Indonesia and East Timor-related Language in FY03 Omnibus Appropriaions Bill, H.J. Res. 2 in the U.S. Congress.

H.J.Res.2 One Hundred Eighth Congress of the United States of America AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday, the seventh day of January, two thousand and three Joint Resolution

Making consolidated appropriations for the fiscal year ending September 30, 2003, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. This joint resolution may be cited as the `Consolidated Appropriations Resolution, 2003'. Other Bilateral Economic Assistance

ECONOMIC SUPPORT FUND Provided further, That of the funds appropriated under this heading, $60,000,000 shall be made available for the United States Agency for International Development for assistance for Indonesia:

FOREIGN MILITARY TRAINING REPORT SEC. 561. (a) The Secretary of Defense and the Secretary of State shall jointly provide to the Congress by May 1, 2003, a report on all military training provided to foreign military personnel (excluding sales, and excluding training provided to the military personnel of countries belonging to the North Atlantic Treaty Organization) under programs administered by the Department of Defense and the Department of State during fiscal years 2002 and 2003, including those proposed for fiscal year 2003. This report shall include, for each such military training activity, the foreign policy justification and purpose for the training activity, the cost of the training activity, the number of foreign students trained and their units of operation, and the location of the training. In addition, this report shall also include, with respect to United States personnel, the operational benefits to United States forces derived from each such training activity and the United States military units involved in each such training activity. This report may include a classified annex if deemed necessary and appropriate. (b) For purposes of this section a report to Congress shall be deemed to mean a report to the Appropriations and Foreign Relations Committees of the Senate and the Appropriations and International Relations Committees of the House of Representatives.

INDONESIA SEC. 569. Funds appropriated by this Act under the heading `Foreign Military Financing Program' may be made available for assistance for Indonesia, and licenses may be issued for the export of lethal defense articles for the Indonesian Armed Forces, only if the President certifies to the appropriate congressional committees that-- (1) the Indonesia Minister of Defense is suspending from the Armed Forces those members, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, or to have aided or abetted militia groups; (2) the Indonesian Government is prosecuting those members of the Indonesian Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, or to have aided or abetted militia groups, and is punishing those members of the Indonesian Armed Forces found to have committed such violations of human rights or to have aided or abetted militia groups; (3) the Indonesian Armed Forces are cooperating with civilian prosecutors and judicial authorities in such cases (including providing access to witnesses, relevant military documents, and other requested information); and (4) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed Forces.

TRAINING PROGRAM EVALUATION SEC. 581. Not later than June 30, 2003, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the Committees on Appropriations describing in detail the steps that the Departments of State and Defense are making to improve performance evaluation procedures for the International Military Education and Training (IMET) program and the progress that the Departments of State and Defense are making in implementing section 548 of the Foreign Assistance Act of 1961.

Other Bilateral Economic Assistance ECONOMIC SUPPORT FUND

Provided further, That of the funds appropriated under this heading, not less than $25,000,000 shall be made available for assistance for the Democratic Republic of Timor-Leste of which up to $1,000,000 may be available for administrative expenses of the United States Agency for International Development:

84 817 2003 108 th Congress 1st Session HOUSE OF REPRESENTATIVES Report 108 10 MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND FOR OTHER PURPOSES

CONFERENCE REPORT to accompany H.J. Res. 2 February 13 (legislative day, February 12), 2003 --

MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 2003, AND FOR OTHER PURPOSES

Mr. Young of Florida, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.J. Res. 2]

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the ``Consolidated Appropriations Resolution, 2003''.

PAYMENT TO THE ASIA FOUNDATION The conference agreement includes $10,444,000 for payment to the Asia Foundation for fiscal year 2003. The conference agreement includes funding for enhanced Foundation programs on human rights, higher education, democratic governance, ethnic harmony, religious tolerance and legal/judicial reform in Nepal, Indonesia, Afghanistan, and Pakistan. The Committee expects the Foundation to provide a program and spending plan for these special initiatives to the Committee by June 30, 2003.

DEVELOPMENT ASSISTANCE The conference agreement in section 554 includes language directing that USAID should make available $145,000,000 for programs and activities that directly protect biodiversity. The managers strongly support these efforts and expect these funds to be used to protect tropical forests, including support of projects to deter illegal logging in Indonesia, Central Africa and elsewhere, and other threatened biologically diverse areas, both terrestrial and marine. Of this amount, up to $40,000,000 may be available for the subsidy cost of modifying loans and loan guarantees, pursuant to the provisions of the Tropical Forest Conservation Act of 1998. The managers commend the Administration for its Congo Basin Forest Initiative and expect full funding to be made available for the Central African Regional Program for the Environment.

Economic Support Fund The conference agreement provides not less than $60,000,000 under this heading for USAID programs in Indonesia. The Senate amendment had included $150,000,000 for Indonesia from all accounts in the Act, including $10,000,000 for programs in Aceh and not less than $5,000,000 for reconstruction and recovery efforts in Bali. The House did not this matter. The managers recommend $10,000,000 for reconciliation and development programs in Aceh, and $5,000,000 for reconstruction and recovery efforts in Bali.

The managers are outraged by continued reports of the complicity of local Indonesian military units in the murders of Americans Ted Burgon and Rick Spier in Papua last year, and call upon President Megawati Sukarnoputri to use the full authority of her office to bring to justice the perpetrators of this crime.

The managers expect USAID to adequately fund programs and activities relating to parliamentary and presidential elections scheduled in 2004. In addition, the managers recommend continued funding for activities targeted toward the professional development of provincial leaders and institutions. The conference agreement does not include Senate language prohibiting the use of funds made available for Aceh to construct roads or other infrastructure that threatens the habitat of orangutans or other endangered species. However, the managers are concerned that plans to construct a network of roads and other infrastructure in the remaining forest habitat of orangutans and other endangered species in Aceh could rapidly doom these animals to extinction. No U.S. assistance is to be used for such activities.

The conference agreement also includes Senate language that provides that not less than $25,000,000 shall be made available for Timor-Leste, including up to $1,000,000, which may be transferred to and merged with Operating Expenses of the United States Agency for International Development. The House bill did not address this matter.

TITLE III--MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT International Military Education and Training

The managers expect that, consistent with the letter sent to the Congress by the Assistant Secretary of State for Legislative Affairs, the Committees on Appropriations will be consulted prior to the obligation of funds for an Indonesian IMET program.

The conference agreement does not include a Senate provision directing the Department of Defense to maintain a record of students that complete the IMET program for at least six years after graduation. The House bill did not address this matter. The managers note that the Office of Management and Budget has identified shortcomings in procedures to evaluate the performance of the IMET program. The managers have addressed this matter by including a general provision (section 581) requiring the Secretary of State to submit a report to the Committees on Appropriations which describes the progress being made in improving performance evaluation procedures for the IMET program and implementing section 548 of the Foreign Assistance Act.

Sec. 569. Indonesia The conference agreement includes language similar to that of the Senate amendment on this matter. It would allow assistance for Indonesia appropriated under ``Foreign Military Financing Program'' and licenses for export of lethal defense articles for the Indonesian military only if the President certifies that the Government of Indonesia and the Indonesian Armed Forces are taking certain measures, including suspending from the Armed Forces those members, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, or aided or abetted militia groups, as well as prosecuting those members and punishing them, if they have been found to have committed such acts. In addition, the language requires the President to certify that the Indonesian Armed Forces are cooperating with civilian and judicial authorities in such cases, including providing access to witnesses, relevant military documents, and other requested information. Finally, the language requires the President to certify that the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed Forces. The House bill included similar language, but did not address the issue of export licenses for lethal defense articles.

Sec. 582. Community-Based Police Assistance The conference agreement includes language similar to the Senate language authorizing use of certain USAID-administered funds in title II of this Act for support for civilian police in Jamaica and El Salvador, but not Indonesia as included in the Senate amendment, notwithstanding section 660 of the Foreign Assistance Act. The House did not address this matter.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES The conference agreement also includes full funding for anticipated assessments for the UNMISET mission in East Timor. As East Timor begins to establish a criminal justice system, basic social services, and professional police and defense forces, the conferees support the continued presence and gradual drawdown of the UN peacekeeping force.

The conferees direct the Department to resume transmission of UN Security Council reports on peacekeeping missions to the Committees on Appropriations.

ESF The conference agreement also includes Senate language that provides that not less than $25,000,000 shall be made available for Timor-Leste, including up to $1,000,000, which may be transferred to and merged with Operating Expenses of the United States Agency for International Development. The House bill did not address this matter.

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