Senate Committee on Armed Services report on S. 3254, National Defense Authorization Act for 2013

112TH CONGRESS 2ND SESSION


SENATE


REPORT

112-173

Calendar No. 419

NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2013

R E P O R T

[to accompany s. 3254]

on

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

together with

ADDITIONAL VIEWS

COMMITTEE ON ARMED SERVICES

UNITED STATES SENATE

congress.#13

JUNE 4, 2012- Ordered to be printed

SUBTITLE B--COUNTER-DRUG ACTIVITIES

Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities (sec. 1011)

The committee recommends a provision that would extend by 1 fiscal year the support by joint task forces under section 1022(b) of the National Defense Authorization Act (NDAA) for Fiscal Year 2004 (Public Law 108-136), as most recently amended by section 1004 of the NDAA for Fiscal Year 2012 (Public Law 112-81).

The committee notes that the Department of Defense is currently using this authority to conduct only one operation. While the committee is pleased to learn of the Department's judicious use of this authority, the committee also believes there are additional activities that could potentially be conducted, particularly in Northwest Africa.

Requirement for biennial certification on provision of support for counter-drug activities to certain foreign governments (sec. 1012)

This section 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 rather than annual certification for the Department of Defense to provide additional support for counterdrug activities to certain foreign governments.

Authority to support the unified counterdrug and counterterrorism campaign in Colombia (sec. 1013)

The committee recommends a provision that would permit, for 1 fiscal year, the Secretary of Defense to expend not more than $50.0 million 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. Further, the provision would require the Secretary of Defense to submit a report on any assistance provided pursuant to this provision to the congressional defense committees on an annual basis.

The committee notes that the provision is a modification of section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), as amended most recently by section 1007 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81). The committee's intent is to permit the Secretary to continue all ongoing operations in support of the security forces of the Government of Colombia, including advise and assist operations which have been an important element of U.S. support to the Government of Colombia. The committee's underlying intent is to enhance congressional oversight of these activities and provide additional transparency to outside observers without degrading ongoing operations. The committee recognizes that, although the Government of Colombia has made significant progress combating narcotics trafficking and designated terrorist organizations, this authority is still required to assist the Government of Colombia consolidate the notable gains made over the past decade.

Quarterly reports on use of funds in the Drug Interdiction and Counter-Drug Activities, Defense-wide account (sec. 1014)

The committee recommends a provision 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 of the expenditures of funds and expenditures 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).

SUBTITLE E--MISCELLANEOUS AUTHORITIES AND LIMITATIONS

Modification of authority on training of special operations forces with friendly foreign forces (sec. 1042)

The committee recommends a provision that would modify section 2011 of title 10, United States Code, to state that the purposes of the Joint Combined Exchange Training (JCET) authority are to support the training of U.S. Special Operations Forces and the armed forces and other security forces of a friendly foreign country. Consistent with current practice, the recommended modification would also require the Secretary of Defense to coordinate with the Secretary of State prior to the initiation of any such training. Lastly, the recommended modification would authorize unspecified minor military construction projects, up to $250,000, that are in direct support of authorized training.

The committee notes that the JCET authority is an effective tool for improving the language and cultural expertise of U.S. Special Operations Forces while providing opportunities to practice skills needed to conduct a variety of missions, including foreign internal defense, unconventional warfare, and counterterrorism. The committee also recognizes the inherent benefit of JCET events in building the capacity of foreign partners. The committee notes that the JCET authority allows flexibility for U.S. Special Operations Forces to engage with appropriate partner nation armed forces and other security forces, including those that conduct border and maritime security, internal defense and security, and counterterrorism operations.

The committee believes the recommended modifications to the JCET authority more accurately reflect the current use of JCETs as a training and engagement tool for geographic combatant commanders and country teams. The committee notes that over the past decade the Department of Defense has used the JCET authority to support the development of national militaries and other security forces in key regions. In countries of particular concern, the Department has sought to be more persistently engaged with partners. The committee believes such persistent engagements support our broader counterterrorism interests, ensure U.S. access and placement in key regions, and enable foreign militaries to better support ongoing multilateral operations. The recommended modifications are intended to increase the flexibility of the JCET authority to facilitate more persistent and enduring engagement with partner nation security forces while continuing to provide a benefit, but not necessarily the primary benefit, to U.S. Special Operations Forces.

SUBTITLE H--OTHER MATTERS

Redesignation of Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies (sec. 1081)

The committee recommends a provision 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.

ITEMS OF SPECIAL INTEREST

Use of general purpose forces and special operations forces for security force assistance

The committee notes that the guidance documents issued by the President and Department of Defense (DOD) have emphasized international security force assistance as an element of our broad security strategy captured in the National Security Strategy, Quadrennial Defense Review, National Strategy for Counterterrorism, and the recent Defense Strategic Guidance. Historically, special operations forces have conducted the majority of the DOD's activities to train, equip, advise, and assist international security forces. However, the fundamental role of building partner nation capability and capacities and the limited availability of special operations forces (SOF) for this mission have required DOD to build the capabilities and capacities of its general purpose forces (GPF) to conduct security force assistance.

The Commander of U.S. Special Operations Command (USSOCOM) has projected that the current high demand for SOF will continue and that a `steady state' of approximately 12,000 deployed SOF will be required to meet the future requirements of the geographic combatant commanders for security force assistance, counterterrorism, civil affairs, military information support, and other missions. At the same time, DOD and the military services are also taking steps to identify capability requirements, implementing new approaches to organizing units--including aligning certain GPF to specific regions, and adjusting training to enhance the ability of GPF to conduct security force assistance activities.

The committee is aware of the Comptroller General's previous work on challenges DOD faces in defining its concept for security force assistance and guiding combatant commander and service efforts to plan and conduct related activities, as well as its work on challenges USSOCOM has faced in providing sufficient numbers of trained personnel to meet the demand for increased deployments.

Given that high demand for SOF is projected to continue for the foreseeable future, as well as DOD's efforts to expand the capabilities of the GPF to perform security force assistance, the committee is concerned that the Department risks creating redundancies, investing funds, and utilizing personnel in creating duplicative capabilities when resources are increasingly limited and the size of the GPF is decreasing.

In order to better understand the Department's plan for the security force assistance mission within both GPF and SOF, the committee directs the Comptroller General of the United States to provide a report to the congressional defense committees on its evaluation of DOD efforts in these areas, including the extent that DOD has delineated the roles and responsibilities of SOF and GPF; distinguished between the types of circumstances where the respective forces would be used to conduct security force assistance activities; and whether DOD has identified and prioritized the respective requirements and resource needs for building and sustaining the capabilities of both types of forces, and other matters the Comptroller General sees fit to include.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

SUBTITLE A--ASSISTANCE AND TRAINING

Extension of authority to build the capacity of foreign military forces and modification of notice in connection with initiation of activities (sec. 1201)

The committee recommends a provision that would extend through September 30, 2014, the authority under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended, for the Secretary of Defense, with the concurrence of the Secretary of State, to conduct a program to build the capacity of foreign military forces. The provision would also require the Secretary of Defense to provide, as part of the 15-day prior notification of the initiation of a project under this authority, additional information on assistance provided during the 3 preceding fiscal years to the country in which the project is to be initiated. The committee believes the provision of this additional information in the notification will facilitate congressional oversight of the train and equip program.

Extension of authority for non-reciprocal exchange of defense personnel between the United States and foreign countries (sec. 1202)

The committee recommends a provision that would extend for 5 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 committee notes that DOD has used this authority judiciously and only recently expanded its use to include countries outside of our traditional partners. The committee urges the Department to continue to use this authority and to consider using it to enhance--consistent with the new Defense Strategic Guidance--our partnerships in the Middle East and Asia Pacific.

SUBTITLE C--REPORTS

Review and reports on Department of Defense efforts to build the capacity of and partner with foreign security forces (sec. 1231)

The committee recommends a provision that would require the Defense Policy Board to conduct a review, within 180 days of enactment of this Act, of Department of Defense (DOD) efforts to build the capacity of, or partner with, foreign security forces in support of national defense and security strategies. The Secretary of Defense would be required to report to the congressional defense committees on the results of the review.

The provision would also require the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, to submit to the congressional defense committees, not later than 120 days after the completion of the Defense Policy Board review, a report setting forth strategic guidance for DOD efforts to build the capacity of, and partner with, foreign military forces in support of national defense and security strategies.

The committee notes that the DOD 2010 Quadrennial Defense Review identified building partner capacity and partnership as one of the Department's core missions. Over the last several years, DOD authorities and programs involved in building partner capacity and partnership have multiplied significantly. These include, but are not limited to: the `Section 1206' global train and equip program; the Afghanistan Security Forces Fund; the Pakistan Counterinsurgency Fund; targeted authorities for building capacity in Yemen and East Africa; the Global Security Contingency Fund; the State Partnership Program; the Warsaw Initiative Fund; the Ministry of Defense Advisors program; and the DOD counternarcotics authorities. However, the Department has yet to clearly define the strategic ends toward which its efforts to build partner capacity and partner with foreign forces are directed, and how to prioritize among these efforts. The committee believes it is critical, particularly in a resource-constrained environment, that DOD provide clear guidance on the objectives and priorities of these efforts to ensure that these activities directly advance U.S. national defense and security interests and can be assessed for their effectiveness in achieving U.S. strategic goals.

ITEMS OF SPECIAL INTEREST

Special operations security force assistance activities

The committee notes that the defense strategic guidance titled `Sustaining U.S. Global Leadership: Priorities for 21st Century Defense' states `Whenever possible, we will develop innovative, low-cost, and small footprint approaches to achieve our security objectives, relying on exercises, rotational presence, and advisory capabilities.' The committee believes that U.S. Special Operations Forces, because of their combat experience, ability to operate independently, and unique cultural and language expertise, are well suited to implement this mandate.

The committee is aware of concerns from the Commander of U.S. Special Operations Command and the commanders of the theater special operations commands that the bureaucratic processes associated with the Department of Defense's (DOD) security force assistance authorities may, in some cases, hamper the efforts of special operations forces to remain engaged persistently with partner nation security forces. The committee recognizes that such persistent engagement is important to building the capacity of and establishing an enduring relationship with special operations and other security forces in priority countries.

The committee notes that Congress has made efforts in recent years to provide more flexible and responsive authorities to conduct security force assistance activities. The committee encourages DOD to make more effective use of existing authorities, including the Global Security Contingency Fund, `section 1206' global train and equip authority, and DOD counternarcotics authorities, to better support the security force assistance activities of special operations forces under the command of the theater special operations commands.

Furthermore, the committee notes that section 1203 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) required the Secretary of Defense to provide a report due no later than 90 days after the enactment of that Act outlining the authorities that may be necessary for U.S. Special Operations Forces to adequately conduct counterterrorism, unconventional warfare, and irregular warfare in the future. That report has not been delivered to the committee. Additionally, elsewhere in this Act and accompanying report, the committee requires a report by the Comptroller General of the United States on the roles of general purpose and special operations forces in conducting security force assistance and a review by the Defense Policy Board on DOD efforts to build partnership capacity and partnership initiatives. The committee looks forward to the results of these reviews to guide future legislative or policy initiatives with respect to security force assistance activities.

TITLE XIV--OTHER AUTHORIZATIONS

SUBTITLE D--OTHER MATTERS

BUDGET ITEMS

Demand Reduction Program--expanded drug testing

The budget request included $889.5 million for the Department of Defense's (DOD) Drug Interdiction and Counter-drug Activities, Defense-wide, and $109.8 million for the DOD's Drug Demand Reduction Program. The committee recommends a decrease of $25.9 million in Drug Interdiction and Counter-drug Activities, Defense-wide, and increase of $25.9 million in Drug Demand Reduction Program.

The committee supports the ongoing efforts of the Under Secretary of Defense for Personnel and Readiness to expand the existing Drug Demand Reduction Program testing program to include prescription and synthetic drugs. Further, the committee directs the Secretary of Defense to program funding for these activities in future years.

TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

SUBTITLE C--LIMITATIONS AND OTHER MATTERS

BUDGET ITEMS

Installation information infrastructure support for United States Southern Command

The budget request included $393.2 million in the Operation and Maintenance, Army (OMA), in the Overseas Contingency Operations (OCO) account for Other Personnel Support. At the request of United States Southern Command (SOUTHCOM), the committee recommends a decrease of $40.0 million in OMA, OCO and an increase of $40.0 million in Other Procurement, Army, OCO for the Installation Information Infrastructure Modification Program to support the SOUTHCOM Commander's information infrastructure requirements.