National Defense Authorization Act for Fiscal Year 2012

Bill Number: 
S. 1867
Bill Location: 
Date of Last Action: 
Thursday, December 1, 2011
Relevant Text: 

112th CONGRESS

1st Session

S. 1867

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.

IN THE SENATE OF THE UNITED STATES

November 15, 2011

Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar

A BILL

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2012'.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE X--GENERAL PROVISIONS

Subtitle B--Counter-Drug Activities

SEC. 1011. FIVE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.

    (a) Five-year Extension- Subsection (a) of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended by striking `During fiscal years 2002 through 2011' and inserting `Until September 30, 2016'.

    (b) Coverage of Tribal Law Enforcement Agencies-

      (1) IN GENERAL- Such section is further amended--

        (A) in subsection (a)--

          (i) in the matter preceding paragraph (1), by inserting `tribal,' after `local,'; and

          (ii) in paragraph (2), by striking `State or local' both places it appears and insert `State, local, or tribal'; and
        (B) in subsection (b)--

          (i) in paragraph (1), by striking `State or local' and inserting `State, local, or tribal';

          (ii) in paragraph (4), by striking `State, or local' and inserting `State, local, or tribal'; and

          (iii) in paragraph (5), by striking `State and local' and inserting `State, local, and tribal'.

      (2) TRIBAL GOVERNMENT DEFINED- Such section is further amended by adding at the end the following new subsection:

    `(i) Definitions Relating to Tribal Governments- In this section:
      `(1) The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

      `(2) The term `tribal government' means the governing body of an Indian tribe.'.

SEC. 1012. FIVE-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

    (a) In General- Subsection (a)(2) of section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881), as most recently amended by section 1014(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4337), is further amended by striking `2012' and inserting `2017'.

    (b) Maximum Amount of Support- Section (e)(2) of such section, as so amended, is further amended--

      (1) by striking `$75,000,000' and inserting `$100,000,000'; and
      (2) by striking `2012' and inserting `2017'.

    (c) Additional Governments Eligible To Receive Support- Subsection (b) of such section, as most recently amended by section 1024(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4587), is further amended by adding at the end the following new paragraphs:

      `(23) Government of Benin.

      `(24) Government of Cape Verde.

      `(25) Government of The Gambia.

      `(26) Government of Ghana.
      `(27) Government of Guinea.

      `(28) Government of Ivory Coast.

      `(29) Government of Jamaica.

      `(30) Government of Liberia.

      `(31) Government of Mauritania.

      `(32) Government of Nicaragua.
      `(33) Government of Nigeria.

      `(34) Government of Sierra Leone.

      `(35) Government of Togo.'.

SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.

    Section 1022(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-255), as most recently amended by the section 1013 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4347), is further amended by striking `February 15, 2011' and inserting `February 15, 2012'.

SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.

    (a) Extension- Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking `2011' and inserting `2012'.
    (b) Limitation on Exercise of Authority- The authority in section 1022 of the National Defense Authorization Act for Fiscal Year 2004, as amended by subsection (a), may not be exercised after September 30, 2011, unless the Secretary of Defense certifies to Congress, in writing, that the Department of Defense is in compliance with the provisions of paragraph (2) of subsection (d) of such section, as added by section 1012(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4346).

SEC. 1015. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.

    Section 1021(a)(1) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1011 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4346), is further amended by striking `2011' and inserting `2012'.

Subtitle F--Repeal and Modification of Reporting Requirements

PART I--REPEAL OF REPORTING REQUIREMENTS

SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10, UNITED STATES CODE.

    (2) Section 184 is amended by striking subsection (h).

      (20)(A) Section 2582 is repealed.
      (B) the table of sections at the beginning of chapter 153 is amended by striking the item relating to section 2582.

SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS.

    (k) Fiscal Year 2000- The National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) is amended as follows:

    (2) Section 1025 (10 U.S.C. 113 note) is repealed.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

SEC. 1205. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

    (a) Extension- Subsection (h) of section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), as most recently amended by section 1208(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4626), is further amended by striking `2013' and inserting `2017'.

    (b) Clarification of Limitation on Funding- Subsection (g) of such section, as amended by section 1202(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended--

      (1) by striking `each fiscal year' and inserting `any fiscal year'; and
      (2) by striking `pursuant to title XV of this Act' and inserting `for that fiscal year'.

SEC. 1206. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

    Of the funds available for fiscal year 2012 for building the capacity of foreign military forces under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as most recently amended by section 1207 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4389), not more than $100,000,000 may be obligated and expended until the Secretary of Defense and the Secretary of State 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).

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

    Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4401.

TITLE XXXIII--MARITIME ADMINISTRATION

DIVISION D--FUNDING TABLES

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

    (a) In General- Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.

    (b) Merit-based Decisions- Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, and other applicable provisions of law.
    (c) Relationship to Transfer and Programming Authority- An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.

    (d) Oral and Written Communications- No oral or written communication concerning any amount specified in the funding tables in this division shall supercede the requirements of this section.

SEC. 4402. OTHER AUTHORIZATIONS FOR

OVERSEAS CONTINGENCY OPERATIONS.

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xlSEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)

Line Item FY 2012 Request Senate Authorized

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WORKING CAPITAL FUND, ARMY

020 PREPOSITIONED WAR RESERVE STOCKS 54,000 54,000

TOTAL, WORKING CAPITAL FUND, ARMY 54,000 54,000

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TITLE XLV--MILITARY CONSTRUCTION

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SEC. 4501. MILITARY CONSTRUCTION.

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SEC. 4501. MILITARY CONSTRUCTION(In Thousands of Dollars)

Account State or Country and Installation Project Title Budget Request Senate Agreement

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Military Construction, Army

Honduras

Army Honduras Various Barracks 25,000 0