Appropriations, 2002 $625,000,000

Budget estimate, 2003 731,000,000

Committee recommendation 637,000,000

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

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

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

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

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

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

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

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

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

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

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

(A) The Commander General of the Colombian Armed Forces is suspending from the Armed Forces those members, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abetted paramilitary organizations.

(B) The Colombian Government is prosecuting and punishing those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abetted paramilitary organizations, and the Colombian Armed Forces are cooperating with civilian prosecutors and judicial authorities in such cases (including providing requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause of the suspension, and access to witnesses, relevant military documents, and other requested information).

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

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

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

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

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

(d) DEFINITIONS- In this section:

(1) AIDED OR ABETTED- The term `aided or abetted' means to provide any support to paramilitary groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups.

(2) PARAMILITARY GROUPS- The term `paramilitary groups' means illegal self-defense groups and illegal security cooperatives.

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

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

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

(b) WAIVER- Subsection (a) shall not apply if the Secretary of State determines and certifies to the appropriate congressional committees, on a case-by-case basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons.