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Last Updated:8/6/03
Relevant text of House and Senate versions of the 2004 Foreign Operations Appropriations Act (H.R. 2800 and House Appropriations Committee Report 108-222, S. 1426 and Senate Appropriations Committee Report 108-106)
Andean Counter-Drug Initiative
House bill language
Senate bill language
Narrative from the House committee's report
Narrative from the Senate committee's report
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $731,000,000, to remain available until September 30, 2005: Provided, That in fiscal year 2004, funds available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: 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 government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations: 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 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 enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 20, 2001 incident: Provided further, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Committees 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: 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 (d) of Public Law 106-246, as amended by Public Law 107-115, shall be applicable to funds appropriated for fiscal year 2004: Provided further, That the reports required by sections 3204(e) and (f) of division B, title III, chapter 2 of Public Law 106-246, shall be submitted also to the Committees on Appropriations on the dates specified in those sections: Provided further, That of the funds appropriated under this heading, not more than $15,680,000 may be available for administrative expenses of the Department of State, and not more than $4,500,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development.
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $660,000,000, 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 $37,000,000 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 in fiscal year 2004, funds available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: 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 government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations: 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 the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Committees 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: Provided further, That of the funds appropriated under this heading, not less than $250,000,000 shall be apportioned directly to the United States Agency for International Development, to be used for alternative development/institution building including judicial reform, of which not less than $165,000,000 shall be made available for such purposes in Colombia: Provided further, That of the funds appropriated under this heading, not less than $25,000,000 shall be made available for judicial reform in Colombia: Provided further, That of the funds appropriated under this heading, in addition to funds made available pursuant to the previous proviso, not less than $2,500,000 shall be made available to protect human rights defenders in Colombia, not less than $2,500,000 shall be made available for the United Nations Office of the High Commissioner for Human Rights in Colombia, not less than $10,000,000 shall be made available for assistance for the Colombian Attorney General's Human Rights Unit, and not less than $2,500,000 shall be made available for assistance for the human rights unit of the Colombian Procuraduria: Provided further, That not more than 20 percent of the funds appropriated by this Act that are used for the procurement of chemicals for aerial coca and poppy fumigation programs may be made available for such programs unless the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency (EPA), certifies to the Committees on Appropriations that: (1) the herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and any additional controls recommended by the EPA for this program, and with the Colombian Environmental Management Plan for aerial fumigation; (2) the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment; (3) complaints of harm to health or licit crops caused by such fumigation are evaluated and fair compensation is being paid for meritorious claims; and such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation with local communities, to provide alternative sources of income in areas where security permits for small-acreage growers whose illicit crops are targeted for fumigation: 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, and funds appropriated by this Act that are made available for Colombia, 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 (d) of Public Law 106-246, as amended by Public Law 107-115, shall be applicable to funds appropriated for fiscal year 2004: 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 for Colombia: Provided further, That funds appropriated under this heading that are available for the Bolivian military and police may be made available if the Secretary of State determines and reports to the Committees on Appropriations that (1) the Bolivian Government is vigorously investigating and prosecuting members of the Bolivian military and police who have been credibly alleged to have committed gross violations of human rights and is promptly punishing those found to have committed such violations; and (2) the Bolivian military and police are cooperating with such investigations and prosecutions: Provided further, That of the funds appropriated under this heading, not more than $16,285,000 may be available for administrative expenses of the Department of State, and not more than $4,500,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development.
The Committee recommends $731,000,000 for the Andean Counterdrug Initiative, an amount equal to the request and $1,550,000 above the 2003 level, including emergency supplemental appropriations. The Andean Counterdrug Initiative is the continuation of the Administration's multi-year counterdrug assistance efforts designed to sustain and expand programs initially funded by Plan Colombia in the fiscal year 2000 emergency supplemental appropriations act. A limitation of $15,680,000 is recommended for administrative expenses for the Department of State and $4,500,000 for USAID. The Committee notes the requirement in the bill that the Secretary of State, in consultation with the Administrator of USAID, shall provide to the Committees 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.

The caps on the numbers of United States personnel in Colombia remain in effect. The Committee requests that the Secretary of State submit to the Appropriations Committees a semi-annual report with respect to the Andean Counterdrug Initiative. Each report shall include an accounting of all aircraft, vehicles, boats and lethal equipment (other than ammunition) transferred to the militaries or police of any nation with funds made available under this heading. Additionally, the Committee requires that the personnel cap and Plan Colombia reports as required in the fiscal year 2000 emergency supplemental also be submitted to the Committees on Appropriations.

The Committee recommends $1,000,000 for the Naval Post Graduate School (NPS) from new and prior year funds for programs to strengthen public engagement and democratic control of national security in Colombia.


COLOMBIA
The Committee notes that the people of Colombia have shown a long-term resilience and tolerance for difficult and violent conditions, and the Committee supports the President of Colombia and the Colombian government's efforts to collect the additional resources needed to invest in the military, police, and social programs to restore order and to give Colombians better access to services.

The Committee notes the progress in coca eradication that Plan Colombia has been able to achieve since the inauguration of the current President of Colombia. According to official United States statistics, coca cultivation dropped for the first time in 2002 from a level of 169,800 hectares in 2001 to 144,450 hectares in 2002.

Plan Colombia was proposed and implemented as a 5-year program, and its objectives were to be met by the end of 2005. Therefore, the direction of United States policy with respect to Colombia and the Andean nations is at a crossroads.

The Committee makes the following recommendations as the inter-agency process begins to re-prioritize and re-orient assistance for Colombia: (1) the Committee still concludes that coca provides the revenue and motive behind the violence committed by both the guerrilla and paramilitary groups, therefore, the Committee expects counternarcotics, alternative development, interdiction and human rights improvements to remain part of United States policy in Colombia; (2) more heroin in the United States is trafficked from Colombia, therefore coca can no longer remain the sole priority for eradication efforts in Colombia; (3) public security and law enforcement should become an increasing focus of United States assistance and could be vital to eradicating poppy in remote areas; (4) the Colombian government should assume responsibility for maintaining more of Plan Colombia's assets; and (5) eliminating the financial sources of the guerillas and paramilitaries, and decreasing their military capabilities by targeting their leadership, can lead to higher desertion rates and bring these groups closer to peace negotiations.

The Committee directs that not later than 60 days after enactment of this Act the State Department shall provide to the Committees on Appropriations a report that describes detailed plans and programs by the Departments of State and Defense to train Colombian nationals for the purpose of assuming responsibilities for programs funded in this Act currently being executed by United States contractors. The report shall outline the program activities, estimates of funding levels, location of training, and expected length of length of time in which the training of Colombian nationals will be completed.

The Committee commends the Department of State and USAID for its efforts to keep the Committee informed of program developments in Colombia in fiscal year 2003.


AVAILABILITY OF ASSISTANCE
The Committee again has extended the availability of funds provided for assistance for Colombia to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations, and to take actions to protect health and human welfare. The Committee is supportive of the Colombian government in its attempts to provide security for the Colombian people and has provided the expansion of authorities in recognition that the narcotics industry is invariably linked to the terrorist groups, including the paramilitary organizations, in Colombia. As in prior years, the expanded authority is not a signal from the Committee for the United States to become more deeply involved in assisting the Colombian Armed Forces in fighting the terrorist groups, especially not at the expense of the counternarcotics programs, but to provide the means for more effective intelligence gathering and fusion, and to provide the flexibility to the Department of State when the distinction between counternarcotics and counterterrorism are not clear cut. The Committee notes the useful information included in the May 2003 report to Congress on the use of United States assets in Colombia. The Committee expects to be consulted if the current policy of implementing the expanded authorities changes from that described in the May 2003 report.


INTERNALLY DISPLACED PERSONS
The Committee expects the Department of State to allocate the full amount requested for internally displaced persons, a level of $38,000,000 to be provided to USAID and $5,000,000 to be provided to the Department of State's Bureau for Population, Refugees, and Migration (PRM).


HUMAN RIGHTS
The Committee calls on the Department of State to ensure that all United States laws regarding human rights, including section 553 of this Act, are strictly applied in Colombia and each of the Andean nations. The Committee includes again a general provision requiring that the Secretary of State certify that certain human rights conditions have been met before 25 percent of funds may be made available for assistance for the Colombian Armed Forces. Again this year, the Committee recommends a one-time annual certification process in fiscal year 2004.


ALTERNATIVE DEVELOPMENT AND SECURITY IN COLOMBIA
The Committee strongly supports USAID's continuing alternative development strategy that started at the beginning of 2002 and focuses on the historic underdevelopment of Colombia's outlying regions. The programs concentrate on local infrastructure needs (roads, electricity, water) and delivery of services at the community level. This focus on the entire community increases the social pressure for eradication and also helps organize the community to identify and prioritize local needs. In the first three months of 2003, the Committee understands that almost 1,200 hectares have been manually and voluntarily eradicated in Putamayo. The Committee hopes USAID partners can continue building on their good working relationships with mayors and local leaders.

Additionally, the Committee recognizes that without public security and law enforcement, no level of alternative development funding by this Committee or the Colombian government can result in development that is sustainable. Additionally, the Committee is aware of the security threats facing program implementers on a daily basis.

The Committee supports the so-called `carabinieros' police program for establishing law enforcement in rural and remote areas and encourages continuing United States assistance for the program.


AFRO-COLOMBIAN COMMUNITIES
The Pacific Coast of Colombia has been devastated by the intensification of the continuing civil conflict, expansion of coca crop production, and aerial fumigation. This is an area rich in bio-diversity and where many Afro-Colombians live and collectively own land. The Committee remains concerned that sufficient alternative development programs are not in place to address the substantial needs of the Afro-Colombian and indigenous populations or to preserve the region's bio-diversity. In addition to current programs, the Committee asks USAID to focus its development efforts on implementing education, health, environmental, and economic development programs, particularly economic plans that are inclusive of Afro-Colombian communities and preserve the governmental organizations, and local municipal leaders in the implementation of assistance programs. The Committee also asks the Department of State to include the progress of USAID funded programs aimed at helping Afro-Colombian communities in the report to the Committees on Appropriations as required by section 694(a) of Public Law 107-228.


COLOMBIAN HEROIN
The Committee is concerned about the eradication levels of opium in Colombia. An increase in Colombian heroin has led to a serious and spreading problem of heroin use and overdose deaths in the United States. The Committee is concerned about the needs of the Colombian National Police (CNP) to accomplish this eradication mission. The State Department shall consult with the Committee regarding its strategy for heroin eradication and the changing requirements of its fiscal year 2004 request prior to funds being notified to the Committees on Appropriations as required by this Act.


PERU
Peru is the second largest recipient of counternarcotics and alternative development assistance from the United States, and while the Committee is aware that the political environment in Peru has direct consequences for eradicating coca, the Committee was surprised to learn that in April 2003 the Peruvian government signed a supreme decree ceasing most forced eradication of coca. The Committee understands that the Department of State and USAID have given temporary support to `autoeradication'--a pilot policy of voluntary eradication combined with the use of community development projects as an incentive for cooperation. The Committee requests that the Department of State and USAID consult with the Committee regarding the level of cash grants used as part of alternative development in Peru. Additionally, the Committee requests that USAID and the Department of State keep the Committee informed as developments and changes in United States eradication and alternative development programs occur during the fiscal year.


BOLIVIA
While the Committee takes special note of the progress that Bolivia made in the war against drugs under the Bolivian Government's Dignity Plan, this progress could be erased quickly if the commitment by either the Bolivian government or the United States were to falter. The Committee is aware that Bolivia is a candidate to be a recipient of the Millennium Challenge Account funding. Therefore, the Committee encourages the Millennium Challenge Corporation to take into account the link between good governance and this matter when it considers eligibility criteria.


EUROPEAN CONTRIBUTIONS
The Committee notes that demand for Colombian coca is rising in Europe and approaching United States consumption levels of approximately 300 tons a year. European nations and the European Union have contributed very little to eradication of coca or development programs in Colombia. The Committee again urges the Secretary of State to negotiate with our European allies in order to persuade them to contribute additional funds to counter-narcotics efforts, alternative development, and judicial reform in the Andean region.

The Committee provides $660,000,000 for the Andean Counterdrug Initiative [ACI], and the authority for the transfer of up to an additional $37,000,000 from the International Narcotics Control and Law Enforcement account for the ACI. With this transfer authority, total funding for the ACI is $697,000,000, a slight increase over the fiscal year 2003 enacted level. The Committee provides a total of $250,000,000 for alternative development/institution building programs under the ACI, which shall be apportioned directly to USAID.


COLOMBIA
The Committee appreciates the commitment of Colombian President Uribe to tackle the threats of terrorism and narcotics in Colombia. The Committee recognizes the significant human and material resources devoted by the Colombian Government to the search for U.S. citizens taken hostage by Colombian guerillas.

The Committee hopes that under President Uribe's leadership, Colombia can make significant progress against guerillas and paramilitaries that threaten to undermine democracy and the rule of law.

The Committee continues to strongly support programs that bolster political and legal reforms in Colombia, and that provide alternative development opportunities in remote areas. The Committee includes $165,000,000 for alternative development/institution building activities for Colombia. Of this amount, not less than $25,000,000 is made available for judicial reform; not less than $2,500,000 for the protection of human rights defenders; not less than $2,500,000 for the U.N. Office of the High Commissioner for Human Rights in Colombia; not less than $10,000,000 for the Colombian Attorney General's Human Rights Unit; and not less than $2,500,000 for the human rights unit of the Colombian Procuraduria.

The Committee continues certification requirements on aerial fumigation activities, and understands that the program is entering a new phase that may heighten security risks to spray pilots and accompanying support aircraft. The Committee understands that smaller plots of coca and poppy may be sprayed in the future, and that the guerillas may be more aggressive in protecting their illicit crops. The Committee recommends the State Department and contractors review security guidelines to ensure, to the maximum extent possible, the safety of personnel and equipment during spray missions. The Committee expresses its condolences to the families of those who have been killed during missions in Colombia. The Committee also continues the cap on United States personnel in Colombia, and the restrictions on United States military personnel and contractors from participating in combat.

The Committee notes the significant progress made by the Colombian National Police [CNP] in reasserting its presence throughout the countryside. The Committee provides $17,000,000 in the FMF account for three DC-3 aircraft to increase the CNP's mobility. The Committee strongly encourages the Colombian Government to consolidate its control in the countryside by providing social and economic services in areas secured by the police or military.

The Committee remains concerned with the lack of reform of the Colombian Armed Forces, and hopes that the President and the Minister of Defense will swiftly complete their review of the military and initiate the process of reform. The Committee views the Colombian military as a particularly weak link in the fight against terrorism and narcotics, and continues restrictions on assistance to the military on progress in investigating and prosecuting human rights abuses and progress by the military in severing links with paramilitary groups.

The Committee directs that not less than 90 days after enactment of this Act and 90 days thereafter, the Secretary of State shall submit a report to the Committee, including a classified annex if necessary, describing: (1) the budgetary impact for fiscal year 2004 and each fiscal year thereafter for the next 3 fiscal years of State Department and other relevant agency programs and activities funded pursuant to Plan Colombia and the Andean Counterdrug Initiative, including the projected cost per year of maintaining and operating equipment, including aircraft, that the United States has provided to Colombia; (2) progress, to date, that the United States has made in turning over management and implementation of Plan Colombia and Andean Counterdrug Initiative programs and activities from United States personnel or contractors to the Colombian Government; and (3) the exit strategy that would transfer such programs and activities to the Colombian Government.


NARCOTICS SPILLOVER
The Committee remains concerned with the spillover effect of narcotics, guns and guerillas to countries bordering Colombia. Given Constitutional restrictions by some countries to conduct fumigation of illicit crops--and the absence of political will by others to address the narcotics problem head on--the Committee recommends the State Department prepare a contingency plan to address increases in coca or poppy growth in ACI countries. The Committee is concerned that absent such a plan, the spillover effect will quickly overwhelm the ability of countries bordering Colombia to maintain domestic security and stability.


VENEZUELA
The Committee is alarmed by reports of cooperation and collusion between Venezuelan authorities and Colombian terrorists. The Committee includes a provision that restricts assistance to Venezuela, excluding democracy assistance, if the Secretary of State certifies that Venezuela is assisting, harboring, or providing sanctuary for Colombian terrorist organizations. The Committee provides not less than $5,000,000 for democracy and rule of law assistance for Venezuela.

Foreign Military Financing
House bill language
Senate bill language

For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,314,000,000: Provided, That of the funds appropriated under this heading, not less than $2,160,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than $568,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That funds appropriated by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a).

None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 515 of this Act: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Indonesia, Guatemala, Sudan, and Liberia: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the `Foreign Military Sales Financing Program' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $40,500,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That not more than $361,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2004 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt during fiscal year 2004 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act.

For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,384,000,000: Provided, That of the funds appropriated under this heading, not less than $2,160,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than $568,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this paragraph, $206,000,000 shall be made available for assistance for Jordan: Provided further, That of the funds appropriated by this paragraph, $2,500,000 shall be made available for assistance for Armenia: Provided further, That of the funds appropriated by this paragraph, $15,000,000 shall be transferred to and merged with funds appropriated under the heading `Nonproliferation, Anti-Terrorism, Demining and Related Programs', and made available, in addition to amounts otherwise available for such purposes, as follows: $10,000,000, to remain available until expended, shall be made available to carry out the provisions of section 504 of the FREEDOM Support Act for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament; $2,000,000 shall be made available to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for the Small Arms/Light Weapons Destruction program; and $3,000,000 shall be made available as an additional contribution to the International Atomic Energy Agency: Provided further, That of the funds appropriated by this paragraph, not less than $17,000,000 shall be transferred to and merged with funds appropriated under the heading `Andean Counterdrug Initiative' and made available for aircraft and related assistance for the Colombian National Police: Provided further, That funds appropriated by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a).
Colombia-specific human rights conditions
House bill language Senate bill language

SEC. 557. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding any other provision of law, funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:

(1) Up to 75 percent of such funds may be obligated prior to a determination and certification by the Secretary of State pursuant to paragraph (2).

(2) The balance of such funds may be obligated only after the Secretary of State certifies and reports 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 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 is punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations.

(C) 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).

(D) 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.

(E) The Colombian Armed Forces are executing orders for capture of leaders of paramilitary organizations that continue armed conflict.

(b) CONSULTATIVE PROCESS- At least 10 days prior to making the certification required by subsection (a), the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection.

(c) 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.

SEC. 664. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding any other provision of law, funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:

(1) Up to 50 percent of such funds may be obligated prior to a determination and certification by the Secretary of State pursuant to paragraph (2).

(2) Up to 25 percent of such funds may be obligated only after the Secretary of State certifies and reports 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, according to the Minister of Defense 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.

(B) The Colombian Government is vigorously investigating and prosecuting 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 is promptly punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations.

(C) The Colombian Armed Forces have made substantial progress in 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).

(D) The Colombian Armed Forces have made substantial progress in 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, especially in regions where these organizations have a significant presence.

(E) The Colombian Armed Forces are dismantling paramilitary leadership and financial networks by arresting commanders and financial backers, especially in regions where these networks have a significant presence.

(3) The balance of such funds may be obligated after July 31, 2004, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) 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 certifications required by subsection (a), the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection.

(c) 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
House bill language Senate bill language

SEC. 558. (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.

SEC. 665. (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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