Foreign Appropriations Bill FY2005 / Bill Language

TITLE III--MILITARY ASSISTANCE

Funds Appropriated to the President

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $89,730,000, of which up to $3,000,000 may remain available until expended: Provided, 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 for military education and training for Guatemala may only be available for expanded international military education and training, and funds made available for Haiti, the Democratic Republic of the Congo, and Nigeria may only be provided through the regular notification procedures of the Committees on Appropriations.

FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)

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Fiscal year 2004 level $4,268,665,000
Emergency supplemental funding 287,000,000
Fiscal year 2005 request 4,957,500,000
Committee recommendation 4,777,500,000
(by transfer) (150,000,000)
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"...Provided further, That none of the funds appropriated under this heading shall be available for assistance for Sudan and Guatemala:..."

CENTRAL AMERICA

SEC. 584. (a) Of the funds appropriated by this Act under the headings `Child Survival and Health Programs Fund' and `Development Assistance', not less than the amount of funds initially allocated pursuant to section 653(a) of the Foreign Assistance Act of 1961 for fiscal year 2004 should be made available for El Salvador, Guatemala, Nicaragua and Honduras.
(b) Not to exceed $3,227,000 in prior year `Military Assistance Program' funds that are available for Guatemala may be made available for non-lethal defense items for Guatemala if the Secretary of State certifies to the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that--

1. the role of the Guatemalan military has been limited, in doctrine and in practice, to substantially those activities in defense of Guatemala's sovereignty and territorial integrity that are permitted by the 1996 Peace Accords, and the Government of Guatemala is taking steps to pass a new governing law of the Army (Ley Constitutiva del Ejercito);
2. the Guatemalan military is cooperating with civilian judicial authorities, including providing full cooperation on access to witnesses, documents and classified intelligence files, in investigations and prosecutions of military personnel who have been implicated in human rights violations and other criminal activity;
3. the Government of Guatemala is working with the United Nations to resolve legal impediments to the establishment of the Commission for the Investigation of Illegal Groups and Clandestine Security Organizations (CICIACS), so that CICIACS can effectively accomplish its mission of investigating and bringing to justice illegal groups and members of clandestine security organizations;
4. the Government of Guatemala is continuing its efforts to make the military budget process transparent and accessible to civilian authorities and to the public, for both present and past expenditures;
5. the Government of Guatemala is working to facilitate the prompt establishment of an office in Guatemala of the United Nations High Commissioner for Human Rights with the unimpeded authority to investigate and report on human rights in Guatemala; and
6. the Government of Guatemala is taking steps to increase its efforts to combat narcotics trafficking and organized crime.

(c) Section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by adding at the end the following new subsection:
(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT OF NICARAGUA-

1. Any action of the types set forth in subparagraphs (A), (B), and (C) of subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on January 1, 1956, and ending on January 9, 2002, shall not be considered in implementing the prohibition under subsection (a) unless the action has been presented in accordance with the procedure set forth in paragraph (2).
2. An action shall be deemed presented for purposes of paragraph (1) if it is--
1. in writing; and
2. received by the United States Department of State on or before 120 days after the date specified in paragraph (3) at--
   1. the headquarters of the United States Department of State in Washington, D.C.; or
   2. the Embassy of the United States of America to Nicaragua.
3. The date to which paragraph (2) refers is a date after enactment of this subsection that is specified by the Secretary of State, in the Secretary's discretion, in a notice published in the Federal Register.'.

Senate Rpt.108-346 - FOREIGN OPERATIONS - Non binding report language

NICARAGUA AND GUATEMALA
The Committee commends the efforts of the Governments of Nicaragua and Guatemala to combat corruption. Strict new laws are being written and former high ranking officials are being charged and prosecuted, which are important steps toward ending the long legacy of impunity in those countries. Efforts are also being undertaken to reform state institutions, through modernization of the legal process and the use of new information technologies, to increase accountability and transparency of government actions. However, difficult obstacles remain. To support these efforts the Committee provides additional funding above the budget request for both countries.

The Committee recommends not less than $250,000 for the Procuraduria de la Republica in Nicaragua to strengthen its capacity to conduct anti-corruption activities.

The Committee recommends not less than $250,000 for the Fiscalia de Anti-corruption in Guatemala to strengthen its capacity to conduct anti-corruption activities.

The Committee recognizes the important work of the Fabretto Children's Foundation in Nicaragua, which provides opportunities for children in Nicaragua to escape poverty. The Committee recommends that not less than $1,500,000 should be made available for the Foundation.

The Committee urges USAID to provide up to $250,000 to the Center for International Rehabilitation to design and field-test a model for early screening and intervention for children with developmental disabilities in Nicaragua that can be replicated in other developing nations.

The Committee encourages USAID to support the Polus Center Mobility and Social Access project in Leon, Nicaragua to assist individuals who have lost limbs due to acts of war, landmines or disease.

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The Committee continues its support for the IMET program and provides $89,730,000 for this account.

The Committee encourages additional support under the IMET account to U.S. allies in the war against international terrorism, including the Philippines, Georgia, and Mongolia.

FOREIGN MILITARY FINANCING

The Committee provides $4,777,500,000 for the FMF account, and authority to transfer $150,000,000 in prior year, unobligated ESF and FMF balances to this account.