Making Supplemental Appropriations for the Fiscal Year Ending September 30, 2009, and for other Purposes

Bill Number: 
H. Rept. 111-105
Bill Status: 
Bill Location: 
Date of Last Action: 
Thursday, May 14, 2009
Relevant Text: 

111TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

1st Session

111-105

--MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND FOR OTHER PURPOSES

May 12, 2009- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

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

R E P O R T

together with

ADDITIONAL VIEWS

[To accompany H.R. 2346]

The Committee on Appropriations submits the following report in explanation of the accompanying bill making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes.

CHAPTER 10--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Committee recommendation includes $483,500,000 for International Narcotics Control and Law Enforcement activities, which is $94,000,000 above the request.

Mexico- The Committee recommendation provides $160,000,000 for Mexico, which is $94,000,000 above the request. The Committee supports the aggressive action that the Government of Mexico has taken and strongly supports Mexico in its war against organized crime and drug-trafficking along our shared border. The Committee is concerned about reports of firearms flowing across the border which contributes to the increased level of violence and strongly supports a coordinated security strategy to address the mutual concerns between the United States and Mexico.

In order to facilitate and sustain the difficult task undertaken by the Mexican government, the Committee is accelerating the provision of Merida program funding. In addition to the $66,000,000 requested for the purchase of three UH-60 `Black Hawk' transport helicopters for the Secretariat of Public Security (SSP), the Committee is providing an additional $94,000,000 in INCLE funding and $310,000,000 in FMF funding. The additional INCLE funding for Mexico is intended for such items as forensics and nonintrusive inspection equipment, computers, training and fixed and rotary wing aircraft. The Committee notes that the provision of such additional equipment in an expedited fashion will greatly assist the Mexican government by enhancing the ability of the federal police force to conduct law enforcement, counternarcotics, and counterterrorism operations throughout Mexico, particularly where drug trafficking organizations are challenging the Mexican authorities for control of major cities, including those on the United States-Mexico border. Additionally, the Committee has provided legislative language to ensure the expeditious delivery of this equipment to Mexico and directs the Department of State to use all means necessary to ensure the prompt delivery of equipment.

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 expects that none of these funds will be used to repress the political opposition. The Committee urges the continuation of justice sector and institutional reforms to ensure greater respect for human rights and rule of law. The Committee directs that not more than $8,000,000 is available for program development and support activities. The Committee directs that pursuant to section 21003 of this Act, the Department of State shall provide a spending plan not later than 45 days after enactment of this Act.

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The Committee recommendation includes $1,349,000,000 for Foreign Military Financing Program (FMF), which is $1,250,600,000 above the request. The Committee directs that pursuant to section 21003 of this Act the Department of State shall provide a spending plan not later than 45 days after enactment of this Act.

Mexico- The Committee recommendation includes $310,000,000 for Mexico, which is $310,000,000 above the request. The Committee strongly supports Mexico in its war against organized crime and drug-trafficking and supports a coordinated security strategy to address mutual concerns. Within the amount provided, funds are available to expand aviation support for Mexico. In support of a continued cooperative partnership with Mexico, the Committee recommendation provides funding for the final three surveillance planes (CASA 235) and for medium lift maritime transport helicopters (HH-60). The Committee notes that the provision of such additional equipment in an expedited fashion will greatly assist the Mexican government by enhancing the air transport ability and maritime aerial surveillance of the Mexican Navy (SEMAR) to conduct counternarcotics, and counterterrorism operations. The Committee has provided legislative language to ensure the expeditious delivery of this equipment to Mexico and directs the Departments of State and Defense to use all means necessary to ensure the prompt delivery of equipment provided for in this Act and any equipment, technical assistance, and training provided in prior Acts.

TITLE III--GENERAL PROVISIONS, THIS ACT

TITLE I

Language is included under `Operation and Maintenance, Defense-Wide' which makes available not to exceed $10,000,000 that may be used for the Combatant Commanders Initiative Fund; provides $810,000,000, to remain available until expended, for payments to certain governments for logistical and other military support to United States military operations; provides that such payments shall be based on certain documentation; and requires notification of the congressional defense committees; provides $10,000,000 for emergencies and extraordinary expenses provided that the Secretary certifies that such payments are necessary for confidential military purposes; and provides $350,000,000 for counter narcotics and other activities including assistance to other Federal agencies on the United States' border with Mexico, including authority to transfer up to $100,000,000 to other Federal appropriations accounts.

TITLE II

Language is included under `International Narcotics Control and Law Enforcement' providing notwithstanding authority from certain reporting requirements; reducing the regular notification requirement to 5 days and requiring prior consultation before obligating funding in the chapter for Mexico;

Language is included under `Foreign Military Financing Program' providing notwithstanding authority from certain reporting and notification requirements for assistance in the chapter for Mexico

ADDITIONAL VIEWS BY MESSRS. LEWIS, YOUNG, ROGERS, WOLF, KINGSTON, FRELINGHUYSEN, TIAHRT, WAMP, LATHAM, ADERHOLT, EMERSON, GRANGER, SIMPSON, CULBERSON, KIRK, CRENSHAW, REHBERG, CARTER, ALEXANDER, CALVERT, BONNER, LATOURETTE, AND COLE

FUNDS TO COMBAT DRUG SMUGGLING AND BORDER VIOLENCE

We are baffled that the supplemental includes $470 million to help Mexican authorities counter the growing influence and violence of their drug cartels, but provides nothing to our Federal, State and local law enforcement and border security agencies to address this threatening issue on U.S. soil. We were disappointed that the Rogers amendment was defeated on a party line vote. That amendment would have provided $200 million in critical resources to U.S. law enforcement agencies to address the Mexican drug war spilling over to our side of the border. The amendment was carefully offset with a mere 6.6% reduction in unrequested foreign assistance and would have left in place over $2.8 billion in `emergency' foreign aid.

We believe that the ongoing bloodshed in Mexico and the very real threat of spillover violence to U.S. cities is one of the most pressing homeland security matters facing our Nation. Estimates are that over 7,000 people have been murdered in Mexico as a result of the ongoing drug war between cartels and Mexican authorities since January 2008. Spillover violence connected to drug activity has been documented in Georgia, Alabama, and Arizona. This is not to mention that ninety percent of the cocaine coming into the U.S., which causes incalculable damage to our country and our families, enters the United States via Mexico. Unfortunately this pending supplemental bill provides no resources to address this emerging threat, with the exception of a National Guard contingency fund, the uses of which are unclear, and an unrelated immigrant resettlement program that hardly constitutes counterdrug efforts. The Rogers amendment would have met identified operational needs for our law enforcement and border agencies, including the DEA, the U.S. Marshals Service, and U.S. Attorneys' offices, and advanced interdiction and investigation efforts at the Department of Homeland Security by the Border Patrol, U.S. Coast Guard, and Immigration and Customs Enforcement's border enforcement and interdiction units. The amendment also included critical funding for local law enforcement activities, including Operation Stonegarden. We are disappointed that the Majority rejected this amendment on a party line vote of 22-35.