Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2013, and for other purposes
S. 3241
[Report No. 112-172]
Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2013, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 24, 2012
Mr. Leahy, from the Committee on Appropriations, reported 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, 2013, and for other purposes.
TITLE III-BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated To The President
ECONOMIC SUPPORT FUND
Provided further, That of the funds appropriated under this heading, not less than $175,000,000 shall be apportioned directly to USAID for alternative development/institution building and local governance programs in Colombia: Provided further, That notwithstanding any other provision of law, of the funds appropriated under this heading, not more than $15,000,000 may be made available for assistance for Cuba, including for humanitarian assistance, support for economic reform, private sector initiatives, democracy, and human rights:
INDEPENDENT AGENCIES
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, $23,500,000, to remain available until September 30, 2014: Provided, That of the funds appropriated under this heading, not to exceed $1,000 may be available for representation expenses.
TITLE IV-INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(1) COUNTERNARCOTICS PROGRAMS.- ... Provided further, That of the funds appropriated under this heading and under the heading "Foreign Military Financing Program" that are available for police and military forces in Mexico and Central and South America, not less than $10,000,000 shall be available for assistance for civilians who suffer harm as a result of counternarcotics, anti-crime, and counterinsurgency operations by such forces, except that such funds shall be matched by sources other than the Government of the United States.
...
(3) AVIATION.-$243,000,000 for expenses relating to the cost of purchasing, leasing, maintaining, and the disposition of aircraft, and including aircraft used in counternarcotics programs: Provided, That not later than 60 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the number of aircraft purchased and leased by the Department of State in previous fiscal year, and the costs of storing and maintaining such aircraft.
TITLE V-MULTILATERAL ASSISTANCE
Funds Appropriated To The President
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $113,500,000, to remain available until expended.
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, $25,726,000, to remain available until expended.
TITLE VII-GENERAL PROVISIONS
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the Governments of Cuba, North Korea, Iran, or Syria: 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.
COUPS D'ÉTAT
SEC. 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.
NOTIFICATION REQUIREMENTS
(f) None of the funds appropriated under titles III, IV, and VIII of this Act shall be obligated or expended for assistance for Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, Colombia, Cuba, Egypt, Ethiopia, Guatemala, Haiti, Honduras, Indonesia, Iran, Iraq, Kazakhstan, Kenya, Libya, Mexico, Nepal, Pakistan, Philippines, the Russian Federation, Serbia, Somalia, Sri Lanka, South Sudan, Sudan, Syria, Uzbekistan, Yemen, or Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: Provided, That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action.
SPECIAL PROVISIONS
SEC. 7034.(h) Modification Of Amendment.-Section 620M of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security Forces) is amended in subsection (d)(5) by inserting ", equipment, or other types of assistance" after "training".
WESTERN HEMISPHERE
SEC. 7045.(a) Colombia.-
(1) Funds appropriated by this Act and made available to the Department of State for assistance for the Government of Colombia may be used to support a unified campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal or illegal armed groups; for disarmament, demobilization, and reintegration of former combatants; and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided, That no United States Armed Forces personnel or United States civilian contractor employed by the United States will 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 "International Narcotics Control and Law Enforcement" 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: Provided further, That such aircraft may also be used to provide transport in support of alternative development programs and investigations by civilian judicial authorities: Provided further, That funds appropriated by this Act for the Colombian national police may not be used for the aerial spraying of toxic chemicals unless the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Department of Health and Human Services, certifies to the Committees on Appropriations that the chemicals, in the manner they are being sprayed, do not pose unreasonable risks or adverse effects to humans, including pregnant women and children, or the environment, including endemic species: Provided further, That any complaints of harm to health or licit crops caused by such aerial spraying shall be thoroughly investigated and evaluated, and fair compensation paid in a timely manner for meritorious claims: Provided further, That the Secretary of State shall submit a report to the Committees on Appropriations not later than 6 months after enactment of this Act and 6 months thereafter, detailing the complaints made during the previous 6 months, the investigations conducted, and the amount of compensation, if any: Provided further, That none of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for successor organizations to the Colombian Departamento Administrativo de Seguridad: Provided further, That none of the funds appropriated by this Act shall be made available for the cultivation or processing of African oil palm.
(2) COLOMBIAN ARMED FORCES.-Of the funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, 25 percent may be obligated only if the Secretary of State consults with, and subsequently certifies and submits a report to, the Committees on Appropriations that the Government of Colombia and Colombian Armed Forces are meeting the conditions that appear under this section in the report accompanying this Act: Provided, That the requirement to withhold funds from obligation shall not apply with respect to funds made available under the heading "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: Provided further, That not less than 30 days prior to making the certification the Secretary of State shall consult with Colombian and international human rights organizations.
(3) ILLEGAL ARMED GROUPS.-
(A) DENIAL OF VISAS.-Subject to subparagraph (B), the Secretary of State shall not issue a visa to any alien about whom the Secretary has credible information-
(i) has willfully provided any support to or benefitted from the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), the United Self-Defense Forces of Colombia (AUC), or other illegal armed groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; or
(ii) has committed, ordered, incited, assisted, or otherwise participated in the commission of a violation of human rights in Colombia.
(B) WAIVER.-Subparagraph (A) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons.
(b) Guatemala.-Funds appropriated by this Act under the headings "International Military Education and Training" (IMET) and "Foreign Military Financing Program" that are available for assistance for Guatemala may be made available only for the Guatemalan Air Force, Navy, and Army Corps of Engineers: Provided, That expanded IMET may be made available for assistance for the Guatemalan Army.
(c) 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.
(d) Honduras.-(1) Of the funds appropriated by this Act that are available for assistance for Honduran military and police forces, 25 percent may be obligated only if the Secretary of State reports in writing to the Committees on Appropriations that the Government of Honduras and Honduran military and police forces are meeting the conditions that appear under this section in the report accompanying this Act.
(2) The restriction in paragraph (1) shall not apply to assistance to promote transparency, anti-corruption, and the rule of law within the military and police forces.
(e) Mexico.-(1) Of the funds appropriated by this Act that are available for assistance for Mexican military and police forces, 15 percent may be obligated only if the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico and Mexican military and police forces are meeting the conditions that appear under this section in the report accompanying this Act.
(2) The restriction in paragraph (1) shall not apply to assistance to promote transparency, anti-corruption, and the rule of law within the military and police forces.
(f) Trade Capacity.-Of the funds appropriated by this Act, not less than $12,000,000 under the heading "Development Assistance" and not less than $12,000,000 under the heading "Economic Support Fund" shall be made available for labor and environmental capacity building activities relating to free trade agreements with countries of Central America, Peru, the Dominican Republic, Colombia, and Mexico.
(g) Aircraft Operations And Maintenance.-To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 7050.(a) Authority.-Funds made available by titles III and 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 the regular notification procedures of the Committees on Appropriations.