Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009

S 3288 PCS

Calendar No. 889

110th CONGRESS

2d Session

S. 3288

[Report No. 110-425]

Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2009, and for other purposes.

Rule

IN THE SENATE OF THE UNITED STATES

July 18 (legislative day, JULY 17), 2008

Mr. LEAHY, from the Committee on Appropriations, reported under authority of the order of the Senate of January 4, 2007 the following original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2009, and for other purposes.

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

International Commissions

For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:

international boundary and water commission, united states and mexico

For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, $32,256,000.

CONSTRUCTION

For detailed plan preparation and construction of authorized projects, $52,250,000, to remain available until expended, as authorized.

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of Governors, as authorized, to carry out international communication activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception and purchase, lease, and installation of necessary equipment for radio and television transmission and reception to Cuba, and to make and supervise grants for radio and television broadcasting to the Middle East, $682,064,000: Provided, That of the total amount in this heading, not to exceed $16,000 may be used for official receptions within the United States as authorized, not to exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in addition, notwithstanding any other provision of law, not to exceed $2,000,000 in receipts from advertising and revenue from business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes: Provided further, That of the funds appropriated under this heading, not less than $8,000,000 shall be made available for broadcasts into North Korea.

TITLE II

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

TITLE III

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2009, unless otherwise specified herein, as follows:

ANDEAN COUNTERDRUG PROGRAMS

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $315,000,000, to remain available until September 30, 2011: Provided, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Committees on Appropriations not later than 45 days after the date of the 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 under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not more than $16,000,000 may be available for administrative expenses of the Department of State, and not more than $8,000,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development.

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $25,000,000, to remain available until September 30, 2010.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

Funds Appropriated to the President

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $91,500,000, of which up to $3,000,000 may remain available until expended and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further, That funds made available under this heading for assistance for Haiti, Guatemala, the Democratic Republic of the Congo, Sri Lanka, Nepal, Ethiopia, Bangladesh, Libya, and Angola may only be provided through the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description of proposed activities.

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,479,000,000: Provided, That funds appropriated or otherwise made available by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a): Provided further, That $2,000,000 of the funds appropriated under this heading shall be transferred to and merged with funds appropriated under the heading `Diplomatic and Consular Programs' in this Act to be made available to the Bureau of Democracy, Human Rights and Labor, Department of State, to ensure adequate monitoring of the uses of assistance made available under this heading, in addition to amounts otherwise available for such purposes, subject to prior consultation with the Committees on Appropriations.

None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds, including that such defense articles or services will be used only in accordance with international law: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 714 of this Act: Provided further, That none of the funds appropriated under this heading may be made available for assistance for Haiti, Guatemala, Nepal, Sri Lanka, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Democratic Republic of the Congo except pursuant to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the `Foreign Military Sales Financing Program' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $51,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That not more than $470,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2009 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations.

TITLE V

MULTILATERAL ASSISTANCE

Funds Appropriated to the President

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the fund, $25,000,000, to remain available until expended.

TITLE VII

GENERAL PROVISIONS

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 706. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, North Korea, Iran, or Syria, unless the President determines that assistance to such countries is important to the national interest of the United States and notifies the Committees on Appropriations in accordance with the regular notification procedures: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 719. None of the funds appropriated under titles II through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, or Cambodia except as provided through the regular notification procedures of the Committees on Appropriations.

FOREIGN MILITARY TRAINING REPORT

SEC. 745. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations by the date specified in that section.

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 751. (a) AUTHORITY- Funds made available by title IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.

(b) NOTIFICATION- Assistance provided under subsection (a) shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

WESTERN HEMISPHERE

SEC. 758. (a) COLOMBIA-

(1) FUNDING AMOUNT- Of the funds appropriated under titles III and IV of this Act, not more than $542,500,000 shall be available for assistance for Colombia.

(2) ASSISTANCE FOR THE COLOMBIAN ARMED FORCES- Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:

(A) Up to 70 percent of such funds may be obligated prior to the certification and report by the Secretary of State pursuant to subparagraph (B).

(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) The Commander General of the Colombian Armed Forces is suspending or placing on administrative duty, if requested by the prosecutor, members of the Armed Forces who, according to the Minister of Defense, the Fiscal General or the Procuraduria General, have been credibly alleged to have violated human rights or to have aided or abetted paramilitary organizations or successor armed groups.

(ii) The Government of Colombia is investigating and prosecuting, in the civilian justice system, members of the Colombian Armed Forces who have been credibly alleged to have violated human rights or to have aided or abetted paramilitary organizations or successor armed groups.

(iii) The Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases (including providing requested information, such as the identity of persons suspended from the Armed Forces and the cause of the suspension, and access to witnesses, relevant military documents, and other requested information).

(iv) The Colombian Armed Forces have severed links (including denying access to military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation) with paramilitary organizations or successor armed groups, especially in regions where such organizations have a significant presence.

(v) The Government of Colombia is dismantling paramilitary leadership and financial networks by arresting and prosecuting in the civilian justice system individuals who have provided financial, planning, or logistical support, or have otherwise aided or abetted paramilitary organizations or successor armed groups; by identifying and seizing land and other assets illegally acquired by such organizations or their associates and returning such land or assets to their rightful occupants or owners; by revoking reduced sentences for demobilized paramilitaries who engage in new criminal activity; and by arresting and prosecuting under civilian criminal law, and when requested, extraditing to the United States members of successor armed groups.

(vi) The Government of Colombia is ensuring that the Colombian Armed Forces are respecting the rights of Colombia's indigenous and Afro-Colombian communities, and that the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.

(C) After July 31, 2009, the balance of such funds may be obligated if, before such obligation, the Secretary of State consults with, and subsequently certifies and submits a written report to the Committees on Appropriations that the Colombian Armed Forces are continuing to meet the requirements described in paragraph (B) and are conducting vigorous operations to restore civilian government authority and respect for human rights in areas under the effective control 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 `Andean Counterdrug Programs' 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, Department of State.

(4) REPORT- At the time the Secretary of State submits certifications pursuant to paragraphs (2)(B) and (C) of this subsection, the Secretary shall also submit to the Committees on Appropriations a report that contains, with respect to each such paragraph, a detailed description of the specific actions taken by both the Colombian Government and Colombian Armed Forces which support each requirement of the certification, and the cases or issues brought to the attention of the Secretary, including through the Department of State's annual Country Reports on Human Rights Practices, for which the actions taken by the Colombian Government or Armed Forces have been determined by the Secretary of State to be inadequate.

(5) CONSULTATIVE PROCESS- Not later than 60 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations regarding progress in meeting the requirements contained in paragraph (2).

(6) Of the funds appropriated under the heading `Economic Support Fund' in this Act, not less than $199,000,000 shall be apportioned directly to the United States Agency for International Development (USAID) for alternative development/institution building and sustainable development programs in Colombia and may be transferred to, and merged with, funds appropriated by this Act under the heading `Development Assistance' to continue programs administered by USAID, which funds may be made available notwithstanding section 660 of the Foreign Assistance Act of 1961, of which not less than $45,000,000 shall be for assistance for internally displaced persons, and of which not more than $16,700,000 may be made available for demobilization and reintegration of former combatants: Provided, That with respect to funds apportioned to USAID under this paragraph, the responsibility for policy decisions for the use of such funds, including which activities will be funded and the amount of funds that will be provided for each of those activities, shall be the responsibility of the USAID Administrator in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs.

(7) Of the funds appropriated under the heading `International Narcotics Control and Law Enforcement' in this Act, not more than $45,000,000 may be made available for assistance for Colombia, of which $9,500,000 shall be for judicial reform programs, $8,000,000 shall be made available to USAID for human rights activities, $15,000,000 shall be for the Office of the Fiscal General including not less than $5,000,000 for the human rights unit and not less than $5,000,000 for the Justice and Peace Unit, and for witness protection for victims of armed groups and investigations of mass graves, $5,000,000 shall be for the Office of the Procuraduria General, and $750,000 shall be for a United States contribution to the Office of the United Nations High Commissioner for Human Rights in Colombia to support monitoring and public reporting of human rights conditions in the field.

(8) Of the funds appropriated under the heading `Andean Counterdrug Programs' in this Act, not more than $241,000,000 may be made available for assistance for Colombia: Provided, That funds made available for assistance for the Government of Colombia in this Act may be used to support a unified campaign against narcotics trafficking and organizations designated as Foreign Terrorist Organizations and successor organizations, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided further, That assistance made available previously for the Government of Colombia to protect the Cano-Limon pipeline may also be used for purposes for which funds are made available under the heading `Andean Counterdrug Programs' and this paragraph: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States shall participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That rotary and fixed wing aircraft supported with funds appropriated under the heading `Andean Counterdrug Programs' for assistance for Colombia may be used for aerial or manual drug eradication and interdiction including to transport personnel and supplies and to provide security for such operations, and to provide transport in support of alternative development programs and investigations of cases under the jurisdiction of the Fiscal General, the Procuraduria General, and the Defensoria del Pueblo: Provided further, That of the funds available for the Colombian national police for the procurement of chemicals for aerial coca and poppy eradication programs, not more than 20 percent of such funds may be made available for such eradication programs unless the Secretary of State certifies to the Committees on Appropriations that: (1) the herbicide is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment (including deforestation resulting from migration caused by such eradication, and harm to endemic species): Provided further, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such aerial eradication are thoroughly evaluated and fair compensation is being paid in a timely manner for meritorious claims: Provided further, That the Secretary shall submit a report to the Committees on Appropriations detailing all claims, evaluations, and compensation paid during the 12 month period prior to the date of enactment of this Act: Provided further, That such funds may not be made available for such purposes unless the Secretary of State certifies to the Committees on Appropriations that programs are being implemented by USAID, the Government of Colombia, or other organizations, in consultation and coordination with local communities, to provide alternative sources of income in areas where security permits for small-acreage growers and communities whose illicit crops are targeted for aerial eradication: Provided further, That none of the funds appropriated by this Act for assistance for Colombia shall be made available for the cultivation or processing of African oil palm, if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appropriated by this Act may be used for aerial eradication in Colombia's national parks or reserves only if the Secretary of State certifies to the Committees on Appropriations on a case-by-case basis that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws.

(9) Of the funds appropriated under the heading `Foreign Military Financing Program' in this Act, not more than $53,000,000 may be made available for assistance for Colombia.

(10) The terms and conditions of section 649(e) and (f) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161) shall apply to assistance for Colombia in this Act.

(b) MEXICO- Of the funds appropriated by this Act under the headings `International Narcotics Control and Law Enforcement' and `Economic Support Fund', not more than $300,000,000 may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $35,000,000 shall be for judicial reform, institution building, anti-corruption, and rule of law activities.

(1) ALLOCATION OF FUNDS- Fifteen percent of the funds made available under this section for assistance for Mexico, not including assistance for judicial reform, institution building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico--

(A) is continuing to improve the transparency and accountability of Federal police forces and to work with State and municipal authorities to improve the transparency and accountability of State and municipal police forces through mechanisms including police complaints commissions with authority and independence to receive complaints and carry out effective investigations;

(B) is conducting regular consultations with Mexican human rights organizations and other relevant Mexican civil society organizations on recommendations for the implementation of the Merida Initiative in accordance with Mexican and international law;

(C) is continuing to ensure that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the Federal police and military forces who have been credibly alleged to have violated human rights, and the Federal police and military forces are fully cooperating with the investigations; and

(D) is continuing to enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment.

(2) REPORT- The report required in paragraph (1) shall include a description of actions taken with respect to each requirement and the cases or issues brought to the attention of the Secretary of State for which the response or action taken has been inadequate.

(3) NOTIFICATION- Funds made available for Mexico under this section shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).

(4) SPENDING PLAN- Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan, developed after consulting with relevant Mexican Government authorities, for funds made available for Mexico under this section, with concrete goals, programs and activities to be funded, and anticipated results.

(5) ANALYSIS OF ALTERNATIVES- Not less than 90 days prior to the obligation of funds for the procurement or lease of aircraft, the Director of the Defense Security Cooperation Agency, in consultation with the Secretary of State, shall submit to the Committees on Appropriations an Analysis of Alternatives for the acquisition of all aircraft for the Merida Initiative.

(c) CENTRAL AMERICA, HAITI AND THE DOMINICAN REPUBLIC- Of the funds appropriated by this Act under the headings `International Narcotics Control and Law Enforcement' and `Economic Support Fund', $100,000,000 may be made available for assistance for the countries of Central America, Haiti and the Dominican Republic only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $35,000,000 shall be made available for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That of the funds appropriated under the heading `Economic Support Fund' in this Act, $25,000,000 shall be made available for continued support for an Economic and Social Development Fund for Central America, of which $20,000,000 shall be made available through the United States Agency for International Development and $5,000,000 shall be made available through the Department of State for educational exchange programs for students with high financial need: Provided further, That of the funds appropriated under the heading `International Narcotics Control and Law Enforcement' in this Act, $2,500,000 shall be made available for assistance for Haiti, $2,500,000 shall be made available for assistance for the Dominican Republic, $3,000,000 shall be made available for a United States contribution to the International Commission Against Impunity in Guatemala (CICIG), $2,000,000 shall be made available to improve the capacity of the Government of Guatemala to conduct forensic investigations, and $1,000,000 shall be made available for witness protection programs in Guatemala.

(1) ALLOCATION OF FUNDS- Fifteen percent of the funds made available under this section for assistance for the countries of Central America, Haiti and the Dominican Republic, not including assistance for judicial reform, institution building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the government of such country--

(A) has police complaints commissions with authority and independence to receive complaints and carry out effective investigations;

(B) is continuing to implement reforms to improve the capacity and ensure the independence of the judiciary; and

(C) is continuing to investigate and prosecute members of the Federal police and military forces who have been credibly alleged to have violated human rights.

(2) REPORT- The report required in paragraph (1) shall include a description of actions taken with respect to each requirement and the cases or issues brought to the attention of the Secretary of State for which the response or action taken has been inadequate.

(3) NOTIFICATION- Funds made available for the countries of Central America, Haiti and the Dominican Republic under this section shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).

(4) SPENDING PLAN- Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan, developed after consulting with relevant Central American, Haitian and Dominican Republic authorities, with concrete goals, programs and activities to be funded, and anticipated results.

(5) DEFINITION- For the purposes of this section, the term `countries of Central America' means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.

(d) HAITI- The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.

(e) DOMINICAN REPUBLIC- Of the funds appropriated by this Act under the headings `Global Health and Child Survival' and `Development Assistance' that are available for assistance for the Dominican Republic, not less than $5,000,000 shall be made available for basic health care, nutrition, sanitation, education, and shelter for migrant workers and other residents of batey communities.

(f) GUATEMALA-

(1) Funds appropriated by this Act under the heading `International Military Education and Training' (IMET) that are available for assistance for Guatemala, other than for expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Guatemalan Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, That such funds may be made available only if the Secretary of State certifies that the Guatemalan Armed Forces are respecting human rights and are cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of human rights, and with the CICIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony.

(2) Of the funds appropriated by this Act under the heading `Foreign Military Financing Program', not more than $500,000 may be made available for the Guatemalan Air Force and Navy: Provided, That such funds may be made available only if the Secretary of State certifies that the Guatemalan Armed Forces are respecting human rights and are cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of human rights, including protecting and providing to the Attorney General's office all military archives pertaining to the internal armed conflict, and the Guatemalan Armed Forces are cooperating with the CICIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony.

(g) AIRCRAFT OPERATIONS AND MAINTENANCE- The costs of operations and maintenance, including fuel, of aircraft funded by this Act that are made available pursuant to this section shall be borne by the recipient country.

CUBA

SEC. 779. (a) Subject to subsection (b), of the funds appropriated by this Act under the heading `International Narcotics Control and Law Enforcement', $1,000,000 shall be made available for preliminary work by the Department of State, or such other entity as the Secretary of State may designate, to establish cooperation with appropriate agencies of the Government of Cuba on counter-narcotics matters, including matters relating to cooperation, coordination, and mutual assistance in the interdiction of illicit drugs being transported through Cuban airspace or over Cuban waters.

(b) The amount in subsection (a) shall not be available if the Secretary certifies to the Committees on Appropriations that--

(1) Cuba does not have in place appropriate procedures to protect against the loss of innocent life in the air and on the ground in connection with the interdiction of illegal drugs; and

(2) there is credible evidence of involvement of the Government of Cuba in drug trafficking during the preceeding 10 years.