Report in explanation of the State, Foreign Operations and Related Programs Appropriations Bill, 2013
NATIONAL SECURITY PROGRAMS
Additionally, to address the immediate security needs in this hemisphere, the Committee recommendation restores reductions proposed in the request for key countries in Latin America. The Committee believes it is critical to continue robust support for counternarcotics and law enforcement efforts, as well as assistance for rule of law and judicial reform activities in Mexico, Colombia, Central America, and the Caribbean to fight drug trafficking and violent crime before it reaches the borders of the United States. The security and stability of these neighbors directly affects the United States.
DIPLOMATIC AND CONSULAR PROGRAMS
Other Matters
Mexico.-The Committee recognizes a need for greater economic engagement between the United States and Mexico and urges the Department of State to explore new opportunities in this area, including engagement with private sector Chief Executive Officers and business leaders in both countries, in order to enhance dialogue and cooperative efforts to improve economic growth, increase global market competitiveness, improve United States-Mexico trade and investment, create jobs, and raise living standards for citizens of both countries, within a framework that fully respects and supports national sovereignty and interests.
Western Hemisphere Affairs.-The Committee is aware of steps taken by the Bureau of Western Hemisphere Affairs to promote stable democracies throughout the region through racial and ethnic equality initiatives, including coordinating and implementing the joint action plans developed with the governments of Colombia and Brazil. The Committee recommendation includes funds to support these initiatives during fiscal year 2013, including the continued implementation of the Brazil and Colombia joint action plans on racial equality.
The Committee understands that the Department of State is working to expand educational linkages and partnerships with governments in the Western Hemisphere region, with the goal of increasing higher education exchanges between the United States and Latin America and the Caribbean. The Committee urges the Secretary of State to work to provide opportunities to students of disadvantaged backgrounds or historically underserved populations to participate in the exchange expansion initiative. The Committee also encourages the Department of State to secure both private and public sector partners to support the participation of economically disadvantaged students.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
Organization of American States (OAS).-The Committee is concerned that the OAS may not be fully pursuing some of its obligations under the Inter-American Democratic Charter and directs the Department of State to report to the Committees on Appropriations, not later than 90 days after enactment of this Act, on efforts the United States is taking to push the OAS to uphold all aspects of the Charter.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
Office of Cuba Broadcasting (OCB).-The Committee recommendation includes $28,062,000 for OCB, Radio and TV Marti, pursuant to the Radio Broadcasting to Cuba Act of 1983 and the Television Broadcasting to Cuba Act of 1990, which is the same as the fiscal year 2012 program level and $4,468,000 above the request.
TITLE III-BILATERAL ECONOMIC ASSISTANCE
DEVELOPMENT ASSISTANCE
Country programs
Bolivia, Ecuador, Nicaragua.-The Committee does not support proposed increases in Development Assistance for Bolivia, Ecuador, and Nicaragua for programs other than to promote democracy and combat illicit drugs.
Mexico.-The Committee recommendation includes $33,350,000 for assistance for Mexico which is the same as the fiscal year 2012 level. An additional $35,000,000 is included for Mexico under Economic Support Fund. The Committee expects this assistance to be directed only to programs for rule of law and human rights, good governance, civil society, education, and private sector competitiveness.
ECONOMIC SUPPORT FUND
The Committee notes that funds are requested under this heading to advance United States interests by helping countries meet political, economic, and security needs. The Committee expects that these funds will be allocated in a manner that gives weight to national security and foreign policy objectives, including whether countries are helping advance United States foreign policy goals. The Committee expects the Secretary of State to report to the Committees on Appropriations, not later than 180 days after enactment of this Act, on criteria used to determine foreign assistance allocations, including whether a country's voting coincidence with the United States in the United Nations is considered.
Western Hemisphere
Caribbean Basin Security Initiative (CBSI).-The Committee recommendation includes $26,200,000 for CBSI, which is the same as the request. The Committee intends that these funds will be used to support efforts to build capacity within the judicial sector to investigate and manage prosecutions adequately and build effective oversight mechanisms to combat corruption of government officials.
Central America Regional Security Initiative (CARSI).-The Committee recommendation includes $47,500,000 for CARSI, which is the same as the request. The Committee intends that these funds will support judicial reform, economic and social development targeted to reduce gangs and drug trafficking, and rule of law efforts including re-establishing effective state presence in areas of high risk.
Colombia.-The Committee recommendation includes $155,000,000 for Colombia, which is the same as the request, and is to be apportioned directly to USAID for continued support of new and ongoing development programs. The Committee endorses the proposed use of funds in the request to support conflict-affected populations including Afro-Colombians and other indigenous communities and refugees that have been displaced from Colombia. The Committee recommends that the Secretary of State continue to work with the UNHCR, and other relevant international partners and governments to seek appropriate and durable solutions for Colombian refugees. Within the total provided for Colombia in this account, not less than $7,000,000 shall be transferred to the Migration and Refugee Assistance account to help address these concerns.
The Committee is encouraged by the Government of Colombia's emphasis on victims' restitution and land return. The Committee expects United States diplomacy and assistance programs to assist the Colombian Government in developing plans for local communities, in consultation with those communities, and with emphasis on strengthening local civilian governments.
Cuba.-The Committee recommendation includes $20,000,000 for Cuba, which is the same as the fiscal year 2012 enacted level and $5,000,000 above the request. The Committee directs that these funds shall be provided directly to the National Endowment for Democracy (NED) for programs to promote democracy and strengthen civil society in Cuba as authorized by section 109(a) of the Cuban Liberty and Solidarity (LIBERTAD) Act of 1996 and section 1705 of the Cuban Democracy Act (CDA) of 1992. The Committee expects NED to work with the core institutes and other grantees that have extensive, continuous, and current experience in Cuba. Assistance provided for Cuba under this heading shall not be used for business promotion, economic reform, social development, or other purposes not expressly authorized by section 109(a) of the LIBERTAD Act.
Mexico.-The Committee recommendation includes $35,000,000 for assistance for Mexico, which is the same as the request. An additional $33,350,000 is included for Mexico under Development Assistance. The Committee expects this assistance to be directed only to programs for rule of law and human rights, good governance, civil society, education, and private sector competitiveness. The Committee supports USAID's border development programs to address the root causes of violence and instability, including poverty and unemployment of border residents.
The Committee notes the report required in the explanatory statement accompanying the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Public Law 112–74) has not been submitted to the Committee and directs that an additional report be submitted for fiscal year 2013 detailing how programs funded under this heading and under Development Assistance are addressing the root cause of violence and instability.
Venezuela.-The Committee does not support the proposed decrease in funding for democracy programs in Venezuela and directs that $5,000,000 be made available for these programs, which is the same as the fiscal year 2012 enacted level.
DEPARTMENT OF STATE
MIGRATION AND REFUGEE ASSISTANCE
Colombian refugees.-In addition to funds available under this heading, the Committee recommendation includes a transfer of $7,000,000 from funds available under the Economic Support Fund heading to this heading for assistance to nongovernmental and international organizations that provide assistance to Colombian refugees in neighboring countries. The Committee remains concerned about the unmet humanitarian needs of the growing population of displaced persons from Colombia. The Committee recommends that the Secretary continue to work with UNHCR and other relevant international partners and governments to seek appropriate and durable solutions for Colombian refugees.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
The Committee recommendation includes $18,100,000 American Foundation (IAF), which is $4,400,000 below year 2012 enacted level and the same as the request. The Committee notes that the IAF continues to provide targeted micro-enterprise and community-based programs throughout the region.
The Committee directs the IAF to consult with the Committees on Appropriations prior to exercising the authority in section 7025 of this Act.
The Committee notes that the IAF must submit an operating plan to the Committees on Appropriations as required in title VII of this Act.
TITLE IV-INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The Committee has not included the requested provision that would allow funds previously appropriated to the Andean region under the Andean Counterdrug Programs and Andean Counterdrug Initiative headings to be reprogrammed without regard to geographic or purpose limitations. The Committee intends that funds previously appropriated to the Andean region shall be used within that region.
The Committee recommendation continues language that requires the Secretary of State to provide to the Committees on Appropriations, not later than 45 days after enactment of this Act, and prior to the initial obligation of funds, a report on the proposed uses of all funds on a country-by-country basis for each proposed program, project, or activity. The Committee notes that this report does not meet the notification requirements under section 7015, which requires 15-day advance notice of programs not justified or in excess of the budget justification materials provided to Congress. However, this report should serve as a baseline spend plan for the fiscal year. The Committee expects the report to contain at least the level of detail provided in the fiscal year 2010 INCLE 45-day country-by-country report.
Global Programs
Human rights.-The Committee expects the Department of State to continue to ensure that training provided through funds made available under this heading include a human rights component and that all existing United States laws regarding human rights are applied.
Country and Regional Programs
Bolivia.-The Committee remains concerned with the Government of Bolivia's commitment to combat transnational crime and support interdiction efforts. The Committee recommendation includes language carried in the prior year requiring that the Secretary of State determine and report that providing assistance is in the national security interest.
Colombia.-The Committee recommendation includes $142,000,000 which is the same as the request, for rule of law, interdiction, and eradication activities in Colombia. The Committee continues to recognize the strategic importance of Colombia, and acknowledges the successes made and the measurable improvements achieved in the everyday lives of the Colombian people that have resulted over the last decade.
In addition to funds provided in the previous paragraph, the Committee recommends $18,600,000 to support the efforts of the Government of Colombia to provide training and technical assistance to partners in the region and around the world. The Committee encourages the Department of State to work with the Government of Colombia to leverage these activities to best address counternarcotics and law enforcement challenges worldwide.
The Committee continues to support aerial eradication efforts in Colombia and intends that the Department of State will continue its current practices to: 1) investigate and evaluate complaints to health or licit crops and provide fair compensation for meritorious claims; 2) support programs that provide alternative sources of income for small-acreage growers and communities whose illicit crops are targeted in aerial eradication programs; and 3) only conduct aerial eradication programs in national parks and reserves if there are no other effective alternatives and efforts, and if such programs are done in a manner consistent with Colombian law.
The Committee commends the Government of Colombia for its efforts to bring the government into ungoverned territories and supports programs that combine military security and civilian development strategies. The Committee views this as an innovative approach, and notes that success hinges on the full participation of civilian government institutions, inter-agency coordination, strict respect for human rights, and the inclusion of local populations.
The Committee encourages a continued focus on justice and rule of law activities, including efforts to address human rights abuses within the Colombian Armed Forces, and provides not less than the requested amount for these activities. The Committee directs the Secretary of State to report, not later than 45 days after the enactment of this Act, on the proposed uses of funding for Colombia's judicial agencies. The report should include how assistance is designed to reduce impunity and protect due process, and include any associated benchmarks that have been established for the offices of the Colombian Attorney General, Inspector General, and Ombudsman. The Committee encourages the Department of State to support the Attorney General's Human Rights Unit to strengthen the investigative capacity to address sexual violence and to establish a national registry of sexual violence cases.
In section 7045, the Committee directs the Secretary of State to submit a report to the Committees on Appropriations, not later than 60 days after enactment of this Act, on the efforts the Colombian Armed Forces are taking to address human rights. The report shall include steps taken to: 1) suspend members who have been credibly alleged to have violated human rights, or to have aided, abetted or benefitted from paramilitary organizations or other illegal armed groups; 2) promptly refer these cases to civilian jurisdiction; 3) cooperate fully with civilian prosecutors and judicial authorities; 4) sever links with and dismantle paramilitary organizations or other illegal armed groups; 5) respect the rights of human rights defenders, journalists, trade unionists, and other social activists, and the rights and territory of indigenous and Afro-Colombian communities; and 6) implement procedures to distinguish between civilians and combatants in their operations. The Committee directs the Secretary of State to consult with Colombian and international human rights organizations not less than 30 days prior to submitting this report.
Guatemala.-The Committee directs that funds should be made available for the International Commission against Impunity in Guatemala (CICIG). The Committee urges the Department of State to continue to cooperate with the CICIG and encourages all parties in Guatemala to fully comply with the CICIG's recommendations.
Mexico.-The Committee recommendation includes $248,500,000, which is the same as the fiscal year 2012 level for assistance for Mexico to support its war against organized crime and drug-trafficking along the United States-Mexico border. The Committee notes the strong commitment of the Government of Mexico to these efforts. The Committee intends that the resources provided will assist the Government of Mexico to strengthen civilian and judicial institutions, anti-corruption efforts, and rule of law activities to foster long-term reform objectives.
The Committee supports close and sustained coordination in law enforcement efforts and intelligence-sharing between the United States and Mexico to combat the activities of drug trafficking organizations along our southern border. The Committee continues to direct the Department of State to work with all appropriate federal, state, and local entities to create a comprehensive, joint border security strategy to address violence associated with drug trafficking, gun-running, illegal alien smuggling, violence, and kidnapping along and across the international border between the United States and Mexico.
The Committee expects that equipment and training funded in this Act and in prior acts will be expedited to enhance the ability of federal, state, and local entities 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. The Committee continues to be concerned with the delivery of assistance to Mexico and directs the Department of State, in consultation with the Departments of Defense, Homeland Security and Justice, to provide a report to the Committees on Appropriations, not later than 45 days after enactment of this Act, describing the implementation of assistance for Mexico since fiscal year 2008 and to use all appropriate means necessary to ensure the prompt delivery of equipment and training. The Committee further directs these agencies, and other relevant United States Government agencies, to provide in such report an assessment of the transnational criminal organizations operating in Mexico, including an assessment of the incomegenerating activities of these organizations and recommendations on how to combat the operations, financial networks, and money laundering techniques of such organizations. This report, or a portion thereof, may be submitted in classified form if necessary.
The Committees directs the Secretary of State to submit a report to the Committees on Appropriations, not later than 60 days after enactment of this Act, on the efforts of the Government of Mexico to investigate and prosecute in the civilian justice system, in accordance with Mexican and international law, military and police personnel who are credibly alleged to have violated human rights; to enforce prohibitions on the use of testimony obtained through torture; and the efforts of the Mexican military and police to cooperate with civilian judicial authorities in such cases.
Western Hemisphere Regional
Central America Regional Security Initiative (CARSI).-The Committee strongly supports efforts to combat the corrosive effects of drug trafficking, organized crime, and gangs in Central America and includes $70,000,000 for these purposes, which is an increase of $10,000,000 above the President's request. CARSI funding will help countries enhance their law enforcement operations and reform the justice sector, thereby making them key partners in the fight against transnational criminal networks. The Committee believes that cooperation within the region is critical to ensure the security of these countries and the United States.
The Committee directs the Department of State to submit a report, not later than 45 days after enactment of this Act, on the activities that were conducted with previous appropriations and the achievements associated with those funds, as well as activities that will be funded in fiscal year 2013 and the goals that are expected to be reached.
Caribbean Basin Security Initiative (CBSI).-The Committee also strongly supports CBSI in order to combat organized crime and drug-related violence and includes $30,000,000, which is the same as the fiscal year 2012 level. The Committee believes that strong integration of similar programs in Mexico, Colombia, and the countries of Central America will contribute to enhanced security in the region and the United States.
The Committee directs the Department of State to submit a report, not later than 45 days after enactment of this Act, on the activities that were conducted with previous appropriations and the achievements associated with those funds, as well as activities that will be funded in fiscal year 2013 and the goals that are expected to be reached.
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
Country-by-country report.-The Committee recommendation retains language carried in the prior year requiring a detailed description of proposed activities for each country funded in this account. The regular notification procedures of the Committees on Appropriations remain in effect, requiring that the Committee be notified 15 days in advance of obligation for any funds not justified, or in excess of amounts justified, in the Congressional budget justification.
FOREIGN MILITARY FINANCING PROGRAM
Colombia.-The Committee recommendation includes $40,000,000 for assistance for Colombia and supports funds being used for maritime interdiction and riverine operations.
Guatemala.-The Committee supports the budget request for Guatemala and notes that no funds are requested for the Guatemalan Army, except for support for the Army Corps of Engineers and for e-IMET courses. The Committee expects that if the decision is made to provide assistance to the Guatemalan Army during fiscal year 2013 other than in the manner previously justified to the Congress, a notification will be submitted pursuant to section 7015 of this Act. The Committee further expects that any such notification will be accompanied by a detailed justification describing steps made to address the issues described under this heading in the joint explanatory statement accompanying the Department of State, Foreign Operations, and Related Agencies Appropriations Act (Public Law 112–74).
Honduras.-The Committee recommendation includes language, modified from the prior year, in section 7045, withholding funds for Honduras until certain conditions are met.
Mexico.-The Committee recommendation includes not less than $7,000,000 for assistance for Mexico, which is the same as the request.
TITLE V-MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
The Committee recommendation includes $51,010,000 for the Contribution to the Inter-American Development Bank (IDB) for the paid-in portion of the IDB's General Capital Increase, which is $23,990,000 below the fiscal year 2012 enacted level and $51,010,000 below the request.
TITLE VII-GENERAL PROVISIONS
Sec. 7015, "Notification Requirements", is modified in subsection (c) by expanding the 10 percent threshold exception for reprogramming notifications to titles V and VI of the Act and making technical and conforming changes, requiring that notifications submitted to the Committees on Appropriations identify when funds are being provided notwithstanding any other provision of law and include a justification; and in (f) deleting Colombia and Mexico and adding Egypt, Lebanon, and Syria.
Sec. 7045, "Western Hemisphere", is modified by incorporating by reference section 7045(a) up through the fifth proviso and (a)(3) and by modifying the reporting requirement; by striking subsections (b) and (e); and by striking the dollar level and adding Colombia in subsection (f).