excerpts from conference report on H.R. 2506, the 2002 Foreign Operations
Appropriations bill (with annotations)
text only, without annotations)
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
$625,000,000, 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
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,
Additional $35 million: The $625 million can become $660
million by taking funding out of the budget of the State Department's
program, which funds counter-narcotics programs worldwide.
That program's budget for 2002 is $215 million, so $35 million
would be a substantial cut.
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 funds
appropriated by this Act that are used for the procurement of chemicals
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, the Secretary of the Department of Agriculture,
and, if appropriate, the Director of the Centers for Disease Control
and Prevention, determines and reports to the Committees on Appropriations
that (1) aerial coca fumigation is being carried out in accordance
with regulatory controls required by the
Straight to AID: This provision guarantees that (a) over
one-third of the region-wide package must be social and economic
aid (the original administration request was 40 percent);
and (b) funds for social and economic programs will be appropriated
directly to the U.S. Agency for International Development
(USAID) instead of first passing through the State Department's
anti-narcotics bureau, as they did last year.
Protection Agency as labeled for use in the United States, and after
consultation with the Colombian Government to ensure that the fumigation
is in accordance with Colombian laws; (2) 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 (3) 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
Fumigation certification: This rather self-explanatory
language cuts off money for new herbicides until the State
Department (along with the other agencies mentioned) can
certify that several conditions exist. In fact, these conditions
may not exist right now. Labels
on Monsanto's "Round-Up" herbicide indicate that
the product must not be used near bodies of water and that
people and animals should stay out of sprayed areas until
the herbicide has dried. Many local authorities and NGOs
have documented health effects of fumigations (see, for
instance, reports from the Contraloría
General de la República de Colombia,
Wildlife Fund, International
Labor Rights Fund, and
among others). While a Colombian government procedure for
compensating unjustly sprayed crops exists on paper (through
the Environmental Oversight office of the National Narcotics
Directorate), this mechanism has been employed in very few
also that this provision only cuts off purchases
of herbicides. If the State Department and Colombian government
have been stockpiling "Round-Up," this certification
requirement will have no effect on the fumigation program.
funds may not be made available for such purposes after six months
from the date of enactment of this Act unless alternative development
programs have been developed, in consultation with communities and
local authorities in the departments in which such aerial coca fumigation
is planned, and in the departments in which such aerial coca fumigation
has been conducted such programs are being implemented: Provided
Fumigation and alternative development: This provision
reflects a growing belief in Congress that fumigation without
alternative development opportunities in place is unlikely
to reduce net coca cultivation. It requires that some alternative-development
programs already be functioning in zones where coca holdings
are to be fumigated.
of the funds appropriated by this Act may be made available to support
a Peruvian air interdiction progra m
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
safeguards and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident :
Provided further, That
Shootdown policy: The U.S. strategy of passing intelligence
about suspected drug-smuggling flights to the Peruvian and
Colombian Air Forces has been suspended since the accidental
of a planeload of U.S. missionaries over Peru in April 2001.
In this section, Congress seeks assurances that new safeguards
are in place to avoid any new accidents.
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
Section 482(b): This provision waives section 482(b)
of the Foreign Assistance Act, which normally prohibits
the use of counter-narcotics funds for weapons or ammunition
(unless they are to be used for the defensive arming of
anti-drug aircraft or for defensive purposes by State Department
employees or contract personnel engaged in counternarcotics
aid is subject to "normal notification procedures,"
the leaders of both houses' appropriations committees must
be notified in advance when new aid is to be obligated;
chairmen and ranking minority-party members of these committees
occasionally freeze such aid until certain conditions are
met or negotiated.
3204(b)(1)(A) of Public Law 106-246 is amended by striking ``500''
and inserting in lieu thereof ``400'', and section 3204(b)(1)(B)
of Public Law 106-246 is amended by striking ``300'' and inserting
in lieu thereof ``400'': 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 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
The "cap" on troops and contractors: The
2000-2001 "Plan Colombia" aid package
held the presence of U.S. military personnel in Colombia
to a maximum of 500, and held private contractors' presence
to a maximum of 300. While U.S.
officials have claimed
that the military presence has not exceeded 400, they have
argued for a lifting of the contractor cap. Neither house
of Congress was willing to extend the overall number of
U.S. personnel (military plus contractors) beyond 800; the
House called for a combined total of 800, and the Senate
kept the previous 500-300 split. The compromise version
lowers the military limit to 400 and raises the contractors'
legal presence to 400 U.S. citizens. (Foreign-country nationals
are excluded from this count.)
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.
Helicopter end-use: This provision was also included
in the 2000-2001 "Plan Colombia" aid package.
SEC. 567. (a) DETERMINATION AND CERTIFICATION REQUIRED.--Notwithstanding
any other provision of law,
appropriated by this Act or prior Acts making appropriations for
foreign operations, export financing, and related programs, may
be made available for assistance for the Colombian Armed Forces
Human rights conditions: Language conditioning military
aid to Colombia on human rights performance -- which was
included in the bill's Senate version -- is similar to that
found in the 2000 "Plan Colombia" aid package,
with four key exceptions:
This year, there is no waiver on the conditions. The President
cannot disregard the conditions if he finds "that to
do so is in the national security interest."
This year's conditions have been softened in a way that
may make it easier to certify the Colombian military's compliance.
In condition (A), for instance, "promptly suspending"
has been reduced this year to "suspending." In
condition (B), "cooperating fully" has been reduced
to "cooperating." While last year's law required
the Colombian government to be "vigorously prosecuting
in the civilian courts" paramilitary leaders and their
military collaborators, condition (C) calls only for "effective
measures to sever links" between the armed forces and
Forty percent of aid is withheld until June 2002, when certification
must take place again. This will avoid a repeat of January
2001, when the outgoing Clinton Administration skipped a
second certification/waiver by claiming it was unnecessary,
since all funds had already been obligated.
Consultations with human rights NGOs and reporting on progress
toward the conditions must now take place every four months
instead of every six months.
(1) not more than sixty percent of such funds 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 groups;
(B) the Colombian Armed Forces are cooperating with civilian prosecutors
and judicial authorities (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
and relevant military documents and other information), in prosecuting
and punishing in civilian courts 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
(C) the Colombian Armed Forces are taking effective measures to
sever links (including by 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 groups, and to execute outstanding
orders for capture for members of such groups; and
(2) the balance of such funds may be obligated after June 1, 2002,
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) and (C).
(b) CONSULTATIVE PROCESS.--At least ten days prior to making the
determination and certification required by this section, and
every 120 days thereafter during fiscal year 2002, the Secretary
of State shall consult with internationally recognized human rights
organizations regarding progress in meeting the conditions contained
in subsection (a).
(c) REPORT.--One hundred and twenty days after the enactment of
this Act, and every 120 days thereafter during fiscal year 2002,
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)(C); and
(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
(2) PARAMILITARY GROUPS.--The term ``paramilitary groups'' means
illegal self-defense groups and illegal security cooperatives.
ILLEGAL ARMED GROUPS
568. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED
GROUPS.--Subject to subsection (b),
Secretary of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
Visa denial: A new provision, this requirement applies
to suspected supporters -- and not just members -- of all
three Colombian groups on the State Department's list of
Foreign Terrorist Organizations.
(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.
Report language: The bill comes with a report clarifying
the Conference Committee's intent and expectations for the
law, as well as other concerns and the occasional request
The conference agreement appropriates $625,000,000, instead of
$675,000,000 as proposed by the House and $547,000,000 as proposed
by the Senate.
Additionally, the conference agreement allows for the authority
to provide up to $35,000,000 through a permissive transfer from
the International Narcotics Control and Law Enforcement funds.
The managers intend that this discretionary authority shall apply
only to funds within the International Narcotics Control and Law
Enforcement account in this Act and in prior Acts making appropriations
for foreign operations, export financing, and related programs.
Such a transfer is subject to the regular notification procedures
of the House and Senate Committees on Appropriations. In the event
of such a transfer, the managers intend for the funds to support
interdiction, alternative development, or other economic assistance
to the Andean countries. The managers emphasize that there are
other funds for Andean nations in this Act that may be made available
for the Andean Regional Initiative (ARI).
The conference agreement includes no earmarks for Bolivia, Ecuador,
or Venezuela as proposed by the Senate. The House did not address
Earmarks: The Senate's legislation
had required that Bolivia receive at least $101 million,
and Ecuador at least $35 million, leaving $411 million or
less for the other Andean Regional Initiative countries
(Colombia, Peru, Brazil, Panama, and Venezuela). This requirement
was removed from the bill's final version, but a strong
suggestion of $86 million for Bolivia and $33 million for
Ecuador is in the report language. Complying would leave
$506 million for the other five Andean Regional countries.
managers strongly support the provision of $86,000,000 for assistance
for Bolivia, and $33,000,000 for assistance for Ecuador. The
managers note the success these countries have had in combating
narcotics cultivation and trafficking, and expect the Department
of State to ensure that successful programs and activities continue
under the ARI.
The conference agreement does not include Senate bill language
making available $2,000,000 for democracy-building activities
in Venezuela. The managers strongly support efforts to promote
democracy, the rule of law, and civil society in Venezuela and
note with concern that the country remains a significant transit
route for illegal drugs destined for the United States.
The conference report does not include language proposed by the
Administration that would have exempted funds appropriated in
fiscal year 2002 and subsequent fiscal years from the limitation
imposed in section 3204(a) of the Emergency Supplemental Act,
2000 (P.L. 106-246). It is the conferees' understanding that funds
appropriated in this Act that are made available in support of
Plan Colombia satisfy the conditions set forth in section 3204(a)
of the Emergency Supplemental Act, 2000 (P.L. 106-246).
Fiscalía Human Rights Unit: Aid to the Human
Rights Unit of the Colombian Government Chief Prosecutor's
Office (Fiscalía) has so far consisted mainly
of training and some equipment which, as the report language
indicates, is not what the unit says it needs most. The
appropriators ask that they be consulted before future aid
allocations to the unit.
managers are concerned that funds included in P.L. 106-246 for
assistance for the Colombian Fiscalia Human Rights Office, have
been allocated without consultation with the Appropriations Committees
for purposes that do not address this unit's priority needs of
security, mobility and communications equipment for prosecutors,
in particular for those prosecutors based in secondary cities
and outlying regions. The managers direct the Department of
State and Department of Justice to consult with the committees
prior to the obligation or expenditure of funds appropriated in
this Act or in P.L. 106-246 for administration of justice programs
in Colombia regarding the use of such funds.
The Colombian National Police (CNP) anti-drug unit has the lead
law enforcement role in the overall fight against illicit drugs
and a commendable human rights record. The CNP has already been
provided at least 8 Black Hawks and nearly 30 Huey II helicopters
by the United States to carry out this important drug fighting
function including providing protection of the eradication planes.
managers believe it is vital that the CNP now be provided adequate
spare parts and maintenance monies to keep this equipment flying
at the high rates of operation that has been seen to date. The managers
expect the Department of State to maximize the U.S. investment in
these expensive helicopters and other equipment provided the CNP
by providing adequate parts.
Colombian National Police spare parts: This request
reflects concerns of House Republicans who have pressured
for years to equip the new CNP anti-drug unit.
The conference agreement includes language, similar to the Senate
amendment, requiring consultations, a determination and report
by the Secretary of State to ensure that chemicals used in the
aerial fumigation of coca do not pose unreasonable health or safety
risks to humans or the environment, and that the fumigation is
conducted in accordance with regulatory controls in the U.S. as
described in the
23, 2001 State Department health and safety report on aerial spraying.
Additionally, the managers have required the Secretary of State
to consult with the Colombian government to ensure that the spraying
is in accordance with Colombian laws.
The managers are concerned with the lack of effective procedures
for evaluating claims of local citizens that their health was
harmed or their licit agricultural crops were damaged by such
fumigation. The managers are informed that, in order to correct
these problems, new procedures for handling claims have been put
in place. The conference agreement requires the Secretary to determine
and report that procedures are available to evaluate such claims,
managers direct the Secretary to report to the Committees on Appropriations
not later than 90 days after enactment on the effectiveness of these
Report on compensation procedures: This report will
be due ninety days after the bill is signed into law (probably
The managers are concerned that coca eradication in some areas
has proceeded before effective alternative development programs
have been in place, and that some farmers in those areas have
already replanted coca. In order to ensure that farmers whose
coca is eradicated have alternative sources of income, access
to markets and social services, the Conference Agreement includes
Senate language requiring that within 6 months of the date of
enactment alternative development programs have been developed
in consultation with communities and local authorities in each
department in which aerial fumigation is planned, and that such
programs are being implemented in each department in which aerial
coca fumigation has been conducted.
The conference agreement includes the Senate provision requiring
the return of any helicopter found to aid or abet paramilitary
groups. The House did not address this matter.
While the managers fully appreciate the linkages between narco-traffickers
and Colombian guerrilla movements and paramilitary organizations,
they remain concerned with the prospects of involvement by the
United States in Colombia's civil war.
managers strongly express reservations and objections to any mission
creep in Colombia beyond ongoing counterdrug efforts.
A clear recommendation against a counter-insurgency mission
The conference agreement includes a provision prohibiting funds
for the resumption of flights in support of a Peruvian air interdiction
program until a system of enhanced safeguards are in place. The
conference agreement differs from the conditions on funding for
Peru as proposed by the House. The first condition, the submission
of a report by the Secretary of State, has been provided to the
Congress. The second condition requires that the resumption of
flights in Peru must include enhanced safeguards, and to date
the State Department has not decided to resume flights in Peru.
The Senate did not address this matter.
The conference agreement makes available $14,240,000 for administrative
expenses of the Department of State and $4,500,000 for the U.S.
Agency for International Development.
conference agreement includes a modified version of the Senate
provision on Colombia. The House did not address this matter.
The managers are concerned with the alarming number of human rights
violations and massacres of civilians in Colombia by paramilitary
forces, kidnapping and other abuses by guerrilla forces, as well
as persistent reports of aiding and abetting of paramilitaries
by some units of the Colombian Armed Forces. The conference agreement
includes language that provides for the obligation of 60 percent
of funds appropriated for the Colombian Armed Forces if certain
conditions relating to human rights are met, and for the obligation
of the balance of funds after June 1, 2002 if such are conditions
The conditions on assistance to the Colombian Armed Forces require
suspending individuals, of whatever rank, who have been credibly
alleged to have committed gross violations of human rights or
to have aided or abetted paramilitary groups. By ``suspending''
the managers refer to removal from active duty and assignment
to administrative duties only without combat responsibilities
or command of troops in the field, pending investigation and prosecution,
when civilian prosecutors determine there is credible evidence
to support such allegations.
The conditions on assistance to the Colombian Armed Forces also
require their cooperation with civilian prosecutors and judicial
authorities, in prosecuting and punishing in civilian courts members
of the Armed Forces who have been credibly alleged to have committed
gross violations of human rights or aided or abetted paramilitary
groups, including members who have been suspended for allegedly
committing such crimes.
Section 568. Illegal Armed Groups
conference agreement includes the provision in the Senate amendment
prohibiting the Secretary of State from issuing visas to individuals
with ties to illegal armed groups in Colombia. The House did not
address this matter.
of December 21, 2001, this document was also available online