Department of State, Foreign Operations, and Related Programs Appropriations Bill, 2013

Bill Number: 
S. Rept. 112-172
Bill Status: 
Bill Location: 
Date of Last Action: 
Thursday, May 24, 2012
Relevant Text: 

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS BILL, 2013

May 24, 2012--Ordered to be printed

Mr. LEAHY, from the Committee on Appropriations, submitted the following

REPORT

[To accompany S. 3241]

INTRODUCTION

STRATEGIC CONSIDERATIONS

The Committee supports the administration's strategic pivot toward Asia and recommends funding above the budget request to implement programs that further United States interests in that region. The Committee is aware of the PRC's interests in extending influence throughout Asia, including in the South China Sea which is a potential flashpoint for confrontation between the PRC and its Asian neighbors.

Additional funds are similarly recommended for programs that further United States interests in Africa and Central and South America. The Committee again recognizes the geostrategic interests of the PRC in these regions, particularly in natural resource-rich countries.

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

PROGRAM ISSUES

Human Rights Vetting- The Committee supports the Department of State's efforts to monitor U.S. military assistance for foreign security forces, pursuant to section 620M of the FAA. The vetting process has been widely applied to individuals who are candidates for U.S. training, and the Committee understands that the Department of State is also applying the law to those individuals' units and to units that may receive U.S. equipment, as required. As in past years, the Committee recommends not less than $3,500,000 for DRL for personnel, training, and other support to strengthen the vetting process and to implement the other requirements of section 620M.

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

Organization of American States- The Committee directs the U.S. mission to the OAS to work with other OAS member states to encourage the OAS Permanent Council to conduct a transparent accounting of current staffing and adopt personnel practices that establish rigorous, credible, and transparent merit-based human resource standards that are applied to all aspects of the OAS personnel system, including the budgetary implications of appointments to senior level trust and contract positions and the transfer of individuals from these positions into senior regular positions.

RELATED PROGRAMS

NATIONAL ENDOWMENT FOR DEMOCRACY

Additional funds above the budget request are recommended for programs in the following countries:

NATIONAL ENDOWMENT FOR DEMOCRACY

[Budget authority in thousands of dollars]

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Country Committee recommendation

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North Korea 3,000

Burma 7,500

Tibet 2,000

Venezuela 3,000

Syria 2,000

Libya 1,000

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TITLE III

BILATERAL ECONOMIC ASSISTANCE

COUNTRIES

Ecuador- The Committee is concerned with the extensive oil contamination of land and water in Northeastern Ecuador which poses grave health risks for the local population. The Committee recommends $500,000 for rainwater collection or other access to safe water for local residents, and to assist in providing local diagnosis and treatment for chronic illnesses resulting from such contamination.

ECONOMIC SUPPORT FUND

WESTERN HEMISPHERE

Assistance- The Committee notes the daunting challenges facing many countries in Central and South America due to struggling economies and weak governmental institutions. In addition to funding levels for specific countries recommended under this heading, the Committee directs additional resources be made available above the budget request to strengthen democratic institutions, including professional and accountable police forces, and to address the causes of poverty in the region. Additional funds should also be provided under the DA and INCLE headings.

CARSI- The Committee recommends not less than the budget request for CARSI.

Colombia- The Committee recommends not less than $175,000,000 apportioned directly to USAID for alternative development/institution building and local governance programs in Colombia, including $7,500,000 for human rights activities.

The Committee recommends not less than $15,000,000 for Afro-Colombian and indigenous communities for projects developed in close consultation with such communities. The Committee is concerned with the rapid expansion of government sanctioned, as well as illegal, mining operations in or adjacent to these communities, and the resulting harmful social, environmental, and health impacts. In addition, these already marginalized communities have experienced increases in violence, including assassinations of social activists, as well as poverty and displacement. The Committee directs the Department of State and USAID to work with the Government of Colombia to address these issues as a priority.

The Committee recommends not less than $3,000,000 for continued support for biodiversity conservation programs, and $500,000 for community-based programs to address the needs of children disabled by landmines and other causes related to the violence.

Haiti- The Committee recommends not less than the budget request for Haiti, and directs that assistance be made available, to the maximum extent practicable, in a manner that emphasizes the participation of Haitian NGOs and directly improves the security, economic and social well-being, and political status of Haitian women and girls. The Committee expects the Government of Haiti, USAID, and other donors to communicate directly and regularly with Haitian community leaders and civil society organizations about United States programs and plans.

In order to obtain greater clarity and transparency regarding assistance for Haiti, not later than 180 days after enactment of this act, the Committee directs the Secretary of State to submit a report on United States-funded recovery and development efforts in Haiti, which shall also be posted on the Department of State's Web site, to include:

--an assessment of the overall progress of the Haiti Rebuilding and Development Strategy, including how the USAID Forward agenda will be incorporated into the Strategy, and any other significant modifications to the Strategy during the preceding 6 months, with an explanation of such changes;

--a description of the process by which State and USAID will establish time-bound goals and quantitative and qualitative indicators to evaluate the progress, achievement, and lack of achievement of efforts that comprise the Strategy;

--a description of U.S. Government programs contributing to the Strategy, including the amounts obligated and expended on such programs during the preceding 12 months, and data on the use of local implementing partners at both prime and subprime levels and on the use of direct funding to local and State institutions;

--a description of the extent to which the GoH and Haitian civil society and grassroots organizations have been consulted in the determination of such time-bound goals and in the design and implementation of new programs under the Strategy;

--disaggregated data, where available and appropriate, by beneficiaries' region, sector, gender, and age;

--a description of how consideration for vulnerable populations, including IDPs, women, children, orphans, and persons with disabilities, has been incorporated in all stages of the design and implementation of new programs; and

--an assessment of the steps Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States.

The Committee directs USAID to consult with the Committee on plans and funding to implement the reforestration strategy commissioned after 2008 tropical storms, including to address vulnerable watersheds.

The Committee also recommends funding for agriculture programs focused on staple crops, and public and private sector efforts to increase the availability of reliable, affordable electricity, including building the institutional capacity of the GoH to manage the electric grid.

The Committee directs the Secretary of State to prioritize assistance to labor programs, particularly near the new Caracol Industrial Park, to assist the GoH to capitalize on U.S. trade preferences consistent with internationally recognized labor rights.

Mexico- The Committee recommends not less than $45,000,000 for assistance for Mexico, including for additional economic development activities along the United States-Mexico border.

DEMOCRACY FUND

Mexico- The Committee notes that Mexican journalists and social activists have been increasingly threatened and assassinated, and recommends increased support for programs to protect them.

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

Colombia- The Committee does not support the decrease in the budget request for refugees and IDPs in the Western Hemisphere, and recommends funding under this heading for increased assistance for Colombian IDPs and refugees.

INTER-AMERICAN FOUNDATION

Appropriations, 2012 $22,500,000

Budget estimate, 2013 18,100,000

Committee recommendation 23,500,000

The Committee recommends $23,500,000 for Inter-American Foundation.

The Committee directs the president of the Inter-American Foundation to submit, not later than 45 days after enactment of this act, a revised policy on representation expenses consistent with section 7020(a) of this act.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

CARSI/CBSI- The Committee continues support for CARSI and CBSI to address narcotics-related violence and corruption in Central America, with a focus on reform of judicial systems and professionalism of police forces. The Committee recognizes that the success of CARSI and CBSI programs depends on political support and leadership at the highest levels of Central American governments, including to hold corrupt officials accountable, and to protect judges, prosecutors, and witnesses.

The Committee recommends that CARSI be used to establish Narcotics Affairs Sections at U.S. Embassies in El Salvador and other Central American countries, as appropriate.

...

Colombia- The Committee recommends $145,000,000 for assistance for Colombia, including not less than $15,000,000 for the Office of the Colombian Attorney General, of which $7,500,000 is for the human rights unit. The Committee directs the Secretary of State to submit a report on rule of law programs in Colombia, including the amounts and uses of funds, efforts by the Government of Colombia to end impunity, an assessment of the results to date, and benchmarks for measuring progress.

The Committee is aware of growing concerns with the effects of glyphosate-based herbicides on the environment and human health in areas where such herbicides are widely used in agriculture, and recent scientific studies linking low doses of glyphosate to abnormalities in amphibian and chicken embryos. Women exposed to GBH during pregnancy have reportedly given birth to children with congenital malformations. The Committee requires the Secretary of State to certify, prior to the obligation of funds, that the toxic chemicals sprayed by the Colombian police do not pose unreasonable risks or adverse effects to humans, including pregnant women and children, or the environment, including endemic species.

As in past years, the Committee does not support funding for aerial spraying of GBH in Colombia's national parks or reserves unless the Secretary of State reports in writing to the Committee, prior to the use of funds for such purpose, that there are no effective alternatives and the spraying is in accordance with Colombian laws and regulations.

...

Guatemala- The Committee recommends $5,000,000 for the International Commission Against Impunity in Guatemala and supports the extension of CICIG's mandate beyond 2013, as necessary.

The Committee remains concerned with the lack of professional, accountable police forces in Guatemala and urges the Department of State to work with the Government of Guatemala and civil society to implement a police reform strategy.

...

Mexico- The Committee recommends not less than $199,000,000 for assistance for Mexico, and supports the prioritization of reform of national, state, and local judicial institutions and law enforcement, and cooperation between the United States and Mexico to combat organized crime and drug trafficking along the border.

...

Police Training- The Committee is concerned that police training programs implemented by the Department of State have not always been suitably designed, effectively implemented, or sustainable, and urges the Department to conduct a rigorous review of these programs, utilizing outside experts as appropriate.

FOREIGN MILITARY FINANCING PROGRAM

Colombia- The Committee recommends $30,000,000 for assistance for Colombia, in accordance with the requirements of section 7045(a)(2) of this act. Of this amount, 25 percent may be obligated only if the Secretary of State consults with, and subsequently certifies and submits a report to, the Committee that:

--the Colombian military is suspending those members, of whatever rank, who have been credibly alleged to have violated human rights, or to have aided, abetted or benefitted from criminal or illegal armed groups; all such cases are made subject only to civilian jurisdiction for all stages of the investigation and prosecution, and the Colombian military is not opposing civilian jurisdiction in such cases and is cooperating fully with civilian prosecutors and judicial authorities;

--the Government of Colombia is not taking steps that could result in immunity from prosecution or the suspension of sentences for persons responsible for crimes against humanity, war crimes, or other gross violations of human rights;

--the Government of Colombia is dismantling paramilitary networks and their successor groups, including by arresting and prosecuting in civilian courts individuals who have aided, abetted, or benefitted from paramilitary organizations or other criminal or illegal armed groups; supporting investigations by civilian judicial authorities into links between public officials and paramilitary groups; and returning land and other assets illegally acquired by such organizations or their associates to their rightful occupants or owners; and

--the Government of Colombia is taking steps to protect the rights of human rights defenders, journalists, trade unionists, IDP leaders, and other social activists, and respecting the rights and territory of indigenous and Afro-Colombian communities; and the Colombian military is implementing rigorous procedures to distinguish between civilians, including IDPs, and combatants, in their operations.

...

Guatemala- The Committee supports assistance for the Guatemalan coast guard, navy, and air force to enhance regional naval cooperation, maritime, and border security. The Committee is aware of several investigations and prosecutions of former army personnel for disappearances, torture, and extra-judicial executions during the internal armed conflict. The Committee will consider a future budget request for assistance for the army, if the army:

--has a narrowly defined mission focused on border security and external threats, and a timetable for ending the army's involvement in internal law enforcement;

--is cooperating fully with civilian investigations and prosecutions of human rights cases involving current and retired military officers of whatever rank, with the Inter-American Court on Human Rights, and with CICIG, including providing timely access for investigators to witnesses, documents, forensic evidence, and other relevant information; and

--is publicly disclosing all military archival documents relating to the internal armed conflict in a timely manner in response to requests by civilian judicial authorities.

The Committee directs the Secretary of State, after consultation with Guatemalan and international human rights organizations, to submit a report not later than 120 days after enactment of this act assessing the army's progress in meeting each of the above requirements, detailing any additional steps the army should take, and identifying the quantitative and qualitative indicators used to measure progress. The report should also include:

--the number of human rights cases in which military personnel have been prosecuted and appropriately punished, and the extent of the army's cooperation in such cases;

--the extent of military archival documents publicly disclosed by the army; and

--the extent of the army's involvement in internal law enforcement.

Honduras- The Committee is concerned with increasing violence in Honduras involving large landowners, criminal organizations, peasant groups, militias, and Honduran security forces. Assassinations of human rights defenders, journalists, and social activists are common. In accordance with section 7045(a) of this act, the Committee withholds 25 percent of assistance in this act for Honduran military and police forces, which may be obligated only if the Secretary of State reports in writing to the Committee that:

--the Government of Honduras is implementing policies to protect freedom of expression, association, and assembly, and due process of law; and is investigating and prosecuting in the civilian justice system, in accordance with Honduran and international law, military and police personnel who are credibly alleged to have violated human rights; and

--the Honduran military and police are cooperating with civilian judicial authorities in such cases.

...

Mexico- The Committee remains concerned with impunity among Mexican military and police forces for violations of human rights. In accordance with section 7045(f) of this act, the Committee withholds 15 percent of assistance in this act for Mexican military and police forces, which may be obligated only if the Secretary of State reports in writing to the Committee that:

--the Government of Mexico, in accordance with Mexican and international law, has reformed the military justice system to require that military and police personnel who are credibly alleged to have violated human rights are investigated and prosecuted in the civilian justice system;

--the Government of Mexico is enforcing prohibitions against torture and the use of testimony obtained through torture; and

--the Mexican military and police are immediately transferring detainees to the custody of civilian judicial authorities, in accordance with Mexican law, and are cooperating with such authorities in such cases.

TITLE V

MULTILATERAL ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

Organization of American States- The Committee recognizes the essential role of the Inter-American Commission on Human Rights in providing justice for victims of human rights violations and protecting basic freedoms in many Latin American countries whose justice systems are weak and compromised by corruption. The Committee recommends $2,000,000 for a U.S. voluntary contribution to the IACHR, of which not less than $500,000 is for the Office of the Special Rapporteur for Freedom of Expression. The Committee is concerned with increasing attempts by some governments in the region to curtail freedom of the press, and supports the efforts of the Special Rapporteur to defend the rights of journalists.

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

The Committee recommends $113,500,000 for Contribution to the Inter-American Development Bank, of which $102,020,000 is for the second of five U.S. paid-in capital contributions to the IDB's Ninth GCI, and $11,480,000 is to pay arrears owed from prior years.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND

The Committee recommends $25,726,000 to pay arrears owed from prior years to the Multilateral Investment Fund.