| For
necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961 to support counterdrug activities in the Andean region
of South America, $731,000,000, to remain available until expended:
Provided, That section 482(b) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated under this heading for assistance
for Colombia: Provided further, That assistance provided with funds
appropriated under this heading that is made available notwithstanding
section 482(b) of the Foreign Assistance Act of 1961, as amended,
shall be made available subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That in fiscal
year 2003, funds available to the Department of State for assistance
to the Government of Colombia shall be available to support a unified
campaign against narcotics trafficking, against activities by organizations
designated as terrorist organizations such as the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army (ELN), and
the United Self-Defense Forces of Colombia (AUC), and to take actions
to protect human health and welfare in emergency circumstances, including
undertaking rescue operations: Provided further, That this authority
shall cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for human rights
in areas under the effective control of paramilitary and guerrilla
organizations: Provided further, That section 3204(b)(1)(A) of Public
Law 106-246, as amended, shall remain applicable to funds made available
for fiscal year 2003: Provided further, That the President shall ensure
that if any helicopter procured with funds under this heading is used
to aid or abet the operations of any illegal self-defense group or
illegal security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That none of the
funds appropriated by this Act may be made available to support a
Peruvian air interdiction program until the Secretary of State and
Director of Central Intelligence certify to the Congress, 30 days
before any resumption of United States involvement in a Peruvian air
interdiction program, that an air interdiction program that permits
the ability of the Peruvian Air Force to shoot down aircraft will
include enhanced safeguards and procedures to prevent the occurrence
of any incident similar to the April 20, 2001 incident: Provided further,
That the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development, shall provide
to the Committees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial obligation
of funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country basis
for each proposed program, project, or activity: Provided further,
That of the funds appropriated under this heading, not more than $15,680,000
may be made available for administrative expenses of the Department
of State, and not more than $4,500,000 may be made available for administrative
expenses of the United States Agency for International Development. |
The Committee recommends $731,000,000 for the Andean Counterdrug Initiative,
an amount equal to the request and $106,000,000 above the 2002 level.
The Andean Counterdrug Initiative is the continuation of the Administration's
multi-year counterdrug assistance efforts designed to sustain and
expand programs initially funded by Plan Colombia in the fiscal year
2000 emergency supplemental appropriations act. A limitation of $15,680,000
is recommended for administrative expenses for the Department of State
and $4,500,000 for USAID. The Committee notes the requirement in the
bill that the Secretary of State, in consultation with the Administrator
of USAID, shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and prior
to the initial obligation of funds appropriated under this heading,
a report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or activity.
This report is similar to the report required in the fiscal year 2000
emergency supplemental appropriations act and is required again in
fiscal year 2003 given the Committee's disappointment in the level
of pertinent information included in the Department of State's Congressional
Budget Justification and congressional notifications.
The fiscal
year 2000 emergency supplemental appropriations act provided over
$1,000,000,000 in no-year funding for counternarcotics assistance
in the Andean region. The Committee has learned that, more than
two years after enactment of that Act, over half of the funds that
were transferred by the Department of State to the Department of
Justice for counternarcotics programs, have yet to be obligated
by Justice. The Committee believes that the national interest of
the United States would be better served if those funds, instead
of sitting idle, be used to help combat the humanitarian crisis
facing Colombia. Therefore, the Committee directs that the Department
of State immediately terminate its inter-agency agreement with the
Department of Justice and transfer remaining funds to USAID for
development, rule of law, and humanitarian assistance programs.
The Committee
notes that section 520 of the bill applies to the use of Narcotics
Control and Law Enforcement and Andean Counterdrug Initiative funds
for Colombia.
ANDEAN NATIONS
The Committee
calls on the Department of State to ensure that all United States
laws regarding human rights, including section 553 of this Act,
are strictly applied in Colombia and each of the Andean nations.
Additionally, the caps on the numbers of United States personnel
in Colombia remain in effect. The Committee requests that the Secretary
of State continue to submit to the Appropriations Committees a semi-annual
report with respect to the Andean Counterdrug Initiative. Each report
shall include an accounting of all aircraft, vehicles, boats and
lethal equipment (other than ammunition) transferred to the militaries
or police of any nation with funds made available under this heading.
Further, the report shall contain an accounting of the number of
United States Armed Forces personnel deployed or assigned to duty
in the Andean Region or other nation at any time during the preceding
180 days with funds made available under this heading, the length
and purpose of the deployment or assignment, and the associated
costs and force protection risks. The Committee directs the Secretary
of State to submit this report directly to the Committees on Appropriations.
The Committee
recognizes the important contribution The Field Museum of Chicago
is making to protect biological and cultural values in the Andean
region and urges USAID to support The Field Museum's efforts to
collaborate with local populations to promote economically and environmentally
sustainable alternatives to growing illicit crops.
COLOMBIA
The Committee
urges President Bush to publicly support future peace efforts in
Colombia. The Committee commends the Colombian president for his
efforts in partnering with the United Nations in the Colombian government's
efforts to find a way to revive the peace process. While only a
few weeks in office, the Committee hopes the collaboration between
the Colombian president and the United Nations Secretariat General
continues.
The Committee
notes that the people of Colombia have shown a long-term resilience
and tolerance for difficult and violent conditions, but the Committee
is concerned about the urgency of the current situation facing Colombia.
The Committee hopes the government's new fiscal policies will allow
it to collect the additional resources needed to invest in the military,
police, and social programs to establish security and give Colombians
better access to services.
The Committee
recommends $1,000,000 for the Naval Post Graduate School (NPS) for
programs to strengthen public engagement and democratic control
of national security in Columbia. Building on the program stated
with fiscal year 2002 funds, funds in this Act should be used to
develop and execute programs to help Columbia redesign its strategic
planning process, to strengthen democratic control over security
decision making, to provide for greater public input and support
of Columbian security police, and to institutionalize changes to
improve the quality of strategic planning while reinforcing democratic
principles.
USE OF UNITED
STATES ASSETS IN COLOMBIA
The Committee
has extended the availability of funds provided for assistance for
Colombia to support a unified campaign against narcotics trafficking,
against activities by organizations designated as terrorist organizations,
and to take actions to protect health and human welfare. The Committee
is supportive of the Colombian government in its attempts to provide
security for the Colombian people and has provided the expansion
of authorities in recognition that the narcotics industry is invariably
linked to the terrorist groups, including the paramilitary organizations,
in Colombia. However, the Committee still concludes that coca provides
the revenue and motive behind the violence committed by both the
guerrilla and paramilitary groups. Therefore, the Committee expects
counternarcotics, alternative development, and judicial reform to
remain the principal focus of United States policy in Colombia.
The expanded authority is not a signal from the Committee for the
United States to become more deeply involved in assisting the Colombian
Armed Forces in fighting the terrorist groups, especially not at
the expense of the counternarcotics programs, but to provide the
means for more effective intelligence gathering and fusion, and
to provide the flexibility to the Department of State when the distinction
between counternarcotics and counterterrorism are not clear cut.
The Committee directs the Secretary of State to report to the Committee
90 days after enactment of the changes in United States policy,
including new procedures and operations, as a result of implementing
the expanded authorities.
...
ALTERNATIVE
DEVELOPMENT IN COLOMBIA
Nearly two-thirds
of the coca grown in Colombia is in Putamayo. The Committee notes
that spraying of coca only took place for three months over the
last 24 months in this region. Therefore, the Committee is hopeful
that the concerns of many that the spray program was proceeding
faster than the development program in Putamayo have been alleviated,
and that development programs have had the opportunity to accelerate
over the most recent 17-month reprieve from spraying, from February
2001 to July 2002.
The Committee
is aware of the decades old cynicism among local residents of the
region concerning alternative development and delivery of services.
The Committee recognizes the excessive bureaucratic delays that
have hindered day-to-day operations of development workers in Putamayo,
and therefore the Committee recognizes the need for full cooperation
of the Government of Colombia at the highest levels. With the expiration
of the Government of Colombia's social pacts with families in Putamayo,
alternative development in Colombia is at a critical pass.
The Committee
strongly supports USAID's ambitious new alternative development
strategy. This new strategy, started at the beginning of 2002, will
focus on the historic underdevelopment of the region and concentrate
on local infrastructure needs (roads, electricity, water) and delivery
of services at the community level. The new focus on the entire
community increases the social pressure for eradication and also
helps organize the community to identify and prioritize local needs.
Since the start of this focus, the Committee understands that over
5,000 hectares have been manually and voluntarily eradicated in
Putamayo. The Committee hopes USAID partners can continue building
on their good working relationships with the mayors and local leaders.
The Committee
notes that Afro-Colombians represent at least 25 percent of Colombia's
population, and Afro-Colombians suffer disproportionately from violence
and displacement. The Pacific Coast region where many Afro-Colombians
and indigenous peoples live is experiencing intensification of the
Colombian conflict as the recent church massacre in Bojaya, Choco
Province, on May 2, 2002 exemplified, in which 119 civilians, all
of whom were Afro-Colombians, were killed. The Committee is concerned
that United States assistance programs do not address adequately
the Afro-Colombian community and people in the Pacific Coast region
in general. The Committee expects USAID to take the views and specific
problems of Afro-Colombians into account as it formulates assistance
projects in the areas of human rights, democracy, displaced persons,
and alternative development, including plans of return. The Committee
urges USAID to provide significant additional funding to programs
that benefit Afro-Colombian communities, municipalities, and NGOs.
HELICOPTER
PROGRAM
The Committee
recognizes the difficulty the Government of Colombia has had in
recruiting the necessary number of Colombian candidates to become
helicopter pilots. The Committee encourages the United States embassy
in Bogota to continue negotiating with the Colombian Navy and Colombian
Air Force in efforts to identify possible candidates to alleviate
the pilot shortage. The Committee hopes the United States embassy
in Bogota will work closely with the new Colombian Minister of Defense
to find a way to combat inter-service and inter-agency rivalries
that hinder counternarcotics efforts. The helicopters provided to
Colombia as part of Plan Colombia have flown over 28,000 hours since
the beginning of the program. The United States has made a significant
investment in providing helicopters to Colombia and the Committee
recognizes that future maintenance costs will be necessary to ensure
the safety of pilots and crew.
...
EUROPEAN CONTRIBUTIONS
The Committee
notes that demand for Colombian coca is rising in Europe and approaching
United States consumption levels of approximately 300 tons a year.
European nations and the European Union have contributed very little
to eradication of coca or development programs in Colombia. The
Committee again urges the Secretary of State to negotiate with our
European allies in order to persuade them to contribute additional
funds to counter-narcotics efforts, alternative development, and
judicial reform in the Andean region.
...
[From the "additional
views" of Rep. Nita Lowey (D-New York), the ranking Democrat
on the House Foreign Operations Appropriations Subcommittee:]
With respect
to Colombia, Congress agreed to provide expanded authority to furnish
counter-terror assistance for Colombia in the FY02 Supplemental,
provided that the new Colombian President committed to us in writing
to formulating comprehensive policies on combating drugs, reforming
the armed forces and increasing revenues from within Colombia. Those
assurances have not been forthcoming. I will therefore reserve judgment
on whether I will support extending these authorities for 2003.
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| SEC. 576. (a)
DETERMINATION AND CERTIFICATION REQUIRED- None of the funds appropriated
by this Act may be made available for assistance for the Colombian
Armed Forces until the Secretary of State determines and certifies
to the appropriate congressional committees that:
(1) the Commander
general of the Colombian Armed Forces is suspending from the Armed
Forces those members, of whatever rank, who have been credibly alleged
to have committed gross violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary groups;
(2) the Colombian
Armed Forces are cooperating with civilian prosecutors and judicial
authorities (including providing requested information, such as
the identity of persons suspended from the Armed Forces and the
nature and cause of the suspension, and access to witnesses and
relevant military documents and other information), in prosecuting
and punishing in civilian courts those members of the Colombian
Armed Forces, of whatever rank, who have been credibly alleged to
have committed gross violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary groups; and
(3) the Colombian
Armed Forces are taking effective measures to sever links (including
by denying access to military intelligence, vehicles, and other
equipment or supplies, and ceasing other forms of active or tacit
cooperation) at the command, battalion, and brigade levels, with
paramilitary groups, and to execute outstanding orders for capture
for members of such groups.
(b) CONSULTATIVE
PROCESS- At least 10 days prior to making the determination and
certification required by this section, 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 subsection (a).
(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 subsection (a).
(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.
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HUMAN RIGHTS
The bill includes
again a general provision requiring that the Secretary of State
certify that certain human rights conditions have been met before
any funds may be made available for assistance for the Colombian
Armed Forces. In the fiscal year 2002 appropriations act, section
567 required two certifications in the fiscal year. The Committee
was alarmed to learn of the unintended costs to the pilot training
program and the helicopter maintenance program that the semiannual
certifications incurred at no apparent gain. Therefore the Committee
recommends a one-time annual certification process in fiscal year
2003.
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