Supplemental Appropriations Act, 2008
110TH CONGRESS
Report
HOUSE OF REPRESENTATIVES
2d Session
110-636
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 2642) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, AND FOR OTHER PURPOSES
MAY 14, 2008- Referred to the House Calendar and ordered to be printed
Ms. SLAUGHTER, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1197]
The Committee on Rules, having had under consideration House Resolution 1197, by a record vote of 7 to 2, report the same to the House with the recommendation that the resolution be adopted.
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF STATE
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for `Economic Support Fund', $1,747,000,000, to remain available until September 30, 2009, of which not more than $440,000,000 may be made available for assistance for Iraq, $150,000,000 shall be made available for assistance for Jordan to meet the needs of Iraqi refugees, and up to $53,000,000 may be available for energy-related assistance for North Korea, notwithstanding any other provision of law: Provided, That not more than $100,000,000 of the funds appropriated under this heading shall be made available for assistance for the West Bank and none of such funds shall be for cash transfer assistance: Provided further, That of the funds appropriated under this heading, $1,000,000 shall be made available for the Office of the United Nations High Commissioner for Human Rights in Mexico: Provided further, That the funds made available under this heading for energy-related assistance for North Korea may be made available to support the goals of the Six Party Talks Agreements after the Secretary of State determines and reports to the Committees on Appropriations that North Korea is continuing to fulfill its commitments under such agreements.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for `International Narcotics Control and Law Enforcement', $419,300,000, to remain available until September 30, 2009: Provided, That not more than $25,000,000 of the funds appropriated by this subchapter shall be made available for security assistance for the West Bank.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for `Nonproliferation, Anti-Terrorism, Demining and Related Programs', $11,200,000, to remain available until September 30, 2009.
Military Assistance
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for `Foreign Military Financing Program', $72,500,000, to remain available until September 30, 2009, of which up to $66,500,000 shall be made available for assistance for Mexico.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2009
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for `International Narcotics Control and Law Enforcement', $204,500,000, which shall become available on October 1, 2008 and remain available through September 30, 2009: Provided, That not more than $50,000,000 of the funds made available by this subchapter shall be made available for security assistance for the West Bank and up to $53,500,000 shall be made available for assistance for Mexico.
Military Assistance
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for `Foreign Military Financing Program', $170,000,000, which shall become available on October 1, 2008 and remain available through September 30, 2009, of which $100,000,000 shall be made available for assistance for Jordan and up to $50,000,000 shall be made available for assistance for Mexico: Provided, That section 3802(c) of title III, chapter 8 of Public Law 110-28 shall apply to funds made available under this heading for assistance for Lebanon.
MEXICO
Sec. 1404. (a) Assistance for Mexico- Of the funds appropriated under the headings `International Narcotics Control and Law Enforcement', `Foreign Military Financing Program', and `Economic Support Fund' in this chapter, not more than $296,500,000 of the funds appropriated in subchapter A and $103,500,000 of the funds appropriated in subchapter B shall be made available for assistance for Mexico, only to combat drug trafficking and related violent crime, and for judicial reform, institution building, and rule of law activities, of which not less than $73,500,000 shall be used for judicial reform, institution building, and rule of law activities: Provided, That none of the funds made available under this section shall be made available for budget support or as cash payments: Provided further, That none of the funds made available under this section shall be available for obligation until the Secretary of State determines and reports to the Committees on Appropriations that vetting procedures are in place to ensure that relevant members and units of the Mexican armed forces and police forces that may receive assistance pursuant to this section have not been involved in human rights violations or corrupt acts.
(b) Allocation of Funds- 25 percent of the funds made available by this chapter for assistance for Mexico under the headings `International Narcotics Control and Law Enforcement' and `Foreign Military Financing Program' shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations on the requirements described in subsection (c).
(c) Requirements- The requirements referred to in subsection (b) are the following:
(1) The Government of Mexico is--
(A) improving the transparency and accountability of Federal police forces and engaging with state and municipal authorities to improve the transparency and accountability of state and municipal police forces through mechanisms such as police complaints commissions;
(B) ensuring meaningful engagement with civil society to monitor efforts to combat drug trafficking and related violent crime, judicial reform, institution building, and rule of law activities to ensure due process and the protection of freedom of expression, association, and assembly in accordance with Mexican and international law; and
(C) ensuring that, in accordance with applicable Mexican law, the Mexican armed forces and the Federal police forces are cooperating with civilian prosecutors and judicial authorities in investigating and prosecuting in the civilian justice system those individuals, including military personnel, who have been credibly alleged under Mexican law to have committed violations of internationally recognized human rights, and, consistent with Mexican and international law, is vigorously enforcing the prohibition on the use of testimony obtained through torture or other ill-treatment.
(2) The Federal Public Security Secretary and the Minister of Defense, respectively, in accordance with applicable Mexican law, are suspending or placing on administrative duty, those members of the Federal police and armed forces who have been credibly alleged under Mexican law, to have committed violations of internationally recognized human rights or participated in corrupt acts and have established policies that reward respect for human rights, in particular regarding the use of force.
(3) The Attorney General and other relevant authorities of the Mexican Government are investigating and prosecuting members of the Mexican armed forces and police forces who have been credibly alleged under Mexican law to have committed violations of internationally recognized human rights.
(d) Exception- Notwithstanding subsections (b) and (c), of the funds appropriated by subchapter A for assistance for Mexico under the heading `International Narcotics Control and Law Enforcement', $3,000,000 shall be made available for technical and other assistance to enable the Government of Mexico to implement a unified national registry encompassing Federal, state, and municipal police officials, and $5,000,000 may be made available to the Bureau of Alcohol, Tobacco, Firearms and Explosives to deploy special agents in Mexico to support Mexican law enforcement agencies in tracing seized firearms and investigating firearms trafficking cases: Provided, That section 484(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a)) shall not apply with respect to assistance for Mexico made available by this chapter.
(e) Report- The report required in subsection (b) shall include a description of actions taken with respect to each requirement specified in subsection (c) and the cases or issues brought to the attention of the Secretary of State for which the response or action taken has been inadequate.
(f) Vetting- Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report, in classified form if necessary, detailing the procedures used to vet Mexican armed forces and police forces for eligibility to receive assistance under this section.
(g) Notification- Funds made available for Mexico by this chapter 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).
(h) Spending Plan- Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for Mexico by this chapter, which shall include a strategy for combating drug trafficking and related violent crime, judicial reform, institution building, and rule of law activities, with concrete goals, actions to be taken, budget proposals, and anticipated results.
(i) Consultation- Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until September 30, 2010, the Secretary of State shall consult with Mexican and internationally recognized human rights organizations on progress in meeting the requirements described in subsection (c).
CENTRAL AMERICA
Sec. 1405. (a) Assistance for the Countries of Central America- Of the funds appropriated in subchapter A under the headings `International Narcotics Control and Law Enforcement', `Foreign Military Financing Program', `Nonproliferation, Anti-Terrorism, Demining and Related Programs', and `Economic Support Fund', $61,500,000 shall be made available for assistance for the countries of Central America, Haiti, and the Dominican Republic only to combat drug trafficking and related violent crime, and for judicial reform, institution building, rule of law activities, and maritime security: Provided, That of the funds appropriated under the heading `Economic Support Fund', $15,000,000 shall be made available through the United States Agency for International Development for an Economic and Social Development Fund for the countries of Central America: Provided further, That of the funds appropriated under the heading `International Narcotics Control and Law Enforcement', $2,500,000 shall be made available for assistance for Haiti and $2,500,000 shall be made available for assistance for the Dominican Republic: Provided further, That none of the funds shall be made available for budget support or as cash payments: Provided further, That none of the funds shall be available for obligation until the Secretary of State determines and reports to the Committees on Appropriations that vetting procedures are in place to ensure that Federal and municipal police forces and the armed forces of the countries of Central America that may receive assistance pursuant to this section have not been involved in human rights violations or corrupt acts.
(b) Allocation of Funds- (1) Up to 75 percent of the funds appropriated under the headings `International Narcotics Control and Law Enforcement' and `Foreign Military Financing Program' in subchapter A that are available for assistance for the countries of Central America may be obligated prior to the certification and report by the Secretary of State required in paragraph (2).
(2) The balance of the funds may be obligated not less than 120 days after the date of the enactment of this Act if, before such obligation, the Secretary of State determines and reports to the Committees on Appropriations that the requirements in subsection (c) have been met.
(c) Requirements- The requirements referred to in subsection (b)(2) are the following:
(1) The International Law Enforcement Academy (ILEA) in San Salvador, El Salvador is establishing a vetting procedure for police and other public security officials attending programs at the ILEA.
(2) The countries of Central America are--
(A) vetting members and units of Federal and municipal police forces and the armed forces that may receive assistance to ensure such members and units have not been involved in human rights violations or corrupt acts;
(B) strengthening law enforcement capabilities, developing effective systems information exchange, improving demand reduction, and expanding public education, prevention, and treatment programs;
(C) improving controls on chemical precursors;
(D) adopting and implementing reforms that improve the capacity and protect the independence of the judiciary;
(E) reforming criminal procedures to ensure due process and training Federal and municipal police leadership in modern policing to curb police abuses;
(F) targeting organizational structures and financial and other assets of drug cartels;
(G) taking steps to curb corruption in law enforcement agencies; and
(H) suspending, prosecuting, and punishing members of the police forces who have been credibly alleged to have committed violations of human rights and corrupt acts, and establishing policies for members of such forces that reward respect for human rights, in particular regarding the use of force.
(d) Report- The report required in subsection (b)(2) shall include actions taken with respect to each requirement and the cases or issues brought to the attention of the Secretary for which the response or action taken has been inadequate.
(e) Vetting- Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations, in classified form if necessary, detailing the procedures used by the Government of the United States to vet the Federal and municipal police and the armed forces of the countries of Central America for eligibility to receive assistance under this section.
(f) Notification- Funds made available for the countries of Central America in subchapter A 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).
(g) Spending Plan- Not later than 45 days after enactment of this Act the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for the countries of Central America, Haiti and the Dominican Republic in subchapter A, which shall include a strategy for combating drug trafficking and related violent crime, judicial reform, institution building, and rule of law activities, with concrete goals, actions to be taken, budget proposals and anticipated results.
(h) Consultation- Not later than 90 days after the date of enactment of this Act and every 120 days thereafter until September 30, 2010, the Secretary of State shall consult with internationally recognized human rights organizations, and human rights organizations in the countries of Central America receiving assistance pursuant to this section, on progress in meeting the requirements described in subsection (c).
(i) Definition- For the purposes of this section, the term `countries of Central America' means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.
RESCISSIONS
Sec. 1407. (a) World Food Program- (1) For an additional amount for a contribution to the World Food Program to assist farmers in countries affected by food shortages to increase crop yields, notwithstanding any other provision of law, $20,000,000, to remain available until expended.
(2) Of the funds appropriated under the heading `Andean Counterdrug Initiative' in prior Acts making appropriations for foreign operations, export financing, and related programs, $20,000,000 are rescinded.
(b) Sudan- (1) For an additional amount for `International Narcotics Control and Law Enforcement', $10,000,000, for assistance for Sudan to support formed police units, to remain available until September 30, 2009, and subject to prior consultation with the Committees on Appropriations.
(2) Of the funds appropriated under the heading `International Narcotics Control and Law Enforcement' in prior Acts making appropriations for foreign operations, export financing, and related programs, $10,000,000 are rescinded.
(c) Section 8002 of this Act shall not apply to this section.