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Last Updated:7/29/02
Relevant text of S.2779 and Senate Appropriations Committee Report 107-219, the 2003 Foreign Operations Appropriations Act, July 24, 2002
Andean Regional Initiative (includes conditions on the aerial fumigation program)
Bill language
Narrative from the committee's report
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 solely to support counterdrug activities in the Andean region of South America, $637,000,000, to remain available until expended: Provided, That in addition to the funds appropriated under this heading and subject to the regular notification procedures of the Committees on Appropriations, the President may make available up to an additional $35,000,000 for the Andean Counterdrug Initiative, which may be derived from funds appropriated under the heading `International Narcotics Control and Law Enforcement' in this Act and in prior Acts making appropriations for foreign operations, export financing, and related programs: Provided further, That of the amount appropriated under this heading, not less than $215,000,000 shall be apportioned directly to the United States Agency for International Development, to be used for economic and social programs: Provided further, That of the funds appropriated under this heading and under the heading `Foreign Military Financing Program', not less than $5,000,000 shall be made available to train and equip a Colombian Armed Forces unit dedicated to apprehending the leaders of paramilitary organizations: Provided further, That of the funds made available for assistance for Colombia under this heading, not less than $2,000,000 shall be made available for vehicles, equipment, and other assistance for the human rights unit of the Procurador General: Provided further, That funds appropriated by this Act that are used for the procurement of chemicals, equipment or services for aerial coca fumigation programs may be made available for such programs only if the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency and, if appropriate, the Director of the Centers for Disease Control and Prevention, certifies to the Committees on Appropriations that: (1) aerial coca fumigation is being carried out in accordance with regulatory controls required by the Environmental Protection Agency for use in the United States and, after consultation with the Colombian Government, in accordance with Colombian laws and the Colombian Environmental Management Plan for aerial fumigation; (2) effective monitoring and enforcement mechanisms are being utilized in Colombia to ensure compliance with such laws, regulatory controls and Plan; (3) the chemicals used in the aerial fumigation of coca, in the manner in which they are being applied, do not pose unreasonable risks or adverse effects to humans or the environment; and (4) procedures are available to evaluate claims of local citizens that their health was harmed or their licit agricultural crops were damaged by such aerial coca fumigation, and to provide fair compensation for meritorious claims; and such funds may not be made available for such purposes unless alternative development programs have been developed by the United States Agency for International Development and the Government of Colombia, in consultation with communities and local authorities, in the departments in which such aerial coca fumigation is planned, and such programs are being implemented in the departments in which such aerial coca fumigation has been conducted: Provided further, That none of the funds appropriated by this Act may be made available to support a Peruvian air interdiction program until the Secretary of State and Director of Central Intelligence certify to the Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to shoot down aircraft will include effective safeguards and procedures to prevent the occurrence of any incident similar to the April 20, 2001 incident: 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 Assistance Act of 1961, as amended, shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 3204(b) through (h) of Public Law 106-246, as amended by Public Law 107-115, shall be applicable to funds appropriated for fiscal year 2003: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available by this Act: Provided further, That the President shall ensure that if any helicopter procured with funds under this heading is used to aid or abet the operations of any illegal self-defense group or illegal security cooperative, such helicopter shall be immediately returned to the United States: Provided further, That of the funds appropriated under this heading, not less than $3,500,000 shall be made available for assistance for the Colombian National Park Service for training, equipment, and other assistance to protect Colombia's national parks and reserves: Provided further, That funds made available under this heading shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not more than $14,240,000 may be available for administrative expenses of the Department of State, and not more than $4,500,000 may be available for administrative expenses of the United States Agency for International Development. ANDEAN COUNTERDRUG INITIATIVE

Appropriations, 2002 $625,000,000

Budget estimate, 2003 731,000,000

Committee recommendation 637,000,000

The Committee has provided $637,000,000 for the Andean Counterdrug Initiative, which is $12,000,000 above last year's level. In addition, the Committee provides authority for the transfer of up to an additional $35,000,000 from the ``International Narcotics Control and Law Enforcement'' account for the Andean Counterdrug Initiative. The Committee has also provided up to $88,000,000 from the ``International Narcotics Control and Law Enforcement'' and ``Foreign Military Financing Program'' accounts for equipment (including up to $71,000,000 for helicopters) and training for the Colombian Armed Forces for pipeline security in Arauca department. Including the amounts provided for fiscal year 2003, U.S. assistance to the Andean region for counterdrug and counterterrorism activities will total more than $2,600,000,000 over a period of 3 years. This amount does not include funding from the Department of Defense and other Federal agencies.

The Committee is disappointed with the results of ``Plan Colombia,'' which has fallen far short of expectations. Neither the Colombian government nor other international donors have lived up to their financial commitments, and the amount of coca and poppy under cultivation has increased. In addition, peace negotiations have collapsed, the armed conflict has intensified, and the country is preparing for a wider war which few observers believe can be won on the battlefield. It is estimated that one million Colombians have been displaced from their homes. Alternative economic development programs have produced few tangible results, and the Colombian government's role in this effort has not inspired confidence. The Committee expects the Colombian government to significantly improve its efforts in social and economic development.

The Committee has, in hearings and briefings, expressed its concerns about the administration's strategy in Colombia and the lack of clearly defined objectives or benchmarks for measuring success. However, despite setbacks, the Committee supports efforts to strengthen democracy and the rule of law, improve security and promote economic development in Colombia. The Committee provides the authority, requested by the administration, to support Colombia's unified campaign against narcotics trafficking and paramilitary and guerrilla terrorist organizations.

The Committee has again included conditions tying the obligation of funds to progress on human rights, and expects to see significant improvements before further certifications are made. The Committee condemns the abuses of human rights by all parties to the conflict, particularly paramilitaries and the FARC who are responsible for the large majority of atrocities against civilians. The Committee is alarmed by the recent surge in terrorist attacks, and the continued failure of Colombian security forces to apprehend the leaders of paramilitary organizations, for whom hundreds of arrest warrants are outstanding. The Committee is convinced that a special unit of the Colombian Armed Forces dedicated to the apprehension of the leaders of paramilitary organizations is urgently needed, and has included authority and adequate funding from the ``International Narcotics Control and Law Enforcement'' and ``Foreign Military Financing Program'' accounts to train and equip such a unit.

The Committee has retained limits imposed in fiscal year 2001 on the number of U.S. military on duty, and U.S. civilian personnel employed, in Colombia.

The Committee has again included conditions on the aerial spraying of herbicide, to ensure that any use of such chemicals or related equipment or services is consistent with Colombian laws, the Colombian Environmental Management Plan for aerial spraying, and Environmental Protection Agency regulations. The Committee is concerned that the manner in which the herbicide is being used in Colombia, where large areas are sprayed in proximity to people's homes and food crops, varies significantly from the manner of use of herbicides in the United States. The Committee is increasingly concerned that monitoring and enforcement of compliance with Colombian and United States laws and regulations may not meet U.S. standards. The Committee needs to be satisfied that, based on objective scientific analysis and other factors, the aerial spraying does not pose unreasonable risks or adverse effects to humans or the environment, and that effective monitoring and enforcement mechanisms exist to ensure its proper use.

The Committee is aware of an initiative in Colombia, the Colombia Military Project, which promotes dialogue and analysis among civilians and retired military officers about the conflict and the implications of peace processes for the Armed Forces. Topics include a cease fire, decommissioning of weapons, demobilization, and the reinsertion into civil society of ex-combatants. Given that any successful peace process requires the active support of the Armed Forces, the Committee believes that the State Department should seriously consider providing financial support to the Colombia Military Project.

The Committee is increasingly concerned that developments in Colombia may lead to a significant spill-over of refugees, insurgents, and narcotics traffickers into the territory of Colombia's neighbors, and expects the administration's allocation of resources for the Andean Counterdrug Initiative to reflect these volatile conditions.

The Committee is aware of Colombia's extraordinary national parks and reserves, which encompass some of the world's most biologically diverse tropical forests. These areas, which are among Colombia's greatest natural resource and a potential source of income from eco-tourism, are increasingly threatened by coca farmers and illegal loggers. The Committee provides $3,500,000 for training, equipment and other assistance to protect these parks and reserves.

Foreign Military Financing and the Caño Limón pipeline
Bill language
Narrative from the committee's report
FOREIGN MILITARY FINANCING PROGRAM

For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,067,000,000: ... Provided further, That except as provided in the following proviso, none of the funds appropriated by this paragraph shall be made available for helicopters and related support costs for Colombia: Provided further, That up to $88,000,000 of the funds appropriated by this paragraph may be transferred to and merged with funds appropriated under the heading `International Narcotics Control and Law Enforcement' for helicopters, training and other assistance for the Colombian Armed Forces for security for the Cano Limon pipeline:

[T]he Committee provides authority for the transfer of up to an additional $35,000,000 from the ``International Narcotics Control and Law Enforcement'' account for the Andean Counterdrug Initiative. The Committee has also provided up to $88,000,000 from the ``International Narcotics Control and Law Enforcement'' and ``Foreign Military Financing Program'' accounts for equipment (including up to $71,000,000 for helicopters) and training for the Colombian Armed Forces for pipeline security in Arauca department.
Colombia-specific human rights conditions
Bill language
SEC. 563. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding any other provision of law, funds appropriated by this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, that are available for assistance for the Colombian Armed Forces and National Police, may be made available for assistance to support the Colombian Government's unified campaign against narcotics trafficking and against paramilitary and guerrilla organizations designated as terrorist organizations in that country, as follows:

(1) Not more than 60 percent of such funds that are available for the Colombian Armed Forces may be obligated after a determination by the Secretary of State and a certification to the appropriate congressional committees that:

(A) The Commander General of the Colombian Armed Forces is suspending from the Armed Forces those members, 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 abetted paramilitary organizations.

(B) The Colombian Government is prosecuting and punishing 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 abetted paramilitary organizations, and the Colombian Armed Forces are cooperating with civilian prosecutors and judicial authorities in such cases (including providing requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause of the suspension, and access to witnesses, relevant military documents, and other requested information).

(C) The Colombian Armed Forces are severing links (including denying access to military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation) at the command, battalion, and brigade levels, with paramilitary organizations.

(D) The Colombian Armed Forces are apprehending the leaders of paramilitary organizations.

(2) The balance of such funds may be obligated after June 1, 2003, if the Secretary of State determines and certifies to the appropriate congressional committees that the Colombian Armed Forces are continuing to meet the criteria contained in paragraphs (1)(A), (B), (C) and (D) and are conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations.

(b) CONSULTATIVE PROCESS- At least 10 days prior to making the determinations and certifications required by subsection (a), and every 120 days thereafter during fiscal year 2003, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection.

(c) REPORT- One hundred and twenty days after the enactment of this Act, and every 120 days thereafter during fiscal year 2003, the Secretary of State shall submit a report to the Committees on Appropriations describing actions taken by the Colombian Armed Forces to meet the requirements set forth in subsections (a)(1)(A) through (a)(1)(D).

(d) DEFINITIONS- In this section:

(1) AIDED OR ABETTED- The term `aided or abetted' means to provide any support to paramilitary 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.

Visa denial for paramilitary supporters
Bill language
ILLEGAL ARMED GROUPS

SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED GROUPS- Subject to subsection (b), the Secretary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence--

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

(2) has committed, ordered, incited, assisted, or otherwise participated in the commission of gross violations of human rights, including extra-judicial killings, in Colombia.

(b) WAIVER- Subsection (a) shall not apply if the Secretary of State determines and certifies to the appropriate congressional committees, 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 humanitarian reasons.

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