Senate Appropriations Committee report in explanation of H.R. 2764, making appropriations for the Department of State, foreign operations, and related programs, for the fiscal year ending September 30, 2008, and for other purposes

Bill Number: 
Senate Report 110-128
Bill Status: 
Bill Location: 
Date of Last Action: 
Tuesday, July 10, 2007
Relevant Text: 

36-535 PDF

Calendar No. 265

110TH CONGRESS

Report

SENATE

1st Session

110-128

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS BILL, 2008

July 10, 2007- Ordered to be printed

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

REPORT

[To accompany H.R. 2764]

The Committee on Appropriations to which was referred the bill (H.R. 2764), making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes, reports the same to the Senate with an amendment, and recommends that the bill as amended do pass.

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

Appropriations, 2007 $445,275,000

Emergency supplemental (Public Law 110-28) 20,000,000

Budget estimate, 2008 486,400,000

House allowance 501,400,000

Committee recommendation 509,482,000

The Committee recommends $509,482,000 for Educational and Cultural Exchange Programs.

The following exchange programs shall be eligible for consideration:

Dillard University- A proposal for educational exchange and critical language training in East Asia and the Pacific, the Middle East, and Latin America.

Saint Michael's College- A proposal to train young leaders from Latin America, particularly low income and indigenous populations.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

SALARIES AND EXPENSES

Appropriations, 2007 $27,643,000

Budget estimate, 2008 30,430,000

House allowance 30,430,000

Committee recommendation 30,430,000

The Committee recommends $30,430,000 for the International Boundary and Water Commission, United States and Mexico.

CONSTRUCTION

Appropriations, 2007 $5,232,000

Budget estimate, 2008 71,725,000

House allowance 15,725,000

Committee recommendation 88,425,000

The Committee recommends $88,425,000 for construction. None of the funds provided under this heading may be obligated until the Department of State has submitted, and the Committee has approved, a spending plan in accordance with section 615 of this act.

The Committee recommendation includes up to $66,000,000 for construction in the United States of secondary wastewater treatment capability, only after the IBWC determines that negotiations to implement section 804 of Public Law 106-457, as amended, are completed.

The Committee is concerned with the continued delays in building treatment facilities to process sewage on the Tijuana River. Because the proposed treatment facility in Tijuana has been unable to meet established deadlines, the President requested and the Committee provides $66,000,000 for an alternative project in San Diego. Construction of a facility capable of secondary treatment of at least 25 million gallons a day is necessary to ensure the IBWC meets a Federal court-issued timeframe for compliance with the Clean Water Act by September 30, 2008. The Committee directs GAO to conduct a review of both the proposed Bajagua Project and upgrades to the South Bay International Wastewater Treatment Plant, evaluating each project's feasibility, efficiency and effectiveness and identifying the reasons for on-going delays associated with these projects.

The Committee directs that $11,700,000 may be made available for the Rio Grande Canalization project in Dona Ana County, New Mexico for sediment removal and construction and $10,000,000 may be made available for levee rehabilitation and sediment removal associated with the Rio Grande Flood Control System Rehabilitation project in Texas.

The Committee requests the Secretary to evaluate and report to the Committee on the feasibility of and action required, including legislation, for the U.S. Army Corps of Engineers to carry out the construction program of the IBWC.

OTHER

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2007 $636,387,000

Emergency supplemental (Public Law 110-28) 10,000,000

Budget estimate, 2008 657,477,000

House allowance 671,632,000

Committee recommendation 662,727,000

The Committee recommends $662,727,000 for IBO.

This account funds the operating and engineering costs of VOA, RFE/RL, RFA, MBN and the Broadcasting Board of Governors.

Funds are allocated in the following table:

[Budget authority in thousands of dollars]

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Program Fiscal year 2007 enacted Fiscal year 2008 request Committee recommendation Change from request

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International Broadcasting Bureau [IBB]:

Voice of America 171,642 178,346 187,136 +8,790

Broadcasting to Cuba 33,681 38,700 33,681 -5,019

Engineering and Technical Services 149,969 136,090 140,313 +4,223

Agency Direction 28,851 27,333 27,333

Management 46,876 48,974 48,974

Program Support 19,022 19,668 19,668

Subtotal, IBB 450,041 449,111 457,105 +7,994

Independent Grantee Organizations:

Radio Free Europe/Radio Liberty (RFE/RL) 75,051 75,145 80,045 +4,900

Radio Free Asia (RFA) 31,584 31,457 34,957 +3,500

Middle East Broadcasting Networks 82,950 101,764 90,620 -11,144

Subtotal, Grantees 189,585 208,366 205,622 -2,744

Total, International Broadcasting Opera- tions 639,626 657,477 662,727 +5,250

TITLE III

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

DEVELOPMENT ASSISTANCE

Appropriations, 2007 $1,508,760,000

Budget estimate, 2008 1,041,248,000

House allowance 1,733,760,000

Committee recommendation 1,455,000,000

The Development Assistance account consists of a wide range of poverty-reduction and long-term development activities including free market development, agriculture and rural development, urban, environment, and energy, basic education, and micro-credit programs.

PROGRAM ISSUES

AGRICULTURE DEVELOPMENT PROGRAMS

Cacao.--The Committee supports the promotion of sustainable cacao production in Ecuador, Colombia, Peru and Bolivia. The Committee recognizes the work of the Andean Countries Cocoa Export Support Opportunity, a partnership between private industry, governments and international organizations to encourage the sustainable development in cacao-producing areas as an alternative to coca cultivation.

Coffee- The Committee is aware that coffee is grown in more than half of the municipalities of Colombia and that coffee growing involves over half a million Colombian farmers and their families, mostly small enterprises, in areas that are still socially and economically vulnerable. The Committee recommends USAID work with the National Federation of Coffee Growers of Colombia to provide assistance to these communities to increase the productivity and marketability of their product.

Water.—

The Committee recognizes the work of the International Rural Water Association in providing training and technical assistance to improve the quality of water and health in Central America and the Caribbean.

EDUCATION

Latin America- The Committee is aware of the work of Alfalit International in providing literacy and basic education programs in Bolivia and the Dominican Republic.

HIGHER EDUCATION, TRAINING, AND WORKFORCE DEVELOPMENT

Entrepreneurship.--The Committee recommends USAID consider funding a proposal of the Center of Entrepreneurship for a distance learning program in the Balkans. The Committee also recommends USAID consider funding a proposal from CHOICE Humanitarian to improve the quality of life in Africa and Latin America through microenterprize and leadership training.

Scholarships- The Committee recommends continued funding for the CASS program to provide scholarships at U.S. colleges for students with high financial need from Latin America and elsewhere.

UNIVERSITY PROGRAMS

With the foregoing in mind, the Committee recommends the following proposals for USAID and the Department of State's consideration:

EARTH University Foundation- A proposal to train leaders in small business in Latin America, Africa and Asia.

Iowa State University- A proposal to establish a program to reduce poverty in Mexico.

New Mexico State University- A proposal to facilitate on-line communication between American and Mexican students, as well as Israeli and Palestinian students, concerning issues of mutual interest.

University of Notre Dame- A proposal to continue work to eliminate lymphatic filariasis in Haiti.

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2007 $2,455,010,000

Emergency supplemental (Public Law 110-28) 2,624,300,000

Budget estimate, 2008 3,319,567,000

House allowance 2,668,206,000

Committee recommendation 3,015,000,000

The Committee recommends $3,015,000,000 for the ESF account.

Funds are allocated in the following table:

ECONOMIC SUPPORT FUND

[Budget authority in thousands of dollars]

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

Country/Program Fiscal year 2008 request Committee recommendation Change from request

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Country:

Burma 2,790 11,000 +8,210

Cambodia 12,170 15,000 +2,830

Cuba 45,700 15,000 -30,700

Dominican Republic 10,000 15,000 +5,000

Egypt 415,000 415,000

Guatemala 10,000 12,000 +2,000

Haiti 63,394 73,394 +10,000

Indonesia 60,000 65,000 +5,000

Iran 75,000 25,000 -50,000

Jordan 263,547 363,547 +100,000

Lebanon 42,100 45,000 +2,900

Libya 500 300 -200

Nepal 10,000 +10,000

Philippines 25,996 30,000 +4,004

Tibet 5,000 +5,000

Timor-Leste 8,640 16,000 +7,360

Vietnam 5,700 10,700 +5,000

West Bank/Gaza 63,500 75,000 +11,500

Program:

Afghan Civilian Assistance 10,000 +10,000

Disability Programs 4,000 +4,000

East Asia and Pacific Environment 490 2,500 +2,010

Extractive Industries Transparency 3,000 +3,000

Israeli-Palestinian Fund 7,000 +8,000

Kimberley Process 3,000 +3,000

Marla Ruzicka Fund 5,000 +5,000

Middle East Partnership Initiative 75,000 55,000 -20,000

Iraqi Scholar Rescue [5,000] +5,000

Middle East Regional Cooperation 3,800 5,000 +1,200

Reconciliation Programs 20,000 +20,000

Special Court Sierra Leone 12,000 +12,000

Trafficking in Persons 6,700 10,000 +3,300

Wheelchairs 5,000 +5,000

Unallocated ESF 2,129,540 1,671,559 -457,981

Total, ESF 3,319,567 3,015,000 -304,567

Dominican Republic- The Committee recognizes the long and close relationship between the United States and the Dominican Republic, and provides $5,000,000 above the budget request for GHP and DA assistance. The Committee is concerned with racially motivated discrimination and violence in the Dominican Republic and urges the Dominican Government to affirm and protect the fundamental rights of all people within its borders. A related concern is that some children born in the Dominican Republic are being denied the right to nationality guaranteed under Dominican law, thereby rendering them defacto stateless. The Committee also urges the Dominican Government to take effective measures to prevent labor rights abuses of Haitian migrant workers.

Haiti- The Committee recommends $73,394,000 for Haiti, an increase of $10,000,000 above the budget request. The Committee remains concerned with the problem of pretrial detention in Haiti, as well as the myriad of other challenges Haiti faces as it struggles to rebuild after years of political violence and upheaval. Today, thousands of Haitians languish in the National Penitentiary and police lock-ups, often for months or years, without having been charged with any crime. This is a potentially explosive situation that is also inhumane. For over a decade, the Committee has repeatedly urged USAID to address this problem through its judicial reform programs, but the situation remains as bad as ever. The Committee provides $5,000,000 specifically to address the problem of pre-trial detention and to reform Haiti's dysfunctional judicial case management system. The Committee also provides $5,000,000 to support USAID watershed reforestation program in Haiti, to stabilize Haiti's fragile hillsides and support sustainable agriculture.

Regional Strategies- The Committee is concerned that the administration has not articulated coherent strategies for pursuing U.S. interests in East Asia, the Middle East, or Central America, and directs the Secretary of State to submit a report not later than 120 days after enactment of this act detailing United States interests and objectives in these regions, on a country-by-country and regional basis, and a 5-year funding strategy proposed to advance those interests and achieve those objectives.

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

Appropriations, 2007 $19,305,000

Budget estimate, 2008 19,000,000

House allowance 19,000,000

Committee recommendation 22,000,000

The Committee recommends $22,000,000 for the Inter-American Foundation.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

Appropriations, 2007 $472,616,000

Emergency supplemental (Public Law 110-28) 252,000,000

Rescission -13,000,000

Budget estimate, 2008 634,600,000

House allowance 568,475,000

Committee recommendation 558,449,000

The Committee recommends $558,449,000 for INCLE.

ILEAs- The Committee recommends an increase of $2,500,000 to the budget request from within funds provided under this account, to be allocated equally among the four ILEAs, with an equal share reserved for a new Latin America ILEA if it is established during fiscal year 2008.

El Salvador- The Committee is concerned with the rise of violent crime in El Salvador where police are poorly trained and underpaid, perpetrators are rarely arrested, witnesses are afraid to testify, and impunity is the norm. An example is the unsolved murder of Gilberto Soto, a native of El Salvador, an American citizen, and an official with the International Brotherhood of Teamsters. The initial police investigation and prosecution was badly flawed, and the Committee urges the Salvadoran Government to conduct a new, credible investigation and to bring to justice those responsible.

Guatemala- The Committee is concerned with the rise in organized crime and gang violence, as well as the murders of young women, in Guatemala. Corruption and a dysfunctional justice system have prevented an effective response to these serious problems. In a particularly disturbing case, on February 19, 2007, three Salvadoran lawmakers and their driver were brutally murdered. Soon thereafter, four Guatemalan police officers who had been imprisoned in connection with the crime were also murdered. Although several Guatemalan law enforcement officials resigned in the wake of these killings, there has been little progress in solving the case. The Committee believes that establishing the rule of law in Guatemala is imperative for the future economic, social and political development of the country, and that this will not be possible until the perpetrators of these heinous acts are brought to justice.

ANDEAN PROGRAMS

Appropriations, 2007 $721,500,000

Budget estimate, 2008 442,812,000

House allowance 312,460,000

Committee recommendation 415,050,000

The Committee recommends $415,050,000 for Andean Programs, a decrease of $27,762,000 below the budget request for programs and activities requested under the `Andean Counterdrug Initiative'. Funds are allocated in the following table:

ANDEAN PROGRAMS

[Budget authority in thousands of dollars]

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

Country Fiscal year 2008 request Committee recommendation Change from request

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

Bolivia 30,000 30,000

Brazil 1,000 1,000

Colombia 366,968 337,206 -29,762

Ecuador 7,000 8,000 +1,000

Panama 1,000 1,000

Peru 36,844 37,844 +1,000

Total, Andean Programs 442,812 415,050 -27,762

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The Committee requires that all reprogramming of funds under this heading shall be subject to the same review and approval procedures by the Department of State as apply to the reprogramming of ESF funds.

Funds for Colombia are allocated in the following table:

COLOMBIA

[Budget authority in thousands of dollars]

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Program ESF AP NADR IMET FMF Fiscal year 2008 request Committee recommendation Change from request

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PEACE AND SECURITY

Counterterrorism: Governments' Capabilities 3,315 3,315 3,315

Subtotal, Counterterrorism 3,315 3,315 3,315

Stabilization Operations and Security Sector Reform:

Disarmament, Demobilization and Reintegration (DDR) 10,442 1,000 11,442 11,442

Destruction and Security of Conventional Weapons 427 427 427

Defense, Military, and Border Restructuring, Reform and Operations 1,500 78,000 79,500 59,500 -20,000

(Manual Eradication Protection, by transfer from AP) [10,000] +10,000

Law Enforcement Restructuring, Reform and Operations 20,000 20,000 15,000 -5,000

Program Support (Stabilization) 650 424 1,074 1,074

Subtotal, Stabilization Operations and Security Sector Reform 11,092 21,424 427 1,500 78,000 112,443 87,443 -25,000

Counternarcotics:

Eradication 189,651 189,651 139,000 -50,651

(Transfer to FMF) -10,000 -10,000

Alternative Development and Alternative Livelihoods 67,566 67,566 97,566 +30,000

Interdiction 142,023 142,023 142,023

Drug Demand Reduction 214 214 214

Program Support (Narcotics) 3,136 7,027 10,163 5,163 -5,000

Subtotal, Counternarcotics 70,702 338,915 409,617 373,966 -35,651

Transitional Crime:

Financial Crimes and Money Laundering 861 861 861

Program Support (Crime) 18 18 18

Subtotal, Transitional Crime 879 879 879

Total, Peace and Security 81,794 361,218 3,742 1,500 78,000 526,254 465,603 -60,651

GOVERNING JUSTLY and DEMOCRATICALLY

Rule of Law and Human Rights:

Constitutions, Laws and Legal Systems 250 250 250

Justice System 5,740 5,371 11,111 42,000 +30,889

Human Rights 8,000 8,000 8,000

Program Support (Rule of Law) 1,116 129 1,245 1,245

Subtotal, Rule of Law and Human Rights 14,856 5,750 20,606 51,495 +30,889

Good Governance:

Local Government and Decentralization 2,479 2,479 2,479

Program Support (Governance) 421 421 421

Subtotal, Good Governance 2,900 2,900 2,900

Political Competition and Consensus-Building:

Political Parties 687 687 687

Program Support (Political Competition) 63 63 63

Subtotal, Political Competition and Consensus-Building 750 750 750

Total, Governing Justly and Democratically 18,506 5,750 24,256 55,145 +30,889

INVESTING IN PEOPLE

Social and Economic Services and Protection for Vulnerable Populations: Assistance 35,000 35,000 40,000 +5,000

Subtotal, Social and Economic Services and Protection for Vulnerable Populations 35,000 35,000 40,000 +5,000

Total, Investing in People 35,000 35,000 40,000 +5,000

ECONOMIC GROWTH

Trade and Investment:

Trade and Investment Capacity 4,000 4,000

Program Support (Trade) 200

Subtotal, Trade and Investment 4,200 4,000 -4,000

Total, Economic Growth 4,200 4,000 -4,000

Total, Colombia 139,500 366,968 3,742 1,500 78,000 589,510 560,748 -28,762

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Colombia- The Committee affirms its strong support for Colombia and provides a total of $560,748,000, which is $28,762,000 below the budget request and $4,677,000 above the fiscal year 2007 level. Within this amount, the Committee has increased the percentage of the total that is available for alternative development and justice programs and directs that at least $15,000,000 of these funds be used for programs which specifically benefit Afro-Colombian communities. The Committee also designates a portion of the assistance for the Colombian military to provide security for manual eradication programs, which the Committee believes is more likely to reduce coca cultivation over the long term than aerial eradication.

The Committee notes that after spending in excess of $5,000,000,000 in support of Plan Colombia since 2000, some areas of the country are safer and Colombia's economic indicators are, for the most part, positive. However, reports of unlawful killings by the army have increased in the past 2 years, and impunity for such crimes remains the norm. After predictions 6 years ago that Plan Colombia would cut by half the amount of coca production by 2005, the availability and price of cocaine on America's streets remain unchanged. There is no indication that the ability of Colombian drug traffickers to meet the demand for cocaine in the United States and elsewhere has been appreciably diminished. Coca is now grown in small, hard to eradicate plots in every department of the country, as coca growers continue to adapt to aerial eradication and destroy more forest as they replant.

The Committee is convinced that the majority of coca growers would voluntarily shift to licit crops in order to avoid the dangers and difficulties of growing coca, if provided viable alternatives. Specialty varieties of coffee and cacao offer such alternatives, but require considerable training and support. To date, far too few resources have been devoted to such programs.

The Committee has also been disappointed with the paltry support for justice programs in a country where impunity poses a serious impediment to peace, security, and economic and political development. The Committee has included additional funds to support the Office of the Colombian Attorney General and other justice programs, including the Human Rights Unit, the Justice and Peace Unit, the Procuraduria General de la Nacion, and the Defensoria del Pueblo. A portion of the funds made available for the Human Rights Unit should be used to support investigations of killings of trade unionists. The Committee is concerned with the plethora of units within the Office of Attorney General with overlapping authority to investigate violations of human rights, and urges close cooperation and coordination to ensure that cases are properly and thoroughly investigated. Funds provided to support the Defensor del Pueblo should be used, in part, to advise and assist victims in connection with the paramilitary demobilization process. The Committee provides $9,000,000 to enable the Attorney General to expeditiously develop a credible witness protection program so victims of paramilitaries and other armed groups can safely provide testimony. The Committee provides $3,000,000 to immediately improve the quality of forensic investigations of mass graves, some of which have been conducted without the capacity to properly identify or safeguard remains, or to determine the cause of death.

The Committee provides $40,000,000, which is $5,000,000 above the budget request, for assistance for Colombia's large population of internally displaced persons.

TITLE IV.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

Appropriations, 2007 $4,815,800,000

Emergency supplemental (Public Law 110-28) 265,000,000

Budget estimate, 2008 4,536,000,000

House allowance 4,509,236,000

Committee recommendation 4,579,000,000

The Committee provides $4,579,000,000 for the FMF account.

Funds are allocated in the following table:

FOREIGN MILITARY FINANCING PROGRAM

[Budget authority in thousands of dollars]

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

Country Fiscal year 2008 request Committee recommendation Change from request

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

Colombia 78,000 58,000 -20,000

Egypt 1,300,000 1,300,000

Fiji 110 -110

Georgia 10,000 10,000

Guatemala 500 +500

Indonesia 15,700 15,700

Israel 2,400,000 2,400,000

Jordan 200,000 300,000 +100,000

Lebanon 9,600 9,600

Pakistan 300,000 300,000

Philippines 11,100 30,000 +18,900

Sudan 100 -100

Thailand 500 -500

Tunisia 2,064 8,413 +6,349

Subtotal, Allocated FMF 4,327,174 4,432,213 -105

Transfer from AP for Colombia [10,000] +10,000

Unallocated FMF 208,826 136,787 -72,039

Total, Foreign Military Financing Program 4,536,000 4,579,000 +43,000

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Monitoring of Assistance- The Committee is concerned that the Department of State's capacity and procedures for monitoring the use of U.S. military equipment provided to foreign security forces is uneven and inadequate. While some effort is made to track this assistance, U.S. embassies do not have the personnel to do the job effectively. The Committee notes that the negative consequences of U.S. equipment ending up in the wrong hands are potentially so serious that more resources are needed for monitoring its use, and has therefore included a provision to address this need.

TITLE V

MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND

Appropriations, 2007 $1,725,000

Budget estimate, 2008 29,232,000

House allowance 25,000,000

Committee recommendation 25,000,000

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

Inter-American Human Rights Commission- The committee supports the Inter-American Human Rights Commission which adjudicates cases of alleged violations of human rights in OAS member states. However, the Committee is concerned that some cases brought before the Commission have languished for years, and that justice delayed is justice denied. The Committee provides $3,500,000 for a contribution to the OAS Fund for Strengthening Democracy, which is $1,000,000 above the budget request, and $500,000 of this amount is subject to the regular notification procedures of the Committees on Appropriations.