National Defense Authorization Act, Fiscal Year 2009

Bill Number: 
Defense Dept. Suggested Text
Date of Last Action: 
Thursday, February 7, 2008
Relevant Text: 

TITLE X—GENERAL PROVISIONS

Subtitle C—Counter-Drug Activities

SEC. 1021. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

(a) EXTENSION OF AUTHORITY.—Paragraph (2) of subsection (a) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 Stat.1593) and section 1022 of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2137), is amended by striking "2008" and inserting "2011".

(b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUPPORT.—Subsection (b) of such section is amended by adding at the end the following new paragraphs:

"(19) The Government of Niger.

"(20) The Government of Mauritania.

"(21) The Government of Mali.

"(22) The Government of Chad.

"(23) The Government of Indonesia.

"(24) The Government of Philippines.

"(25) The Government of Honduras.

"(26) The Government of Nicaragua.

"(27) The Government of El Salvador.".

(c) TYPES OF SUPPORT.—Subsection (c)(2) of such section is amended by striking ", subject to section 484(a) of the Foreign Assistance Act of 1961 (22 U.S. C. 2291c(a)),".

(d) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2) of such section is amended—

(1) by striking "$60,000,000" and inserting "$80,000,000"; and

(2) by striking "or $60,000,000 during either of the fiscal years 2007 and 2008" and inserting "$80,000,000 during years 2008 through 2011".

Section 1021 would make several changes to the authority in section 1033 of the National Defense Authorization Act for Fiscal Year 1998.

This section would extend the current authority to the same year of expiration -- fiscal year (FY) 2001 -- as the other significant counterdrug authorities, such as section 1004 of the National Defense Authorization Act for FY 1991, as amended. Having companion authorities with a common timeframe will allow for better planning and effective CN efforts.

This section also would add nine additional nations to the list of countries eligible for support. These countries are situated either along key drug smuggling routes or are facing an increasing threat of narcoterrorism. Enhanced interdiction capabilities for the countries listed in this legislation are critical to U.S. efforts to stem the flow of illicit drugs, and to reduce the threat of narcoterrorism to struggling democracies.

In addition, this section would remove the reference to the Foreign Assistance Act of 1961, 22 U.S.C. 2291c(a). This lease-or-loan only rule is counterproductive because many countries cannot afford to operate U.S. aircraft and must rely on less costly non-U.S. aircraft. Conversely, the U.S. Government should not be expected acquire more costly U.S. aircraft, for which U.S. forces are competing, and operate them for host nations when much less expensive non-U.S. aircraft are acceptable. It makes little sense to require the U.S. to retain ownership of non-standard and less sophisticated non-U.S. aircraft, which would not be useful to the United States if returned at the end of the lease or loan period.

Increase the spending cap on assistance from $60 million to $80 million. As the list of nations eligible to receive this assistance has increased, the cap has not increased proportionally. By limiting the ability to spend Defense Drug Interdiction and Counterdrug Activities funding on these efforts, the Department's ability to fight narcotrafficking is diminished.

TITLE XIII—MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM AND ENHANCE STABILITY

Subtitle A—Building Security Capacity and Non-military Stabilization Support

SEC. 1301. BUILDING THE PARTNERSHIP CAPACITY OF FOREIGN MILITARY AND OTHER SECURITY FORCES.

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:

"§ 409. Authority to build the capacity of foreign military and security forces

"(a) AUTHORITY.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize programs to build the capacity of a foreign country's national military forces and other security forces, including gendarmerie, constabulary, internal defense, infrastructure protection, civil defense, homeland defense, coast guard, border protection, and counterterrorism forces, in order for that country to—

"(1) conduct counterterrorist operations; or

"(2) participate in or support military and stability operations that are consistent with the security interests of the United States.

"(b) TYPES OF CAPACITY BUILDING.—

"(1) AUTHORIZED ELEMENTS.—Programs authorized under subsection (a) may be carried out by grant or otherwise, and may include the provision of equipment, supplies, and training, and minimal construction incidental to the provision of equipment.

"(2) REQUIRED ELEMENTS.—Programs authorized under subsection (a) shall include elements that promote—

"(A) observance of and respect for human rights and fundamental freedoms; and

"(B) respect for legitimate civilian authority within that country.

"(3) PREPARATION ELEMENTS.—In preparation of execution of programs authorized under subsection (a), United States armed forces may participate in training activities authorized by section 2011 of this title in nations where training pursuant to such section is on-going.

"(c) LIMITATIONS.—

"(1) AVAILABILITY OF FUNDS.—

"(A) The Secretary of Defense may use, or transfer to the Department of State or any other federal agency, up to $750,000,000 of funds in any fiscal year to conduct or support activities authorized under subsection (a).

"(B) Amounts available for the authority in subsection (a) for a fiscal year may be used for programs under that authority that begin in that fiscal year but end in the next fiscal year.

"(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.

"(3) LIMITATION ON ELIGIBLE COUNTRIES.—The Secretary of Defense may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

"(4) WAIVER AUTHORITY.—Notwithstanding any other provision of law, the President or the Secretary of State, as appropriate, may waive any restrictions that may apply to assistance for military or other security forces provided under this section upon determining that the applicable standard for any such waiver already available under existing law is met, or otherwise upon determining that it is in the national security interests of the United States to do so.

"(d) FORMULATION AND EXECUTION OF PROGRAM.—The Department of Defense and the Department of State shall jointly formulate any program authorized under subsection (a). The Secretary of Defense shall coordinate with the Secretary of State in the implementation of any program authorized under subsection (a).

"(e) CONGRESSIONAL NOTIFICATION.—

"(1) ACTIVITIES IN A COUNTRY.—Not less than 15 days before initiating activities authorized under subsection (a) in any country, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional committees specified in paragraph (2) a notice of the following:

"(A) The country being assisted pursuant to subsection (a).

"(B) The budget, implementation timeline with milestones, and completion date for completing the program authorized under subsection (a).

"(C) The source and planned expenditure of funds to complete the program authorized under subsection (a).

"(2) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the following:

"(A) The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.

"(B) The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.".

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"409. Authority to build the capacity of foreign military and security forces.".

Section 1301 would amend and make permanent the authority of the Secretary of Defense, with the concurrence of the Secretary of State, to direct programs to build the capacity of foreign forces. This authority was first provided under section 1206 of the National Defense Authorization Act for Fiscal Year (FY) 2006 and extended in section 1206 of the John Warner National Defense Authorization Act for FY 2007.

This section would expand the type of forces that may be trained and equipped under this authority. Counterterrorism and stability operations are often conducted by security forces in addition to the military forces of partner nations. Provision of such assistance to military and security forces would still have to meet the criteria in subsection (a) of proposed section 409 of title 10, United States Code, and support human rights and legitimate civilian authority as prescribed under subsection (b)(2).

To meet the goal of reducing stress on U.S. forces, subsection (a)(1) would enable the Department of Defense to train or equip forces in countries where doing so advances U.S. security interests, as determined by the Secretary of Defense with the concurrence of the Secretary of State, but without a requirement for such forces to deploy with U.S. forces.

The operational tempo of the Global War on Terror (GWOT) constrains the ability of commanders to conduct critical training and exercises, and combatant commanders have identified the ability of conventional forces to participate in such training and exercises as mission critical. Increasingly, conventional forces need to both benefit from and provide critical training with partners. Subsection (b)(3) would enable this by allowing conventional forces to participate in training activities authorized by section 2011 of title 10 where such training is on-going and when such participation will assist the forces carrying out missions under this section.

Based on proposals received from the Combatant Commands, more than $200 million's worth of programs could be executed in FY 2006, more than $500 million in FY 2007, and more than $900 million in FY 2008. Given the tremendous need for capacity-building to implement the GWOT campaign plan and meet emerging threats and opportunities, this section would provide a permanent annual funding ceiling of $750 million. The joint approval process and advance congressional notification will ensure transparency and that respect for human rights and civilian authority remain a key component of programs under this section without sacrificing flexibility critical to United States national security. Additionally, subsection (c)(2) of proposed section 409 would authorize the President or the Secretary of State to waive restrictions on such military or security force assistance, in accordance with existing applicable waiver standards, or otherwise when it is in the national security interest to do so. Such waivers could be exercised in extremis should a critical need arise to train and equip a country under restrictions that would otherwise prevent such assistance.

Subtitle B—Enhancing Partners' Capacity for Effective Operations

SEC. 1312. GRANTS OF NON-LETHAL EXCESS DEFENSE ARTICLES BY GEOGRAPHIC COMBATANT COMMANDERS.

(a) IN GENERAL.—Chapter 6 of title 10, United States Code, is amended by inserting after section 166b the following new section:

"§ 166c. Geographic combatant commander's authority to transfer excess defense articles

"(a) AUTHORIZATION.—A geographic combatant commander, with the concurrence of the Secretary of State, is authorized to transfer, on a grant basis, a total of $25,000 per year of non-lethal excess defense articles to each country within that commander's area of responsibility for the purpose of building the capacity of such countries to conduct counterterrorist operations, or to participate in or support military and stability operations consistent with the security interests of the United States.

"(b) LIMITATIONS ON TRANSFERS.—A geographic combatant commander may transfer excess defense articles under this section only if—

"(1) such articles are drawn from existing stocks of the Department of Defense;

"(2) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; and

"(3) the transfer of such articles will not have an adverse impact on the military readiness of the United States.

"(c) TRANSPORTATION AND RELATED COSTS.—

"(1) IN GENERAL.—Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transporting excess defense articles transferred under the authority of this section.

"(2) EXCEPTION.—A geographic combatant commander may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—

"(A) it is determined that it is in the national interest of the United States to do so;

"(B) the recipient is a developing country;

"(C) the total weight of the transfer does not exceed 50,000 pounds; and

"(D) such transportation is accomplished on a space available basis.

"(d) PROHIBITED TRANSFERS.—A geographic combatant commander may not transfer under the authority in section (a) excess defense articles that are significant military equipment as defined in section 47(9) of the Arms Export Control Act (22 U.S.C. 2794(9)).

"(e) EXCESS COAST GUARD PROPERTY.—For purposes of this section, the term 'excess defense articles' shall be deemed to include excess property of the Coast Guard. The term 'Department of Defense' shall be deemed, with respect to such excess property, to include the Coast Guard.

"(f) DEFINITIONS.—In this section:

"(1) The term 'geographic combatant commander' means the commander of a combatant command (as such term is defined in section 161(c) of this title) with a geographic area of responsibility.

"(2) The term 'excess defense articles' has the meaning set forth in section 644(g) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2403(g)).".

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 166b the following new item:

"166c. Geographic combatant commander's authority to transfer excess defense articles.".

Section 1312 would authorize each geographic combatant commander, with the concurrence of the Secretary of State, to transfer, on a grant basis, a total of $25,000 per year of non-lethal excess defense articles to each country within the commander's area of operations for the purpose of building the capacity of such countries to conduct counterterrorist operations or to participate in or support military and stability operations consistent with the security interest of the United States.

While the current Excess Defense Articles (EDA) program, administered by the Department of State, is robust, this authority facilitates transfers at the field level, thus enabling combatant commanders, with concurrence of the relevant chief of mission, to meet urgent needs through the quick provision of limited EDA.

The geographic combatant commanders are the nation's eyes and ears around the globe in the Global War on Terror. This section would give them a very limited authority to provide "on the spot" EDA grants when, in the commander's judgment, such a grant would build the capacity of such countries to conduct counterterrorist operations, or to participate in or support military and stability operations in which the United States Armed Forces are a participant. A typical scenario could involve providing a nation's military with computers which are obsolete for the American military, but which would provide important new capabilities for a developing country. By authorizing these small but direct grants by those commanders, this section would promote an efficient and effective way to respond to dynamic challenges.

The language of this section is based on the current authority for transferring EDA in section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). The definition of "excess defense articles" is the same (by reference) and although the equipment is limited to non-lethal items, we intend by these references to make this EDA subject to the same safeguards and restrictions as other EDA. Because the equipment subject to grant under this section would -- by definition -- be subject to EDA grants under current law, there would be no budgetary effect.

SEC. 1315. ENHANCED AUTHORITY TO PAY INCREMENTAL EXPENSES FOR PARTICIPATION OF DEVELOPING COUNTRIES IN COMBINED EXERCISES.

Section 2010 of title 10, United States Code, is amended by adding at the end the following new subsection:

"(e) Funds available under this section for any fiscal year are available for use for

programs that begin in such fiscal year but end in the next fiscal year.".

Section 1315. Section 2010 of title 10, United States Code, authorizes the Secretary of Defense, after consultation with the Secretary of State, to pay the incremental expenses of a developing country that are incurred by that country as the direct result of participation in a bilateral or multilateral military exercise if: (1) the exercise is undertaken primarily to enhance the security interests of the United States; and (2) the Secretary of Defense determines that the participation by such country is necessary to the achievement of the fundamental objectives of the exercise and that those objectives cannot be achieved unless the United States provides the

incremental expenses incurred by such country.

The proposed language in subsection (e) would provide the Department with the authority to pay for such programs on a reimbursable basis under the Economy Act in the fiscal year when the training program commences. Currently, the requirements of the Economy Act require split payments for programs that cross fiscal years. These requirements cause serious financial difficulties and limit program flexibility by preventing effective scheduling of exercise activities during the transition from one fiscal year to the next.

Subtitle C—Developing Commonality by Expanding Professional Military Education, Training, and Support for Partners

SEC. 1321. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY.

(a) DISTRIBUTION AUTHORIZED.—To enhance interoperability between the Armed Forces and military forces of friendly foreign nations, the Secretary of Defense, with the concurrence of the Secretary of State, may—

(1) provide to personnel referred to in subsection (b) electronic distributed learning content for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and

(2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the education and training of such personnel.

(b) AUTHORIZED RECIPIENTS.—The personnel to whom learning content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign government, with the permission of that government.

(c) EDUCATION AND TRAINING.—Any education and training provided under subsection (a) shall include the following:

(1) Internet-based education and training.

(2) Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer-assisted exercises.

(d) APPLICABILITY OF EXPORT CONTROL REGIMES.—The provision of learning content and information technology under this section shall be subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control regime under law relating to the transfer of military technology to foreign nations.

(e) SECRETARY OF DEFENSE GUIDANCE.—(1) GUIDANCE REQUIRED.—The Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section.

(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—Not later than 30 days after issuing the guidance required by paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth such guidance.

(3) MODIFICATION.—If the Secretary modifies the guidance issued under paragraph (1), the Secretary shall submit to the committees named in paragraph (2) a report setting forth the modified guidance not later than 30 days after the date of such modification.

(f) ANNUAL REPORT.—(1) REPORT REQUIRED.—Not later than October 31 following the close of the fiscal year in which the authority granted herein is used, the Secretary of Defense shall submit to the committees named in subsection (f)(1) a report on the exercise of the authority provided in this section during the preceding fiscal year.

(2) ELEMENTS.—Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:

(A) A statement of the recipients of learning content and information technology provided under this section.

(B) A description of the type, quantity, and value of the learning content and information technology provided under this section.

Section 1321. Section 1207 of the John Warner National Defense Authorization Act for Fiscal Year 2007 authorized the Secretary of Defense to expend operations and maintenance funds to provide electronically-distributed learning content and related information technology for the education and training of foreign military and civilian government personnel to enhance interoperability during multinational operations. This authority would enhance the ability of Combatant Commanders to develop the skills of allied and coalition partners to ensure interoperability for multinational operations. This provision would make this authority permanent.

The Defense Department has demonstrated the value of being able to provide the training described herein through the Partnership for Peace (PfP) Program. The proposed legislative change would enable operations and maintenance funds to be applied for PfP-type initiatives to a broader coalition of multinational countries.

Increasingly, Combatant Commanders see the need for and receive requests from coalition and allied partners for training which helps partner forces understand the planning processes, organization, and command and control systems used by U.S. warfighters. Providing this type of training allows our foreign partners to develop capabilities in a manner that will improve interoperability with U.S. forces on the battlefield.

SEC. 1322. ENHANCING PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

(a) IN GENERAL.—Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section: "§ 2350m. Participation in multinational military centers of excellence

"(a) PARTICIPATION AUTHORIZED.—The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the armed forces and Department of Defense civilian personnel in any multinational military center of excellence hosted by any nation or combination of nations referred to in subsection (b) for purposes of—

"(1) enhancing the ability of military forces and civilian personnel of the nations participating in such center to engage in joint exercises or coalition or international military operations; or

"(2) improving interoperability between the Armed Forces of the United States and the military forces of friendly foreign nations.

"(b) COVERED NATIONS.—The nations referred to in this section are as follows:

"(1) The United States.

"(2) Any member nation of the North Atlantic Treaty Organization (NATO).

"(3) Any major non-NATO ally.

"(4) Any other friendly foreign nation identified by the Secretary of Defense, with the concurrence of the Secretary of State, for purposes of this section.

"(c) MEMORANDUM OF UNDERSTANDING.—(1) REQUIREMENT.—The participation of members of the armed forces or Department of Defense civilian personnel in a multinational military center of excellence under subsection (a) shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the foreign nation or nations concerned.

"(2) SCOPE.—If Department of Defense facilities, equipment, or funds are used to support a multinational military center of excellence under subsection (a), the memorandum of understanding under paragraph (1) with respect to that center shall provide details of any cost-sharing arrangement or other funding arrangement.

"(d) AVAILABILITY OF APPROPRIATED FUNDS.—(1) AVAILABILITY.—Funds appropriated to the Department of Defense for operation and maintenance are available as follows:

"(A) To pay the United States' share of the operating expenses of any multinational military center of excellence in which the United States participates under this section.

"(B) To pay the costs of the participation of members of the armed forces and Department of Defense civilian personnel in multinational military centers of excellence under this section, including the costs of expenses of such participants.

"(2) LIMITATION ON USE OF FUNDS.—No funds may be used under this section to fund the pay or salaries of members of the armed forces and Department of Defense civilian personnel who participate in multinational military centers of excellence under this section.

"(e) USE OF DEPARTMENT OF DEFENSE FACILITIES AND EQUIPMENT.—Facilities and equipment of the Department of Defense may be used for purposes of the support of multinational military centers of excellence under this section that are hosted by the Department.

"(f) REPORT ON USE OF AUTHORITY.—

"(1) REPORT REQUIRED.—Not later than October 31 following the close of the fiscal year in which the authority granted herein is used, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the use of the authority in this section during that fiscal year.

"(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

"(A) A detailed description of the participation of the Department of Defense, and of members of the armed forces and civilian personnel of the Department, in multinational military centers of excellence under the authority of this section during the fiscal year.

"(B) For each multinational military center of excellence in which the Department of Defense, or members of the armed forces or Department of Defense civilian personnel, so participated—

"(i) a description of such multinational military center of excellence;

"(ii) a description of the activities participated in by the Department, or by members of the armed forces or Department of Defense civilian personnel; and

"(iii) a statement of the costs of the Department for such participation, including—

"(I) a statement of the United States share of the expenses of such center, and a statement of the percentage of the United States share of the expenses of such center to the total expenses of such center; and

"(II) a statement of the amount of such costs (including a separate statement of the amount of costs paid for under the authority of this section by category of costs).

"(g) DEFINITIONS.—In this section:

"(1) The term 'multinational military center of excellence' means an entity sponsored by one or more nations that is accredited and approved by the Department of Defense as offering recognized expertise and experience to personnel participating in the activities of such entity for the benefit of United States forces and the militaries of friendly foreign nations by providing such personnel opportunities to—

"(A) enhance education and training;

"(B) improve interoperability and capabilities;

"(C) assist in the development of doctrine; and

"(D) validate concepts through experimentation.

"(2) The term 'major non-NATO ally' means a country (other than a member nation of the North Atlantic Treaty Organization) that is designated as a major non- NATO ally by the Secretary of Defense, with the concurrence of the Secretary of State, under section 2350a of this title.".

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

"2350m. Participation in multinational military centers of excellence.".

Section 1322 would reauthorize and make permanent the authority granted by Congress in section 1205 of the John Warner National Defense Authorization Act for Fiscal Year 2007, which authorized the Secretary of Defense to enter into agreements with North Atlantic Treaty Organization (NATO) alliance members, major non-NATO allies, and other friendly foreign countries to participate in organizations which are centers of excellence established to enhance interoperability, develop military doctrine, and develop and test new concepts. Section 1205 also authorized the expenditure of funds appropriated or otherwise made available for the support of international military organizations and to pay the salaries and expenses of personnel assigned to such organizations. In addition, section 1205 authorized the Secretary of Defense to provide facilities and equipment for the use of such organizations with or without reimbursement. This section also would clarify that Centers of Excellence (COE) do not have to be approved and accredited by NATO, and remove funding limitations to allow expanded U.S. participation.

Examples of these organizations are the COE and training schools that have been independently formed by NATO alliance partners to support NATO. Following the lead of the United States in transforming training within its forces, during the 2002 Prague Summit NATO announced the creation of Allied Command Transformation whose mission is to lead NATO through transformation to face the operational challenges of coalition warfare against new and emerging threats. In support of this effort, Alliance partners, independent but in support of NATO, have created, through bilateral and multilateral agreements, COE and established schools the purposes of which are to support NATO transformation through doctrinal development, education, training and validation of new concepts through experimentation. This section would clarify the authority of the Secretary of Defense to support those organizations and others that may be established to support common security interests.

The United States benefits from this participation through its ability to influence the commonality of doctrine, education, training and development of new capabilities. The U.S. also gains the synergies associated with working cooperatively with allied/coalition partners in a synchronized effort across international programs and with multinational forces creating a transformed fighting team. This process improves interoperability between U.S. and foreign militaries and enhances security cooperation efforts to prosecute the Global War on Terror. This section would allow U.S. Forces to leverage the specific expertise or experience of some partners while simultaneously assisting all partners to reach shared understandings of doctrine. Building the capabilities of allied/coalition partners increases unity of effort and enhances the U.S. ability to execute multinational operations. Increased interoperability and enhanced capability of allied/coalition partners will result in a reduced strain on U.S. Forces as we operate in a coalition environment addressing common security interests. Strengthening our relationships through participation in organization supportive transformational concepts also strengthens the current transformational efforts of the Department of Defense.

These centers of excellence are multi-year commitments by the U.S. and require permanent funding authority to be successful. The NATO-related COEs have proven to be extremely useful vehicles to develop partnership capacity and the Department of Defense envisions that they will be useful vehicles in other parts of the world outside of the NATO context. The Department is requesting an increase in authorized funding in anticipation of increased COE activity with friendly foreign militaries outside of NATO.

SEC. 1323. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

Section 2249c(b) of title 10, United States Code, is amended by striking "$25,000,000" and inserting "$35,000,000".

Section 1323. The Regional Defense Combating Terrorism Fellowship Program (CTFP) is the Department of Defense's premier program for partnership engagement in the Global War on Terror. The Program funds the education and training of mid-to-senior level foreign civilians and military officers who have combating terrorism responsibilities.

This proposed amendment to section 2249c of title 10, United States Code, would increase the authorized annual funding level for the Program from $25,000,000 to $35,000,000. This increase would accommodate the expansion and demand that comes with the maturation of a successful program. In addition, it would address an education and training gap that the Department has identified in overlapping areas of counterterrorism with border control and homeland defense. This increase of $10,000,000 would contribute to the Department's efforts to help partner nations control and secure ungoverned spaces by developing education and training venues tailored to address such threats and increasing existing training programs focused on the entire spectrum of combating terrorism.

SEC. 1324. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

Section 168(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:

"(5) Funds available under this section for any fiscal year are available for use for programs that begin in such fiscal year but end in the next fiscal year.".

Section 1324. Section 1201 of the National Defense Authorization Act for Fiscal Year 2008 expanded section 168 of title 10, United States Code, to permit the Secretary of Defense to waive the reciprocity requirements for personnel exchange programs with foreign governments when it is in the interests of the United States. This proposed amendment would further amend section 168 to provide the Department with the authority to pay for programs on a reimbursable basis under the Economy Act in the fiscal year when the training program commences. Currently, the requirements of the Economy Act require split payments for programs that cross fiscal years. These requirements cause serious financial difficulties and limit program flexibility by preventing effective scheduling of activities during the transition from one fiscal year to the next.

SEC. 1326. ENHANCING THE ABILITY OF THE UNITED STATES GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is amended by adding the following new section:

"§ 412. Center for Complex Operations

"(a) AUTHORITY.—The Secretary of Defense may establish a Center for Complex Operations to—

"(1) coordinate more effectively the preparation of Department of Defense and other U.S. Government personnel for complex operations;

"(2) foster unity of effort among U.S. Government departments and agencies, foreign governments and militaries, international organizations, and non-governmental organizations;

"(3) conduct research; collect, analyze, and distribute lessons learned; and compile best practices in the area of complex operations; and

"(4) identify education and training gaps of the Department of Defense and other federal departments and agencies and facilitate efforts to fill those gaps.

. "(b) AUTHORITY TO PROVIDE SUPPORT AND TRANSFER FUNDS.—The heads of other federal departments and agencies are authorized to provide services, including personnel support, and to transfer funds to the Secretary of Defense to support the operation of the Center for Complex Operations.

"(c) AUTHORITY TO ACCEPT GIFTS AND DONATIONS.—

"(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operation of the center.

"(2) The sources from which gifts and donations may be accepted under this subsection are the following:

"(A) The government of a State or a political subdivision of a State.

"(B) The government of a foreign country.

"(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.

"(D) Any source in the private sector of the United States or a foreign country.

"(3) LIMITATION.—The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—

"(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or

"(B) the integrity of any program of the Department or of any person involved in such a program.

"(4) CRITERIA FOR ACCEPTANCE.—The Secretary of Defense shall prescribe written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this section.

"(d) CREDITING OF FUNDS.—Funds accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center for Complex Operations and shall be available for the same purposes as the appropriations with which merged. Any funds accepted under this section shall remain available until expended.

"(e) DEFINITIONS.—(1) GIFT OR DONATION.—In this section, the term 'gift or donation' means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).

"(2) COMPLEX OPERATIONS.—In this section, complex operations are defined as stability, security, transition and reconstruction operations, counterinsurgency, and irregular warfare.".

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"412. Center for Complex Operations.".

Section 1326. The Department of Defense has worked with the Department of State and the United States Agency for International Development to organize a Center for Complex Operations (CCO) to enhance coordination of the preparation of war fighters and their U.S. Government (USG) civilian counterparts and to increase unity of effort in complex operations. The Center would facilitate the activities of a consortium made up of education and training institutions from across the USG, including relevant centers of excellence, lessons learned programs, and schools (e.g., Service Colleges, Foreign Service Institute, Naval Postgraduate School, etc.). These activities, including conferences, seminars, and other information exchanges, would allow the Center to identify topics of importance for the USG leadership and the complex operations community.

The CCO would produce materials that advance the field of complex operations and inform the development of strategy and doctrine throughout the USG. The CCO would enhance The Department of Defense's (DoD's) ability to partner in and support civil-military operations by integrating and synchronizing civilian and military education, training, and lessons learned for stability, security, transition and reconstruction (SSTR) operations, counterinsurgency (COIN), and irregular warfare (IW), referred to collectively as complex operations.

General David Petreaus, in Senate Armed Services Committee testimony, urged Congress to support the CCO, calling it an "intellectual clearinghouse for ideas and best practices in the many facets of irregular warfare" and "a low-cost, but high-payoff, action." The CCO is responsive to the May 2007 Government Accountability Office Report on Stability Operations and Interagency Planning recommendations that the DoD develop processes and systems to identify and resolve capability gaps and help reduce redundancies across interagency processes.

Specific CCO functions and objectives include building USG capacity for complex operations by coordinating, integrating, and facilitating education, training, research, and lessons learned analysis among participating USG institutions and centers; serving as the USG information clearinghouse for complex operations; and acting as the hub for redistribution and coordination of education and training services.

Subtitle D—Setting Conditions Through Support for Local Populations

SEC. 1331. AMENDMENTS OF AUTHORITY FOR HUMANITARIAN ASSISTANCE.

Section 2561(a)(1) of title 10, United States Code, is amended by inserting "and, with the

concurrence of the relevant Chief of Mission, for stabilization purposes" after "other

humanitarian purposes".

Section 1331. Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) provides the Department of Defense (DoD) with a unique capability, enabling DoD Commanders to access countries and regions that would otherwise be inaccessible to U.S. forces. Unlike the Commanders' Emergency Response Program, OHDACA can be used for planned, programmed activities, making it a key shaping tool. Using OHDACA, Commanders have a non-combat, results-oriented tool to interact with governments, indigenous organizations, and ordinary citizens to establish long-term, positive relationships, mitigating terrorist influence and preventing conflict.

From Afghanistan to Lebanon, we continue to witness the profound influence that humanitarian assistance provided by terrorist organizations has had on the local populace. Including stabilization activities within this authority would enable DoD to expand its interaction with local populations that are vulnerable to violence or other factors. With this proposed change, DoD personnel helping to build clinics or dig wells could also assist by supporting basic economic and infrastructure projects. The Secretary of Defense and Secretary of State agreed to Chief of Mission concurrence to ensure execution of the authority that is responsive as well as accords with foreign policy objectives.

SEC. 1332. MAKING PERMANENT AND GLOBAL THE COMMANDERS EMERGENCY RESPONSE PROGRAM FOR URGENT HUMANITARIAN AND RECONSTRUCTION NEEDS IN THE FIELD.

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:

"§ 410. Commanders' emergency response program

"(a) AUTHORITY.—Funds made available to the Department of Defense for the Commanders' Emergency Response Program for any fiscal year may be used by the Secretary of Defense in such fiscal year to provide funds—

"(1) for the Commanders' Emergency Response Program in Iraq and a similar program in Afghanistan; and

"(2) for a similar program to assist the people of a developing country where United States forces are operating.

"(b) QUARTERLY REPORT.—Not later than 15 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a).

"(c) SUBMISSION OF GUIDANCE.—

"(1) INITIAL SUBMISSION.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of the guidance issued by the Secretary to the Armed Forces concerning the allocation of funds through the Commanders' Emergency Response Program and any similar program to assist the people of a developing country.

"(2) MODIFICATIONS.—If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall submit to the congressional defense committees a copy of the modification not later than 15 days after the date on which the Secretary makes the modification.

"(d) WAIVER AUTHORITY.—For purposes of exercising the authority provided by this section or any other provision of law making funding available for the Commanders' Emergency Response Program referred to in subsection (a) (including a program referred to in paragraph (2) of that subsection), the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority.

"(e) EXECUTION OF PROGRAM.—Within sixty days of the enactment of this provision, the Departments of Defense and State shall jointly develop procedures for the exercise of the authority in subsection (a). Such procedures shall provide for expeditious coordination between the Department of Defense and the Department of State to achieve agile, appropriate, and effective use of this authority to promote the security interests of the United States.

"(f) COMMANDERS' EMERGENCY RESPONSE PROGRAM DEFINED.—In this section, the term 'Commanders' Emergency Response Program' means the program established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people.".

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"410. Commanders' emergency response program.".

Section 1332 would allow the Secretary of Defense to authorize U.S. military commanders to use Department of Defense funds appropriated to the Commanders' Emergency Response Program (CERP) or other operations and maintenance funds for urgent humanitarian relief and reconstruction assistance to local populations where U.S. forces are operating. Resources under this section would be available for all military and security operations, including humanitarian, civic assistance, disaster relief, and peace operations.

This section would capitalize on the success of the CERP, which has proven to be a high-impact, relatively low-cost program, indispensable to security and stabilization efforts in Iraq and Afghanistan. Providing this capability to military commanders enables them to respond immediately to small-scale but urgent humanitarian relief and reconstruction requirements. The program has built trust and support at the grassroots level and provides results that people can see.

The Secretary of Defense will refine CERP guidance to implement this authority and ensure flexibility and responsiveness and coordination with Department of State country teams. In addition, the Secretary of Defense and Secretary of State agreed to subsection (e)'s requirement to establish jointly procedures to exercise the authority of this section to ensure execution that is responsive with security as well as with foreign policy objectives.

SEC. ___ . USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042) is amended—

(1) in subsection (a)(1), by striking "through 2008" and inserting "through 2010";

and

(2) in subsection (c), by striking "through 2008" and inserting "through 2010".

Section-by-Section Analysis

This section would extend through fiscal year (FY) 2010 the authorities provided in the Ronald W. Reagan National Defense Authorization Act for FY 2005 that allow the Department of Defense to support a unified campaign against narcotics trafficking and activities by organizations designated as terrorist organizations. It also would extend the troop caps for two additional years. These important authorities allow the Department of Defense (DoD) the flexibility to use funds appropriated for counter-narcotics activities to support Colombian efforts against terrorist organizations intimately involved in narcotics activities. This section would permit the DoD to provide support to the Government of Colombia as it continues to make progress against narco-terrorist organizations.

On November 22, 2004, the President of the United States, in a joint press conference in Cartagena with Colombian President Uribe, announced that the United States would continue to support the Government of Colombia in its campaign against narcoterrorism. This commitment was formalized in the Deputies Committee meeting of October 18, 2005, which directed continued support to Colombia at levels similar to FY 2005 and FY 2006.

Section 1021 of the Ronald W. Reagan National Defense Authorization Act (NDAA) of 2005 allows DoD funds used for assistance to Colombia to be used to "support a unified campaign ... against terrorist organizations such as the FARC, ELN and AUC" in fiscal years 2005 and 2006. The FY 2007 NDAA extended this authority through 2008.

This extension would continue to provide the Command flexibility in supporting operations in Colombia while adhering to all of the other constraints, such as not allowing U.S. military personnel to participate in Colombian military combat operations. The Command has never reached the 800 military personnel limit contained in the current authority. During FY 2005, the first year of implementation, the number of military personnel in Colombia never exceeded 538.

SEC. ___ . EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.

(a) INCREASE IN AMOUNT OF AUTHORIZED ASSISTANCE.—Section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as amended by section 1210 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 112 Stat. ___), is amended in subsection (b) by striking "$100,000,000" and inserting "$200,000,000".

(b) OTHER GOVERNMENT AGENCIES. —Section 1207 is further amended—

(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and

(2) by inserting after subsection (d) the following new subsection (e):

"(e) EXTENSION TO OTHER GOVERNMENT AGENCIES.—The Secretary of Defense may, at the request and with the concurrence of the Secretary of State, provide services to or transfer defense articles and funds to the head of any department or agency of the United States Government for the purposes of facilitating the provision of assistance authorized in this section.

(c) EXTENSION OF AUTHORITY.—Subsection (h) of such section, as redesignated by subsection (b) of this section, is amended by striking "September 30, 2008" and inserting "September 30, 2013".

Section-by-Section Analysis

Recent experience in Iraq, Afghanistan, and elsewhere around the globe has made it clear that many of the challenges we face do not have military solutions; rather, these problems require a combination of civilian and security tools that integrate multiple elements of national power. As our national strategic guidance underscores the importance of integrated efforts along military and non-military lines, this authority will facilitate combined efforts overseas to meet the challenges posed by our adversaries' rapid deployment of effective information, economic, and social campaigns around the globe.

This section would authorize executing integrated, whole-of-government solutions to key counterterrorism and other national security problems. It builds on section 1207 of the National Defense Authorization Act for Fiscal Year 2006, which authorized the Secretary of Defense to transfer up to $100 million per year to the Secretary of State for reconstruction, security, or stabilization assistance -- primarily to put civilian professionals alongside our warfighters or to provide early civilian resources to avert crises that require U.S. military forces to intervene. Building such civilian capacity is an essential complement to build security capacity under the Global Train and Equip authority provided in section 1206 of the National Defense Authorization Act for Fiscal Year 2006, as amended.

This section would amend and expand the authority originally provided under Section 1207 based on two years of lessons learned implementing the original authority. It would allow the Secretary of Defense to provide services, articles, or funds directly to the Secretary of State or, at the direction and with the concurrence of the Secretary of State, to make such transfers to other departments or agencies of the United States Government for the purpose of providing reconstruction, security, or stabilization assistance to a foreign country. The latter element, permitting the provision of funding or support directly to other Federal entities with the concurrence of the Secretary of State, is designed to expedite integrated and coordinated efforts by ensuring that the Federal department or agency best situated to perform the specific type of stabilization assistance can be directly resourced to do so (e.g., providing funding to the Treasury to support efforts to counter terrorist financing). This amendment also would increase the authority from $100 million to $200 million to reflect a recognition of current underinvestment in such preventative capabilities, and the increased demand likely with the extension of this authority to additional departments and agencies.

This amendment would provide a mechanism for a number of departments and agencies to work together and provide authority to shift resources when the department or agency with core competency for a mission does not have the resources to support it. This measure would give the Secretary of State additional resources to address critical security, stabilization, and counterterrorism challenges critical to U.S. national security. Because it would employ whole-of-government solutions, it also would reduce stress on United States servicemen and women, both on active duty and in the National Guard and Reserves.

SEC. ___ . AMENDMENTS OF AUTHORITY FOR REGIONAL CENTERS FOR SECURITY STUDIES.

(a) IN GENERAL.—Section 184 of title 10, United States Code, is amended—

(1) in subsection (b)(1)—

(A) by striking "and" at the end of subparagraph (A);

(B) in subparagraph (B)—

(i) by striking "and exchange of ideas" and inserting "exchange of ideas, and education"; and

(ii) by striking the period at the end and inserting "; and"; and

(C) by adding at the end the following new subparagraph:

"(C) may, with the concurrence of the Secretary of State, provide English and strategic foreign language training and education to increase the capacity of foreign countries to operate with the United States in potential counter-terrorism, stability, or other military missions."; and

(2) in subsection (f), by adding at the end the following new paragraph:

"(6) Funds available under this authority for any fiscal year, including funds available under paragraphs (4) and (5), are available for use for programs that begin in such fiscal year but end in the next fiscal year.".

(b) ESTABLISHMENT OF A PILOT PROGRAM FOR NONGOVERNMENTAL PERSONNEL.—In fiscal years 2009 and 2010, the Secretary of Defense, with the concurrence of the Secretary of State, may waive reimbursement of the costs of activities of the Regional Centers for nongovernmental and international organization personnel who participate in activities that enhance cooperation of nongovernmental organizations and international organizations with U.S. forces, if the Secretary of Defense determines that the attendance of such personnel without reimbursement is in the national security interests of the United States. Such costs shall not exceed $1,000,000 in each of these fiscal years. Costs for which reimbursement is waived pursuant to this subsection shall be paid from appropriations available to the Regional Centers.

Section-by-Section Analysis

This section would amend the section 184 of title 10, United States Code, authorities for the Department of Defense's five Regional Centers for Security Studies to gain efficiencies, create communities of influence, and build partner capacity through educational outreach to military and civilian officials and non-governmental personnel.

This section would explicitly recognize that executive education is a vital tool in accomplishing the Centers' communication and outreach missions. This section also would enable the Partner Language Training Center Europe, which is part of the Marshall Center, to expand English and strategic language (e.g., Pashto, Farsi, Arabic, etc.) instruction, with the concurrence of the Secretary of State, for international partners to boost their ability to operate more effectively as United States coalition partners in potential stability, counter-terrorism, or other military operations. In addition, this section would provide the flexibility to fund Regional Center courses that begin in one fiscal year and end in the next. Currently, the Economy Act requires split payments for programs that cross fiscal years, which causes serious accounting inefficiencies.

In addition, this section would implement a two-year pilot program to fund personnel from non-governmental and international organizations (NGOs and IOs) in order to enhance security cooperation with United States forces. The pilot program recognizes that these organizations are often critical to resolving today's security challenges. The post-Cold War narrative reveals many examples of crises that required close coordination between civilian and military officials and the NGO and IO communities. NGOs and IOs are part of the operational environment, and members of these organizations, officials from the United States, and representatives of partner nations require mutual understanding before a crisis occurs.

Without a new funding authority for NGO and IO participants, Regional Center programs will continue to lack a civil society voice and will remain skewed toward narrower governmental and military perspectives on security. Facilitating civil-military coordination and communication is crucial to the Department of Defense (DoD), and this pilot program would enhance our military's ability to work with its non-traditional partners.

The pilot program would allow the Secretary of Defense, with Secretary of State concurrence, to include at least one NGO or IO representative in selected Regional Centers programs. The program would waive fees only for those organizations deemed most critical for program success. The ability to waive reimbursement for NGO and IO participants from developing countries is absolutely critical to ensure their participation. For fiscal years 2009 and 2010, the DoD would limit such costs to no more than $1 million from existing appropriations.

The DoD would include data on the pilot program in its annual Regional Center report to Congress. The report would identify pilot program expenditures by each Regional Center and by organizations funded.