Home
|
Analyses
|
Aid
|
|
|
News
|
|
|
|
Last Updated:3/20/00
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

--------------------------------------------------------------------------------


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

Google
Search WWW Search ciponline.org

Asia
|
Colombia
|
|
Financial Flows
|
National Security
|

Center for International Policy
1717 Massachusetts Avenue NW
Suite 801
Washington, DC 20036
(202) 232-3317 / fax (202) 232-3440
cip@ciponline.org