Conference Report on H.R. 1540, National Defense Authorization for Fiscal Year 2012

Bill Number: 
Conference Report 112-329
Date of Last Action: 
Monday, December 12, 2011
Relevant Text: 

71-516

2011


112TH CONGRESS 1ST SESSION


HOUSE OF REPRESENTATIVES


Report

112-329

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

CONFERENCE REPORT

to accompany

H.R. 1540

[Graphic image not available]

DECEMBER 12, 2011- Ordered to be printed

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

71-516

2011


112TH CONGRESS 1ST SESSION


HOUSE OF REPRESENTATIVES


Report

112-329

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

CONFERENCE REPORT

to accompany

H.R. 1540

[Graphic image not available]

DECEMBER 12, 2011- Ordered to be printed

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 1540), to authorize appropriations for fiscal year 2012 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, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report:

The Senate amendment struck all of the House bill after the enacting clause and inserted a substitute text.

The House recedes from its disagreement to the amendment of the Senate with an amendment that is a substitute for the House bill and the Senate amendment. The differences between the House bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the conferees, and minor drafting and clarifying changes.

Compliance with rules of the House of Representatives and Senate regarding earmarks and congressionally directed spending items

Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives and Rule XLIV(3) of the Standing Rules of the Senate, neither this conference report nor the accompanying joint statement of managers contains any congressional earmarks, congressionally directed spending items, limited tax benefits, or limited tariff benefits, as defined in such rules.

Explanation of funding summary

The administration's budget request for national defense discretionary programs within the jurisdiction of the Committees on Armed Services of the Senate and the House of Representatives for fiscal year 2012 was $689.0 billion. Of this amount $553.0 billion was requested for the base budget programs of the Department of Defense, $117.8 billion for overseas contingency operations, and $18.1 billion for national security programs in the Department of Energy and the Defense Nuclear Facilities Safety Board.

The agreement authorizes $662.4 billion national defense discretionary programs and includes $530.0 billion for the base budget of the Department of Defense, $115.5 billion for overseas contingency operations, and $16.9 billion for national security programs in the Department of Energy and the Defense Nuclear Facilities Safety Board.

The following two tables summarize the discretionary authorizations in the agreement and the equivalent budget authority levels for fiscal year 2012 defense programs.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

SUBTITLE B--COUNTER-DRUG ACTIVITIES

Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities (sec. 1004)

The House bill contained a provision (sec. 1011) that would extend, by 1 year, the support by 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 1012(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383).

The Senate amendment contained a similar provision (sec. 1014) that also would prohibit the Department from utilizing this authority until it complies with section 1012(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

The House recedes.

Three-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies (sec. 1005)

The House bill contained a provision (sec. 1012) that would extend, by 1 year, the authority of the Department of Defense to provide additional support to counterdrug activities of other governmental agencies under section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510).

The Senate amendment contained a similar provision (sec. 1011) that would extend, by 5 years, the authority of the Department of Defense to provide additional support to counterdrug activities of other governmental agencies under section 1004 of the National Defense Authorization Act for Fiscal Year 1991. The Senate amendment also would modify the authorized recipients of support under this authority to include tribal law enforcement entities, as defined by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

The Senate recedes with an amendment that would extend the authority for 3 years and would incorporate definitions for `Indian tribe,' `tribal government,' and `tribal law enforcement agency'.

Two-year extension and expansion of authority to provide additional support to counter-drug activities of certain foreign governments (sec. 1006)

The House bill contained a provision (sec. 1013) that would extend, by 1 year, the authority to provide support for counterdrug activities of certain foreign governments under subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85), as most recently amended by section 1014(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383).

The Senate amendment contained a provision (sec. 1012) that would extend, by 5 years, the authority to provide support for counterdrug activities of certain foreign governments under subsection (a)(2) of section 1033 of the National Defense Authorization Act (NDAA) for Fiscal Year 1998, as most recently amended by section 1014(a) of the Ike Skelton NDAA for Fiscal Year 2011. The provision also would amend subsection (e)(2) of section 1033 of the NDAA for Fiscal Year 1998 by increasing the authorized maximum annual amount of support to $100.0 million, and would amend subsection (b) of section 1033 of the NDAA for Fiscal Year 1998 to expand the list of countries eligible to receive support to include the Governments of Benin, Cape Verde, The Gambia, Ghana, Guinea, Ivory Coast, Jamaica, Liberia, Mauritania, Nicaragua, Nigeria, Sierra Leone, and Togo.

The Senate recedes with an amendment that would extend, by 2 years, the authority to provide support for counterdrug activities of certain foreign governments, increase the authorized maximum annual amount of support to $100.0 million, and expand the list of countries authorized to receive assistance under this authority to match the Senate amendment.

Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia (sec. 1007)

The House bill contained a provision (sec. 1014) that would extend, by 1 year, the unified counter-drug 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 1011 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383).

The Senate amendment contained an identical provision (sec. 1015).

The conference agreement includes the provision.

Reporting requirement on expenditures to support foreign counter-drug activities (sec. 1008)

The Senate amendment contained a provision (sec. 1013) that would extend, by 1 year, the reporting requirement on expenditures to support foreign counterdrug activities under section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398), as amended.

The House bill contained no similar provision.

The House recedes.

SUBTITLE G--REPEAL AND MODIFICATION OF REPORTING REQUIREMENTS

Repeal of reporting requirements under title 10, United States Code (sec. 1061-1067)

The House bill contained a provision (sec. 1071) that would repeal certain recurring reporting requirements applicable to the Department of Defense.

The Senate amendment contained a subtitle (Subtitle F of Title X) that would repeal or modify certain recurring reporting requirements.

The House recedes with an amendment incorporating repeals and modifications from both bills.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

SUBTITLE A--ASSISTANCE AND TRAINING

Extension and expansion of authority for support of special operations to combat terrorism (sec. 1203)

The House bill contained a provision (sec. 1201) that would increase the amount of funds available to the Secretary of Defense to provide assistance to foreign forces, irregular forces, groups, or individuals supporting or facilitating military operations by U.S. Special Operations Forces to combat terrorism from $45.0 million to $50.0 million, extend the authority through 2014, and require a report to clarify future requirements.

The Senate amendment included a provision (sec. 1205) that would extend the authority of the Secretary of Defense to provide assistance to foreign forces, irregular forces, groups, or individuals supporting or facilitating military operations by U.S. Special Operations Forces to combat terrorism through 2017.

The Senate recedes with an amendment that would extend the authority through 2015 and require a report to clarify future requirements.

Modification and extension of authorities relating to program to build the capacity of foreign military forces (sec. 1204)

The House bill contained a provision (sec. 1202) that would extend by 1 year, through September 30, 2013, the authority under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), 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 increase the amount authorized each fiscal year for these purposes to $400.0 million. The provision would also add a requirement to report annually on the implementation of the section 1206 authority during the previous fiscal year.

The Senate amendment contained a provision (sec. 1206) that would limit the amount of funds available during fiscal year 2012 for programs under the section 1206 authority to $100.0 million until the Secretaries of Defense and State jointly submit the report required by section 1237 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4642).

The Senate recedes with an amendment that would maintain the authorized annual funding level for the section 1206 program at the current level of $350.0 million. It would also include a clarifying amendment regarding the annual reporting requirement on the implementation of the section 1206 authority.

The conferees note that the Department of Defense is authorized to use up to $100.0 million under the section 1206 program to build the capacity of foreign military forces to participate in or support stabilization operations in which the United States Armed Forces are a participant, including building the capabilities of special operations forces. Separately, the conferees note that the North Atlantic Treaty Organization (NATO) special operations forces are making important contributions to Operation Enduring Freedom (OEF). The conferees support the President's fiscal year 2012 base budget request of $28.7 million in the Army Operation and Maintenance account for the NATO Special Operations Headquarters (NSHQ) and believe that nothing in this Act precludes the Secretary of Defense from supporting the activities of the NSHQ using Overseas Contingency Operations funding for OEF in fiscal year 2012. The conferees encourage the Secretary of Defense to submit to the Committees on Armed Services of the Senate and the House of Representatives a legislative proposal for fiscal year 2013 that would authorize necessary and recurring Department of Defense support for the NSHQ in future years.

Global Security Contingency Fund (sec. 1207)

The House bill contained a provision (sec. 1204) that would authorize the Secretary of State, with the concurrence of the Secretary of Defense, to establish a fund, to be known as the Global Security Contingency Fund (GSCF), to provide assistance to a foreign country to enhance the capabilities of that country's military forces and other security forces. The provision would limit the amount of funds that could be contributed to the fund to not more than $300.0 million for each of the fiscal years 2012 through 2015. The provision would also require the Secretary of State, with the concurrence of the Secretary of Defense, to notify Congress not less than 15 days before initiating a program under the GSCF.

The Senate amendment contained a similar provision (sec. 1207) that would establish the GSCF to be used to provide assistance to a foreign country to build the capabilities of the country's military and other security forces and to enhance the justice sector, rule of law programs, and stabilization efforts under conditions of conflict or instability. The provision would limit the total amount of funds appropriated and transferred to the Fund in any fiscal year to not more than $300.0 million.

The House recedes with an amendment that would limit the total amount that the Department of Defense may transfer into the GSCF in any fiscal year to $200.0 million. The provision would also provide authority during the period prior to when the processes for implementing the GSCF authority are fully operational for the Secretary of Defense to provide assistance to certain security forces of Yemen and of countries in the Horn of Africa or participating in the African Union Mission in Somalia to conduct counterterrorism operations. The total amount of funds available for activities under these transitional authorities and the GSCF authority may not exceed $350.0 million during fiscal year 2012. In addition, the total amount of funds available under the GSCF authority for any fiscal year after fiscal year 2012 would be limited to $300.0 million.

LEGISLATIVE PROVISIONS NOT ADOPTED

Interagency working group on foreign police training

The House bill contained a provision (sec. 1206) that would establish an interagency working group to monitor, coordinate, and unify foreign police training, projects, and activities of various federal departments and agencies.

The Senate amendment contained no similar provision.

The House recedes.

The conferees note that section 1235(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383) required a `report on government police training and equipping programs.' This report is due on January 7, 2012. The conferees look forward to reviewing this report and considering future action on this matter.

Repeal of the United States Institute of Peace Act

The House bill contained a provision (sec. 1237) that would repeal the United States Institute of Peace Act (title XVII of Public Law 98-525; 22 U.S.C. 4601 et seq.).

The Senate amendment contained no similar provision.

The House recedes.

TITLE XIV--OTHER AUTHORIZATIONS

SUBTITLE A--MILITARY PROGRAMS

Drug interdiction and counterdrug activities, defense-wide (sec. 1404)

The House bill contained a provision (sec. 1404) that would authorize appropriations for fiscal year 2012 for drug interdiction and counterdrug activities, defense-wide.

The Senate amendment contained a similar provision (sec. 1405).

The Senate recedes.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

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 drug interdiction and counterdrug activities, defense-wide.

The Senate amendment contained a similar provision (sec. 1508).

The Senate recedes.