Legislation: Relevant text from H.R. 2642: "Supplemental Appropriations Act, 2008," as approved by Congress, June 26, 2008.

(Link to entire bill.)

H.R.2642

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

An Act

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008, and for other purposes, namely:

TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RELATED MATTERS

CHAPTER 2--JUSTICE

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

salaries and expenses

    For an additional amount for `Salaries and Expenses', $29,861,000, to remain available until September 30, 2009.

CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

BILATERAL ECONOMIC ASSISTANCE

Other Bilateral Economic Assistance

economic support fund

    For an additional amount for `Economic Support Fund', $1,882,500,000, to remain available until September 30, 2009, of which not more than $424,000,000 may be made available for assistance for Iraq, $175,000,000 shall be made available for assistance for Jordan to meet the needs of Iraqi refugees, and up to $53,000,000 may be made available for energy-related assistance for North Korea, notwithstanding any other provision of law: Provided, That not more than $171,000,000 of the funds appropriated under this heading in this subchapter shall be made available for assistance for the West Bank and Gaza 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', $390,300,000, to remain available until September 30, 2009, of which not more than $25,000,000 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', $13,700,000, 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', $137,500,000, to remain available until September 30, 2009, of which $17,000,000 shall be made available for assistance for Jordan and up to $116,500,000 may be made available for assistance for Mexico.

    Not more than $1,350,000 of the funds appropriated or otherwise made available under the heading `Foreign Military Financing Program' by the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161) that were previously transferred to and merged with `Diplomatic and Consular Programs' may be made available for any purposes authorized for that account, of which up to $500,000 shall be made available to increase the capacity of the United States Embassy in Mexico City to implement section 620J of the Foreign Assistance Act of 1961: Provided, That funds made available by this paragraph shall not be subject to Section 8002 of this Act.

SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2009

BILATERAL ECONOMIC ASSISTANCE

Department of State

international narcotics control and law enforcement

    For an additional amount for `International Narcotics Control and Law Enforcement', $199,000,000, 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 appropriated under this heading shall be made available for security assistance for the West Bank and up to $48,000,000 may 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', $302,500,000, 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 not less than $170,000,000 shall be available for grants only for Israel and shall be disbursed not later than November 1, 2008: 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.

SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER

MEXICO

    Sec. 1406. (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 $352,000,000 of the funds appropriated in subchapter A and $48,000,000 of the funds appropriated in subchapter B may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $73,500,000 shall be used for judicial reform, institution building, anti-corruption, 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 not more than 45 days after enactment of this Act, and after consulting with relevant Mexican Government authorities, the Secretary of State shall report in writing to the Committees on Appropriations on the procedures in place to implement section 620J of the Foreign Assistance Act of 1961.

    (b) Allocation of Funds- Fifteen percent of the funds made available in this chapter for assistance for Mexico under the headings `International Narcotics Control and Law Enforcement' and `Foreign Military Financing Program' may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico is--

      (1) improving the transparency and accountability of federal police forces and working with state and municipal authorities to improve the transparency and accountability of state and municipal police forces through mechanisms including establishing police complaints commissions with authority and independence to receive complaints and carry out effective investigations;

      (2) establishing a mechanism for regular consultations among relevant Mexican Government authorities, Mexican human rights organizations and other relevant Mexican civil society organizations, to make recommendations concerning implementation of the Merida Initiative in accordance with Mexican and international law;

      (3) ensuring that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the federal police and military forces who have been credibly alleged to have committed violations of human rights, and the federal police and military forces are fully cooperating with the investigations; and

      (4) enforcing the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment.

    (c) Exception- Notwithstanding subsection (b), 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 of federal, state, and municipal police officers.

    (d) Report- The report required in subsection (b) shall include a description of actions taken with respect to each requirement and the cases or issues brought to the attention of the Secretary of State for which the response or action taken has been inadequate.

    (e) 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).

    (f) 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, developed after consulting with relevant Mexican Government authorities, for combating drug trafficking and related violence and organized crime, judicial reform, institution building, anti-corruption, and rule of law activities, with concrete goals, actions to be taken, budget proposals, and anticipated results.

CENTRAL AMERICA

    Sec. 1407. (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', $65,000,000 may be made available for assistance for the countries of Central America, Haiti, and the Dominican Republic only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, rule of law activities, and maritime security: Provided, That of the funds appropriated under the heading `Economic Support Fund', $25,000,000 shall be made available for an Economic and Social Development Fund for Central America, of which $20,000,000 shall be made available through the United States Agency for International Development and $5,000,000 shall be made available through the Department of State for educational exchange programs: Provided further, That of the funds appropriated in subchapter A under the heading `International Narcotics Control and Law Enforcement', $2,500,000 shall be made available for assistance for Haiti, $2,500,000 shall be made available for assistance for the Dominican Republic, and $1,000,000 shall be made available for a United States contribution to the International Commission Against Impunity in Guatemala: Provided further, That none of the funds shall be made available for budget support or as cash payments: Provided further, That not more than 45 days after enactment of this Act, the Secretary of State shall report in writing to the Committees on Appropriations on the procedures in place to implement section 620J of the Foreign Assistance Act of 1961.

    (b) Allocation of Funds- Fifteen percent of the funds made available by this chapter for assistance for the countries of Central America, Haiti and the Dominican Republic under the headings `International Narcotics Control and Law Enforcement' and `Foreign Military Financing Program' may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the government of such country is--

      (1) establishing police complaints commissions with authority and independence to receive complaints and carry out effective investigations;

      (2) implementing reforms to improve the capacity and ensure the independence of the judiciary; and

      (3) investigating and prosecuting members of the federal police and military forces who have been credibly alleged to have committed violations of human rights.

    (c) Report- The report required in subsection (b) shall include actions taken with respect to each requirement and the cases or issues brought to the attention of the Secretary of State for which the response or action taken has been inadequate.

    (d) Notification- Funds made available for assistance for the countries of Central America, Haiti and the Dominican Republic 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).

    (e) 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 violence and organized crime, judicial reform, institution building, anti-corruption, and rule of law activities, with concrete goals, actions to be taken, budget proposals and anticipated results.

    (f) 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. 1410. (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.

TITLE IX

DEFENSE MATTERS

CHAPTER 1

DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Drug Interdiction and Counter-Drug Activities, Defense

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for `Drug Interdiction and Counter-Drug Activities, Defense', $65,317,000, to remain available until September 30, 2009.

CHAPTER 2

DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Drug Interdiction and Counter-Drug Activities, Defense

(INCLUDING TRANSFER OF FUNDS)

    For an additional amount for `Drug Interdiction and Counter-Drug Activities, Defense', $188,000,000.