Appropriations for Department of State and Other International Programs, Fiscal Year 2009

This is from the White House's suggested legislative text for the 2009 foreign aid appropriation (PDF). It suggests changes to the text of the 2008 foreign aid bill. Sections the White House wishes to delete are indicated by square brackets [ ].

DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS

INTERNATIONAL COMMISSIONS

Federal Funds

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

INTERNATIONALBOUNDARYANDWATERCOMMISSION, UNITED STATESANDMEXICO

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

SALARIESANDEXPENSES

For salaries and expenses, not otherwise provided for, [$30,430,000] $32,256,000. (Department of State, Foreign Operations and Related Programs Appropriations Act, 2008.)

Pursuant to treaties between the United States and Mexico and U.S. law, the U.S. Section of the International Boundary and Water Commission is charged with the identification and solution of boundary and water problems arising along the 1,952-mile common border, including the southern borders of Texas, New Mexico, Arizona, and California. Administra- tion, Engineering, and Operations and Maintenance activities are also funded by the Salaries and Expenses appropriation. Administration.—Resources under this heading provide for: negotiations and supervision of joint projects with Mexico to solve international boundary, water, and environmental prob- lems; overall control of the operation of the U.S. section of the Commission; formulation of operating policies and proce- dures; and, financial management and administrative services to carry out international obligations of the United States, pursuant to treaty and congressional authorization. Engineering.—Resources under this heading provide for: a) technical engineering guidance and supervision of planning, construction, operation and maintenance, and environmental monitoring and compliance of international projects; b) studies relating to international problems of a continuing nature; and, c) preliminary surveys and investigations to determine the need for and feasibility of projects for the solution of inter- national problems arising along the boundary.

Operation and maintenance (O&M).—This activity finances the measurement and determination of the national owner- ship of boundary waters and the distribution thereof, as well as the U.S. part of the operations and maintenance of sanita- tion facilities, river channel and levee projects, flood control dams and hydroelectric power, gauging stations, water quality control projects and boundary demarcation, monuments, and markers. Reimbursements are received from Mexico for O&M costs of the South Bay and Nogales International Wastewater Treatment Plants as well as from the City of Nogales for O&M at Nogales. Other reimbursements are received from the Western Area Power Administration, U.S. Department of Energy, for O&M and capital costs of hydroelectric genera- tion at Falcon and Amistad International Dams.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

(INCLUDINGTRANSFEROFFUNDS)

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, [$558,449,000] $1,202,061,000, to remain available until September 30, [2010] 2011, of which up to $50,000,000 may be transferred to, and merged with, funds appro- priated under the headings ‘‘Foreign Military Financing’’ and ‘‘Non- proliferation, Antiterrorism, Demining and Related Programs’’, if such transfer is deemed necessary to support the Merida Initiative: Pro- vided, That during fiscal year [2008] 2009, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess prop- erty from an agency of the United States Government for the purpose of providing it to a foreign country or international organization under chapter 8 of part I of that Act [subject to the regular notifica- tion procedures of the Committees on Appropriations: Provided fur- ther, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enact- ment of this Act and prior to the initial obligation of funds appro- priated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each pro- posed program, project, or activity: Provided further, That none of the funds provided under this heading for counter narcotics activities in Afghanistan shall be made available for eradication programs through the aerial spraying of herbicides: Provided further, That of the funds appropriated under this heading, not less than $39,750,000 shall be made available for judicial, human rights, rule of law and related activities for Colombia, of which not less than $20,000,000 shall be made available for the Office of the Attorney General, of which $5,000,000 shall be for the Human Rights Unit, $5,000,000 shall be for the Justice and Peace Unit, $7,000,000 shall be used to support a witness protection program for victims of armed groups, and $3,000,000 shall be for investigations of mass graves and identi- fication of remains: Provided further, That of the funds appropriated under this heading that are available for assistance for Colombia, $8,000,000 shall be available for human rights activities, $5,500,000 shall be available for judicial reform, $3,000,000 shall be for the Office of the Procuraduria General de la Nacion, $2,000,000 shall be for the Office of the Defensoria del Pueblo, and $750,000 should be made available for a United States contribution to the Office of the United Nations High Commissioner for Human Rights in Co- lombia to support monitoring and public reporting of human rights conditions in the field: Provided further, That of the funds appro- priated under this heading, not more than $38,000,000 may be avail- able for administrative expenses]. (Department of State, Foreign Op- erations and Related Programs Appropriations Act, 2008.)

This appropriation provides assistance to foreign countries and international organizations to help them develop and im- plement policies and programs that strengthen institutional counterdrug law enforcement and judicial capabilities to con- trol illegal drug production, processing, and trafficking. This appropriation also provides assistance for anti-crime programs and the Merida Initiative for Mexico and Central America.

ANDEAN COUNTERDRUG PROGRAMS

[(INCLUDINGTRANSFEROFFUNDS)]

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Ande- an region of South America, [$327,460,000] $406,757,000, to remain available until September 30, [2010: Provided, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Commit- tees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity] 2011: Provided [further], That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: [Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign As- sistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations:] Pro- vided further, That funds made available to the Department of State for assistance to the Government of Colombia in this Act or prior Acts may be used, notwithstanding any other provision of law, to support a unified campaign against narcotics trafficking and [organi- zations designated as Foreign Terrorist Organizations] terrorist ac- tivities, [and] to take actions to protect human health and welfare in emergency circumstances, [including undertaking rescue oper- ations: Provided further, That this authority shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore gov- ernment authority and respect for human rights in areas under the effective control of paramilitary organizations, illegal self-defense groups, illegal security cooperatives, or other criminal, guerrilla or successor armed groups or organizations: Provided further, That the President shall ensure that if any helicopter procured with funds in this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, is used to aid or abet the operations of any illegal self-defense group, paramilitary organization, illegal security cooperative or successor organizations in Colombia, such helicopter shall be immediately returned to the United States] and to address other threats to Colombia’s national security: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States will partici- pate 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 this heading for assistance for Colombia may be used for aerial or manual drug eradication and interdiction including to transport per- sonnel and supplies and to provide security for such operations, and to provide transport in support of alternative development programs and investigations of cases under the jurisdiction of the Attorney General, the Procuraduria General de la Nacion, and the Defensoria del Pueblo: Provided further, That of the funds appropriated under this heading that are available for Colombia, up to $2,500,000 shall be transferred to, and merged with, funds appropriated under the heading ‘‘Foreign Military Financing Program’’ and shall be made available only for assistance for the Colombian Armed Forces to pro- vide security for manual eradication programs and up to $2,500,000 shall be transferred to, and merged with, funds appropriated under the heading ‘‘International Narcotics Control and Law Enforcement’’ and shall be made available only for assistance for the Colombian National Police to provide security for manual eradication programs: Provided further, That of the funds available for the Colombian na- tional police for the procurement of chemicals for aerial coca and poppy eradication programs, not more than 20 percent of such funds may be made available for such eradication programs unless the Secretary of State certifies to the Committees on Appropriations that: (1) the herbicide is being used in accordance with EPA label require- ments for comparable use in the United States and with Colombian laws; and (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment including endemic species: Provided further, That such funds may not be made available unless the Secretary of State cer- tifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such aerial eradication are thor- oughly evaluated and fair compensation is being paid in a timely manner for meritorious claims: Provided further, That the Secretary shall submit a report to the Committees on Appropriations detailing all claims, evaluations, and compensation paid during the twelve month period prior to the date of enactment of this Act: Provided further, That such funds may not be made available for such purposes unless programs are being implemented by United States Agency for International Development, the Government of Colombia, or other organizations, in consultation and coordination with local commu- nities, to provide alternative sources of income in areas where secu- rity permits for small-acreage growers and communities whose illicit crops are targeted for aerial eradication: Provided further, That none of the funds appropriated by this Act shall be made available for the cultivation or processing of African oil palm, if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appro- priated by this Act may be used for aerial eradication in Colombia’s national parks or reserves only if the Secretary of State certifies to the Committees on Appropriations on a case-by-case basis that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws: Provided further, That funds appropriated under this heading that are made available for assist- ance for the Bolivian military and police may be made available for such purposes only if the Secretary of State certifies to the Com- mittees on Appropriations that the Bolivian military and police are respecting human rights and cooperating fully with investigations and prosecutions by civilian judicial authorities of military and police personnel who have been implicated in gross violations of human rights: Provided further, That of the funds appropriated under this heading, not more than $17,000,000 may be available for administra- tive expenses of the Department of State, and not more than $7,800,000 may be available, in addition to amounts otherwise avail- able for such purposes, for administrative expenses of the United States Agency for International Development]. (Department of State, Foreign Operations and Related Programs Appropriations Act, 2008.)

This account has funded U.S. assistance to Plan Colombia and follow-on activities since 2000. These funds supported the Colombian Army’s push into southern Colombia in sup- port of the Colombian National Police, enhanced drug inter- diction in Colombia and the region, increased support to the Colombian National Police, provided for economic develop- ment in Colombia and the Andean region, and boosted Colom- bia’s local and national government capacity. In 2009, the funds will support counterdrug and Plan Colombia follow- on activities, economic development, and democratic institu- tion building efforts in countries of Latin America, including: Colombia, Peru, Bolivia, Ecuador, Brazil, and Panama. This assistance is part of an ongoing, comprehensive, regional ef- fort to stem the flow of drugs from the Andes into the United States and to support regional stability. Counternarcotics al- ternative development programs are being requested in the Economic Support Fund and the Development Assistance ac- count.

INTERNATIONAL SECURITY ASSISTANCE

Federal Funds

OTHERBILATERALECONOMICASSISTANCE

ECONOMICSUPPORTFUND

(INCLUDINGTRANSFEROFFUNDS)

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, [$2,994,823,000] $3,153,743,000, to remain available until September 30, [2009] 2010: … Provided further, That of the funds appropriated under this heading, $196,000,000 shall be apportioned directly to the United States Agency for International Development (USAID) for alternative development/institution build- ing and sustainable development programs in Colombia and may be transferred to, and merged with, funds appropriated under the heading ‘‘Development Assistance’’ to continue programs administered by USAID: Provided further, That with respect to funds apportioned to USAID for programs in Colombia under this heading, the responsi- bility for policy decisions for the use of such funds, including which activities will be funded and the amount of funds that will be pro- vided for each of those activities, shall be the responsibility of the Administrator of USAID in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs: … Provided further, That funds made available for alternative development programs may be made available notwithstanding section 660 of the Foreign Assistance Act of 1961. (Department of State, Foreign Operations and Related Pro- grams Appropriations Act, 2008.)

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDINGTRANSFEROFFUNDS)

For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, [$4,588,325,000] $4,812,000,000: … Provided further, That of the funds appropriated under this heading, not more than $53,000,000 shall be available for Colombia, of which $5,000,000 should be made available for medical and rehabilitation assistance, removal of landmines, and to enhance communications capabilities:

… [Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 615 of this Act: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Sudan: Provided further, That none of the funds appro- priated under this heading may be made available for assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh, Phil- ippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Demo- cratic Republic of the Congo except pursuant to the regular notifica- tion procedures of the Committees on Appropriations:]

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, [$85,877,000] $90,500,000, of which up to $3,000,000 may remain available until expended: Pro- vided, That [funds appropriated under this heading shall not be available for Equatorial Guinea: Provided further, That] the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil- military relations, civilian control of the military, or respect for human rights[: Provided further, That funds appropriated under this heading that are made available for assistance for Angola, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Guinea, Libya, and Nepal may be made available only for expanded international mili- tary education and training: Provided further, That funds made avail- able under this heading in the second proviso and for assistance for Haiti, Guatemala, the Democratic Republic of the Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and Nigeria may only be provided through the regular notification procedures of the Com- mittees on Appropriations and any such notification shall include a detailed description of proposed activities]. (Department of State, Foreign Operations and Related Programs Appropriations Act, 2008.

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

The Inter-American Development Bank (IDB) promotes sus- tainable economic growth and productivity, poverty reduction, private sector development, and good governance in Latin America and the Caribbean through loans and technical as- sistance.

During 2007, IDB approved $8.9 billion in loans. Since its inception, the IDB has approved a total of $154 billion.

IDB provides financing through: 1) the Ordinary Capital window that lends at market-based rates; and, 2) the Fund for Special Operations (FSO), which provides financing on concessional terms to the region’s poorest nations.

No request is being made for the IDB or FSO in 2009.

The Inter-American Investment Corporation (IIC), estab- lished in 1984, is a member of the Inter-American Develop- ment Bank Group, whose purpose is to promote development of private small and medium sized enterprises (SMEs) in Latin America and the Caribbean. It is a legally autonomous entity whose resources and management are separate from those of the Inter-American Development Bank itself. Through direct loans and equity investments in SMEs as well as through lending to private financial intermediaries, IIC helps SMEs in the region to access the medium/long- term capital necessary to start-up, expand, or modernize their operations.

During 2007, IIC approved 60 projects totaling $494.5 mil- lion. Since its inception, the IIC has approved 495 projects for a total amount of $3.08 billion.

There is no request for new scheduled annual commitments for the IIC.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral Invest- ment Fund by the Secretary of the Treasury, for the United States contribution to the fund, $25,000,000, to remain available until ex- pended. (Department of State, Foreign Operations and Related Pro- grams Appropriations Act, 2008.)

The Multilateral Investment Fund (MIF), administered by the Inter-American Development Bank, provides grants and loans to support private-sector development and finance and labor sector reforms in Latin America and the Caribbean. Special consideration is given to reforms that encourage pri- vate foreign direct investment and promote privatization. Grants and loans are used for technical assistance to identify and resolve investment constraints, for investment in human capital, and for business infrastructure and development.

During 2007, MIF approved 127 projects totaling $134 mil- lion. Since its inception in 1992, MIF has approved 1,057 projects, of which the MIF contribution totaled more than $1.421 billion.

The United States made a commitment to MIF in 1992 amounting to $500 million. Negotiations were completed in early 2005 for the first replenishment of MIF with a United States commitment of $150 million to be paid in six equal annual installments. The United States achieved its key ob- jectives in these negotiations: a strengthened commitment to measurable results, increasing efficiency, maintaining a focus on grants, allocating resources to maximize innovation, re- forming Inter-American Development Bank procurement, and instituting a sunset clause. Grant funding will be about 75 percent of all funding approvals.

For 2009, $25 million is requested for the third installment of the replenishment.

INTER-AMERICAN FOUNDATION

Federal Funds

INTER-AMERICANFOUNDATION

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, [$21,000,000] $20,000,000, to remain available until September 30, [2009] 2010. (Department of State, Foreign Operations and Related Programs Appropriations Act, 2008.)

The Inter-American Foundation (IAF) funds grassroots de- velopment initiatives designed by the organized poor in Latin America and the Caribbean. The IAF has carried out its man- date by responding with grant support to the most creative ideas for self-help received from grassroots groups and non- governmental organizations. The IAF uses objective indicators to gauge the results of its grants in improving the quality of life in poor communities and disseminates the experiences to a broad audience that includes private and public sector donors, development professionals, academics, and other in- terested parties. In 2009, the IAF will strive to leverage addi- tional resources for its grant program from local governments, private sector, beneficiary populations, and other donors as well as through an IAF-initiated network of Latin American businesses and corporate foundations committed to funding grassroots development.

Development Grants.—Grants are awarded directly to non- governmental organizations in Latin America and the Carib- bean to carry out development projects. In 2009, the IAF plans to award approximately 75 new grants and to supple- ment with additional funds approximately 20 grants awarded in previous years.

Leveraging of Resources.—IAF grantees are required to con- tribute to their projects, encouraged to partner with local governments, and urged to mobilize funds to sustain their impact after the grant period. RedEAmerica, a network of the hemisphere’s corporate foundations that have adopted the IAF’s bottom-up approach, invests its funds in self-help pro- grams. RedEAmerica members that are parties to the IAF cooperative agreements match IAF funding two-to-one; the entire network raises contributions from a variety of sources. Additionally, U.S based migrant associations are joining the IAF to support grassroots development in their home commu- nities.

Evaluations and Other Activities.—Each year the progress of all IAF grantees is routinely assessed and a sample of completed projects undergoes comprehensive evaluation. The IAF also produces and distributes regularly scheduled publi- cations on its projects, on trends in development, and on other topics of interest to the development profession.

Program Management and Operation.—The IAF also man- ages resources that cover salaries and benefits, travel, reim- bursable service agreements with other U.S. government agencies, rent, service contracts, and other support costs.

GENERAL PROVISIONS

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES SEC. [607] 604. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, North Korea, Iran, or Syria, unless the President determines that assistance to such countries is in the national interest of the United States: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, iantees of the Export-Import Bank or its agents.

[COLOMBIA] [SEC. 649. (a) ASSISTANCE FOR COLOMBIA.—Of the funds appro- priated in titles III and IV of this Act, not more than $545,608,000 shall be available for assistance for Colombia.

(b) FUNDINGAMOUNTSANDNOTIFICATION.—Funds appropriated by this Act that are available for assistance for Colombia shall be made available in the amounts indicated in the table in the accompanying explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) and any proposed increases or decreases to the amounts contained in such table shall be subject to the regular notification procedures of the Committees on Appro- priations.

(c) Assistance for the Colombian Armed Forces.-

(1) FUNDING.—Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made avail- able as follows:

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

(B) Up to 15 percent of such funds may be obligated only after the Secretary of State consults with, and subsequently cer- tifies and submits a written report to, the Committees on Appro- priations that the Government of Colombia is meeting the re- quirements described in paragraph (2).

(2) REQUIREMENTS.—The requirements referred to in paragraph (1) are as follows:

(A) The Commander General of the Colombian Armed Forces is suspending or placing on administrative duty, if requested by the prosecutor, those members of the Armed Forces, of what- ever rank, who, according to the Minister of Defense, the Attor- ney General or the Procuraduria General de la Nacion, have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abetted paramilitary organizations or successor armed groups.

(B) The Government of Colombia is investigating and pros- ecuting, in the civilian justice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abet- ted paramilitary organizations or successor armed groups.

(C) The Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases (includ- ing providing requested information, such as the identity of per- sons suspended from the Armed Forces and the nature and cause of the suspension, and access to witnesses, relevant military doc- uments, and other requested information).

(D) The Colombian Armed Forces have taken all necessary steps to sever links (including denying access to military intel- ligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation) at all levels, with paramilitary organizations or successor armed groups, especially in regions where such organizations have a significant presence.

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

(F) The Government of Colombia is ensuring that the Colom- bian Armed Forces are not violating the land and property rights of Colombia’s indigenous and Afro-Colombian communities, and that the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.

(3) The balance of such funds may be obligated after July 31, 2008, if, before such date, the Secretary of State consults with, and submits a written certification to, the Committees on Appro- priations that the Colombian Armed Forces are continuing to meet the requirements described in paragraph (2) and are conducting vigorous operations to restore civilian government authority and respect for human rights in areas under the effective control of paramilitary organizations or successor armed groups and guerrilla organizations.

(4) CERTAIN FUNDS EXEMPTED.—The requirement to withhold funds from obligation shall not apply with respect to funds made available under the heading ‘‘Andean Counterdrug Programs’’ 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.

(5) REPORT.—At the time the Secretary of State submits certifi- cations pursuant to paragraphs (1)(B) and (3) of this subsection, the Secretary shall also submit to the Committees on Appropria- tions a report that contains, with respect to each such paragraph, a detailed description of the specific actions taken by both the Colombian Government and Colombian Armed Forces which sup- port each requirement of the certification, and the cases or issues brought to the attention of the Secretary, including through the Department of State’s annual Country Reports on Human Rights Practices, for which the actions taken by the Colombian Govern- ment or Armed Forces have been determined by the Secretary of State to be inadequate.

(d) CONSULTATIVEPROCESS.—Not later than 60 days after the date of enactment of this Act, and every 90 days thereafter until Sep- tember 30, 2008, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations regarding progress in meeting the requirements contained in subsection (c)(2).

(e) Assistance for Demobilization and Disarmament of Former Com- batants in Colombia.-

(1) AVAILABILITYOF FUNDS.—Of the funds appropriated in this Act under the heading ‘‘Economic Support Fund’’, up to $11,442,000 may be made available in fiscal year 2008 for assistance for the disarmament, demobilization, and reintegration of former members of foreign terrorist organizations (FTOs) in Colombia, if the Sec- retary of State consults with and makes a certification described in paragraph (2) to the Committees on Appropriations prior to the initial obligation of amounts for such assistance for the fiscal year involved.

(2) CERTIFICATION.—A certification described in this subsection is a certification that—

(A) assistance for the fiscal year will be provided only for individuals who have: (i) verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal armed groups; (ii) are meeting all the requirements of the Colombia demobilization program, including having disclosed their involve- ment in past crimes and their knowledge of the FTO’s structure, financing sources, illegal assets, and the location of kidnapping victims and bodies of the disappeared; and (iii) are not involved in acts of intimidation or violence;

(B) the Government of Colombia is providing full cooperation to the Government of the United States to extradite the leaders and members of the FTOs who have been indicted in the United States for murder, kidnapping, narcotics trafficking, or other vio- lations of United States law, and is extraditing to the United States those commanders, leaders and members indicted in the United States who have breached the terms of the Colombian demobilization program, including by failing to fully confess their crimes, failing to disclose their illegal assets, or committing new crimes since the approval of the Justice and Peace Law;

(C) the Government of Colombia is not knowingly taking any steps to legalize the titles of land or other assets illegally ob- tained and held by FTOs, their associates, or successors, has established effective procedures to identify such land and other assets, and is seizing and returning such land and other assets to their rightful occupants or owners;

(D) the Government of Colombia is implementing a concrete and workable framework for dismantling the organizational structures of foreign terrorist organizations; and

(E) funds shall not be made available as cash payments to individuals and are available only for activities under the fol- lowing categories: verification, reintegration (including training and education), vetting, recovery of assets for reparations for victims, and investigations and prosecutions.

(f) ILLEGALARMEDGROUPS.—

(1) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMEDGROUPS.—Subject to paragraph (2), the Secretary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence—

(A) has willfully provided any support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), the United Self-Defense Forces of Colombia (AUC), or successor armed groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activi- ties of such groups; or

(B) has committed, ordered, incited, assisted, or otherwise par- ticipated in the commission of a gross violation of human rights, including extra-judicial killings, in Colombia.

(2) WAIVER.—Paragraph (1) 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 humani- tarian reasons.

(g) DEFINITIONS.—In this section:

(1) AIDEDORABETTED.—The term ‘‘aided or abetted’’ means to provide any support to paramilitary or successor armed groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups.

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary groups’’ means illegal self-defense groups and illegal security cooperatives, including those groups and cooperatives that have formerly demobi- lized but continue illegal operations, as well as parts thereof.

(3) FOREIGNTERRORIST ORGANIZATION.—The term ‘‘foreign ter- rorist organization’’ means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.]

[LIMITATIONONASSISTANCETOSECURITYFORCES]

[SEC. 651. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding the following section:

‘‘SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.

‘‘(a)INGENERAL.—No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights.

‘‘(b)EXCEPTION.—The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice.

‘‘(c)DUTYTOINFORM.—In the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall prompt- ly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign govern- ment in taking effective measures to bring the responsible members of the security forces to justice.’’.]

[FOREIGNMILITARYTRAININGREPORT]

[SEC. 652. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be sub- mitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations by the date specified in that sec- tion.]

COMMUNITY-BASEDPOLICEASSISTANCE

SEC. [661] 633. (a) [AUTHORITY.—] Funds made available by title III of this Act to carry out the provisions of chapter 1 of part I and [chapter 4] 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 au- thority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through as- sistance to foster civilian police roles that support democratic govern- ance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved po- lice relations with the communities they serve.

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

[LIMITATIONONECONOMICSUPPORT FUNDASSISTANCEFORCERTAIN FOREIGNGOVERNMENTS THATAREPARTIES TOTHEINTERNATIONAL CRIMINALCOURT]

[SEC. 671. (a) None of the funds made available in this Act under the heading ‘‘Economic Support Fund’’ may be used to provide assist- ance to the government of a country that is a party to the Inter- national Criminal Court and has not entered into an agreement with the United States pursuant to Article 98 of the Rome Statute pre- venting the International Criminal Court from proceeding against United States personnel present in such country.

(b) The President may, with prior notice to Congress, waive the prohibition of subsection (a) with respect to a North Atlantic Treaty Organization (NATO) member country, a major non-NATO ally (in- cluding Australia, Egypt, Israel, Japan, Jordan, Argentina, the Re- public of Korea, and New Zealand), Taiwan, or such other country as he may determine if he determines and reports to the appropriate congressional committees that it is important to the national interests of the United States to waive such prohibition.

(c) The President may, with prior notice to Congress, waive the prohibition of subsection (a) with respect to a particular country if he determines and reports to the appropriate congressional commit- tees that such country has entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country.

(d) The prohibition of this section shall not apply to countries otherwise eligible for assistance under the Millennium Challenge Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.]

[WESTERNHEMISPHERE] HAITI

SEC. [672] 638. [(a) CENTRALANDSOUTHAMERICA.—Of the funds appropriated by this Act under the headings ‘‘Global Health and Child Survival’’ and ‘‘Development Assistance’’, not less than the amount of funds initially allocated for each such account pursuant to section 653(a) of the Foreign Assistance Act of 1961 for fiscal year 2007 shall be made available for El Salvador, Guatemala, Nica- ragua, Honduras, Ecuador, Peru, Bolivia, Brazil, Latin America and Caribbean Regional, Central America Regional, and South America Regional: Provided, That for the purposes of this subsection, ‘‘Global Health and Child Survival’’ shall mean ‘‘Child Survival and Health Programs Fund’’.

(B) HAITI.—

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

[(2) Of the funds appropriated by this Act under titles III and IV, not less than $201,584,000 shall be available for assistance for Haiti.

(3) None of the funds made available by this Act under the heading ‘‘International Narcotics Control and Law Enforcement’’ may be used to transfer excess weapons, ammunition or other le- thal property of an agency of the United States Government to the Government of Haiti for use by the Haitian National Police until the Secretary of State certifies to the Committees on Appro- priations that any members of the Haitian National Police who have been credibly alleged to have committed serious crimes, in- cluding drug trafficking and human rights violations, have been suspended and the Haitian Government is cooperating in a reform and restructuring plan for the Haitian National Police and the reform of the judicial system as called for in United Nations Secu- rity Council Resolution 1608 adopted on June 22, 2005.

(c) DOMINICANREPUBLIC.—Of the funds appropriated by this Act under the headings ‘‘Global Health and Child Survival’’ and ‘‘Develop- ment Assistance’’, not less than $23,000,000 shall be made available for assistance for the Dominican Republic, of which not less than $5,000,000 shall be made available for basic health care, nutrition, sanitation, education, and shelter for migrant workers and other resi- dents of batey communities.

(d) ASSISTANCEFORGUATEMALA.—

(1) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Gua- temala, not less than $4,000,000 shall be made available for a United States contribution to the International Commission Against Impunity in Guatemala (CICIG).

(2) Funds appropriated by this Act under the heading ‘‘Inter- national Military Education and Training’’ (IMET) that are avail- able for assistance for Guatemala, other than for expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Guatemalan Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, That such funds may be made available only if the Secretary of State certifies that the Guatemalan Air Force, Navy and Army Corps of Engineers are respecting human rights and are cooperating with civilian judicial investigations and prosecutions of current and re- tired military personnel who have been credibly alleged to have committed violations of human rights.

(3) Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’, not more than $500,000 may be made available for the Guatemalan Air Force and Navy: Pro- vided, That such funds may be made available only if the Secretary of State certifies that the Guatemalan Air Force and Navy are respecting human rights and are cooperating with civilian judicial investigations and prosecutions of current and retired military per- sonnel who have been credibly alleged to have committed violations of human rights, and the Guatemalan Armed Forces are fully co- operating (including access for investigators, the provision of docu- ments and other evidence, and testimony of witnesses) with the CICIG.

(e) FREETRADEAGREEMENTS.—Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $10,000,000 shall be made available for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America and the Dominican Republic.

(f) NOTIFICATIONREQUIREMENT.—Funds made available in this Act for assistance for Guatemala and Haiti under the headings referred to in this section shall be subject to the regular notification proce- dures of the Committees on Appropriations.]