House Committee on Appropriations Report on H.R.3081, Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2010, and for other purposes.

Bill Number: 
H. Rept. 111-187
Bill Status: 
Bill Location: 
Date of Last Action: 
Friday, June 26, 2009
Relevant Text: 

111TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

1st Session

111-187

--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS BILL, 2010

JUNE 26, 2009- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mrs. LOWEY, from the Committee on Appropriations, submitted the following

R E P O R T

together with

MINORITY AND ADDITIONAL VIEWS

[To accompany H.R. 3081]

The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2010, and for other purposes.

NATIONAL SECURITY, COUNTERTERRORISM AND COUNTERNARCOTICS PROGRAMS

The Committee's fiscal year 2010 recommendation includes a total of $13,419,309,000 for programs that protect our national security and combat terrorism under the `Economic Support Fund', `Foreign Military Financing Program', `International Counternarcotics and Law Enforcement', `Nonproliferation, Anti-terrorism, Demining and Related Programs', `International Military Education and Training' and `Peacekeeping Operations' account headings. Of these amounts, $4,698,000,000 is for assistance to frontline states of Afghanistan, Pakistan and Iraq; $4,557,000,000 is to meet our commitments to our allies and partners in the Middle East; and $986,677,000 is to support counter narcotics and alternative development programs in Mexico, Central American, the Caribbean Basin, Colombia and Peru.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY
RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

-----------------------------------------------
-----------------------------------------------
Fiscal year 2009 enacted level 1 $715,483,000
Fiscal year 2010 request 745,450,000
Committee recommendation 746,450,000

Change from request 1,000,000
Change from enacted level 30,967,000
-----------------------------------------------

The Committee recommendation includes $746,450,000 to carry out United States international communications activities and operations overseen by the Broadcasting Board of Governors (BBG), which is $30,967,000 above the fiscal year 2009 enacted level and $1,000,000 above the request. Within the total, $733,788,000 is for international broadcasting operations and $12,662,000 is for broadcasting capital improvements.

INTERNATIONAL BROADCASTING OPERATIONS

The Committee recommendation for International Broadcasting Operations is $733,788,000, which is $29,601,000 above the fiscal year 2009 enacted level and $1,601,000 above the request. This account funds the operating and engineering costs of Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, Radio and TV Marti, and the BBG. The recommendation also includes funding for Broadcasting to Cuba under this account. Funds made available under the heading should be allocated in the following manner and are subject to the reprogramming and notification requirements of section 7019:

INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]

-----------------------------------------------------------------------------------------------------------
Program/Activity Request Committee recommendation Change
-----------------------------------------------------------------------------------------------------------
International Broadcasting Operations
Voice of America 201,828 204,547 2,719
Radio and TV Marti 32,474 32,474 0
Engineering and Technical Services 188,541 189,399 858
Agency Direction 28,247 28,247 0
International Broadcasting Bureau Management and Support 39,809 39,809 0

Subtotal, International Broadcasting Operations 490,899 494,476 3,577
Independent Grantee Organizations
Radio Free Europe/Radio Liberty 91,063 91,063 0
Radio Free Asia 36,648 36,648 0
Middle East Broadcasting Networks 113,577 111,601 -1,976
Subtotal, Independent Grantee Organizations 241,288 239,312 -1,976
Total, International Broadcasting Operations Appropriation in Bill 732,187 733,788 1,601
-----------------------------------------------------------------------------------------------------------

Broadcasting to Cuba

The Committee recommendation includes $32,474,000 for radio and television broadcasting to Cuba, which is $2,342,000 below the fiscal year 2009 program level and the same as the request. The Committee is concerned with the recent findings by the Government Accountability Office (GAO) that despite efforts by the BBG, there is still a lack of reliable data on how much of the radio and television signals can be heard and seen in Cuba and that there is a need to improve the Office of Cuba Broadcasting's (OCB's) strategy and operations. Towards this end, the Committee concurs in the proposal to change the news format for TV Marti by replacing the two evening news programs with news updates on the half hour and to convert Radio Marti to an all news format. The Committee further urges the BBG to ensure that all the issues raised by the GAO are addressed by OCB. The Committee understands that there may be downsizing in the Cuba Broadcasting workforce due to the restructuring of programming and urges the Director of Office of Cuba Broadcasting to find alternative opportunities, offer job retraining, or utilize buy-out and voluntary early-out authority for those affected employees.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT
ECONOMIC GROWTH
Cooperative development programs--The Committee recognizes the important role that United States electric, telephone, housing, and agricultural cooperatives and credit unions play in overseas development assistance programs as a means to lift low-income people out of poverty through their own efforts. The Committee urges USAID to consider funding the Cooperative Development Program at the level directed in fiscal year 2009.

Financial market assistance.--The Committee applauds USAID's work to expand financial markets in transition countries. USAID should continue its programs that provide technical assistance to build and develop stock exchanges, central banks, financial regulatory institutions, and private financial intermediaries. These programs should be designed to fit the unique needs of the country in which they are working. USAID should consider the work of non-profit organizations that specialize in this sector.

Microfinance.--Microenterprise and microfinance programs can fundamentally change the economic framework of a country through lifting people out of poverty. The Committee recommendation includes $265,000,000 in this Act for microenterprise and microfinance development programs. The Committee encourages investment in a variety of financial services that allows the poor to save, borrow, and access insurance, remittances, and other key services. USAID should target half of all microfinance and microenterprise funds to the poor, including women. USAID should consider the work of Esperanza.

Property rights.--The Committee supports the expansion of programs that address property rights, create private real estate markets, and improve the regulation of land. These programs are critical to providing economic opportunity for the poorest of the poor and women. USAID should consider the work of the International Real Property Foundation.

Trade capacity building.--The Committee recommendation includes funding for trade capacity building programs. In particular, $10,000,000 is provided for trade capacity building related to the Central American Free Trade Agreement, and $16,000,000 is provided for Peru Free Trade Agreement labor law capacity building, and for implementation of the environmental chapter of the United States-Peru Free Trade Agreement. USAID should consider the work of the University of Georgia, and Clark Atlanta University.

GLOBAL PROGRAMS
Caribbean Basin Security Initiative (CBSI)

The Committee recommendation includes $8,000,000 within the Caribbean regional account for the new CBSI as proposed by the Administration. The Committee intends that these funds will be used to support social justice and education programs to address the issue of poorly educated, unemployed, and crime-prone youth. Funds may be used for remedial education, workforce development, selected youth entrepreneurship programs, and juvenile justice, including diversion and rehabilitation programs for young offenders and at-risk youth in the Caribbean.

El Salvador

El Salvador is an important regional partner. The Committee recommends that the country operating plan should include a focus on technical training and capacity building to advance good governance, consensus building and the rule of law. The Committee intends that an emphasis be placed on capacity building in the areas of public administration, executive branch governance, fiscal management, tax compliance, regulatory management, and effective administration of anti-poverty programs.

Guatemala

The Committee continues to be concerned with the pervasiveness of human rights abuses against women and girls in Guatemala. The Committee notes that since 2001, more than 3,800 women and girls have been violently killed and that the Guatemalan legal system has been slow to bring the responsible parties to justice. The Committee recommendation includes $2,000,000 to support legal reform initiatives and programs to combat crimes of violence that specifically target women and girls in order to bring Guatemalan law in line with international standards on violence and discrimination against women.

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

-------------------------------------------------
-------------------------------------------------

Fiscal year 2009 enacted level 1 $7,105,401,000
Fiscal year 2010 request 6,504,096,000
Committee recommendation 6,370,096,000
Change from request -134,000,000
Change from enacted level -735,305,000
-------------------------------------------------

The Committee recommendation includes $6,370,096,000 for Economic Support Fund, which is $735,305,000 below the fiscal year 2009 enacted level and $134,000,000 below the request. Funds in this account are allocated in the following table, subject to the requirements of section 7019 of this Act.

ECONOMIC SUPPORT FUND

[Budget authority in thousands of dollars]
-----------------------------------------------------------------------------------------------------
Activity/Program Request Committeerecommendation
-----------------------------------------------------------------------------------------------------
Africa
Democratic Republic of the Congo 59,100 60,000
Liberia 148,670 158,670
Sierra Leone 18,000 18,000
Special Court [7,500]

Somalia 28,270 30,000
Sudan 296,034 296,034
Zimbabwe 67,500 67,500
State of Africa Regional (AF) 24,660 16,567
East Asia and the Pacific
Burma 34,750 32,000
Cambodia 5,000 15,000
Indonesia 300 32,000
Philippines 20,000

Tibet 5,000 7,300
Timor-Leste 2,700
State East Asia and Pacific Regional 14,520 10,000
Europe and Eurasia
Cyprus 11,000 11,000
Near East
Egypt 250,000 250,000
Iraq 415,700 400,000
Jordan 363,000 363,000

Lebanon 109,000 109,000
MEPI 86,000 70,000
MERC 3,000 5,000
Morocco 3,000 3,000
NERD 40,000 40,000
West Bank/Gaza 400,400 400,400
Yemen 25,000
Trans-Sahara Counter-Terrorism Partnership (TSCTP) 6,000 6,000
South and Central Asia

Afghanistan 2,157,932 2,106,000
of which Afghan Civilian Assistance [15,000]
of which NSP [175,000]
of which Women and Girls [175,000]
Pakistan 1,074,295 1,070,000
Regional (SCA) 9,500 7,000
Western Hemisphere
Colombia 200,660 200,660
Cuba 20,000 20,000

Guatemala 2,000 5,000
Haiti 124,951 165,000
Mexico 3,000 20,000
State Western Hemisphere Regional (WHA) 91,106 62,000
Caribbean Basin Security Initiative [13,100]
Global Programs
G/TIP--Office to Monitor and Combat Trafficking in Persons
State Office to Monitor and Combat Trafficking in Persons (G/TIP) 7,183 12,000
OES--Oceans and International Environmental and Scientific Affairs

Civilian Science Research Initiative 5,000
World Bank Carbon Facility 5,000
OES/CC Climate Change 150,300 130,300
OES/FTA-E FTA Environment 5,000 5,000
OES/OESP OES Partnerships 2,350 2,350
OES/SPFF South Pacific Forum Fisheries 18,000 18,000
OES/W Water 2,000 2,000
Other Global Programs
Reconciliation Programs 15,000

East Europe & the Independent States--Title VIII Program 5,000
Trade Capacity Building--Central America 10,000
Wheelchairs 10,000
Extractive Industries Transparency 3,000
House Democracy Assistance Program 2,000
Kimberley Process 3,000
-----------------------------------------------------------------------------------------------------

WESTERN HEMISPHERE

Western Hemisphere regional

The Committee recommendation includes $62,000,000 for the Western Hemisphere regional account, which is $29,106,000 below the request. These funds should be jointly administered by the Department of State and USAID. Of the total, $13,100,000 is for the new CBSI. The Department of State and USAID are directed to consult with the Committees on Appropriations prior to the obligation of these funds.

Caribbean Basin Security Initiative (CBSI)

The Committee includes $13,100,000 within the Western Hemisphere regional account for the new CBSI as proposed by the Administration. The Committee intends that these funds will be used to support vocational training, science education, and English language programs. Funds may be used to support senior teacher training, a science network that includes exchanges and a virtual library, and micro scholarships to students in the Caribbean.

Colombia

The Committee recommendation includes $200,660,000 for economic assistance programs in Colombia apportioned directly to USAID for continued support of new and ongoing development programs. Within the total, $36,000,000 shall be available to support internally displaced persons, refugees and other indigenous vulnerable groups and $4,500,000 shall be transferred to the `Migration and Refugee Assistance' account for emergency relief through nongovernmental organizations for Colombian refugees in neighboring countries. Additionally, up to $15,000,000 of the funds made available for Colombia under this heading are directed to be used for programs that specifically benefit Afro-Colombian and indigenous communities.

Haiti

The Committee recommendation includes $165,000,000 for assistance for Haiti, which is $40,049,000 above the request. The Committee encourages and supports efforts to bring about systemic and holistic positive change for the people of Haiti. USAID should consider the work of Mercy & Sharing and the Florida Association of Volunteer Action in the Caribbean and Americas.

Mexico

The Committee recommendation includes $20,000,000 for assistance for Mexico for economic assistance, judicial reform, civil society strengthening, and institution building. The Committee intends funds provided for assistance for Mexico under this heading to support the efforts of government and nongovernmental institutions in Mexico to enhance governance, including judicial reform, and strengthen civil society. An additional $10,000,000 is included for Mexico under the `Development Assistance' account.

GLOBAL PROGRAMS
Parliamentary exchanges

The Committee recommendation includes $2,000,000 for the House Democracy Assistance Commission. This program is not included in the fiscal year 2010 justification material and is therefore subject to the notification requirements of section 7015. The Commission maintains ongoing partnerships with 12 legislatures in Afghanistan, , Georgia, , Indonesia, Kenya, Lebanon, Liberia, Macedonia, Mongolia, Timor-Leste, and Ukraine. Funding will support operating costs for fiscal year 2010, including an array of outbound programs conducted in partner nations and inbound programs conducted in the United States Congress.

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

-------------------------------------------------
-------------------------------------------------
Fiscal year 2009 enacted level 1 $1,561,500,000
Fiscal year 2010 request 1,947,451,000
Committee recommendation 1,630,000,000
Change from request -317,451,000

Change from enacted level 68,500,000
-------------------------------------------------

The Committee recommendation includes $1,630,000,000 for International Narcotics Control and Law Enforcement (INCLE), which is $68,500,000 above the fiscal year 2009 enacted level and $317,451,000 below the request. The Committee has merged the `Andean Counterdrug Program' account under INCLE and, subject to the regular notification procedures of the Committees on Appropriations, has exempted funds provided in INCLE from the application of section 482(b) of the Foreign Assistance Act of 1961. The Committee has not included the requested provision that would allow funds previously appropriated to the Andean region to be reprogrammed without regard to geographic or purpose limitations. The Committee intends that funds previously appropriated to the Andean region be used in that region.

The Committee continues the requirement in the bill that the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds on a country-by-country basis for each proposed program, project, or activity.

The Committee notes that under certain extraordinary circumstances, the Department of State is required to exercise `notwithstanding' authority. However, this authority has sometimes been used without notification to the Committees on Appropriations. Therefore, the Secretary of State is directed to notify the Committees on Appropriations in writing within 5 days each time such authority is used, including providing a justification for such action.

The following table compares the President's request for fiscal year 2010 and the Committee recommendation and is subject to the terms and conditions of section 7019 concerning allocations and notifications.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------------------------------
Country/Program Request Committee recommendation Change

------------------------------------------------------------------------------------------------
Country/Region:
Indonesia 11,570 11,570 0
Iraq 52,000 52,000 0
Lebanon 20,000 15,670 -4,330
Afghanistan 450,000 420,000 -30,000
Pakistan 155,200 125,200 -30,000
Bolivia 26,000 20,000 -6,000
Colombia 237,760 251,150 13,390

Costa Rica 500 500 0
Dominican Republic 1,950 4,450 2,500
Guatemala 5,850 7,500 1,650
Haiti 18,500 21,107 2,607
Mexico 459,325 205,325 -254,000
Peru 40,000 40,000 0
West Bank and Gaza 100,000 100,000 0
Western Hemisphere Regional 81,665 81,670 -58
Caribbean Basin Security Initiative (CBSI) [5,900] [5,900] [0]

Central America Regional Security Initiative (CARSI) [75,000] [75,000] [0]
------------------------------------------------------------------------------------------------
GLOBAL PROGRAMS

Unless otherwise indicated, funding for global programs under this heading is presumed to be at the request level.

Criminal youth gangs

The Committee remains concerned about collaboration between criminal groups and drug traffickers and the impact these groups have on the daily lives of those citizens, especially the poor, who are the most frequent victims of violent crime. The Committee recommendation provides $8,000,000 for programs to combat transnational crime and criminal youth gangs, which is $1,000,000 above the request.

International demand reduction programs

The Committee strongly supports demand reduction programs. The Committee directs that from funds within this heading, in addition to the funds provided for such programs in Mexico and Central America, $15,000,000 shall be provided for the drug demand reduction program, which is $2,500,000 above the request. The Committee commends the Department of State on efforts and encourages expansion of the program into more communities.

Trafficking in persons

The Committee recommendation includes $9,262,000 in INCLE funding for activities to prevent trafficking in persons, which is the same as the request.

Trans-Sahara Counterterrorism Initiative

The Committee recommendation includes $4,500,000 for the Trans-Sahara Counterterrorism Initiative, which is the same as the request.

Human rights

The Committee calls on the Department of State to ensure that all United States laws regarding human rights, including section 620J of the Foreign Assistance Act, are strictly applied in every country program.

Police training

The Committee recognizes that the United States plays an important role in training and professionalizing foreign police around the world. United States training promotes high quality, standardized civilian police, justice sector and corrections training in operating procedures, code of conduct, ethics standards, and human and civil rights. The Committee notes that such training is critical to eliminating the mistreatment and violence that occurs to those in need of protection. Furthermore, the Committee is gravely concerned with the treatment of women and girls and urges the Department of State to focus training on how to prevent and respond to gender-based violence against women and girls. The Committee directs the Secretary of State to report to the Committees on Appropriations not later than March 1, 2010 on efforts to provide United States assistance to foreign police to address gender-based violence. This report should include: (1) an overview of all the Department's efforts to develop and provide such assistance to foreign police on gender-based violence; (2) information on the curriculum/training developed to provide or incorporate into said assistance; (3) the specific types of United States assistance provided to foreign police forces; (4) the number of countries/security forces that have received training and the cost of these trainings; and (5) the challenges encountered in pursuing this policy. The Committee is aware of the work of the Leitner Center in Ghana and encourages the Department of State to consider support for such activities in fiscal year 2010.

COUNTRY AND REGIONAL PROGRAMS
Colombia

The Committee acknowledges that Colombia is a vital partner and ally of the United States. The Committee recommendation includes $251,150,000, which is $13,390,000 above the request, for rule of law, interdiction and eradication activities in Colombia. The Committee continues to recognize the strategic importance of Colombia, and acknowledges the successes in Colombia and the measurable improvements that have resulted in the everyday lives of the Colombian people.

The Committee notes that increasing levels of assistance for Colombia are supporting Integrated Action programs (Fusion Centers), which aim to bring the government into ungoverned territories by combining military security and civilian development strategies. The Committee views this model as innovative, but notes that success hinges on civilian government institutions' full participation, inter-agency coordination, strict respect for human rights and local populations' inclusion. The Committee urges the Department of State and the United States Embassy in Colombia to work with the Government of Colombia to ensure that during implementation of such Fusion Centers, the development of non-military capacity is a top priority.

Colombia rule of law, judicial, and human rights programs- The Committee recommendation provides $44,500,000 in funding for justice and rule of law activities and continues a prior-year prohibition on providing funding for budget support or cash payments to the Government of Colombia.

The Committee encourages that funding provided for judicial, human rights, and rule of law activities may be available to assist investigations and prosecutions of crimes against labor union members and human rights defenders.

The Committee is concerned with the timeliness of judicial assistance to Colombia and directs the Department of State in consultation with the Department of Justice to provide a report to the Committees on Appropriations not later than 45 days after enactment of this Act describing the implementation of assistance for the Colombian justice system. This report shall include a timeline of allocation of funds.

The following table compares the President's request for fiscal year 2010 and the Committee recommendation and is subject to the terms and conditions of section 7019 concerning allocations and notifications.

COLOMBIA RULE OF LAW, JUDICIAL, AND HUMAN RIGHTS PROGRAMS
[Budget authority in thousands of dollars]
-----------------------------------------------------------------------
Program/Activity Request Committee recommendation
-----------------------------------------------------------------------
Human Rights 0 8,000

Judicial Reforms Programs 7,000 8,000
Procuraduria General de la Nacion 0 4,000
Defensoria del Pueblo 0 2,000
Office of the Attorney General 13,234 --
Human Rights Unit 0 5,000
Justice and Peace Unit 0 5,000
Witness/Victims Protection Program 0 5,000
Investigations and Mass graves 0 1,500
UN High Commissioner for Human Rights 0 500

Carabineros 5,000 3,000
Individual Deserter Program 500 500
Demand Reduction 500 500
Culture of Lawfulness 0 0
26,734 44,500 1,500
-----------------------------------------------------------------------

Colombia human rights.--The Committee is concerned with official reports from the Government of Colombia which estimate that in the past 15 years up to 6.8 million hectares of land belonging to Afro-Colombians were illegally expropriated by paramilitary groups. The Committee notes that, despite the presence of Colombian armed forces, there continues to be paramilitary control over large tracts of land and the natural resources found on such lands.

The Committee is aware of reports that in the case of the Afro-Colombian and mestizo communities of Jiguamiando and Curvarado, the Government of Colombia has recognized that the Afro-Colombian community councils are the rightful owners of these lands. The Secretary of State is directed to report to the Committees on Appropriations not later than 45 days after enactment of this Act on the actions taken by the Government of Colombia to return to the Afro-Colombian community councils all lands unlawfully expropriated.

The Committee continues to be concerned with the plight of internally displaced persons (IDPs) in Colombia. The Committee notes that the Colombian Constitutional Court has ruled that a registry of lands should be established chronicling the property claims of internally displaced individuals and families and identify who currently holds the land in order to restore the rights of IDPs and return that land to the rightful owners or provide appropriate reparation. The Committee encourages the Government of Colombia to complete this registry to facilitate national reconciliation.

The Committee is concerned with reports of malicious or baseless prosecutions of human rights defenders, journalists, and political or social leaders who have criticized government policies, and urges the Government of Colombia to establish mechanisms to provide judicial review and oversight to prevent such misuse of the judicial process. The Committee has modified a provision (Sec. 7046(b)(1)(B)(iv)) to include a reporting requirement.

Colombia interdiction, eradication and support.--The Committee supports voluntary manual coca eradication efforts in Colombia and directs USAID to continue to support the Government of Colombia in expanding these programs. The Committee directs the Department of State to provide a report not later than 45 days after enactment of this Act, on United States Government support of voluntary manual eradication efforts in Colombia.

The Committee continues a prior-year provision (Sec. 7046) requiring that the Secretary of State certify that certain human rights conditions have been met before 30 percent of funds may be made available for assistance for the Colombian Armed Forces.

The following table compares the President's request for fiscal year 2010 and the Committee recommendation and is subject to the terms and conditions of section 7019 concerning allocations and notifications.

COLOMBIA--INTERDICTION, ERADICATION AND SUPPORT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------------
Program/Activity Request Committee recommendation
------------------------------------------------------------------------------
Support to the Colombian Military:

Army Counterdrug Mobile Brigade 2,000 2,000
Army Aviation Support 36,000 36,000
Air Bridge Denial Program 1,000 1,000
44,000 44,000 5,000
Support to Colombian National Police:
Aviation Support 55,106 50,000
Support For Eradication 60,000 55,000
131,106 130,000 25,000
Program, Development and Support:

United States Personnel 2,089 2,029
Locally Engaged Staff (LES) 2,391 1,911
ICASS Costs 1,010 1,010
7,240 6,700 1,750
Critical Flight Safety Program:
Huey-II Engines 1,800 1,800
Huey-II procurement 3,500 3,500
Spray Aircraft procurement 2,730 0
Huey II wiring 1,500 1,500

C208 Depot 700 700
UH-60L Depot 6,000 6,000
Huey-II Depot 4,000 4,000
C-27 Depot 2,600 2,600
AT-802 Depot 2,600 2,600
28,680 25,950 3,250
Total--Interdiction, Eradication and Support 211,026 206,650
------------------------------------------------------------------------------

Mexico

The Committee recommendation includes $205,325,000 for Mexico. Although $459,325,000 was requested in fiscal year 2010 through the INCLE account, the Committee forward funded a total of $254,000,000 in the Supplemental Appropriations Act, 2009 (Public Law 111-32), of which $160,000,000 was provided through the `Foreign Military Financing Program' account. Taken together with the funding provided in this Act, the Committee has fully funded the fiscal year 2010 request for Mexico, which includes the Administration's request for the Merida program.

The Committee provides funding to enable the Mexican National Migration Institute to expand and modernize its database and document verification system; procure mobile gamma ray non-intrusive inspection equipment and canine detection training to support the Federal Police and Customs' interdiction efforts; provide assistance to augment institution-building efforts; and provide support for anti-gang and anti-organized crime units, victim/witness protection, and extradition training.

The Committee applauds the Government of Mexico's efforts in its war against organized crime and drug-trafficking along our shared border. However, this problem cannot be solved through police and military actions alone. The Committee believes that more must be done to invest in society and to provide alternative livelihoods, education, and opportunities for youth. While enforcement by police and military is important, security forces must institutionalize mechanisms to ensure transparency and accountability as well as respect for the rights of citizens. The Committee remains concerned with reports of corruption and human rights violations committed by some elements of federal and local police and military personnel. The Committee urges the continuation of justice sector and institutional reforms to ensure greater respect for human rights and rule of law.

The Committee is concerned about violence against women in Mexico. The Committee encourages the Department of State to support ongoing efforts to identify unknown women murder victims in Ciudad Juarez and Chihuahua, Mexico, through forensic analysis, including DNA testing, conducted by independent, impartial experts already working in the state who are sensitive to the special needs and concerns of the victims' families. Support should also be provided for efforts to encourage families from Chihuahua and other Mexican states that have women or girls missing in their families to report these cases to the Attorney General's office in Chihuahua and the federal Special Prosecutor's Office for violent crimes against women.

The Committee remains concerned about reports of firearms flowing across the border, which contributes to the increased level of violence, and strongly supports a coordinated strategy to address the mutual concerns between the United States and Mexico. The Committee urges creation of a joint high level United States-Mexico commission to facilitate bi-national cooperation and innovative solutions to reducing border violence, including increasing the interoperability of communications between United States and Mexico emergency and first responders along the southern border. The Committee believes such a commission would encourage coordination in curbing the illegal flow of contraband across the United States-Mexico border, including firearms, chemical precursors and bulk cash. The Committee has included language that requires any equipment purchased with funds in this Act to be interoperable and compatible with equipment utilized by Federal law enforcement agencies in the United States.

Peru

The Committee recommendation includes $40,000,000 for assistance for Peru, which is the same as the request. The Committee continues to believe that there is a very real danger of increased coca production and of drug trafficking through Peru and notes with concern a small but significant rise in incursions by Mexican and Colombian drug cartels and other narco-terrorist organizations despite United States-supported eradication efforts. The Committee is concerned that the terrorist organizations have openly identified with the coca growers.

The Committee is aware of the coca interdiction and eradication activities in the Cordillera Azul National Park in central Peru and encourages USAID to consider such work in fiscal year 2010. The Committee understands that this alternative community development and conservation education project has already demonstrated effective use of funds to prevent coca cultivation and urges USAID to consider entering into similar agreements elsewhere in the region.

Central America Regional Security Initiative (CARSI)

The Committee includes $75,000,000 within the INCLE Western Hemisphere regional account for the countries of Central America, which includes the Administration's request for the Merida Initiative--Central America. The Committee believes that funding and cooperation within the region is a long-term proposal and therefore is transitioning the three-year Merida Initiative-Central America to a longer-term Central America Regional Security Initiative (CARSI). The Committee believes that the Administration must take a comprehensive approach to the myriad of problems such as youth violence and gangs, organized crime, drug trafficking and other forms of criminality and violence in Central America. The Committee notes that a range of United States Government agencies, including the Department of State, USAID, the Department of Justice, and others need to be involved in working with Central American governments and regional bodies to develop and implement a regional security initiative. The Committee expects that the Administration, as it develops and implements CARSI will ensure that it includes significant funding for prevention, for institutional strengthening of police, prosecutors, and judicial systems, and for prison programs.

The Committee provides funding to combat drug trafficking, related violence, and organized crime. Funding is also provided for judicial reform, institution building, gang prevention, anti-corruption, and rule of law activities. The Committee supports increased coordination between the police forces of different countries and provides funds for information collection and sharing, enhancement of crime and fingerprint databases, communication equipment, and expansion of sensitive investigation police units, as well as funding to provide specialized police training and equipment, including vehicles, and communication equipment. Funding for CARSI maritime security is provided under the `Foreign Military Financing Program' account.

Caribbean Basin Security Initiative (CBSI)

The Committee includes $5,900,000 within the INCLE Western Hemisphere regional account for the new CBSI as proposed by the Administration. The Committee intends that these funds will be used to support programs to enhance rule of law, provide equipment and training to counternarcotics forces, assist efforts to strengthen anti-crime legislation, and support information sharing among the customs, law enforcement and border control agencies in the Caribbean.

SOUTH ASIA
Western Hemisphere

The Committee urges the Secretary to provide a strong and fair share contribution to UNHCR's request for the Western Hemisphere. Special consideration should be made to UNHCR's Latin America, North America and Caribbean appeals. The Committee notes with concern the humanitarian crisis in Ecuador, and urges the Department of State to provide robust support for Colombian refugee programs through both international and nongovernmental organizations, as well as continued support for Colombian IDP needs.

INTERNATIONAL MILITARY EDUCATION AND TRAINING

--------------------------------------------
--------------------------------------------
Fiscal year 2009 enacted level $ 93,000,000
Fiscal year 2010 request 110,283,000
Committee recommendation 110,283,000
Change from request 0
Change from enacted level 17,283,000

--------------------------------------------

The Committee recommendation includes $110,283,000 for International Military Education and Training (IMET), which is $17,283,000 above the fiscal year 2009 enacted level and the same as the request.

The Committee acknowledges that IMET is a valuable part of the overall United States security assistance program. The Committee appreciates that in addition to providing training, this program also exposes foreign students to American democratic values, particularly military respect for civilian control of the military and the government, and for internationally recognized standards of individual and human rights.

Argentina

The Committee notes that although Argentina is subject to Brooke sanctions and unable to receive other military assistance, section 638(b) of the Foreign Assistance Act provides authority for training activities. Therefore, the Committee recommendation includes $900,000 for IMET programs for Argentina, which is the same as the request.

The Committee is aware that the Government of Argentina has not implemented Federal Court orders including two default judgments and daily sanctions rendered by the United States District Court of Northern Illinois. Should the Government of Argentina fail to comply with these court orders in a timely fashion, the Department of State, in consultation with the Department of Defense, should withhold funds provided for Argentina's IMET program.

Colombia

The Committee recommendation includes $1,695,000 for IMET programs for Colombia, which is the same as the request.

Guatemala

The Committee recommendation includes $850,000 for regular IMET programs for Guatemala. The Committee continues a provision (Sec. 7045(d)(2)) that provides training, other than E-IMET, only for the Guatemalan Air Force and Navy and also provides IMET training for the Guatemalan Army Corps of Engineers entirely for training to improve disaster response capabilities and to participate in international peacekeeping operations. The Committee notes that this assistance may only be provided if the Secretary of State certifies that the Guatemalan Air Force, Navy, and Army Corps of Engineers are respecting human rights and are fully cooperating with the International Commission Against Impunity (CICIG); and that civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights.

The Committee remains concerned that the Government of Guatemala cannot maintain and field an effective force against narcotics trafficking and other illicit activity, or protect their borders without this training. IMET for the Guatemalan Navy is critical to enhancing its professional development and interdiction capability. Such training will strengthen the Guatemalan Navy's ability to disrupt narcotics trafficking along the riverine network, as well as along the Pacific and Atlantic coastlines that are increasingly heavy transit zones for drugs.

FOREIGN MILITARY FINANCING PROGRAM

-------------------------------------------------
-------------------------------------------------
Fiscal year 2009 enacted level 1 $6,231,500,000
Fiscal year 2010 request 5,274,390,000
Committee recommendation 2 4,260,000,000
Change from request -1,014,390,000

Change from enacted level -1,971,500,000
-------------------------------------------------

The Committee recommendation includes $4,260,000,000 for Foreign Military Financing Program (FMF), which is $1,971,500,000 below the fiscal year 2009 enacted level and $1,014,390,000 below the request. In the Supplemental Appropriations Act, 2009 (Public Law 111-32), the Committee forward-funded $1,125,000,000 of requested fiscal year 2010 FMF. The Committee notes that when the forward-funding is added to the recommended funding, the total fiscal year 2010 level is $110,610,000 above the request.

The FMF program provides grants for the acquisition of United States defense equipment, services, and training. Such assistance enables key allies and friendly nations to improve defensive capabilities, and fosters bilateral military relationships with the United States and interoperability with United States forces. The Committee provides legislative language granting the Secretary of State authority to initiate the procurement of defense articles or services for foreign security forces.

The following table compares the President's fiscal year 2010 request and the Committee recommendation and is subject to the terms and conditions of section 7019 concerning allocations and notifications.

FOREIGN MILITARY FINANCING PROGRAMS
[Budget authority in thousands of dollars]
--------------------------------------------------------------------------------------
Country/Program Request Committee recommendation Change

--------------------------------------------------------------------------------------
Armenia 3,000 3,000 0
Azerbaijan 4,000 3,000 -1,000
Colombia 66,390 60,000 -6,390
Dominican Republic 1,000 1,000 0
Ethiopia 3,000 843 -2,157
Egypt 1,300,000 1,040,000 -260,000
Egypt (forward-funding) [1,300,000] [260,000] +260,000
Georgia 16,000 16,000 0

Indonesia 20,000 20,000 0
Israel 2,775,000 2,220,000 -555,000
Israel (forward-funding) [2,775,000] [555,000] +555,000
Jordan 300,000 150,000 -150,000
Jordan (forward-funding) [300,000] [150,000] +150,000
Kazakhstan 2,400 4,000 1,600
Kyrgyz Republic 2,900 4,000 1,100
Lebanon 100,000 100,000 0
Malta 0 455 455

Mexico 10,500 10,500 0
Mexico (forward-funding) [170,500] [160,000] +160,000
Morocco 9,000 9,000 0
Pakistan 298,000 268,000 -30,000
Poland 47,000 47,000 0
Thailand 1,060 1,600 540
Tunisia 15,000 20,000 5,000
Tajikistan 1,500 2,000 500
Turkmenistan 1,500 2,000 500

Ukraine 16,000 16,000 0
Western Hemisphere Maritime Cooperation 18,000 18,000 0
FMF, Administrative Expenses 54,464 54,464 0
5,274,390 4,260,000 -1,014,390 -19,538
Total with Forward Funding 5,274,390 5,385,000 +110,610
--------------------------------------------------------------------------------------
Shared Security Partnership (SSP)

The Committee supports the SSP, a cross-cutting initiative to coordinate regional and global law enforcement and anti-terrorist efforts proposed by the Administration. The recommendation includes $10,000,000 from funds made available under this heading for air and maritime equipment, training, and C3 (command, control, and communications) to more fully integrate Caribbean regional security and law enforcement agencies.

Maritime Security Assistance (Western Hemisphere Regional)

The Committee recommendation includes $18,000,000 for maritime security assistance, which is the same as the request. The Committee intends these funds to continue the naval cooperation program in the Caribbean and provides $10,000,000 as part of the new CBSI and $8,000,000 for the countries of Central America as part of the CARSI to maintain the ongoing maritime security assistance program.
Colombia

The Committee recommendation includes $60,000,000 for FMF programs for Colombia, which is $6,390,000 below the request. The Committee includes bill language providing $12,500,000 to support maritime interdiction and riverine operations.

Mexico

The Committee recommendation includes $10,500,000 for FMF programs for Mexico. The Committee continues a provision (Sec. 7045(e)) that includes a limitation of 15 percent of the funding provided under this heading until the Secretary of State reports that certain requirements have been met.

Guatemala

The Committee recommendation provides $1,000,000 for FMF programs for Guatemala. The Committee continues a provision (Sec. 7045(d)(3)) that provides FMF for the Air Force and Navy to obtain spare parts only if the Secretary of State certifies that the Guatemalan Air Force, Navy, and Army Corps of Engineers are respecting human rights, and civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights. The Committee supports FMF funding, particularly for spare parts for the Guatemalan Air Force and Navy, to combat transnational crime on the sea, on the rivers, and in the air. The Committee notes that Guatemala is a strategic chokepoint for the flow of drugs and other threats towards the United States. Funding will also strengthen the Navy's ability to halt counter narcotics trafficking along the riverine network, as well as along the coastline of the Pacific and Atlantic sides that are increasingly heavy transit zones for drugs. FMF funding will also increase Guatemala's disaster response and peacekeeping capabilities. The Committee continues to call attention to the fact that the language still restricts funding from the Guatemala Army. Funds are subject to the notification requirements in Section 7015(f) of this Act.

TITLE V

MULTILATERAL ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

-----------------------------------------
-----------------------------------------
Fiscal year 2009 enacted level $0
Fiscal year 2010 request 4,670,000
Committee recommendation 4,670,000

Change from request 0
Change from enacted level 4,670,000
-----------------------------------------

The Committee recommendation includes $4,670,000 for Contribution to the Inter-American Investment Corporation, which is $4,670,000 above the fiscal year 2009 level and the same as the request. This funding is intended to cover a portion of the United States arrears to the Inter-American Investment Corporation, which total $46,100,000.

TITLE VII--GENERAL PROVISIONS

GENERAL PROVISIONS--DEPARTMENT OF STATE AND RELATED AGENCIES

Sec. 7015, `Reprogramming Notification Requirements', is modified by changing the reprogramming level in subsection (b); in subsection (c) striking `Andean Counterdrug Programs' and inserting `Civilian Stabilization Initiative'; and striking in subsection (d) language requiring periodic financial audits of funds transferred from the Department of Defense to the Department of State. Subsection (f) is modified by adding Colombia, and the countries of the Caribbean Basin Security Initiative to the list of countries requiring funding notification.

The Committee clarifies that provisions (1), (2), (4), (6), and (7) of subsection (a) apply to any program, activity, or office of any special envoy, special representative, coordinator, or similar position.

Sec. 7045, `Western Hemisphere', is modified by deleting subsection (c); changing the bill-wide funding level in subsection (b) for Haiti; adding a new subsection (c) providing $37,000,000 for a Caribbean Basin Security Initiative to combat drug trafficking, organized crime and for education, rule of law judicial reform and maritime security activities; providing $3,000,000 for International Commission Against Impunity in Guatemala (CICIG); continues by reference the prior-year funding restrictions and reporting requirements for Mexico and the countries of Central America, except strikes the requirement under Mexico for an analysis of alternatives; and changes the funding level in subsection (e) and (f).

Sec. 7046, `Colombia', is modified by continuing by reference the prior-year funding restrictions and reporting requirements, except modifying condition (b)(1)(B)(iv) to include human rights defenders, journalists, and political or social leaders and changing the funding level in subsection (a) and making the cap applicable to funds from under the headings ESF, INCLE, NADR, IMET and FMF.

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(l)(A) of rule XIII of the Rules of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law.

Language is included in various parts of the bill to continue ongoing activities in fiscal year 2010 which require annual authorization or additional legislation, which to date has not been enacted.

The bill includes provisions which place limitations on the use of funds in the bill or change existing limitations and which might under some circumstances be construed as changing the application of existing law.

The bill includes a number of provisions, which have been virtually unchanged for many years, which are technically considered legislation.

The bill provides that several of the appropriations shall remain available for obligation beyond the current fiscal year. In all cases it is deemed desirable to carry such language in order to provide for orderly administration of such programs and effective use of funds.

In various places in the bill, the Committee recommendation continues the prior year practice of designating amounts within appropriation accounts in order to fund specific programs and has adjusted some designations.

The bill contains a number of general provisions and other language provisos that have been carried in the bill in past years which include limitations and conditions on funding provided in the Act.

Additional changes in the fiscal year 2009 bill, which may be construed as changing existing law, are as follows:

Title III

Under `Economic Support Fund', language is included that establishes funding levels for Egypt, Jordan, Cyprus, West Bank/Gaza and Colombia; authorizes funds provided for Afghanistan and Pakistan to be made available for cross-border stabilization and development programs notwithstanding any provision of law that restricts such assistance; limits $300,000,000 of the assistance for Afghanistan to be available for obligation only after certification on poppy eradication and interdiction efforts unless the President determines that such assistance is vital to the national security interest of the United States; limits funds for cash transfer assistance for the West bank and Gaza to not more than $150,000,000 and provides up to $2,000,000 to be used for administrative expenses for USAID; provides not less than $4,500,000 of the assistance for Colombia to be transferred to the `Migration and Refugee Assistance' account to aid Colombian refugees.

Under `International Narcotics Control and Law Enforcement', the Department of State is given the authority to use section 608 of the Foreign Assistance Act of 1961 to provide excess property to a foreign country; waives section 482(b) of the Foreign Assistance Act, subject to notification; provides that prior to obligation of funds the Secretary of State, in consultation with the Administrator of USAID, shall provide to the Committee 45 days after the date of enactment a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project or activity; provides a limitation on funds for aerial eradication programs in Afghanistan, unless requested by the President of Afghanistan; prohibits funds from being used for budget support or cash payments; requires a certification in order to provide assistance for the Bolivian military; and provides that funds available for Mexico for law enforcement communication equipment shall only be available if systems are interoperable.

Title IV

Under `International Military Education and Training' language, carried in prior years, is included which provides up to $4,000,000 may be available until expended; provides that civilian personnel may receive training if such participation will contribute to overall objectives of the program; provides that funding for certain countries is available only through the regular notification procedures; and establishes a cap on entertainment allowances.

Under `Foreign Military Financing Program' language is included providing the Secretary of State with authority to initiate the procurement of defense articles or services to foreign security forces subject to prior consultation; establishes funding levels for Israel, Egypt, Jordan, and Colombia; provides that a portion of funds available for Israel shall be available for the procurement in Israel of defense articles and defense services and that all funds for Israel must be disbursed within 30 days of enactment of this Act; provides that funds for Egypt shall be transferred to an interest bearing account within 30 days of enactment; provides that funds for Pakistan may only be available for activities directed against terrorist groups; establishes a limitation on funds used to fulfill programs initiated under authorities from other Acts until programs are justified to the Committees on Appropriations; provides that funding for certain countries is available only through the regular notification procedures; sets a limitation of $54,464,000 for administrative expenses; provides not more than $550,000,000 from certain other funds may be obligated for expenses incurred pursuant to section 43(b) of the Arms Export Control Act; and establishes a cap on entertainment allowances.

Title VII

Under `General Provisions':

Sec. 7045 includes language, similar to that carried in prior years, conditioning assistance for certain countries in the Western Hemisphere; includes funding level and certain requirements for the new Caribbean Basin Security Initiative; and applies terms and conditions carried in fiscal year 2009 to funds for Mexico and Central America.

Sec. 7046 includes language applying the terms and conditions carried in fiscal year 2009 to funds for Colombia.

Sec. 7047 includes language, similar to that carried in prior years, related to assistance made available for community-based policing programs.

* * * * * * *

-

SECTION 7046 OF THE DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009

(Division H of Public Law 111-8)

COLOMBIA

    SEC. 7046. (a) * * *
    (b) Assistance for the Armed Forces-
      (1) FUNDING- Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:
        (A) * * *
        (B) Up to 15 percent of such funds may be obligated only after the Secretary of State consults with, and subsequently certifies and submits a written report to, the Committees on Appropriations that--
          (i) * * *

* * * * * * *

          [Struck out->][ (iv) The Government of Colombia is respecting the rights of Colombia's indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations. ][<-Struck out]
          (iv) That the Government of Colombia is respecting the rights of human rights defenders, journalists, trade unionists, political opposition and religious leaders, and indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.
      (2) The balance of such funds may be obligated after July 31, [Struck out->][ 2009 ][<-Struck out] 2010, if, prior to such obligation, the Secretary of State consults with, and submits a written certification to, the Committees on Appropriations that the Government of Colombia is continuing to meet the requirements described in paragraph (1) and is conducting vigorous operations to strengthen civilian institutions and respect for internationally recognized human rights in areas under the influence of paramilitary organizations or successor armed groups and guerrilla organizations.
      (3) CERTAIN FUNDS EXEMPTED- The requirement to withhold funds from obligation shall not apply with respect to funds made available under the heading ` [Struck out->][ Andean Counterdrug Programs ][<-Struck out] International Narcotics Control and Law Enforcement' in this Act for continued support for the Critical Flight Safety Program or for any alternative development programs in Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State.

* * * * * * *

    (c) Consultative Process- Not later than 60 days after the date of enactment of this Act, and every 180 days thereafter until September 30, [Struck out->][ 2009 ][<-Struck out] 2010, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations regarding progress in meeting the requirements contained in subsection (b)(1).
    (d) Assistance for Reintegration of Former Combatants-
      (1) AVAILABILITY OF FUNDS- Of the funds appropriated in this Act under the heading `Economic Support Fund', up to [Struck out->][ $16,769,000 ][<-Struck out] $18,606,000 may be made available in fiscal year [Struck out->][ 2009 ][<-Struck out] 2010 for assistance for the reintegration of former members of foreign terrorist organizations (FTOs) or other illegal armed groups in Colombia, if the Secretary of State consults with and makes a certification described in paragraph (2) to the Committees on Appropriations prior to the initial obligation of amounts for such assistance for the fiscal year involved.

* * * * * * *

FUNDING PRIORITIES

This bill addresses high priority foreign policy and national security goals that I hope will be preserved as the bill continues through the legislative process. A signature accomplishment of this bill is the $1,400,000,000 included to expand the work of the Millennium Challenge Corporation, a $525,000,000 increase, which will support the prosperity and security of some of our key partners in the developing world. The bill includes full funding for the security assistance requests for strategic allies like Israel, Egypt and Jordan. Funds in the bill also continue the fight against illegal drug trafficking in this hemisphere by fully funding the pending request for Mexico and Central America and by providing $520,000,000, which is $7,000,000 above the request to continue the gains made in Colombia.