Senate Committee on Appropriations Report on S. 1601 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012

Bill Number:

S. Rept. 112-85

Bill Status:

Committee Report

Bill Location:

Senate

Date of Last Action:

Thursday, September 22, 2011

Link to entire bill at the Library of Congress site.

Relevant Text:

68-380 PDF

Calendar No. 179
112TH CONGRESS
Report
SENATE

1st Session

112-85

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS BILL, 2012

September 22, 2011- Ordered to be printed

Mr. LEAHY, from the Committee on Appropriations, submitted the following
REPORT
[To accompany S. 1601]

The Committee on Appropriations reports the bill (S. 1601) making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2012, and for other purposes, reports favorably thereon and recommends that the bill do pass.

INTRODUCTION

SUMMARY TABLE: AMOUNTS IN NEW BUDGET AUTHORITY
[In thousands of dollars]
------------------------------------------------------------------------------------------------------------------------
Item Budget request Committee recommendation Changefrom request
------------------------------------------------------------------------------------------------------------------------
Title I--Department of State and Related Agency 15,135,782 13,972,286 -1,163,496
Title II--United States Agency for International Development 1,744,120 1,437,000 -307,120
Title III--Bilateral Economic Assistance 22,526,903 19,586,048 -2,940,855

Title IV--International Security Assistance 8,222,795 7,455,288 -767,507
Title V--Multilateral Assistance 3,667,520 3,220,988 -446,532
Title VI--Export and Investment Assistance -344,740 -409,010 -64,270
Title VII--General Provisions -463,700 -463,700
Title VIII--Overseas Contingency Operations 8,702,787 8,702,787
Total 59,655,167 53,501,687 -6,153,480
------------------------------------------------------------------------------------------------------------------------

SUMMARY OF ESTIMATES

The Committee recommendation for the fiscal year 2012 budget for the activities under the jurisdiction of the Subcommittee on the Department of State, Foreign Operations, and Related Programs is $44,640,000,000 in new discretionary budget authority for enduring operations, of which $44,504,000,000 is for security-related activities. This is $3,521,784,000 below the fiscal year 2011 enacted level and $6,153,480,000 below the fiscal year 2012 budget request. An additional $158,900,000 is for mandatory spending and an additional $8,702,787,000 is for Overseas Contingency Operations.

INTRODUCTION

The Committee notes that government-wide efforts to reduce the Federal deficit require deep cuts in operations and many programs funded by this act. The consequences will be severe for the operations of the Department of State and USAID, U.S. embassies and consulates, contributions to international organizations of which the United States has been a leading member, and bilateral assistance programs, as well as the ability of the United States to project its influence and protect its economic and security interests around the world. The Federal agencies administering funds appropriated by this act should review all costs associated with operations and programs to determine their priority and effectiveness. Programs that are failing to perform or meet sustainability guidelines should be discontinued.

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

The Committee recommends a total of $17,836,252,000, for the Department of State and the Broadcasting Board of Governors, of which $13,972,286,000 is for enduring operations under title I and $3,863,966,000 is for OCO costs under title VIII.

ADMINISTRATION OF FOREIGN AFFAIRS
PROGRAM ISSUES

Conflict Stabilization Operations- The Committee expects the Department of State and USAID to utilize funds from the Complex Crisis Fund and other crisis and disaster response funds to support deployments. The Committee remains concerned with CSO's limited activities, specifically the minor role it has played in response to the earthquake in Haiti and the revolution in Libya. Given budget restraints, the Committee will assess the performance of the CSO during fiscal year 2012.

The Committee does not support the use of funds for additional active or standby civilian response corps positions. The Committee notes, and supports, the administration's decision not to request funding for a CRC reserve component.

Consular Affairs Pilot Programs- Section 7079 of this act directs the Secretary of State to take steps to eliminate the long delays in processing tourist visas in the PRC, Brazil and India, and to report on steps taken to meet the Department's visa processing standards. The section also authorizes the Secretary to develop and conduct a pilot program for processing tourist visas using secure remote videoconferencing technology as a method for conducting visa interviews of applicants, if it can be done in a manner consistent with security controls.

Human Rights Vetting- The Committee supports the Department of State's efforts to monitor U.S. military assistance to foreign security forces, pursuant to section 620M of the FAA, as amended by this act. The vetting process has been widely applied to individuals who are candidates for U.S. training, but it has more often not been applied to those individuals' units, or to units that may receive U.S. equipment. This is contrary to the letter and intent of the law and has limited its effectiveness. The Committee expects the Department to implement the law faithfully and effectively. As in past years, the Committee recommends not less than $2,000,000 for DRL for personnel, training, and other support to strengthen the vetting process, as well as to implement the procedures specified in section 7032(o) of this act.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2011
1 $740,017,000
Budget estimate, 2012

754,261,000
Committee recommendation
740,039,000
1 Includes $9,980,000 for this account appropriated under section 2121(g) of Public Law 112-10.

The Committee recommends $740,039,000 for International Broadcasting Operations, for the operating and engineering costs of VOA, OCB, RFE/RL, RFA, MBN, and the BBG.

Funds are allocated in the following table and subject to the requirements of section 7019 of this act:

INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]

----------------------------------------------------------------------------------------------------------------
Program Fiscal year 2012request Committeerecommendation Change fromrequest
----------------------------------------------------------------------------------------------------------------
Federal Entities 505,723 496,770 -8,953
BBG/IBB Operations 83,283 73,047 -10,236
International Broadcasting Bureau 422,440 423,723 +1,283
Voice of America 206,930 206,247 -683
Broadcasting to Cuba 28,475 28,181 -294
Engineering and Technical Services 2,500 +2,500 +2,260

Independent Grantee Organizations 248,538 243,269 -5,269
Radio Free Europe/Radio Liberty 96,818 94,855 -1,963
Radio Free Asia 39,052 38,301 -751
Middle East Broadcasting Networks 112,668 110,113 -2,555
Total, International Broadcasting Operations 754,261 740,039 -14,222
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TITLE III

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

Appropriations, 2011
$21,208,531,000

Budget estimate 2012
23,743,503,000
Enduring operations
22,526,903,000
Overseas Contingency Operations
1,216,600,000
Committee recommendation
21,059,869,000
Enduring operations

19,588,548,000
Overseas Contingency Operations
1,471,321,000

DEVELOPMENT ASSISTANCE

Appropriations, 2011
$2,519,950,000
Budget estimate, 2012
2,918,002,000
Committee recommendation
2,550,000,000

The Committee recommends $2,550,000,000 for Development Assistance.

PROGRAMS
CLIMATE CHANGE AND ENVIRONMENT PROGRAMS

The Committee recognizes the Earth's climate is changing and the need to help developing countries reduce greenhouse gas emissions; develop clean energy and increase energy efficiency; adapt to rising temperatures, water and food scarcity, and rising sea levels; protect forests and other biodiversity; and implement policies for the transparent and sustainable use of natural resources. The Committee recommends a total of $1,250,000,000 in this act for climate change and environment programs funded through USAID, the Department of State, and the Department of the Treasury, including $200,000,000 for biodiversity conservation programs.

Adaptation- The Committee supports funding for programs to assist developing countries adapt to climate change hazards, including decreases in agricultural productivity, water scarcity, and rising sea levels.

Biodiversity- The Committee recommends not less than $200,000,000 for programs to protect tropical forests and other biodiversity including $30,000,000 for USAID's conservation programs in the Amazon of which $20,000,000 is for the Initiative for Conservation in the Andean Amazon and $10,000,000 is for the Brazilian Amazon, with a priority on strengthening the capacity of indigenous organizations to protect tropical forests and biodiversity. The Committee recommends $21,000,000 for the CBFP, of which $9,000,000 is for a direct apportionment to the USFWS to continue and expand its programs in central Africa including to protect great apes.

The Committee recommends continued funding for USAID's programs to protect the habitat of orangutans in Borneo and Sumatra, and for USAID's program to protect wildlife in the Boma Jonglei area of Southern Sudan. Funds may also be used for a U.S. contribution to the Galapagos Invasive Species Fund. The Committee recommends $2,000,000 for implementation of the Lacey Act.

GLOBAL PROGRAMS

Judicial Reform- The Committee supports judicial reform as an important component of rule of law programs worldwide, particularly in developing and post-conflict countries. The Committee supports the use of funds under this heading and the ESF heading to continue judicial reform programs.

COUNTRIES

Ecuador- The Committee is concerned with the extensive oil contamination of land and water in Northeastern Ecuador which poses grave health risks for the local population. The Committee directs that not less than $500,000 be made available for rainwater collection or other access to potable water for local residents, and to assist the Ministry of Health in providing local diagnosis and treatment for chronic illnesses resulting from such contamination. Technical assistance should also be made available to the Government of Ecuador in identifying best practices for the remediation of oil-contaminated land and water and environmentally safe petroleum production.

Guatemala- The Committee recommends $1,000,000 for a direct apportionment to the U.S. Department of the Interior for biodiversity and archaeological conservation activities in Guatemala's Mayan Biosphere Reserve, to include governance and law enforcement.

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011
$5,946,185,000
Budget estimate, 2012
7,185,263,000
Enduring operations
5,968,663,000
Overseas Contingency Operations

1 1,216,600,000
Committee recommendation
5,551,381,000
Enduring operations
4,378,560,000
Overseas Contingency Operations
1 1,172,821,000
1 Overseas Contingency Operations is funded under title VIII.

The Committee recommends $5,551,381,000 for the Economic Support Fund, including $1,172,821,000 for OCO costs.

Funds are allocated in the following table and subject to the requirements of section 7019 of this act:

ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
-----------------------------------------------------------------------------------------------------------------
Country/program Fiscal year 2012request Committeerecommendation Change fromrequest
-----------------------------------------------------------------------------------------------------------------
Western Hemisphere

Colombia 189,108 179,000 -10,108
Haiti 146,281 146,281

COUNTRY ISSUES

Colombia- The Committee recommends $179,000,000 under this heading for alternative development/institution building in Colombia of which $8,000,000 is transferred to the MRA heading for assistance for Colombian refugees in neighboring countries, $15,000,000 is for assistance for Afro-Colombian and Indigenous communities including $500,000 for renewable energy activities, and $3,000,000 is for biodiversity conservation programs. The Committee also supports funding for flood recovery, including enabling small-scale farmers to adjust to changing market conditions.

The Committee recommends $500,000 for community-based programs in Colombia which address the psychological, social, rehabilitative and educational needs of children and adolescents disabled by landmines and other causes related to the armed conflict.

Costa Rica- The Committee is concerned that many countries, including Costa Rica, are failing to meet their commitments under the Convention on the Civil Aspects of International Child Abductions (the Convention), done at the Hague on October 25, 1980. The Committee includes a provision authorizing the Secretary of State to withhold ESF assistance for the central government of any country that the Secretary determines is not taking appropriate steps to comply with the Convention.

Cuba- The Committee recommends $15,000,000 for humanitarian and other assistance for Cuba. The Committee expects that funds will be made available, and programs carried out, in a transparent manner. The USAID Administrator is directed to provide regular updates to the Committee on the number of Cubans who receive assistance and the types of assistance.

Haiti- The Committee recommends the budget request for assistance for Haiti, and is concerned that the post-earthquake recovery effort has fallen well short of what could and should have been achieved so far. The Committee is aware that a culture of dependency on international aid to solve Haiti's problems, coupled with a long history of corruption and neglect on the part of successive Haitian governments, as well as poorly designed and implemented programs, have contributed to Haiti's many challenges. The Committee urges USAID to communicate directly and frequently with the Haitian people about U.S. relief and reconstruction programs and plans, and to solicit their input at every opportunity.

The Committee recognizes the urgent need to build a functioning justice system in Haiti, but notes that prior attempts have too often been poorly designed, costly and produced few tangible results. The Committee supports limited expenditures to address the most egregious problems, such as prolonged pre-trial detention, until important positions such as Minister of Justice and Attorney General have been filled with qualified individuals and the government has a realistic justice reform strategy with achievable and sustainable goals, benchmarks for measuring progress, and expected results. The Committee directs the Secretary of State to submit a report not later than 45 days after enactment of this act detailing the status of investigations and prosecutions of those responsible for the killings of inmates at the Les Cayes prison in January 2010.

The Committee supports funding for reforestation, efficient cook stove programs, and justice sector reform including improvements in conditions in Haiti's prisons, and public and private sector efforts to increase the availability of reliable, affordable electricity.

The Committee supports continued assistance to develop industrial parks and labor programs which capitalize on U.S. trade preferences consistent with internationally recognized labor rights.

GLOBAL PROGRAMS

Forensic Assistance- The Committee recommends $1,000,000 to support programs in forensic anthropology in countries of Central and South America where armed conflicts resulted in large numbers of human remains that have yet to be exhumed and/or identified, delaying justice and fostering impunity. These funds are to be administered by DRL.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

Appropriations, 2011
$1,593,806,000
Budget estimate, 2012
2,511,838,000
Enduring operations
1,511,838,000
Overseas Contingency Operations
1 1,000,000,000

Committee recommendation
2,219,000,000
Enduring operations
1,056,000,000
Overseas Contingency Operations
1 1,163,000,000
1 Overseas Contingency Operations is funded under title VIII.

The Committee recommends $2,219,000,000 for International Narcotics Control and Law Enforcement, including $1,163,000,000 for OCO costs.

Funds shall be allocated in the following table and subject to the requirements of section 7019 of this act:

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------
Country/program Fiscal year 2012 request Committeerecommendation Change fromrequest
--------------------------------------------------------------------------------------------------------------------------------
Afghanistan 324,000 250,000 -74,000
Colombia 160,600 150,000 -10,600

Enduring 160,600 35,000 -125,600
OCO 115,000 +115,000
Guatemala 5,000 5,000
CICIG 5,000 5,000
Haiti 19,420 19,420
Indonesia 11,570 11,570
Iraq 1,000,000 850,000 -150,000
OCO 1,000,000 850,000 -150,000
Mexico 248,500 220,000 -28,500

Enduring 248,500 35,000 -213,500
OCO 185,000 +185,000
Somalia 2,000 2,000
Enduring 2,000 -2,000
OCO 2,000 +2,000
West Bank/Gaza 113,000 113,000
Yemen 11,000 11,000
Enduring 11,000 -11,000
OCO 11,000 +11,000

Combating Copyright Piracy--Cyber Crime and IPR 3,750 5,000 +1,250
International Law Enforcement Academies 31,300 32,000 +700
Office to Monitor and Combat Trafficking in Persons [O/TIP] 20,808 20,000 -808
--------------------------------------------------------------------------------------------------------------------------------

COUNTRY ISSUES

Colombia- The Committee recommends $150,000,000 under this heading for assistance for Colombia, including $115,000,000 for OCO costs. The Committee remains concerned with the slow pace of justice reform in Colombia, the lack of investigative and prosecutorial capacity, and the persistent problem of impunity particularly for human rights violations. The Committee directs the Department of State and the Department of Justice to consult with the Committee prior to the transfer of funds to the Department of Justice for programs in Colombia.

The Committee recommends not less than $30,000,000 under this heading for rule of law programs, including $7,000,000 for USAID human rights activities, and $15,000,000 for the Office of the Colombian Attorney General including $7,000,000 for the human rights unit.

Guatemala- The Committee recommends $5,000,000 for the CICIG to continue investigations and prosecutions of illegal armed groups, clandestine criminal organizations, and official corruption. The Committee does not support assistance for the Government of Guatemala unless it is implementing policies that are consistent with United States interests and values, and it identifies, for each proposed program or activity, achievable and sustainable goals, benchmarks for measuring progress, and expected results.

Honduras- The Committee is concerned with the escalating conflict between landless peasants and owners of large palm oil plantations in Honduras, including assassinations of peasant leaders and other social activists, and reports that private militias have been aided and abetted by government security forces. The Committee expects Honduran authorities to investigate these crimes and bring those responsible to justice.

Mexico- The Committee recommends $220,000,000 under this heading for assistance for Mexico, including $185,000,000 for OCO costs. The Committee supports an emphasis on strengthening the capacity and improving the transparency and accountability of state and local law enforcement and judicial authorities who have jurisdiction over most violent crimes in Mexico. The Committee directs the Department of State and the Department of Justice to consult with the Committee prior to the transfer of funds to the Department of Justice for programs in Mexico. The Committee notes that its attempts to obtain reliable information from the Mexican Ministry of Defense on the status of investigations or prosecutions of military personnel for human rights violations have been unsuccessful.

The Committee is concerned that since the start of the Merida Initiative more than 36,000 Mexicans have been killed as a result of drug and gang-related violence and there has been a spill-over of drug related crime into Guatemala and Honduras. With no evidence that the violence is abating or that the flow in drugs to the United States from Mexico or guns from the United States to Mexico are being appreciably reduced, the Committee questions whether the current strategy can be sustained.

PROGRAM ISSUES

International Law Enforcement Academies- The Committee recommends the budget request for the ILEAs.

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

Appropriations, 2011
$105,788,000
Budget estimate, 2012

109,954,000
Committee recommendation
105,788,000

The Committee recommends $105,788,000 for International Military Education and Training.

Haiti- The Committee recommends $220,000 for training of the Haitian Coast Guard.

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011
$5,374,230,000
Budget estimate, 2012
6,550,463,000
Enduring operations
5,550,463,000
Overseas Contingency Operations

1,000,000,000
Committee recommendation
6,335,000,000
Enduring operations
5,346,000,000
Overseas Contingency Operations
1 989,000,000
1 Overseas Contingency Operations is funded under title VIII.

The Committee recommends $6,335,000,000 for Foreign Military Financing Program, including $989,000,000 for OCO costs.

Funds are allocated in the following table and subject to the requirements of section 7019 of this act:

FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
-------------------------------------------------------------------------------------------
Country/program Fiscal year 2012 request Committee recommendation Change fromrequest
-------------------------------------------------------------------------------------------
Colombia 44,000 39,000 -5,000
Enduring 44,000 -44,000

OCO 39,000 +39,000
Egypt 1,300,000 1,300,000
Honduras 1,000 -1,000
Indonesia 20,000 20,000
Enduring 20,000 10,000 -10,000
OCO 10,000 +10,000
Iraq 1,000,000 900,000 -100,000
Enduring
OCO 1,000,000 900,000 -100,000

Israel 3,075,000 3,075,000
Jordan 300,000 300,000
Lebanon 100,000 100,000
Philippines 15,000 30,000 +15,000
Enduring 15,000 15,000
OCO 15,000 +15,000
Yemen 35,000 33,400 -1,600
Enduring 35,000 8,400 -26,600
OCO 25,000 +25,000

FMF Admin Cost [DSCA] 62,800 62,800
Unallocated FMF 598,663 473,200 -125,463
Total, FMF 6,550,463 6,335,000 -215,463
Total FMF, Enduring 5,550,463 5,346,000 -204,463
Total FMF, OCO 1,000,000 989,000 -11,000
-------------------------------------------------------------------------------------------
TITLE V

MULTILATERAL ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

Appropriations, 2011

$354,290,000
Budget estimate, 2012
348,705,000
Committee recommendation
352,950,000

The Committee recommends $352,950,000 for International Organizations and Programs.

Inter-American Commission on Human Rights- The Committee notes the invaluable role of the IACHR in providing justice for victims of human rights violations and protecting fundamental freedoms in the Western Hemisphere, where many local justice systems are antiquated, under-funded, and compromised by corruption. The Committee is concerned with reports of efforts at the OAS to weaken the authority of the IACHR in ways that would limit its autonomy and effectiveness, and recommends $1,500,000 for a U.S. voluntary contribution to the IACHR in fiscal year 2012.

TITLE VIII

OVERSEAS CONTINGENCY OPERATIONS

The Committee recommends a total of $8,702,787,000 for overseas contingency operations for the Department of State, USAID, and related agency.

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

Appropriations, 2011
...........................
Budget estimate, 2012
...........................
Committee recommendation
$150,000,000

The Committee recommends $150,000,000 for International Disaster Assistance to support contingency operations including in Afghanistan, Pakistan, Colombia, Yemen, and Somalia.

TRANSITION INITIATIVES

Appropriations, 2011
...........................
Budget estimate, 2012
...........................
Committee recommendation
$3,500,000

The Committee recommends $3,500,000 for Transition Initiatives to support contingency operations including in Afghanistan, Pakistan, Yemen, Libya, and Colombia.

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

Appropriations, 2011
...........................
Budget estimate, 2012
...........................
Committee recommendation

$100,000,000

The Committee recommends $100,000,000 for Migration and Refugee Assistance to support contingency operations including in Afghanistan, Pakistan, Iraq, Colombia, Somalia, Kenya, and Yemen.

INTERNATIONAL SECURITY ASSISTANCE

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

Appropriations, 2011
...........................
Budget estimate, 2012

$1,000,000,000
Committee recommendation
1,163,000,000

The Committee recommends $1,163,000,000 for International Narcotics Control and Law Enforcement to support contingency operations including in Iraq, Somalia, Yemen, Mexico, and Colombia.

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

Appropriations, 2011

...........................
Budget estimate, 2012
$1,000,000,000
Committee recommendation
989,000,000

The Committee recommends $989,000,000 for Foreign Military Financing Program to support contingency operations including in Iraq, Libya, Yemen, Philippines, Indonesia, and Colombia.

COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE SENATE

Paragraph 12 of rule XXVI requires that Committee report on a bill or joint resolution repealing or amending any statute or part of any statute include `(a) the text of the statute or part thereof which is proposed to be repealed; and (b) a comparative print of that part of the bill or joint resolution making the amendment and of the statute or part thereof proposed to be amended, showing by stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which would be made by the bill or joint resolution if enacted in the form recommended by the Committee.'

In compliance with this rule, the following changes in existing law proposed to be made by the bill are shown as follows: existing law to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman.

* * * * * * *

FOREIGN ASSISTANCE ACT, 1961, PUBLIC LAW 87-195

* * * * * * *

[Struck out->][ SEC. 495G. SPECIAL CARIBBEAN HURRICANE RELIEF ASSISTANCE- The President is authorized to furnish assistance, on such terms and conditions as he may determine, for disaster relief and reconstruction in the Caribbean to assist in alleviating the human suffering caused by recent hurricanes in that region. In addition to amounts otherwise available for such purposes, there is authorized to be appropriated for purposes of this section $25,000,000 for the fiscal year 1980, which amount is authorized to remain available until expended. Assistance under this section shall be provided in accordance with the policies and general authorities contained in section 491. ][<-Struck out]
[Struck out->][ SEC. 495G. SPECIAL CARIBBEAN HURRICANE RELIEF ASSISTANCE- The President is authorized to furnish assistance, on such terms and conditions as he may determine, for disaster relief and reconstruction in the Caribbean to assist in alleviating the human suffering caused by recent hurricanes in that region. In addition to amounts otherwise available for such purposes, there is authorized to be appropriated for purposes of this section $25,000,000 for the fiscal year 1980, which amount is authorized to remain available until expended. Assistance under this section shall be provided in accordance with the policies and general authorities contained in section 491. ][<-Struck out]
SEC. [Struck out->][ 620J. ][<-Struck out] 620M LIMITATION ON ASSISTANCE TO SECURITY FORCES.

[ evidence ]

information

[ gross violations ]

a gross violation

[ measures ]

steps

* * * * * * *

(c) * * *

* * * * * * *

(d) CREDIBLE INFORMATION- Not later than 180 days after the enactment of this section, the Secretary shall establish, and periodically update, procedures to--

(1) ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance; and

(2) facilitate the receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units;

(3) routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;

(4) ensure that such information is evaluated and preserved;

(5) ensure that when vetting an individual for eligibility to receive United States training the individual's unit is also vetted;

(6) seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and

(7) make publicly available, to the maximum extent practicable, the identity of those units which may receive United States assistance for which the Secretary has credible information.

(e) The Secretary shall provide a copy of the procedures to the Committees on Appropriations.

* * * * * * *
-
EMERGENCY SUPPLEMENTAL ACT, 2000, PUBLIC LAW 106-246

[Struck out->][ Sec. 3203. REPORT ON EXTRADITION OF NARCOTICS TRAFFICKERS- (a) Not later than 6 months after the date of the enactment of this title, and every 6 months thereafter, during the period Plan Colombia resources are made available, the Secretary of State shall submit to the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and the Committee on International Relations, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives a report setting forth-- ][<-Struck out]

[ (1) a list of the persons whose extradition has been requested from any country receiving counternarcotics assistance from the United States, indicating those persons who-- ]

[ (A) have been surrendered to the custody of United States authorities; ]

[ (B) have been detained by the authorities and who are being processed for extradition; ]

[ (C) have been detained by the authorities and who are not yet being processed for extradition; or ]

[ (D) are at large; ]

[ (2) a determination whether authorities of each country receiving counternarcotics assistance from the United States are making good faith efforts to ensure the prompt extradition of each of the persons sought by United States authorities; and ]

[ (3) an analysis of-- ]

[ (A) any legal obstacles in the laws of each country receiving counternarcotics assistance from the United States regarding prompt extradition of persons sought by United States authorities; and ]

[ (B) the steps taken by authorities of the United States and the  authorities of each country receiving counternarcotics assistance from the United States to overcome such obstacles. ]

(a) LIMITATION ON SUPPORT FOR PLAN COLOMBIA-

* * * * * * *

[ (f) BIMONTHLY REPORTS- 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. ]

-
FOREIGN RELATIONS AUTHORIZATION ACT, 2003, PUBLIC LAW 107-228

[ SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA. ]

[ (a) REPORT ON REFORM ACTIVITIES- ]

[ (1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the status of activities funded or authorized, in whole or in part, by the Department or the Department of Defense in Colombia to promote alternative development, recovery and resettlement of internally displaced persons, judicial reform, the peace process, and human rights. ]

[ (2) CONTENTS- Each such report shall contain the following: ]

[ (A) A summary of activities described in paragraph (1) during the previous 12-month period. ]

[ (B) An estimated timetable for the conduct of such activities in the subsequent 12-month period. ]

[ (C) An explanation of any delay in meeting timetables contained in the previous report submitted in accordance with this subsection. ]

[ (D) An assessment of steps to be taken to correct any delays in meeting such timetables. ]

[ (b) REPORT ON CERTAIN COUNTERNARCOTICS ACTIVITIES- ]

[ (1) DECLARATION OF POLICY- It is the policy of the United States to encourage the transfer of counternarcotics activities carried out in Colombia by United States businesses that have entered into agreements with the Department or the Department of Defense to conduct such activities, to Colombian nationals, in particular personnel of the Colombian antinarcotics police, when properly qualified personnel are available. ]

[ (2) REPORT- Not later than 180 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the activities of United States businesses that have entered into agreements in the previous 12-month period with the Department or the Department of Defense to carry out  counternarcotics activities in Colombia. ]

[ (3) CONTENTS- Each such report shall contain the following: ]

[ (A) The name of each United States business described in paragraph (2) and description of the counternarcotics activities carried out by the business in Colombia. ]

[ (B) The total value of all payments by the Department and the Department of Defense to each such business for such activities. ]

[ (C) A written statement justifying the decision by the Department and the Department of Defense to enter into an agreement with each such business for such activities. ]

[ (D) An assessment of the risks to personal safety and potential involvement in hostilities incurred by employees of each such business as a result of their activities in Colombia. ]

[ (E) A plan to provide for the transfer of the counternarcotics activities carried out by such United States businesses to Colombian nationals, in particular personnel of the Colombian antinarcotics police. ]

[ (4) DEFINITION- In this subsection, the term `United States business' means any person (including any corporation, partnership, or other organization) that is subject to the jurisdiction of the United States or organized under the laws of the United States, but does not include any person (including any corporation, partnership, or other organization) that performs contracts involving personal services. ]

* * * * * * *

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Sec. 7046. (a) FUNDING-

* * * * * * *

(b) ASSISTANCE FOR THE ARMED FORCES-

(1) FUNDING- * * *

(A) * * *

(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 Government of Colombia is suspending, and investigating and prosecuting in the civilian justice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed violations of internationally recognized human rights, including extra-judicial killings, or to have aided, abetted or benefited from paramilitary organizations or successor armed groups, and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases. ]

(i) The Colombian Armed Forces are suspending those members, of whatever rank, who have been credibly alleged to have violated internationally recognized human rights, or to have aided, abetted or benefited from paramilitary organizations or successor armed groups; all such cases are promptly referred to civilian jurisdiction for investigation and prosecution, and the Colombian Armed Forces are no longer opposing civilian judicial jurisdiction in such cases; and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities.

* * * * * * *

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

(iv) The Government of Colombia is respecting 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 the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants, in their operations.

[ July 31, 2011 ]

July 31, 2012

* * * * * * *

[ September 30, 2011 ]

September 30, 2012

(d) ASSISTANCE FOR REINTEGRATION OF FORMER COMBATANTS-

[ 17,769,000 ]

18,000,000

[ fiscal year 2011 ]

fiscal year 2012

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Senate Committee on Appropriations Report on S. 1601 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012