Alliance
with Colombia and the Andean Region (ALIANZA) Act of 1999 (S. 1758)
S
1758 IS
106th CONGRESS
1st Session
S. 1758
To authorize urgent support for Colombia and front line states to secure
peace and the rule of law, to enhance the effectiveness of anti-drug efforts
that are essential to impeding the flow of deadly cocaine and heroin from
Colombia to the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 20, 1999
Mr. COVERDELL (for himself, Mr. DEWINE, and Mr. GRASSLEY) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
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A BILL
To authorize urgent support for Colombia and front line states to secure
peace and the rule of law, to enhance the effectiveness of anti-drug efforts
that are essential to impeding the flow of deadly cocaine and heroin from
Colombia to the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE
OF CONTENTS.
(a) SHORT TITLE- This Act
may be cited as the `Alliance with Colombia and the Andean Region (ALIANZA)
Act of 1999'.
(b) TABLE OF CONTENTS- The
table of contents of this Act is as follows:
Sec. 1. Short title; table
of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--UNITED STATES POLICY
AND PERSONNEL
Sec. 101. Statement of policy
regarding support for democracy, peace, the rule of law, and human rights
in Colombia.
Sec. 102. Requirement for
a comprehensive regional strategy to support Colombia and the front line
states.
Sec. 103. Availability of
funds conditioned on submission of strategic plan and application of congressional
notification procedures.
Sec. 104. Limitation on availability
of funds.
Sec. 105. Sense of Congress
on unimpeded access by Colombian law enforcement officials to all areas
of the national territory of Colombia.
Sec. 106. Extradition of narcotics
traffickers.
Sec. 107. Additional personnel
requirements for the United States mission in Colombia.
Sec. 108. Sense of Congress
on a special coordinator on Colombia.
Sec. 109. Sense of Congress
on the death of three United States citizens in Colombia in March 1999.
Sec. 110. Sense of Congress
on members of Colombian security forces and members of Colombian irregular
forces.
TITLE II--ACTIVITIES SUPPORTED
Subtitle A--Democracy, Peace,
the Rule of Law, and Human Rights in Colombia
Sec. 201. Support for democracy,
peace, the rule of law, and human rights in Colombia.
Sec. 202. United States emergency
humanitarian assistance fund for internally forced displaced population
in Colombia.
Sec. 203. Investigation by
Colombian Attorney General of drug trafficking and human rights abuses
by irregular forces and security forces.
Sec. 204. Report on Colombian
military justice.
Sec. 205. Denial of visas
to and inadmissibility of aliens who have been involved in drug trafficking
and human rights violations in Colombia.
Subtitle B--Eradication of
Drug Production and Interdiction of Drug Trafficking
Sec. 211. Targeting new illicit
cultivation and mobilizing the Colombian security forces against the narcotrafficking
threat.
Sec. 212. Reinvigoration of
efforts to interdict illicit narcotics in Colombia.
Sec. 213. Enhancement of Colombian
police and navy law enforcement activities nationwide.
Sec. 214. Targeting illicit
assets of irregular forces.
Sec. 215. Enhancement of regional
interdiction of illicit drugs.
Sec. 216. Revised authorities
for provision of additional support for counter-drug activities of Colombia
and Peru.
Sec. 217. Sense of Congress
on assistance to Brazil.
Sec. 218. Monitoring of assistance
for Colombian security forces.
Sec. 219. Development of economic
alternatives to the illicit drug trade.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to prescribe proactive
measures to confront the threat to United States interests of continued
instability in Colombia;
(2) to defend constitutional
order, the rule of law, and human rights, which will benefit all persons;
(3) to support the democratically
elected Government of the Republic of Colombia to secure a firm and lasting
end to the armed conflict and lawlessness within its territory, which
now costs countless lives, threatens regional security, and undermines
effective anti-drug efforts;
(4) to require the President
to design and implement an urgent, comprehensive, and adequately funded
plan of support for Colombia and its neighbors;
(5) to authorize adequate
funds to implement an urgent and comprehensive plan of economic development
and anti-drug support for Colombia and the front line states;
(6) to authorize indispensable
material, technical, and logistical support to enhance the effectiveness
of anti-drug efforts that are essential to impeding the flow of deadly
cocaine and heroin from Colombia to the United States; and
(7) to bolster the capacity
of the front line states to confront the current destabilizing effects
of the Colombia conflict and to resist illicit narcotics trafficking activities
that may seek to elude enhanced law enforcement efforts in Colombia.
SEC. 3. FINDINGS.
Congress makes the following
findings:
(1) The armed conflict and
resulting lawlessness in Colombia present a clear and present danger to
the security of the front line states, to law enforcement efforts intended
to impede the flow of cocaine and heroin, and, therefore, to the well-being
of the people of the United States.
(2) Colombia is a democratic
country fighting multiple wars, against the Colombian Revolutionary Armed
Forces (FARC), the National Liberation Army (ELN), paramilitary organizations,
and international narcotics trafficking kingpins.
(3) With 34 percent of world
terrorist acts committed there, Colombia is the world's third most dangerous
country in terms of political violence.
(4) Colombia is the world's
kidnapping capital of the world with 2,609 kidnappings reported in
1998 and 513 reported in the first three months of 1999.
(5) In 1998 alone, 308,000 Colombians were internally displaced in Colombia.
During the last decade, 35,000 Colombians have been killed.
(6) The FARC and the ELN are
the two main guerrilla groups that have waged the longest-running anti-government
insurgency in Latin America.
(7) The FARC and the ELN engage
in systematic extortion through the abduction of United States citizens,
have murdered United States citizens, profit from the illegal drug trade,
and engage in systematic and indiscriminate crimes, including kidnapping,
torture, and murder, against Colombian civilian and security forces.
(8) The FARC and the ELN have
targeted United States Government personnel, private United States citizens,
and United States business interests.
(9) In March 1999, the FARC
murdered three kidnapped United States human rights workers near the international
border between Colombia and Venezuela.
(10) The Colombian rebels
are estimated to have a combined strength of 10,000 to 20,000 full-time
guerrillas, and they have initiated armed action in nearly 700 of the
country's 1,073 municipalities and control or influence roughly 60 percent
of rural Colombia.
(11) The Government of Colombia
has recovered 5,000 new AK-47s from guerrilla caches in 1 month, and the
FARC has plotted to use $3,000,000 in funds earned from drug trafficking
to buy 30,000 AK-47s.
(12) Although the Colombian
Army has 122,000 soldiers, there are no more than 40,000 soldiers available
for offensive combat operations.
(13) Colombia faces the threat
of an estimated 5,000 armed persons who comprise paramilitary organizations,
who engage in lawless acts and undermine the peace process.
(14) Paramilitary organizations
profit from the illegal drug trade and engage in systematic and indiscriminate
crimes, including extortion, kidnapping, torture, and murder, against
Colombian civilians.
(15) The conflict in Colombia
is creating instability along its borders with neighboring countries,
Ecuador, Panama, Peru, and Venezuela, several of which have deployed forces
to their border with Colombia.
(16) Coca production has increased
28 percent in Colombia since 1998, and already 75 percent of the world's
cocaine and 75 percent of the heroin seized in the northeast United States
is of Colombian origin.
(17) The first 900-soldier
Counternarcotics Battalion has been established within the Colombian Army
with training and logistical support of the United States military and
the Department of State international narcotics and law enforcement program,
and it will be ready for deployment in areas of new illicit coca cultivation
in southern Colombia by November 1999.
(18) In response to serious
human rights abuse allegations by the Colombian military, the Government
of Colombia has dismissed alleged abusers and undertaken military reforms,
and, while the Colombian military was implicated in 50 percent of human
rights violations in 1995, by 1998, the number of incidents attributed
to the military plummeted to 4-6 percent.
(19) The Government of Colombia
has convicted 240 members of the military and police accused of human
rights violations.
(20) In 1998, two-way trade
between the United States and Colombia was more than $11,000,000,000,
making the United States Colombia's number one trading partner and Colombia
the fifth largest market for United States exports in the region.
(21) Colombia is experiencing
a historic economic recession, with unemployment rising to approximately
20 percent in 1999 after 40 years of annual economic growth averaging
5 percent per year.
(22) The Colombian judicial
system is inefficient and ineffective in bringing to justice those who
violate the rule of law.
(23) The FARC continue to
press for an exchange of detained rebels, which, if granted, will enable
the FARC to increase its manpower in the short term by as many as 4,000
combatants.
(24) The Drug Enforcement
Administration has reported that the Colombian irregular forces are involved
in drug trafficking and that certain irregular forces leaders have become
major drug traffickers.
SEC. 4. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL
COMMITTEES- Except as provided in section 218, the term `appropriate congressional
committees' means--
(A) the Committee on Appropriations
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Appropriations
and the Committee on International Relations of the House of Representatives.
(2) FRONT LINE STATES- The
term `front line states' means Bolivia, Brazil, Ecuador, Panama, Peru,
and Venezuela.
(3) ILLICIT DRUG TRAFFICKING-
The term `illicit drug trafficking' means illicit trafficking in narcotic
drugs, psychotropic substances, and other controlled substances (as defined
in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)),
as such activities are described by any international narcotics control
agreement to which the United States is a signatory, or by the domestic
law of the country in whose territory or airspace the interdiction is
occurring.
(4) IRREGULAR FORCES- The
term `irregular forces' means irregular armed groups engaged in illegal
activities, including the Colombia Revolutionary
Armed Forces (FARC), the National Liberation Army (ELN), and paramilitary
organizations.
TITLE I--UNITED STATES POLICY AND PERSONNEL
SEC. 101. STATEMENT OF POLICY
REGARDING SUPPORT FOR DEMOCRACY, PEACE, THE RULE OF LAW, AND HUMAN RIGHTS
IN COLOMBIA.
It shall be the policy of
the United States--
(1) to support the democratically
elected Government of the Republic of Colombia in its efforts to secure
a firm and lasting end to the armed conflict and lawlessness within its
territory, which now costs countless lives, threatens regional security,
and undermines effective anti-drug efforts;
(2) to insist that the Government
of Colombia complete urgent reform measures intended to open its economy
fully to foreign investment and commerce, particularly in the petroleum
industry, as a path toward economic recovery and self-sufficiency;
(3) to promote the protection
of human rights in Colombia by conditioning assistance to security forces
on respect for all internationally recognized human rights;
(4) to support Colombian authorities
in strengthening judicial systems and investigative capabilities to bring
to justice any person against whom there exists credible evidence of gross
violations of human rights;
(5) to expose the lawlessness
and gross human rights violations committed by irregular forces in Colombia;
and
(6) to mobilize international
support for the democratically elected Government of the Republic of Colombia
so that that government can resist making unilateral concessions that
undermine the credibility of the peace process.
SEC. 102. REQUIREMENT FOR
A COMPREHENSIVE REGIONAL STRATEGY TO SUPPORT COLOMBIA AND THE FRONT LINE
STATES.
(a) REPORT REQUIRED- Not later
than 60 days after the date of enactment of this Act, the President shall
submit to the appropriate congressional committees and the Caucus on International
Narcotics Control of the Senate a report on the current United States
policy and strategy regarding United States counternarcotics assistance
for Colombia and the front line states.
(b) REPORT ELEMENTS- The report
required by subsection (a) shall address the following:
(1) The primary and second
priorities of the United States in its relations with Colombia and the
front line states that are the source of most of the illicit narcotics
entering the United States.
(2) The actions required of
the United States to support and promote such priorities.
(3) A schedule for implementing
actions in order to meet such priorities.
(4) The role of the United
States in the efforts of the Government of Colombia to deal with illegal
drug production in Colombia.
(5) The role of the United
States in the efforts of the Government of Colombia to deal with the insurgency
in Colombia.
(6) The role of the United
States in the efforts of the Government of Colombia to deal with irregular
forces in Colombia.
(7) How the strategy with
respect to Colombia relates to the United States strategy for the front
line states.
(8) How the strategy with
respect to Colombia relates to the United States strategy for fulfilling
global counternarcotics goals.
(9) A strategy and schedule
for providing urgent material, technical, and logistical support to Colombia
and the front line states in order to defend the rule of law and to more
effectively impede the cultivation, production, transit, and sale of illicit
narcotics.
SEC. 103. AVAILABILITY OF
FUNDS CONDITIONED ON SUBMISSION OF STRATEGIC PLAN AND APPLICATION OF CONGRESSIONAL
NOTIFICATION PROCEDURES.
Funds made available to carry
out this Act shall only be made available--
(1) upon submission to Congress
by the President of the plan required by section 102; and
(2) in accordance with the
procedures applicable to reprogramming notifications under section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
SEC. 104. LIMITATION ON AVAILABILITY
OF FUNDS.
(a) INELIGIBILITY OF UNITS
OF SECURITY FORCES FOR ASSISTANCE- The same restrictions contained in
section 568 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999 (as contained in section 101(d) of division A
of Public Law 105-277) and section 8130 of Public Law 105-262 that apply
to the availability of funds under those Acts shall apply to the availability
of funds under this Act.
(b) ADDITIONAL RESTRICTIONS-
In addition to the application of the restrictions described in subsection
(a), those restrictions shall apply with respect to the availability of
funds for a unit of the security forces of Colombia if the Secretary of
State reports to Congress that credible evidence exists that a member
of that unit has provided material support to irregular forces in Colombia
or to any criminal narcotics trafficking syndicate that operates in Colombia.
The Secretary of State may detail such evidence in a classified annex
to any such report, if necessary.
SEC. 105. SENSE OF CONGRESS
ON UNIMPEDED ACCESS BY COLOMBIAN LAW ENFORCEMENT OFFICIALS TO ALL AREAS
OF THE NATIONAL TERRITORY OF COLOMBIA.
It is the sense of Congress
that the effectiveness of United States anti-drug assistance to Colombia
depends on the ability of law enforcement officials of that country having
unimpeded access to all areas of the national territory of Colombia for
the purposes of carrying out the interdiction of illegal narcotics and
the eradication of illicit crops.
SEC. 106. EXTRADITION OF NARCOTICS
TRAFFICKERS.
(a) SENSE OF CONGRESS- It
is the sense of Congress that the Government of Colombia and the governments
of the front line states should take effective steps to prevent the creation
of a safe haven for narcotics traffickers by ensuring that narcotics traffickers
indicted in
the United States are promptly arrested, prosecuted, and sentenced to
the maximum extent of the law and, upon the request of the United States
Government, extradited to the United States for trial for their egregious
offenses against the security and well-being of the people of the United
States.
(b) REPORTS- Not later than six months after the date of the enactment
of this Act, and every six months thereafter, the Secretary of State shall
submit to the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on International Relations and
the Committee on the Judiciary of the House of Representatives a report
setting forth--
(1) a list of the persons
whose extradition has been requested from Colombia or the front line states,
indicating those persons who--
(A) have been surrendered
to the custody of United States authorities;
(B) have been detained by
authorities of Colombia or a front line state and who are being processed
for extradition;
(C) have been detained by
the authorities of Colombia or a front line state and who are not yet
being processed for extradition; or
(D) are at large;
(2) a determination whether
or not authorities of Colombia and the front line states are making good
faith efforts to ensure the prompt extradition of each of the persons
sought by United States authorities; and
(3) an analysis of--
(A) any legal obstacles in
the laws of Colombia and of the front line states to the prompt extradition
of persons sought by United States authorities; and
(B) the steps taken by authorities
of the United States and the authorities of each such state to remove
such obstacles.
SEC. 107. ADDITIONAL PERSONNEL
REQUIREMENTS FOR THE UNITED STATES MISSION IN COLOMBIA.
(a) REPORT TO CONGRESS- Not
later than 60 days after the date of enactment of this Act, the President
shall submit to the appropriate congressional committees a report detailing
the additional personnel requirements of the United States Mission in
Colombia that are necessary to implement this Act.
(b) FUNDING OF REPORT RECOMMENDATIONS-
(1) AUTHORIZATION OF APPROPRIATIONS-
(A) IN GENERAL- In addition
to amounts otherwise available for such purpose, there are authorized
to be appropriated to the relevant departments and agencies of the United
States for the period beginning October 1, 1999, and ending September
30, 2002, such sums as may be necessary to pay the salaries of such number
of additional personnel as are recommended in the report required by subsection
(a).
(B) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to subparagraph (A) are authorized to remain
available until expended.
(2) ADDITIONAL PERSONNEL DEFINED-
In paragraph (1), the term `additional personnel' means the number of
personnel above the number of personnel employed in the United States
Mission in Colombia as of the date of enactment of this Act.
SEC. 108. SENSE OF CONGRESS
ON A SPECIAL COORDINATOR ON COLOMBIA.
It is the sense of Congress
that the President should designate a special coordinator on Colombia
with sufficient authority--
(1) to coordinate interagency
efforts to prepare and implement a comprehensive regional strategy to
support Colombia and the front line states;
(2) to advocate within the
executive branch adequate funding for and urgent delivery of assistance
authorized by this Act; and
(3) to coordinate diplomatic
efforts to maximize international political and financial support for
Colombia and the front line states.
SEC. 109. SENSE OF CONGRESS
ON THE DEATH OF THREE UNITED STATES CITIZENS IN COLOMBIA IN MARCH 1999.
It is the sense of Congress
that the Government of Colombia should resolve the case of the three United
States citizens killed in Colombia in March 1999 and bring to justice
those involved in this atrocity.
SEC. 110. SENSE OF CONGRESS
ON MEMBERS OF COLOMBIAN SECURITY FORCES AND MEMBERS OF COLOMBIAN IRREGULAR
FORCES.
It is the sense of Congress
that--
(1) any links between members
of Colombian irregular forces and members of Colombian security forces
are deeply troubling and clearly counterproductive to the effort to combat
drug trafficking and the prevention of human rights violations; and
(2) the involvement of Colombian
irregular forces in drug trafficking and in systematic terror campaigns
targeting the noncombatant civilian population is deplorable and contrary
to United States interests and policy.
TITLE II--ACTIVITIES SUPPORTED
Subtitle A--Democracy, Peace,
the Rule of Law, and Human Rights in Colombia
SEC. 201. SUPPORT FOR DEMOCRACY,
PEACE, THE RULE OF LAW, AND HUMAN RIGHTS IN COLOMBIA.
(a) IN GENERAL- The President
is authorized to support programs and activities to advance democracy,
peace, the rule of law, and human rights in Colombia, including--
(1) the deployment of international
observers, upon the request of the Government of Colombia, to monitor
compliance with any peace initiative of the Government of Colombia;
(2) support for credible,
internationally recognized independent nongovernmental human rights organizations
working in Colombia;
(3) support for the Human
Rights Unit of the Attorney General of Colombia;
(4) to enhance the rule of
law through training of judges, prosecutors, and other judicial officials
and through a witness protection program;
(5) to improve police investigative
training and facilities and related civilian police activities; and
(6) to strengthen a credible
military justice system, including technical support by the United States
Judge Advocate General, and strengthen existing human rights monitors
within the ranks of the military.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- In addition
to amounts otherwise available for such purpose, there is authorized to
be appropriated to the President $100,000,000 for the period beginning
October 1, 1999, and ending September 30, 2002, to carry out subsection
(a).
(2) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 202. UNITED STATES EMERGENCY
HUMANITARIAN ASSISTANCE FUND FOR INTERNALLY FORCED DISPLACED POPULATION
IN COLOMBIA.
(a) SENSE OF CONGRESS- It
is the sense of Congress that--
(1) the United States Government
should provide assistance to forcibly displaced persons in Colombia; and
(2) the Government of Colombia
should support the return of the forcibly displaced to their homes only
when the safety of civilians is fully assured and they return voluntarily.
(b) REPORT- Not later than
60 days after the date of enactment of the Act, the Secretary of State
shall submit to the appropriate congressional committees a report containing
an examination of the options available to address the needs of the internally
displaced population of Colombia.
(c) AUTHORIZATION TO PROVIDE
ASSISTANCE- The President is authorized--
(1) to provide assistance
to the internally displaced population of Colombia; and
(2) to assist in the temporary
resettlement of the internally displaced Colombians.
(d) FUNDING- Amounts authorized
to be appropriated by section 201(b) shall be available to the President
for purposes of activities under subsection (c).
SEC. 203. INVESTIGATION BY
COLOMBIAN ATTORNEY GENERAL OF DRUG TRAFFICKING AND HUMAN RIGHTS ABUSES
BY IRREGULAR FORCES AND SECURITY FORCES.
(a) AUTHORITY- The President
is authorized to support efforts by the Attorney General of Colombia--
(1) to investigate and prosecute
members of Colombian irregular forces involved in the production or trafficking
in illicit drugs;
(2) to investigate and prosecute
members of Colombian security forces involved in the production or trafficking
in illicit drugs;
(3) to investigate and prosecute
members of Colombian irregular forces involved in gross violations of
internationally recognized human rights; and
(4) to investigate and prosecute
members of Colombian security forces involved in gross violations of internationally
recognized human rights.
(b) FUNDING- Amounts authorized
to be appropriated by section 201(b) shall be available to the President
for purposes of activities under subsection (a).
SEC. 204. REPORT ON COLOMBIAN
MILITARY JUSTICE.
(a) REPORT REQUIRED- Not later
than 90 days after the date of enactment of this Act, the Secretary of
State shall submit to the appropriate congressional committees a report
examining the efforts to strengthen and reform the military justice system
of Colombia and making recommendations for directing assistance authorized
by this Act for that purpose.
(b) REPORT ELEMENTS- The report
required by subsection (a) shall contain the following:
(1) A review of the laws,
regulations, directives, policies, and practices of the military justice
system of Colombia, including specific military reform measures being
considered and implemented.
(2) An assessment of the extent
to which the laws, regulations, directives, policies, practices, and reforms
relating to the military justice system have been effective in preventing
and punishing human rights violations, irregular forces, and narcotrafficking
ties.
(3) Recommendations for the
measures necessary to strengthen and improve the effectiveness and enhance
the credibility of the military justice system of Colombia.
SEC. 205. DENIAL OF VISAS
TO AND INADMISSIBILITY OF ALIENS WHO HAVE BEEN INVOLVED IN DRUG TRAFFICKING
AND HUMAN RIGHTS VIOLATIONS IN COLOMBIA.
(a) GROUNDS FOR DENIAL OF
VISAS AND INADMISSIBILITY- Except as provided in subsection (b), the Secretary
of State shall deny a visa to, and the Attorney General shall not admit
to the United States, any alien who the Secretary of State has credible
evidence is a person who--
(1) is or was an illicit trafficker
in any controlled substance or has knowingly aided, abetted, conspired,
or colluded with others in the illicit trafficking in any controlled substance
in Colombia; or
(2) ordered, carried out,
or materially assisted in gross violations of internationally recognized
human rights in Colombia.
(b) EXCEPTIONS-
(1) GROUNDS FOR EXCEPTION-
Subsection (a) does not apply in any case in which--
(A) the Secretary of State
finds, on a case by case basis, that--
(i) the entry into the United
States of the person who would otherwise be denied a visa or not admitted
under this section is necessary for medical reasons; or
(ii) the alien has cooperated
fully with the investigation of human rights violations; or
(B) the Attorney General of
the United States determines, on a case-by-case basis, that admission
of the alien to the United States is necessary for law enforcement purposes.
(2) CONGRESSIONAL NOTIFICATION-
Whenever an alien described in subsection (a) is issued a visa
pursuant to paragraph (1) or admitted to the United States pursuant to
paragraph (2), the Secretary of State or the Attorney General, as appropriate,
shall notify in writing the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of Representatives
of such action.
(c) REPORTING REQUIREMENT-
(1) LIST OF THE UNITED STATES
CHIEF OF MISSION- The United States chief of mission to Colombia shall
transmit to the Secretary of State a list of those individuals who have
been credibly alleged to have carried out drug trafficking and human rights
violations described in paragraphs (1) and (2) of subsection (a).
(2) TRANSMITTAL BY SECRETARY
OF STATE- Not later than three months after the date of the enactment
of this Act, the Secretary of State shall submit the list prepared under
paragraph (1) to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives.
(d) DEFINITIONS- In this section:
(1) CONTROLLED SUBSTANCE-
The term `controlled substance' has the meaning given the term in section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(2) HUMAN RIGHTS- The term
`human rights violations' means gross violations of internationally recognized
human rights within the meaning of sections 116 and 502B of the Foreign
Assistance Act of 1961.
Subtitle B--Eradication of
Drug Production and Interdiction of Drug Trafficking
SEC. 211. TARGETING NEW ILLICIT
CULTIVATION AND MOBILIZING THE COLOMBIAN SECURITY FORCES AGAINST THE NARCOTRAFFICKING
THREAT.
(a) AUTHORITY- The President
is authorized to support programs and activities by the Government of
Colombia, including its security forces, to target eradication and law
enforcement activities in areas of new cultivation of coca and opium poppy,
including--
(1) material support and technical
assistance to aid the training, outfitting, deployment, and operations
of not less than three counterdrug battalions of the Army of Colombia;
(2) to support the acquisition
of up to 15 UH-60 helicopters or comparable transport helicopters, including
spare parts, maintenance services and training, or aircraft upgrade kits
for the Army of Colombia;
(3) communications and intelligence
training and equipment for the Army and Navy of Colombia;
(4) additional aircraft for
the National Police of Colombia to enhance its eradication efforts and
to support its joint operations with the military of Colombia; and
(5) not less than $10,000,000
to support the urgent development of an application of naturally occurring
and ecologically sound methods of eradicating illicit crops.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- In addition
to amounts otherwise available for such purpose, there is authorized to
be appropriated $540,000,000
for the period beginning October 1, 1999, and ending September 30, 2002,
to carry out subsection (a).
(c) SENSE OF CONGRESS RELATING TO ERADICATION- It is the sense of Congress
that the Government of Colombia should commit itself immediately to the
urgent development and application of naturally occurring and ecologically
sound methods for eradicating illicit crops.
SEC. 212. REINVIGORATION OF
EFFORTS TO INTERDICT ILLICIT NARCOTICS IN COLOMBIA.
(a) AUTHORITY- The President
is authorized to support programs and activities by the Government of
Colombia, including its security forces, to reinvigorate a nationwide
program to interdict shipments of illicit drugs in Colombia, including--
(1) the acquisition of additional
airborne and ground-based radar;
(2) the acquisition of airborne
intelligence and surveillance aircraft for the Colombian Army;
(3) the acquisition of additional
aerial refueling aircraft and fuel; and
(4) the construction of remote
airfields.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- In addition
to amounts otherwise available for such purpose, there is authorized to
be appropriated to the President $200,000,000 for the period beginning
October 1, 1999, and ending September 30, 2002, to carry out subsection
(a).
(2) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 213. ENHANCEMENT OF COLOMBIAN
POLICE AND NAVY LAW ENFORCEMENT ACTIVITIES NATIONWIDE.
(a) AUTHORITY- The President
is authorized to support programs and activities by the Government of
Colombia, including its security forces, to support anti-drug law enforcement
activities by the National Police and Navy of Colombia nationwide, including--
(1) acquisition of transport
aircraft, spare engines, and other parts, additional UH-1H upgrade kits,
forward-looking infrared systems, and other equipment for the National
Police of Colombia;
(2) training and operation
of specialized vetted units of the National Police of Colombia;
(3) construction of additional
bases for the National Police of Colombia near its national territorial
borders; and
(4) acquisition of 16 patrol
aircraft, 4 helicopters, forward-looking infrared systems, and patrol
boats to support for the nationwide riverine and coastal patrol capabilities
of the Navy of Colombia.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- In addition
to amounts otherwise available for such purpose, there is authorized to
be appropriated to the President $205,000,000 for the period beginning
October 1, 1999, and ending September 30, 2002, to carry out subsection
(a).
(2) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 214. TARGETING ILLICIT
ASSETS OF IRREGULAR FORCES.
(a) ESTABLISHMENT OF TASK
FORCE- Not later than three months after the date of enactment of this
Act, the Secretary of the Treasury, in coordination with the Director
of the Office of National Drug Control Policy, Attorney General, Secretary
of State, and Director of Central Intelligence, shall establish a task
force to identify assets of irregular forces that operate in Colombia
for the purpose of imposing restrictions on transactions by such forces
using the President's authority under the International Emergency Economic
Powers Act (50 U.S.C. 1701).
(b) REPORT ON ASSETS OF IRREGULAR
FORCES- Not later than 12 months after the date of enactment of this Act,
the Secretary of the Treasury shall submit to Congress a report on measures
taken in compliance with this section and recommend measures to target
the unlawfully obtained assets of irregular forces that operate in Colombia.
SEC. 215. ENHANCEMENT OF REGIONAL
INTERDICTION OF ILLICIT DRUGS.
(a) AUTHORITY- The President
is authorized to support programs and activities by the United States
Government, the Government of Colombia, and the governments of the front
line states to enhance interdiction of illicit drugs in that region.
(b) AUTHORIZATION OF APPROPRIATIONS-
In addition to amounts otherwise available for such purposes, there is
authorized to be appropriated to the President $410,000,000 for the period
beginning October 1, 1999, and ending September 30, 2002, to carry out
subsection (a), of which amount--
(1) up to $325,000,000 shall
be available for material support and other costs by United States Government
agencies to support regional interdiction efforts, of which--
(A) not less than $60,000,000
shall be available for the Drug Enforcement Administration;
(B) not less than $40,000,000
shall be available for regional intelligence activities; and
(C) not less than $30,000,000
for the acquisition of surveillance and reconnaissance aircraft for use
by the United States Southern Command primarily for detection and monitoring
in support of the interdiction of illicit drugs; and
(2) up to $85,000,000 shall
be available for the governments of the front line states to increase
the effectiveness of regional interdiction efforts.
(c) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to subsection (b) are authorized to remain
available until expended.
(d) LIMITATION ON AVAILABILITY
OF FUNDS- Funds made available to carry out this section may be made available
to a front line state only after the President determines and certifies
to the appropriate congressional committees that such state is cooperating
fully with regional and bilateral aerial and maritime narcotics efforts
or is taking extraordinary and effective measures on its own to impede
suspicious aircraft or maritime vessels through its territory. A determination
and certification with respect to a front line state under this subsection
shall be effective for not more than 12 months.
SEC. 216. REVISED AUTHORITIES
FOR PROVISION OF ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF COLOMBIA
AND PERU.
Section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) is
amended--
(1) in the first sentence
of subsection (a), by inserting before the period at the end the following:
`, including but not limited to riverine counter-drug activities';
(2) in subsection (c), by
adding at the end the following:
`(4) The operating costs of
equipment of the government that is used for counter-drug activities.';
and
(3) in subsection (e)(2),
by striking `any of the fiscal years 1999 through 2002' and inserting
`the fiscal year 1999 and may not exceed $75,000,000 during the fiscal
years 2000 through 2002'.
SEC. 217. SENSE OF CONGRESS
ON ASSISTANCE TO BRAZIL.
It is the sense of Congress
that the President should--
(1) review the nature of the
cooperation between the United States and Brazil in counternarcotics activities;
(2) recognize the extraordinary
threat that narcotics trafficking poses to the national security of Brazil
and to the national security of the United States;
(3) support the efforts of
the Government of Brazil to control drug trafficking in and through the
Amazon River basin;
(4) share information with
Brazil on narcotics interdiction in accordance with section 1012 of the
National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-4)
in light of the enactment of legislation by the Congress of Brazil that--
(A) authorizes appropriate
personnel to damage, render inoperative, or destroy aircraft within Brazil
territory that are reasonably suspected to be engaged primarily in trafficking
in illicit narcotics; and
(B) contains measures to protect
against the loss of innocent life during activities referred to in subparagraph
(A), including an effective measure to identify and warn aircraft before
the use of force; and
(5) issue a determination
outlining the matters referred to in paragraphs (1) through (4) in order
to prevent any interruption in the provision by the United States of critical
operational, logistical, technical, administrative, and intelligence assistance
to Brazil.
SEC. 218. MONITORING OF ASSISTANCE
FOR COLOMBIAN SECURITY FORCES.
(a) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- In addition
to amounts otherwise available for such purpose, there is authorized to
be appropriated for the Department of Defense and the Department of State
for each of fiscal years 2000, 2001, and 2002 an amount not to exceed
the amount equal to one percent of the total security assistance for the
Colombian armed forces for such fiscal year for purposes of monitoring
the use of United States assistance by the Colombian armed forces, including
monitoring to ensure compliance with the provisions of this Act and the
provisions of section 568 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1999 (as contained in Public
Law 105-277; 112 Stat. 2681-195) and section 8130 of the Department of
Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2335).
(2) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to paragraph (1) are authorized to remain
available until expended.
(b) REPORTS- Not later than
six months after the date of the enactment of this Act, and every six
months thereafter, the Secretary of Defense and the Secretary of State
shall jointly submit to the appropriate congressional committees a report
on the monitoring activities undertaken using funds authorized to be appropriated
by subsection (a) during the six-month period ending on the date of such
report.
(c) APPROPRIATE CONGRESSIONAL
COMMITTEES DEFINED- In this section, the term `appropriate congressional
committees' means the following:
(1) The Committees on Appropriations,
Armed Services, and Foreign Relations of the Senate.
(2) The Committees on Appropriations,
Armed Services, and International Relations and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 219. DEVELOPMENT OF ECONOMIC
ALTERNATIVES TO THE ILLICIT DRUG TRADE.
(a) SENSE OF CONGRESS- It
is the sense of Congress--
(1) to recognize the importance
of well-constructed programs for the development of economic alternatives
to the illicit drug trade in order to encourage growers to cease illicit
crop cultivation; and
(2) to stress the need to
link enforcement efforts with verification efforts in order to ensure
that assistance under such programs does not become a form of income supplement
to the growers of illicit crops.
(b) SUPPORT FOR DEVELOPMENT
OF ECONOMIC ALTERNATIVES- The President is authorized to support programs
and activities by the United States Government and regional governments
to enhance the development of economic alternatives to the illicit drug
trade.
(c) PROHIBITION ON CERTAIN
USE OF ALTERNATIVE DEVELOPMENT ASSISTANCE- No funds available under this
Act for the development of economic alternatives to the illicit drug trade
may be used to reimburse persons for the eradication of illicit drug crops.
(d) LIMITATION ON USE OF FUNDS-
Funds authorized to be appropriated by subsection (e) may only be made
available to Colombia or a front line state after--
(1) such state has provided
to the United States agency responsible for the administration of this
section a comprehensive development strategy that conditions the development
of economic alternatives to the illicit drug trade on verifiable illicit
crop eradication programs; and
(2) the President certifies
to the appropriate congressional committees that such strategy is comprehensive
and applies sufficient resources toward achieving realistic objectives
to ensure the ultimate eradication of illicit crops.
(e) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- In addition
to amounts otherwise available for such purpose, there is authorized to
be appropriated $180,000,000 for the period beginning October 1, 1999,
and ending September 30, 2002, to carry out subsection (b), including
up to $50,000,000 for Colombia, up to $90,000,000 for Bolivia, and up
to $40,000,000 for Peru.
(2) AVAILABILITY OF FUNDS-
Amounts appropriated pursuant to paragraph (1) are authorized to remain
available until expended.
END