Senate Armed Services Committee Report on S. 3001, Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
42-224
2008
110TH CONGRESS 2D SESSION
SENATE
REPORT
110-335
Calendar No. 732
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2009
R E P O R T
[to accompany s. 3001]
on
AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 2009 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
congress.#13
MAY 12, 2008- Ordered to be printed
TITLE III--OPERATION AND MAINTENANCE
BUDGET ITEMS
DEFENSE-WIDE
Defense Security Cooperation Agency
The budget request included $880.0 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 security capacity of foreign forces to meet urgent or emerging threats. 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), authorizes the Global Train and Equip program at a level of $300.0 million through September 30, 2008. The Global Train and Equip program is reauthorized under this Act through fiscal year 2011 at a level of $400.0 million in each fiscal year. Therefore, the committee recommends a decrease of $100.0 million to OMDW for the Global Train and Equip program.
ITEMS OF SPECIAL INTEREST
Combatant Commander Initiative Fund
The budget request included $75.0 million in Operation and Maintenance, Defense-wide (OMDW), for the Combatant Commander Initiative Fund (CCIF). The committee notes that this fund is intended to make small amounts of monies available promptly to combatant commanders to enable them to meet unexpected contingencies and take advantage of opportunities that arise but that are not amenable to the time-consuming reprogramming process. The statement of managers accompanying the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189) directs that these funds `may only be used for activities for which funding is not available in a timely fashion under existing authorizations and appropriations.' The committee urges the Department of Defense to preserve the flexibility of this fund, consistent with the intent of Congress, by refraining from programming these funds at the beginning of the fiscal year.
Funding for the CCIF reflects an increase of $50.0 million over the fiscal year 2008 level for this fund. The committee believes that priority in the use of this $50.0 million in additional funding should be given to enabling geographic combatant commanders to respond to unanticipated emergencies in their respective areas of responsibility by providing urgent humanitarian relief and reconstruction assistance, particularly in foreign countries where U.S. armed forces are engaged in a contingency operation. The authority to use the CCIF to provide urgent and unanticipated humanitarian relief and reconstruction assistance is under the authority added to section 166a(b)(6) of title 10, United States Code, by section 902 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The committee notes that the statement of managers accompanying Public Law 109-364 urged the Department to develop guidance for the use of the additional authority provided by section 902 of that act to ensure that the authority could be used quickly and without bureaucratic delay under urgent circumstances. That statement of managers also urged that such guidance include procedures for coordinating with the relevant Department of State country team as a precondition for providing assistance under this authority. The committee is unaware of the Department having developed such guidance and again urges the Department to do so, consistent with the statement of managers' recommendations.
The committee also notes that the additional authority provided under section 902 is not intended for use in Afghanistan or Iraq so long as Commanders' Emergency Response Program (CERP) authority is available for use in those countries.
The committee directs the Chairman of the Joint Chiefs of Staff, after consultation with the combatant commanders, to submit a report to the Committees on Armed Services of the Senate and House of Representatives by October 31, 2009, providing a detailed description of the activities funded by the CCIF during fiscal year 2009, and an assessment of the benefits derived from those activities.
TITLE X--GENERAL PROVISIONS
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities (sec. 1021)
The committee recommends a provision that would extend authority for joint task forces to use counterdrug funds to support law enforcement agencies conducting counterterrorist activities.
The committee directs the Deputy Assistant Secretary of Defense for Counternarcotics Affairs to provide an annual briefing about the use of this authority to the committee.
The committee notes that if the Department of Defense (DOD) or the law enforcement agencies do not have sufficient funds for counterterrorist activities, funding should be sought for those purposes. The base budget for DOD counterdrug activities has remained constant over about the last decade, and while the committee supports using funds to address counterdrug and counterterrorist threats simultaneously, the committee urges DOD to be mindful of counterdrug priorities.
Two-year extension of authority for use of funds for unified counterdrug and counterterrorism campaign in Colombia (sec. 1022)
The committee recommends a provision that would extend by 2 years the authority to use counterdrug funds to support the Government of Colombia's unified campaign against narcotics cultivation and trafficking, and against terrorist organizations involved in such drug trafficking activities.
The committee has provided funding since fiscal year 2000 to support Colombia's effort to defeat the narco-terrorists threatening the Colombian state and stability in the region. The Colombian Government has moved from Plan Colombia to Plan Patriota, the military campaign to retake control of all municipalities in Colombia, to the current third phase, Plan Consolidacion. This plan, which should stretch to the end of 2009, aims to establish governance and ensure that military gains are irreversible. Meanwhile, the military campaign to defeat the narco-terrorists continues, along with the demobilization of the paramilitaries. President Uribe's administration, with U.S. help, is also making efforts to improve human rights, and create employment opportunities for the over 30,000 demobilized paramilitaries.
The committee applauds the military progress that Colombian forces, with U.S. assistance, have achieved and encourages the Colombian Government to continue to increase its emphasis on socio-economic reform and development, human rights, and to further improve military professionalization and proficiency.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A--ASSISTANCE AND TRAINING
Increase in amount available for costs of education and training of foreign military forces under Regional Defense Combating Terrorism Fellowship Program (sec. 1201)
The committee recommends a provision that would amend section 2249c(b) of title 10, United States Code, to increase the amount of funds available for the Regional Defense Combating Terrorism Fellowship Program up to $35.0 million.
The committee notes that this `parallel' program to the International Military Education and Training (IMET) program, authorized under title 22, United States Code, would now be funded at about one-third the size of the $90.5 million requested for IMET for fiscal year 2009. The committee urges the President to address the requirements met by the title 10 authority by providing additional funding to the Department of State programs, so that the agency traditionally authorized to set policy and programs for foreign military education and training is properly funded to do so.
Authority for distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces (sec. 1202)
The committee recommends a provision that would authorize the Secretary of Defense, with the concurrence of the Secretary of State, to provide electronically-distributed education and training materials to the military and civilian personnel of friendly foreign governments to enhance interoperability between the armed forces and military forces of friendly foreign nations. This provision would make permanent the authority provided under section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), which expires on September 30, 2008.
Modification and extension of authorities relating to program to build the capacity of foreign military forces (sec. 1204)
The committee recommends a provision that would extend and modify the 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), for the Secretary of Defense, with the concurrence of the Secretary of State, to build the capacity of foreign military forces to conduct counterterrorism operations or to support military or stability operations in which U.S. armed forces are participating.
The provision would expand the types of security forces eligible to be trained and equipped under section 1206 authority to include coast guard, border protection, and other security forces whose primary mission is counterterrorism operations. The committee notes that the restrictions on the training of police or other law enforcement forces, codified in section 2420 of title 22, United States Code, would apply to activities under this authority.
The provision would increase the limitation on funding for building the capacity of foreign forces from $300.0 million to $400.0 million per fiscal year and would provide that funds available for one fiscal year may be used for programs that begin in that fiscal year but end in the next fiscal year. The provision also would extend the section 1206 authority for 3 years through September 30, 2011.
The train and equip authority under section 1206 was initiated as a pilot program to address urgent and emerging needs for building the capacity of foreign military forces, particularly those of developing or other countries that otherwise would be unable to build this capacity on their own. This authority is not intended to duplicate or substitute for other foreign assistance authorities, nor is it intended to sustain train and equip programs over multiple years. In extending this authority for an additional 3-year period, the committee emphasizes the need for train and equip programs to be executed consistent with the legislative intent of the section 1206 authority.
Specifically, the committee is concerned that funds under this authority are being used for programs, particularly in countries where the terrorist threat is currently low, that primarily serve to build counter-narcotics capabilities. While recognizing a degree of overlap between counterterrorism and counter-narcotics capabilities, the committee urges the Department of Defense to fund programs to build counter-narcotics capabilities using funds and authorities intended to support counter-narcotics activities, and, if appropriate, seek any necessary modifications to existing counter-narcotics authorities to support these activities.
The committee also recognizes that urgent U.S. national security priorities and compelling terrorist threats vary from one geographic combatant command to another. The committee therefore expects that programs and funding under section 1206 authority will not be equitably distributed among the geographic combatant commands. For example, the committee notes that many countries in what will be the U.S. Africa Command area of responsibility are vulnerable to terrorist activity and have limited resources to address these threats. Therefore, the committee views the need for section 1206 assistance in that geographic command to be particularly compelling.
Extension of authority and increased funding for security and stabilization assistance (sec. 1205)
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), as amended by section 1210 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181). Under that section, the Secretary of Defense is authorized to provide the Secretary of State services, defense articles, or funding to support Department of State programs for reconstruction, security, or stabilization assistance.
The provision recommended by the committee would extend the authority of section 1207 for 3 years until September 30, 2011, and increase the total value of all services, defense articles, and funds that may be provided or transferred under this section in a fiscal year to $200.0 million.
The committee is concerned that the Department of Defense has inappropriately restricted the uses for which services or funds may be provided to the Department of State under section 1207 security and stabilization assistance authority. The Secretary of Defense stated in testimony before the Committee on Armed Services of the House of Representatives on April 15, 2008 that section 1207 authority is primarily for bringing civilian expertise to operate alongside or in place of our armed forces. The committee is concerned that this is too narrow an interpretation of the original administration rationale for, and the legislative intent of, section 1207 authority, which is intended to enable the Secretary of Defense to support the provision by the Secretary of State of reconstruction, security, or stabilization assistance to a foreign country. This could include, for instance, providing early civilian resources to avert a crisis that could otherwise subsequently require U.S. military forces to assist or intervene. The committee encourages the Department of Defense to improve its coordination with the Department of State, and its consultation with the relevant committees of Congress, in formulating and implementing programs under the section 1207 authority.
SUBTITLE B--DEPARTMENT OF DEFENSE PARTICIPATION IN BILATERAL, MULTILATERAL, AND REGIONAL COOPERATION PROGRAMS
Availability across fiscal years of funds for military-to-military contacts and comparable activities (sec. 1211)
The committee recommends a provision that would amend section 168(e) of title 10, United States Code, by making funds available for programs or activities under this section that begin in a fiscal year and end in the following fiscal year.
Enhancement of authorities relating to Department of Defense regional centers for security studies (sec. 1212)
The committee recommends a provision that would amend section 184(f) of title 10, United States Code, to make funds available for programs and activities that begin in a fiscal year and end in the following fiscal year, effective October 1, 2008.
As a pilot program, the committee would also authorize the Secretary of Defense to waive reimbursement costs for nongovernmental and international organization personnel participating in regional center activities during fiscal years 2009 and 2010. In order to do so, the Secretary of Defense must determine that attendance of such personnel without reimbursement is in the national security interests of the United States. The amount that may be waived may not exceed $1.0 million.
The annual report submitted by the Secretary of Defense for fiscal years 2011 and 2012 would include information on the attendance of personnel of nongovernmental and international organizations who participate in activities of the regional centers during the preceding fiscal year, including information on costs incurred by the United States for the participation of personnel of nongovernmental and international organizations.