the Department of Defense to conduct this fellowship program.
Therefore, the committee recommends a decrease of $212.4 million to the Department's Operation and Maintenance, Defense-wide account for the Defense Security Cooperation Agency, as follows: Global Train and Equip--decrease of $200.0 million; CIIR--decrease of $7.4 million; and SOFP--decrease of $5.0 million.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE C--OTHER MATTERS
Western Hemisphere Center for Excellence in Human Rights (sec. 934)
The committee recommends a provision that would authorize the Secretary of Defense to establish a Western Hemisphere Human Rights Center to continue and expand the work begun under U.S. Southern Command's Human Rights Initiative.
The U.S. Southern Command established a human rights policy in 1990, a human rights office in 1995, and began to promote a human rights initiative, `Measuring Progress in Respect for Human Rights,' with the military forces of the nations in its area of responsibility in 1997. By 2002, every Western Hemisphere nation except Cuba had contributed to the initiative's consensus statement that respect for human rights is a fundamental component of a democracy and a precondition for true security. Since then, the ministers of defense of eight Western Hemisphere nations have committed to implement the Human Rights Initiative within their military forces.
The Department of Defense requested this authority. The committee understands that this center would not duplicate any work that the Command or the U.S. Government is already conducting.
Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute for Security Cooperation (sec. 935)
The Board of Visitors (BOV) of the Western Hemisphere Institute for Security Cooperation (WHINSEC), established in 2001 as mandated by the National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398) includes in its membership the Commander of the U.S. Southern Command, which has responsibility for the countries of Latin America and the Caribbean. On October 1, 2002 the United States Northern Command (NORTHCOM) was established. This command has responsibility for the continental United States, Canada, Mexico, and adjoining waters to approximately 500 nautical miles (including Puerto Rico, the U.S. Virgin Islands, Cuba, and the Bahamas). NORTHCOM is also responsible for theater security cooperation with Canada and Mexico. Participation by Mexican military personnel in classes at WHINSEC is part of the military-to-military contact between the United States and Mexico, and since NORTHCOM was established, a component of the command's security cooperation with Mexico.
In order to reflect the fact that there are now two geographic commands with responsibility in the Western Hemisphere, the committee recommends a provision that would ensure that all combatant commanders with responsibility for the Western Hemisphere are members of the WHINSEC BOV.
TITLE X--GENERAL PROVISIONS
SUBTITLE B--COUNTER-DRUG ACTIVITIES
Expansion of Department of Defense authority to provide support for counter-drug activities to certain additional foreign governments (sec. 1011)
The committee recommends a provision to extend authority to the Department of Defense to provide support to Mexico and the Dominican Republic for their counterdrug activities.
According to the Department of Defense, over 90 percent of the drugs entering the United States come from or via Mexico. Mexican President Felipe Calderon has made fighting the drug cartels and corruption a focus of his administration. The Mexican military lacks the ability to monitor and control air, maritime, and land approaches to Mexico and the security forces need better intelligence-sharing capabilities, among other things.
The Dominican Republic has become, over the last 2 years, a more significant transshipment point for cocaine traveling to the United States from Venezuela. The Dominican security forces lack air, land, and sea mobility, as well as communications and information processing.
The committee, therefore, recommends that counterdrug training and equipment be provided for Mexico and Venezuela under the existing law governing such Department of Defense activities.
SUBTITLE D--REPORTS
Report on threats to the United States from ungoverned areas (sec. 1042)
The committee recommends a provision that would require the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence, to report on the threat posed to the United States by ungoverned areas, especially as they relate to terrorist groups and individuals who aim their activities at the United States and its allies.
The report should describe the intelligence capabilities and the skills that the U.S. Government must have to support U.S. policy aimed at managing these threats, the extent to which the Departments of Defense and State already have these capabilities, and what if anything needs to be done to improve the two departments' capabilities in this area.
The committee notes, on a related subject, that section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) directed the President to submit a report on improving interagency civil-military support for U.S. national security missions, including peace and stability operations. The report was due on April 1, 2007, but the Senate Committee on Armed Services has not received it.
SUBTITLE E--OTHER MATTERS
Sense of Congress on the Western Hemisphere Institute for Security Cooperation (sec. 1066)
The committee recommends a provision that expresses the sense of Congress that the Western Hemisphere Institute for Security Cooperation (WHINSEC) is an invaluable training and education facility.
WHINSEC was established in 2001 by the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398) to provide training and education for eligible military personnel, law enforcement officials, and civilians from the United States and other nations of the Western Hemisphere. The primary language of instruction is Spanish, which makes the institute potentially accessible to a broader group of officials in Latin America and the Caribbean than most other U.S. professional military education institutions. The institute supports military-to-military and political-military relations between the United States and the governments of the Western Hemisphere, which today, with the exception of Cuba, are all democratic. The new institute, established when the School of the Americas closed in December 2000, incorporates issues of human rights and democracy in its curriculum, and has a Board of Visitors providing oversight, as mandated by the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A--ASSISTANCE AND TRAINING
Authority to equip and train foreign personnel to assist in accounting for missing United States personnel (sec. 1201)
The committee recommends a provision that would authorize the Secretary of Defense, with the concurrence of the Secretary of State, to equip and train foreign personnel to assist in the recovery of, and accounting for, missing U.S. personnel.
The U.S. Pacific Command's Joint POW/MIA Accounting Command (JPAC) is an operational agency responsible for worldwide research, investigation, evacuations, and remains identifications relating to those unaccounted for from past conflicts. Since 2001, JPAC has identified the remains of over 400 missing service members from previous conflicts. Of the approximately 88,000 missing from World War II to Vietnam, about 19,000 can be recovered. In some instances, foreign governments will not allow U.S. personnel to conduct recovery and identification missions on their territory. In these cases, foreign nations are asked by the United States to assist in recovery and accounting efforts, provided the nations have trained and equipped personnel.
No more than $1.0 million in assistance may be provided per fiscal year for this purpose.
Extension and enhancement of authority for security and stabilization assistance (sec. 1202)
The committee recommends a provision that would extend and enhance the authority for security and stabilization assistance provided under section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163). That section authorizes the Secretary of Defense to provide the Secretary of State with services, defense articles, or funding to facilitate the provision by the Secretary of State of reconstruction, security, or stabilization assistance to a foreign country.
The provision recommended by the committee would extend the authority of section 1207 for 1 year until September 30, 2008, and increase the aggregate value of all services, defense articles, and funds that may be provided or transferred under this section to $200.0 million. The provision would also add a requirement for the Secretary of State to coordinate with the Secretary of Defense in the formulation and implementation of assistance programs that involve the provision of services or transfer of defense articles or funds under the authority of this section.
The committee notes that the Department of Defense has the authority to build the capacity of partner nations' military forces under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), as amended by section 1206 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). Section 1206 authorizes the Secretary of Defense, with the concurrence of the Secretary of State, to use up to $300.0 million of Operation and Maintenance funds to conduct or support a program to build the capacity of foreign nations' military forces to conduct counterterrorism operations or to participate in or support military or stability operations in which the United States is a participant.
The committee notes that the Department of Defense has stated a need to build the capacity of foreign security forces other than military forces, such as gendarmerie, constabulary, and internal defense forces. The committee notes that the Department of State has existing authority to provide assistance for these purposes. To date, the Department of Defense and the Department of State have failed to coordinate in using the authority provided in section 1207 except in a limited number of programs. The committee believes that assistance for foreign countries to build the capacity of their security forces other than military forces could be facilitated by the authorities provided in section 1207, and encourages the Department of Defense and Department of State to improve coordination between the departments to use this authority more effectively in the future.
The committee notes that the authorities of sections 1206 and 1207 of the National Defense Authorization Act for Fiscal Year 2006 were provided in the spirit of a pilot program. Consistent with the statement of managers accompanying the John Warner National Defense Authorization Act for Fiscal Year 2007, the committee intends to review the implementation of these authorities carefully to determine whether, and if so, in what manner, to re-authorize these or provide other authorities at the conclusion of the pilot program.
The committee stresses that an important factor in its consideration of these matters will be the report required by subsection 1206(f) of the National Defense Authorization Act for Fiscal Year 2006. That report addresses recommended changes, if any, to current laws governing the provision of capacity building assistance; any organizational or procedural changes required to improve the conduct of such assistance programs; and the resources and funding mechanisms required to adequately fund such programs. The committee emphasizes that this report is overdue and directs that it be provided expeditiously.
TITLE XIV--OTHER AUTHORIZATIONS
BUDGET ITEMS
Counterdrug advanced concept technology demonstration
The fiscal year 2008 budget request included $936.8 million for Department of Defense Drug Interdiction and Counterdrug Activities. However, it did not include any funding for an Advanced Concept Technology Demonstration (ACTD) to support drug interdiction efforts in the Western Hemisphere. The committee recommends an increase of $15.0 million for Drug Interdiction and Counterdrug Activities for a counterdrug ACTD. The ACTD would have the following capabilities: (1) electro-optical/infrared/radar to detect and identify small high-speed craft in open water; (2) an extended dwell time of more than 10 to 12 hours; (3) detection of small-to-medium craft wake patterns or variances; (4) geo-location of high frequency and very high frequency low power emitters and other special communications devices; (5) detection and monitoring of semi-submersibles; (6) tracking and monitoring; (7) long-range detection and monitoring of mother-ship operations; (8) on-station airborne early warning for 1,280 hours; and (9) on-station maritime patrol aircraft for 1,420 hours. A successful counterdrug ACTD with these capabilities will allow the U.S. Government to get closer to achieving its goal of disrupting 40 percent of the drugs headed to the United States in the Western Hemisphere transit zone.
Project Athena
The fiscal year 2008 budget request included $936.8 million for Department of Defense Drug Interdiction and Counterdrug Activities, including $2.5 million for Project Athena, a domain awareness system that provides a common operational picture (COP) to national, regional, and local users.
Project Athena fuses real-time downlinks from surveillance sensors, multiple databases, and other sources of intelligence reporting into a COP that can be unclassified, or tailored to multiple security levels. It is therefore capable of providing a COP to the Department of Defense, the Department of Homeland Security, the U.S. Coast Guard, first responders, and partnered nations in a relatively timely and simultaneous manner. The Department of Defense Counternarcotics Technology Program Office is responsible for the project and has successfully tested Project Athena in maritime tracking in the United States. In fiscal year 2006, Project Athena was used at the Joint Interagency Task Force South in Florida and jointly with the Colombian Navy and the Sri Lankan Navy.
The committee recommends an increase of $7.5 million to Defense Drug Interdiction and Counterdrug Activities for Project Athena.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI—ARMY
Ground lease, SOUTHCOM Headquarters Facility, Miami-Doral, Florida (sec. 2109)
The committee recommends a provision that would require amendments to the existing ground lease agreement between the United States Government and the State of Florida for the land proposed as the site of a new headquarters for the U.S. Southern Command (SOUTHCOM) before the Secretary of the Army could begin construction of the headquarters. The committee is concerned that the existing agreement does not allow sufficient flexibility for the use of this facility by other federal agencies in the event future requirements change, and that the lease term should be a more standard 50-year period, rather than 20 years with options for extensions as under the current agreement. The committee understands the State is willing to make these modifications to the lease agreement.