Missing State and Defense Department reports from 2008
Every year, the State Department and the Defense Department are required by Congress to submit various reports on issues of relevance to specific committees in both the House of Representatives and the Senate. Many of these reports are published as unclassified and available to the public via the Freedom of Information Act. Just the Facts' staff have spent over a year trying to collect all of the reports due in 2008. When we acquire a specific report, we upload the document to this website, or point you to the appropriate site on the Internet where it can be found. However, our search for some required reports has led us to many dead ends, and despite the submission of multiple FOIAs and calls to relevant offices in the DOS and DOD, it is still unclear whether some of the reports were ever written, let alone submitted to the appropriate committees. In addition to the missing 2008 reports listed below, two reports due in 2009 are already considered to be extremely late: the Foreign Military Training Report, due on March 1, 2009, and the International Narcotics Control and Law Enforcement Program and Budget Guide for FY 2010, to be submitted to Congress for use in writing the FY 2010 Foreign Operations Appropriations Bill. Below is the list of reports due in 2008 that we are still missing, accompanied by any information regarding the dates we submitted FOIAs on each report and any additional measures we have taken. Report: Defense Contractors in Colombia Description: By April 1 of each year, the Secretary of State must submit to the appropriate congressional committees a report with the identities and duties of contractors hired to carry out military and police-related duties in Colombia, including providing aid. The report's requirements are detailed in section 694(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228). FOIAs Submitted: June 17, 2008 (for FY 2007 report); July 27, 2009 (for FY 2007 and 2008 reports) Report Due: FY 2007 report: April 1, 2008; FY 2008 report: April 1, 2009 Other Contact: On June 16, 2009 we contacted the State Department's Colombia Desk, which resulted in a response verifying that the FY 2008 report was submitted to the Senate and House Foreign Relations Committees and the Appropriations Committees on May 4, 2008, but that the State Department could not share it with us, as it is up to Congress to release the report to the public. A call to the Senate Foreign Relations Committee resulted in a contradictory response that the reports are "originator controlled," meaning the State Department must release the report to the public. Report: Counternarcotics Assistance for the Government of Haiti Description: Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on counternarcotics assistance for the Government of Haiti. This report is required by Section 1023 of the FY 2008 National Defense Authorization Act (P.L. 110-181), which became law on January 28, 2008. Report Due: May 28, 2009 FOIAs Submitted: October 15, 2008; August 3, 2009 Other Contact: Emailed the State Department's Bureau of International Narcotics and Law Enforcement Affairs. Report: Colombia Aid Strategy Description: The Secretary of State must submit a report to the Committees on Appropriations on the future, multiyear strategy of the United States assistance program to Colombia. The strategy should include all aspects of current and future United States assistance. This report is required by House Report 110-197: "House 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," a non-binding report by a House committee, June 18, 2007. Report Due: February 26, 2008 FOIA Submitted: June 23, 2008 Other Contact: Called the USAID desk officer, who said there was a hiccup in the budget and the report was not completed yet. Report: International Military Education and Training at the Western Hemisphere Institute for Security Cooperation Description: The Department of State must submit a report to the Appropriations Committees on how the Western Hemisphere Institute for Security Cooperation (a.k.a. School of the Americas) IMET program for fiscal year 2008 contributes to the promotion of human rights, respect for civilian authority and the rule of law, establishment of legitimate judicial mechanisms for the military, and the goal of right sizing military forces. This report is required by the Conference Committee Report on H.R. 2764 / Public Law 110-161: Division J - Department of State, foreign operations, and related programs appropriations," a non-binding report by a House-Senate Conference Committee, December 17, 2007. Report Due: February 26, 2008 FOIA Submitted: June 30, 2008 Other Contact: Contacted the Bureau of Democracy, Human Rights and Labor and the Bureau of Political-Military Affairs at the State Department in July 2009. Report: Interagency Interdiction Efforts Description: the Bureau of International Narcotics and Law Enforcement Affairs at the Department of State must report to the Committees on Appropriations on the use of aerial assets to include fixed and rotary wing aircraft in coordination with and in support of Drug Enforcement Administration (DEA) counternarcotics operations in Colombia and Afghanistan. This report is required by House Report 110-197: "House 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," a non-binding report by a House committee, June 18, 2007. Report Due: February 11, 2008 FOIA Submitted: August 4, 2008 Other Contact: Called the International Narcotics Control and Law Enforcement Bureau at State - they were unaware of such reporting requirement. Report: Anti-Gang Activities in Central America Description: The Department of State and USAID are recommended to report to the House Appropriations Committee on the steps taken by their agencies that will reduce criminal gang activity in Central America and have an immediate impact of the daily lives of those citizens, especially the poor, who are the most frequent victims of violent crime. This report is recommended by House Report 110-197: "House 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," a non-binding report by a House committee, June 18, 2007. Report Due: March 25, 2008 FOIA Submitted: September 2, 2008 Other Contact: Called USAID, transferred to Merida Program division of USAID. Three voice mails left in July 2009, no response. Report: Police Aid for Gender-Based Violence Description: The Secretary of State must report to the Committees on Appropriations 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. This report is required by House Report 110-197 Report Due: March 1, 2008 FOIA Submitted: September 15, 2008 Other Contact: Called the Office of Civilian Police and Rule of Law at the Department of State. We were told the report exists, but it has not been uploaded to the website yet. Report: U.S. Presence in Colombia Description: Beginning within 90 days of the date of the enactment of this Act, and every 60 days thereafter, the President shall submit a report to Congress that shall include the aggregate number, locations, activities, and lengths of assignment for all temporary and permanent United States military personnel and United States individual civilians retained as contractors involved in the antinarcotics campaign in Colombia. This report is required by Section 3204(f), Title III, Chapter 2 of the Military Construction Appropriations Act, FY 2001. Report Due: Every 60 days FOIA Submitted: August 25, 2008 Other Contact: Contacted staff at the Senate Foreign Relations Committee; State's Bureau of International Narcotics and Law Enforcement Affairs; and DOD political military affairs. Report: Semi-Annual Andean Counterdrug Initiative Report Description: The Committee requests that USAID submit to the Committees on Appropriations a semi-annual report with respect to the Andean Counterdrug Initiative, including those funds for Colombia in ESF and INCLE. Each report shall include an accounting of all aircraft, vehicles, boats and lethal equipment (other than ammunition) transferred to the militaries or police of any nation with funds made available under this heading. This report is required by House Report 110-197 "House 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," a non-binding report by a House committee, June 18, 2007. Report Due: Semi-annual report. FOIA Submitted: September 22, 2008 We have been told the following reports were submitted as "classified" documents. While we don't expect to receive the entire report, we still have not received any sort of response from the State Department FOIA office beyond the generic "confirmation letter." Report: Para-politics in Colombia Description: The Secretary of State must report to the Committees on Appropriations on the veracity of allegations that the Uribe government may be implicated in links between militias and top military, police and ministry officials. Understanding the contents of such a report may include sensitive or classified information, the Department of State may submit the report to the Committee in the form of a classified report. This report is required by House Report 110-197: "House 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," a non-binding report by a House committee, June 18, 2007. Report Due: February 11, 2008 FOIA Submitted: July 7, 2008 Other Contact: The Colombia desk officer at the State Department told us this report had been submitted as "classified." Report: Combatant Commanders' Initiative Fund Description: The committee directs the Secretary of Defense to submit a report to the Senate Committee on Armed Services and the House Committee on Armed Services on the guidance and procedures in place at the Department of Defense to implement that Combatant Commanders Initiative Fund authority. In addition to describing the bureaucratic processes, this report shall also identify the activities conducted under this authority during fiscal years 2006 and 2007, the political-military and military objectives of those activities, and any related future activities that may build upon those activities. This report is required by House Report 110-146. Report Due: February 1, 2008 FOIA Submitted: July 8, 2008 Other Contact: Called DOD Congressional Reporting Requirements office. We were told this report has been completed and was submitted as "classified."