DEPARTMENT OF STATE GENERAL PROVISIONS

Sec.___. (a) In fiscal year 2002 and 2003, funds available to the Department of State for assistance to the government of Colombia shall be available, notwithstanding any other provision of law, to support a unified campaign against narcotics trafficking, terrorist activities, and other threats to its national security.

(b) This provision shall also apply to unexpired balances and assistance previously provided from prior years' Acts available for the purposes identified in subsection (a).

(c) Section 556 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 2002, and section 3204(b)(1) of P.L. 106-246, as amended, shall continue to apply.

(d) The authority in this section is in addition to authorities currently available to provide assistance to Colombia.

[Narrative: This provision would allow broader authority to provide assistance to Colombia to counter the unified "cross-cutting" threat posed by groups that use narcotics trafficking to fund their terrorist and other activities that threaten the national security of Colombia. Such authority would not prejudice the Department of State's ability to rely on existing authorities to provide assistance to Colombia but would explicitly recognize the link between narcotics trafficking and terrorist assistance (whether appropriated in FY 2002, FY 2003, or in past years).]

(Chapter 6 - General Provisions )

SEC. 601. (a) In fiscal year 2002, 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.

(b) This provision shall also apply to unexpired balances and assistance previously provided from prior years' Acts available for the purposes identified in subsection (a).

(c) The authority in this section is in addition to authorities currently available to provide assistance to Colombia.

[Narrative: Under Section 601, the Committee recommendation includes language that provides that fiscal year 2002 funds and unexpired balances and assistance previously provided from prior years' Acts shall be available to support a unified campaign against narcotics trafficking, activities by designated terrorist organizations, and activities threatening human health and welfare.

The new authorities provided are intended to be used against terrorist organizations identified through the State Department's processes. However, the Committee recognizes that in certain emergency situation, such as kidnappings, the use of United States assets may be required before the affiliation of the perpetrators has been determined.

The Committee expects this authority will be continued in fiscal year 2003 unless the new government of Colombia fails to commit itself to the counterdrug and security policies of the Pastrana administration. The Committee also notes that these authorities will continue to be in effect in the event a continuing resolution is necessary for a portion of 2003.

The notwithstanding authority requested by the President is not included because the Committee has determined it is not needed in 2002 and prior years under the current circumstances. If future events bring about the need for such notwithstanding authority, the Committee expects the Administration to consult with the Committee at that time.

The Committee recommendation does not include two general provisions requested by the President that would have authorized the use of certain funds appropriated to the Department of Defense to support foreign nations and indigenous forces by providing defense articles, services, and training. The primary responsibility of the Secretary of State for foreign assistance, and in particular military assistance, is well established. Existing provisions of law under the Foreign Assistance Act, the Arms Export Control Act, and annual acts making appropriations for foreign operations, export financing, and related programs, already provide sufficient authority for the purposes identified in the President's request.]

SEC. 603. COLOMBIA. (a) COUNTER-TERRORISM AUTHORITY- In fiscal year 2002, funds available to the Department of State under the heading `Andean Counterdrug Initiative' in Public Law 107-115 for assistance for the Colombian Armed Forces and the Colombian National Police, funds appropriated by this Act that are made available for such assistance, and unexpired balances and assistance previously provided from prior Acts making appropriations for foreign operations, export financing, and related programs for such assistance, shall be available to support the Colombian Government's unified campaign against narcotics trafficking and against paramilitary and guerrilla organizations designated as terrorist organizations in that country.

(b) In order to ensure the effectiveness of United States support for such unified campaign, prior to the exercise of the authority contained in subsection (a) to provide counter-terrorism assistance, the Secretary of State shall report to the appropriate congressional committees that--

(1) the newly elected President of Colombia has--

(A) committed, in writing, to establish comprehensive policies to combat illicit drug cultivation, manufacturing, and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit crops) and to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations;

(B) committed, in writing, to implement significant budgetary and personnel reforms of the Colombian Armed Forces; and

(C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the country's previous commitments under `Plan Colombia'; and

(2) no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available under this Act or any other Act.

(c) REPORT- The authority provided in subsection (a) 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.

(d) PROVISIONS OF LAW THAT REMAIN APPLICABLE- Sections 556, 567, and 568 of Public Law 107-115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106-246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a) and to funds made available elsewhere in this Act that are made available for assistance for the Colombian Armed Forces and the Colombian National Police.

[Narrative: COLOMBIA

Sec. 603. Under current law, U.S. assistance to the Colombian Armed Forces and National Police is limited to counter-drug activities. The Committee has broadened current authority to permit the use of U.S. equipment, and U.S.-trained counter-drug battalions, to support the Colombian Government's unified campaign against narcotics trafficking and terrorist organizations in that country. The Committee has ensured that the human rights conditions in Public Law 107 115 apply to assistance for Colombia in this Act, including the numerical limitations on the number of U.S. military personnel and U.S. individual civilian contractors in Colombia, and has included additional conditions on the exercise of the new counter-terrorism authority. Those conditions include a commitment by the newly inaugurated President of Colombia to implement significant budgetary and personnel reforms of the Colombian Armed Forces, and to expend substantial additional Colombian financial and other resources to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations. The Committee intends that the reforms and additional resources will result in a better educated, higher paid, professionally trained military which respects human rights.]

Sec. 601. (a) Counter-Terrorism Authority .--

(1) In fiscal year 2002, 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.

(2) This provision shall also apply to unexpired balances and assistance previously provided from prior years' Acts available for the purposes identified in paragraph (1).

(3) The authority in this section is in addition to authorities currently available to provide assistance to Colombia.

(b) In order to ensure effectiveness of United States support for such a unified campaign, prior to the exercise of the authority contained in subsection (a), the Secretary of State shall report to the Committees on Appropriations that--

(1) the newly elected President of Colombia has--

(A) committed, in writing, to establish comprehensive policies to combat illicit drug cultivation, manufacturing, and trafficking (particularly with respect to providing economic opportunities that offer viable alternatives to illicit crops) and to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations;

(B) committed, in writing, to implement significant budgetary and personnel reforms of the Colombian Armed Forces; and

(C) committed, in writing, to support substantial additional Colombian financial and other resources to implement such policies and reforms, particularly to meet the country's previous commitments under ``Plan Colombia''; and

(2) no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available for Colombia under this chapter.

(c) The authority provided in subsection (a) 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.

(d) Sections 556, 567, and 568 of Public Law 107 115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106 246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a).

[Narrative: Under section 601, the conference report includes language that provides that fiscal year 2002 funds, unexpired balances, and assistance provided from prior years' Acts shall be available to support a unified campaign against narcotics trafficking and designated terrorist organizations, and to take actions to protect human health and welfare. The new authorities provided are intended to be used against terrorist organizations identified by the State Department. However, the managers recognize that in certain emergency situation, such as kidnappings, the use of United States assets may be required to protect human health and welfare before the affiliation of the perpetrators has been determined. The managers expect this authority will be continued in fiscal year 2003 unless the new government of Colombia fails to make good faith efforts to fulfill the commitments made in subsections (b) and (c). The managers also intended these authorities to continue to be in effect in the event a continuing resolution is necessary for a portion of fiscal year 2003.

The conference report requires the Secretary of State to report that the newly elected President of Colombia has made several commitments, in writing, regarding policies, budgetary reforms, and the allocation of Colombian financial resources. The managers expect the Secretary to provide copies of these written commitments to the Committees on Appropriations.]

Broadening the mission of Defense Department aid

Sec.___. a) During fiscal years 2002 and 2003, the term "counter-drug activities" as used in 10 U.S.C. 124, section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (P.L. 101-510), as amended, section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (P.L. 105-85), and section 3101 of the Emergency Supplemental Act, 2000 (P.L. 106-246), shall be deemed to include activities in support of the government of Colombia's unified campaign against narcotics trafficking, terrorist activities, and other threats to its national security.

b) This provision shall also apply to unexpired balances from prior years' Acts available for activities identified in subsection (a).

[Narrative: This provision would allow broader authority to provide assistance to Colombia to counter the unified "cross-cutting" threat posed by groups that use narcotics trafficking to fund their terrorist and other activities that threaten the national security of Colombia. Section 8093 of the Department of Defense Appropriations Act, 2002, and section 3204(b)(1) of P.L. 106-246, as amended, shall continue to apply.]

(Title I--Supplemental Appropriations … Chapter 3 - Department Of Defense--Military … Operation And Maintenance … General Provisions--This Chapter)

SEC. 307. (a) In fiscal year 2002, funds available to the Department of Defense 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.

(b) The provision shall also apply to unexpired balances and assistance previously provided from prior years' Acts available for purposes identified in subsection (a).

(c) The authority in this section is in addition to authorities currently available to provide assistance to Colombia.

[Narrative: Section 307 of the Committee bill amends a general provision requested in the supplemental request which allows broader authority to the Department of Defense for assistance to Colombia.]

(Title I--Supplemental Appropriations … Chapter 3 - Department Of Defense--Military … Operation And Maintenance … General Provisions--This Chapter)

Sec. 305. (a)(1) In fiscal year 2002, funds available to the Department of Defense 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.

(2) The provision shall also apply to unexpired balances and assistance previously provided from prior years' Acts available for purposes identified in subsection (a)(1).

(3) The authority in this section is in addition to authorities currently available to provide assistance to Colombia.

(b) The authorities provided in subsection (a) shall not be exercised until the Secretary of Defense certifies to the Congress that the provisions of section 601(b) of this Act have been complied with.

(c) Sections 556, 567, and 568 of Public Law 107 115, section 8093 of the Department of Defense Appropriations Act, 2002, and the numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of Public Law 106 246, as amended, shall be applicable to funds made available pursuant to the authority contained in subsection (a).

(d) No United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available under this chapter, except for the purpose of acting in self defense or rescuing any United States citizen to include United States Armed Forces personnel, United States civilian employees, and civilian contractors employed by the United States.

[Narrative: The conferees agree to retain and amend section 305, as proposed by the House which allows broader authority to the Department of Defense for assistance to Colombia.]

International Narcotics Control and Law Enforcement

For an additional amount for "International Narcotics Control and Law Enforcement" for emergency expenses for activities related to combating international terrorism, $114,000,000: Provided, That funds appropriated by this paragraph shall be available notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956: Provided further, That funds for activities in Afghanistan shall remain available until September 30, 2003: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

[Narrative: Of these funds, $60 million is requested to address Afghanistan's urgent counternarcotics and law enforcement needs through the provision of counter-narcotics assistance, police training and administration of justice, and project development and support. The request also includes assistance for Pakistan ($20 million) for law enforcement support, border control, judicial and legal reform, and project development and support. In addition, the request includes funding for high priority security improvements in the implementation of a U.S.-Mexico smart border ($25 million), for Western Hemisphere Regional border control improvement projects ($5 million) and for Colombia police post support ($4 million) to assist in establishing civilian authority in areas not previously under government control.

The entire amount requested has been designated by the President as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.]

(Chapter 6 - Bilateral Economic Assistance ... Department Of State)

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for `International Narcotics Control and Law Enforcement' for emergency expenses for activities related to combating international terrorism, $120,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

[Narrative: DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Committee is recommending $120,000,000 for ``International Narcotics Control and Law Enforcement''. These funds would remain available for obligation until September 30, 2003.

…

The Committee recognizes the troubling situation facing many internally displaced persons (IDPs) in Colombia. It is the Committee's understanding that the number of IDPs is multiplying as the civilian population bears much of the burden of the civil strife. Therefore the Committee recommends that out of the funds appropriated under this or other appropriate headings in this chapter, up to $10,000,000 be made available to the State Department for emergency IDP needs.

Additionally, the Committee is concerned that the sustainment and maintenance costs of the C 130 transport planes for counterdrug aviation operations are not being funded. Therefore the Committee recommends up to $10,000,000 from funds appropriated under this heading should be made available for these purposes.

The funds requested for U.S. assistance for Colombia for training and equipping Colombian Quick Reaction Forces as part of the Colombian Government's Infrastructure Protection program are included under this heading.]

Department of State

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for `International Narcotics Control and Law Enforcement' for emergency expenses for activities related to preventing or responding to international terrorism, $104,000,000, to remain available until March 31, 2003: Provided, That of the funds appropriated by this paragraph, not less than $2,500,000 shall be made available for the Colombian National Park Service for training, equipment and related assistance for park rangers: Provided further, That of the funds appropriated by this paragraph, not to exceed $4,000,000 shall be made available for law enforcement training for Indonesian police forces: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

[Narrative: The Committee has provided $104,000,000 for International Narcotics Control and Law Enforcement (INCLE) activities. Of this amount, the State Department proposes to use $4,000,000 to extend the presence of Colombian police forces to rural areas previously under guerrilla or paramilitary control. This is a first step to reestablishing government control throughout the country. The Committee has also provided not less than $2,500,000 for training and equipment for law enforcement officers to protect Colombia's biological reserves and national parks, which are increasingly vulnerable to coca growers and illegal loggers.

The Committee has provided up to $4,000,000 for law enforcement training for Indonesian police forces. ]

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ``International Narcotics Control and Law Enforcement'' for emergency expenses for activities related to combating international terrorism, $117,000,000, to remain available until September 30, 2003: Provided, That funds appropriated under this heading should be made available to train and equip a Colombian Armed Forces unit dedicated to apprehending the leaders of paramilitary organizations: Provided further, That of the funds appropriated by this paragraph, not to exceed $6,000,000 may be made available for assistance for the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That prior to the obligation of funds under the previous proviso, the Secretary of State shall submit a report to the Committees on Appropriations describing: (1) the estimated oil revenues collected by the Government of Colombia from the Cano Limon pipeline for the preceding 12 months; (2) the amounts expended during such period by the Government of Colombia and private companies owning a financial interest in the pipeline for primary health care, basic education, micro-enterprise and other programs and activities to improve the lives of the people of Arauca department; (3) steps that are being taken to increase and expand support for these programs and activities; and (4) mechanisms that are being established to adequately monitor such funds: Provided further, That of the funds appropriated by this paragraph, not to exceed $4,000,000 should be made available for law enforcement training for Indonesian police forces: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $3,000,000 shall be available only to the extent an official budget request, that includes designation of $3,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

[Narrative: The conference agreement appropriates $117,000,000 instead of $120,000,000 as proposed by the House and $104,000,000 as proposed by the Senate. These funds would remain available for obligation until September 30, 2003, as proposed by the House instead of March 31, 2003, as proposed by the Senate.

The conference agreement provides that funds appropriated under the heading ``International Narcotics Control and Law Enforcement'' should be made available to train and equip a Colombian Armed Forces unit dedicated to apprehending the leaders of paramilitary organizations. The language differs slightly from that included in the Senate amendment, which was included under the heading ``Foreign Military Financing''. The House bill did not address this matter.

The conference agreement does not include Senate language providing $2,500,000 for training, equipment, and other assistance for park rangers for the Colombian National Park Service. However, the managers are aware of Colombia's extraordinary system of national parks and reserves and of the grave threats to these areas posed by coca farmers, illegal loggers, and armed conflict. The managers recognize the substantial environmental and eco-tourism importance of these parks and reserves. The managers intend to provide assistance to the Colombia National Park Service to help protect these areas with funding in fiscal year 2003 from the Andean Counterdrug Initiative.

...

The conference agreement provides that $6,000,000 under this heading may be made available for assistance for the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline. The managers are aware that the majority of people living in Arauca department, where the Cano Limon pipeline is located, remain impoverished despite the extraction of oil worth billions of dollars from that area. The conference agreement provides that prior to the obligation of funds for purposes of protecting the pipeline, the Secretary of State shall submit a report describing oil revenues by the Government of Colombia from the pipeline during the preceding 12 months, amounts expended by the government and private oil companies with a financial interest in the pipeline for programs to improve the lives of the people in Arauca, steps being taken to increase and expand such programs, and mechanisms being established to monitor such funds. The contents of the report will be considered by the Committees on Appropriations in connection with the fiscal year 2003 budget.]

INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL SECURITY ASSISTANCE

Nonproliferation, Anti-Terrorism, Demining, and Related Programs

For an additional amount for "Nonproliferation, Anti-Terrorism, Demining, and Related Programs" for emergency expenses for activities related to combating international terrorism, $83,000,000: Provided, That funds appropriated by this paragraph shall be made available notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated under this heading may be made available notwithstanding any other provision of law.

Of these funds, $10 million is requested to support the Pakistani police's reform efforts to perform counter-terrorism investigations and operations. Another $8 million is intended to vet, train and equip a counter-terrorism unit in Indonesia. In addition, $25 million is being requested to provide critically needed training and operational assistance for counter-kidnapping training for the Colombian armed forces and police units. Another $10 million is to expedite the assessment of the specific threats from terrorist financing in at least 19 key countries globally and deliver counter-terrorist financing training and technical assistance. An additional $10 million would be used for the Coordinator for Counterterrorism's global Terrorist Interdiction Program to improve the ability of key transit countries to intercept the flow of terrorists, and $20 million to create Mobile Emergency Training Teams to provide anti-terrorism training and equipment on extremely short notice, in-country, rather than waiting for key officials from those countries to come to the United States for training.

The entire amount requested has been designated by the President as an emergency requirement pursuant to the Balances Budget and Emergency Deficit Control Act of 1985, as amended.

(Chapter 6 - Bilateral Economic Assistance ... Department Of State)

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

For an additional amount for `Nonproliferation, Anti-Terrorism, Demining and Related Programs' for emergency expenses for activities related to combating international terrorism, $83,000,000, to remain available until September 30, 2003: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

[The Committee is recommending $83,000,000 for ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'', as requested. These funds would remain available for obligation until September 30, 2003. Prior to the obligation of the $20,000,000 requested for Antiterrorism Assistance Mobile Emergency Training Teams, the Committee requests that the Department of State inform the Committees on Appropriations of the amount of such funds that would be made available for administrative costs.]

For an additional amount for `Nonproliferation, Anti-Terrorism, Demining and Related Programs' for emergency expenses for activities related to preventing or responding to international terrorism, $93,000,000, to remain available until March 31, 2003: Provided, That of the funds appropriated by this paragraph, not less than $10,000,000 shall be made available for humanitarian demining activities: Provided further, That of the funds appropriated by this paragraph, not to exceed $12,000,000 shall be made available for assistance for Indonesia: Provided further, That funds appropriated by this paragraph that are made available for assistance for Indonesia may be used only to train and equip an Indonesian police unit to prevent or respond to international terrorism, and none of the funds appropriated by this chapter may be used to provide assistance for members of `Brimob' Mobile Police Brigade units: Provided further, That of the funds appropriated by this paragraph, $2,000,000 shall be made available for small arms and light weapons destruction in Afghanistan: Provided further, That of the funds appropriated by this paragraph, $1,000,000 shall be made available for the Nonproliferation and Disarmament Fund: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.

[Narrative: The Committee has provided $93,000,000 for the Nonproliferation, Anti-Terrorism, Demining and Related Programs (NADR) account, of which $10,000,000 is for humanitarian demining activities to address the ongoing threat of landmines and other unexploded ordnance in Afghanistan and other countries.]

(Chapter 6 - Bilateral Economic Assistance ... Department Of State)

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

For an additional amount for ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for emergency expenses for activities related to combating international terrorism, $88,000,000, to remain available until September 30, 2003: Provided, That of the funds appropriated by this paragraph, not to exceed $12,000,000 should be made available for assistance for Indonesia: Provided further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for small arms and light weapons destruction in Afghanistan: Provided further, That of the funds appropriated by this paragraph, up to $1,000,000 may be made available for the Nonproliferation and Disarmament Fund: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $5,000,000 shall be available only to the extent an official budget request, that includes designation of $5,000,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.

[Narrative: The conference agreement appropriates $88,000,000 instead of $83,000,000 as proposed by the House and $93,000,000 as proposed by the Senate. These funds would remain available for obligation until September 30, 2003, as proposed by the House instead of March 31, 2003, as proposed by the Senate.]

INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL SECURITY ASSISTANCE

Foreign Military Financing Program

For an additional amount for "Foreign Military Financing Program" for activities related to combating international terrorism, $372,500,000: Provided, That funds appropriated by this paragraph shall be available notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956: Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding any other provision of law.

[Narrative: This request would provide resources that are urgently needed for Afghanistan, Pakistan, Nepal, Jordan, Bahrain, Oman, Yemen, Uzbekistan, the Kyrgyz Republic, Tajikistan, Kazakhstan, Turkey, Georgia, the Philippines, Ethiopia, Kenya, Djibouti, Colombia, and Ecuador. These funds would be used immediately to strengthen the forces of our friends and allies in the fight against terrorism, by providing vitally needed equipment and training. Much of this will be basic equipment such as radios for communication, night vision goggles, vehicles for mobility, spare parts and maintenance for vehicles and aircraft, radar for air traffic control, and small unit basic and operational training. In addition, the request includes $2 million to support necessary administrative actions.

The entire amount requested has been designated by the President as an emergency requirement pursuant to the Balances Budget and Emergency Deficit Control Act of 1985, as amended.]

(Chapter 6 - Bilateral Economic Assistance ... Department Of State)

MILITARY ASSISTANCE

Funds Appropriated to the President

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for `Foreign Military Financing Program' for emergency expenses for activities related to combating international terrorism, $366,500,000: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 or any similar provision of law: Provided further, That not to exceed $2,000,000 of the funds appropriated in this paragraph may be obligated for necessary expenses, including the purchase of passenger motor vehicles for use outside of the United States, for the general cost of administering military assistance and sales.

[Narrative: MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The Committee is recommending $366,500,000 for ``Foreign Military Financing Program''. Funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 or any similar provision of law. In addition, the Committee has included language to provide the Department of Defense with the authority to use $2,000,000 requested by the President for the general costs of administering overseas military assistance programs. The Committee has recommended a $6,000,000 reduction in the President's request for Foreign Military Financing.

These funds are requested as part of the U.S. assistance for Colombia for training and equipping Colombian Quick Reaction Forces as part of the Colombian Government's Infrastructure Protection program. The Committee includes these funds under the heading ``International Narcotics Control and Law Enforcement''.]

MILITARY ASSISTANCE

Funds Appropriated to the President

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for `Foreign Military Financing Program' for emergency expenses for activities related to preventing or responding to international terrorism, $347,500,000, to remain available until March 31, 2003: Provided, That funds appropriated by this paragraph may be made available for assistance only for Afghanistan, Pakistan, Nepal, Jordan, Bahrain, Oman, Yemen, Uzbekistan, the Kyrgyz Republic, Tajikistan, Kazakhstan, Turkey, Georgia, the Philippines, Colombia, Djibouti, Ethiopia, Kenya, and Ecuador: Provided further, That funds appropriated by this paragraph should be made available to establish, train, and equip a Colombian Army brigade dedicated to providing security to civilian prosecutors in operations to collect evidence and execute arrest warrants against leaders of paramilitary organizations: Provided further, That of the funds appropriated by this paragraph, not to exceed $3,500,000 may be made available for assistance for the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That prior to the obligation of funds under the previous proviso, the Secretary of State shall determine and report to the Committee on Appropriations that (i) of the Government of Colombia's oil revenues from the Cano Limon pipeline, an appropriate percentage will be made available for primary health care, basic education, microenterprise, and other programs and activities to improve the lives of the people of Arauca department and that a transparent mechanism exists to effectively monitor such funds, and (ii) Occidental Petroleum and Repsol have each agreed in writing to refund to the United States Government an amount, based upon each company's financial interest in the pipeline, equal to the percentage that each such share represents of the amount of funds made available by this Act to the Colombian Armed Forces for purposes of protecting the Cano Limon pipeline: Provided further, That the amounts refunded pursuant to an agreement entered into pursuant to the previous proviso shall be made available for any of the programs and activities identified in clause (i) to improve the lives of the Colombian people without further appropriation by Congress: Provided further, That funds made available by this Act for assistance for Uzbekistan may be made available if the Secretary of State determines and reports to the Committees on Appropriations that Uzbekistan is making substantial and continuing progress in meeting its commitments under the `Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America': Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That funds appropriated by this paragraph that are made available for Afghanistan may be made available notwithstanding section 512 of Public Law 107-115 or any similar provision of law: Provided further, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.

[Narrative: The Committee has provided $347,500,000 in Foreign Military Financing assistance for certain countries.

The Committee strongly recommends that a portion of these funds be used to establish, train and equip a Colombian army brigade dedicated to providing security to civilian prosecutors in operations to collect evidence and execute arrest warrants against leaders of paramilitary organizations. The Committee believes that such a brigade is urgently needed, as prosecutors have been threatened and killed by paramilitaries, and numerous outstanding arrest warrants against these individuals have not been executed. A brigade dedicated solely to this function would also demonstrate the army's commitment to combat aggressively the growing paramilitary threat.

The Committee has provided that not to exceed $3,500,000 may be made available for the Colombian Armed Forces to protect the Cano Limon pipeline, which has been the frequent target of guerrilla attacks. However, the Committee notes that Occidental Petroleum owns 44 percent of the pipeline and the Spanish oil company Repsol owns 6 percent, and does not believe that American taxpayers should pay the cost of protecting these companies' investments. Therefore, the Committee has required these companies to agree in writing to reimburse the United States Government an amount, based upon each company's ownership share of the pipeline, equal to the percentage that each such share represents of the amount of funds made available by this Act or subsequent Acts to the Colombian Armed Forces for purposes of protecting the pipeline.

The Committee is aware that the majority of people living in Arauca department, where the pipeline is located, remain impoverished, despite the extraction of oil worth billions of dollars from that area. The Committee believes that, if U.S. assistance is provided to the Colombian Armed Forces to protect the Cano Limon pipeline, the Secretary of State should ensure that an appropriate amount of the Government's oil revenues from the pipeline will be made available to improve the lives of the people of Arauca, and that a transparent mechanism exists to effectively monitor such funds.

The Committee notes that the administration proposes to provide funds appropriated by this paragraph to Nepal to support the government's campaign against a ruthless Maoist insurgency. The Committee is not aware of any information tying this insurgency to al Qaeda, but shares the administration's concern for the security and welfare of the Nepalese people. The Committee strongly condemns the atrocities committed by the Maoist guerrillas, and remains concerned about human rights violations by the Nepalese Armed Forces.]

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ``Foreign Military Financing Program'' for emergency expenses for activities related to combating international terrorism, $387,000,000, to remain available until June 30, 2003: Provided, That funds made available by this Act for assistance for the Government of Uzbekistan may be made available if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under the ``Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America'': Provided further, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That $30,000,000 shall be available only to the extent an official budget request, that includes designation of $30,000,000 for the Philippines as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided further, That the Secretary of State shall inform the Committees on Appropriations at least 15 days prior to the obligation of funds appropriated by this paragraph: Provided further, That funds appropriated under this heading, and funds appropriated under this heading in prior Acts that are made available for the purposes of this paragraph, may be made available notwithstanding section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 or any similar provision of law: Provided further , That not to exceed $2,000,000 of the funds appropriated in this paragraph may be obligated for necessary expenses, including the purchase of passenger motor vehicles for use outside of the United States, for the general cost of administering military assistance and sales.

[Narrative: The conference agreement appropriates $387,000,000 instead of $366,500,000 as proposed by the House and $347,500,000 as proposed by the Senate. Funds may remain available for obligation until June 30, 2003. In addition, the conference agreement includes House language to provide the Department of Defense with the authority to use $2,000,000 requested by the President for the general costs of administering overseas military assistance programs. The Senate amendment did not address this matter.

...

Funds requested for assistance for Colombia for protection of the Cano Limon pipeline are included under the heading ``International Narcotics Control and Law Enforcement''.]

Sec.___. Notwithstanding any other provision of law, not to exceed $100,000,000 from appropriations available to the Department of Defense may be used to support foreign nations in furtherance of the global war on terrorism, on such terms and conditions as the Secretary of Defense may determine: Provided, That such support may include defense articles, services, and training.

[Narrative: This provision would give the Department of Defense the ability to use a certain amount of its resources to support foreign nations in furtherance of the global war on terrorism. This would allow the Department to provide, among other things, training and equipment to enhance the military operational readiness of foreign military forces, so that these forces will have the capability to engage effectively in military operations that further the United States objectives in the global war on terrorism.]

(Title I--Supplemental Appropriations … Chapter 3 - Department Of Defense--Military … Operation And Maintenance … General Provisions--This Chapter)

SEC. 312. Notwithstanding any other provision of law, not to exceed $100,000,000, from appropriations available to the Department of Defense from the `Defense Emergency Response Fund', may be made available only to reimburse foreign nations for the costs of goods, services, or use of facilities provided in direct support of operations by U.S. military forces in the global war on terrorism: Provided, That such reimbursements shall be determined and paid in accordance with standard accounting practices and procedures: Provided further, That the Secretaries of Defense and State shall jointly provide a written notification to the Committees on Appropriations of the House of Representatives and the Senate 15 days prior to any proposed commitment and obligation of funds pursuant to this section, describing each proposed use of funds and the proposed sources of funds: Provided further, That funds proposed for obligation pursuant to the immediately preceding proviso shall not be made available for obligation without the prior approval of the Committees on Appropriations.

[Narrative: Section 312 of the Committee bill amends a general provision requested in the supplemental request, and provides authority for the Secretary of Defense to use funds available in the ``Defense Emergency Response Fund'' to reimburse cooperating nations for logistical and military support provided to the United States military in connection with the war on terrorism.

As provided for in section 312, ``goods and services'' includes the provision to U.S. forces of items such as petroleum, oil and lubricants, ground transportation, airlift, base operations support, spares and components replenishment, repair and maintenance, communications and communications services, ammunition, special rations food, special climate clothing, and surveillance and intelligence support.]

(Not in Senate bill)

(Not in conference report)

(Not in request)

(Chapter 6 - General Provisions )

ANDEAN SECURITY STRATEGY

SEC. 603. (a) Not later than 30 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the United States policy and strategy to assist Colombia as well as to achieve a robust security environment in the Andean region.

(b) The report required by subsection (a) shall address the following:

(1) The key objectives of the United States assistance to the Government of Colombia.

(2) The actions required of the United States to support and achieve those objectives, as well as a time schedule and cost estimates for implementing such actions.

(3) The role of the United States in the efforts of the Government of Colombia to provide security within the country.

(4) How the strategy regarding Colombia relates to and affects the strategy of the United States to achieve regional security between, and within, Andean countries, and how those Andean countries are working with Colombia to achieve regional security.

(5) A strategy, time schedule, and cost estimates for providing material, technical, and logistical support to the Government of Colombia to assist it contain and eliminate the threat which the United Self-Defense Forces (AUC) of Colombia poses to the national security of that country.

(6) A strategy to assist the Government of Colombia reach a negotiated political solution to the internal conflict as well as help it facilitate the design and implementation of a comprehensive strategy which addresses the underlying socio-political sources of the insurgencies and paramilitary counter-insurgency.

(c) In this section, the term `appropriate congressional committees means--

(1) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

[Narrative: Under section 603, the President shall transmit a report within 30 days after the date of enactment of this Act to the appropriate congressional committees on the United States policy and strategy to assist Colombia as well as to achieve a robust security environment in the Andean region. The report shall address the key objects of United States assistance to the Government of Colombia, the actions required by the United States to support and achieve those objectives, as well as a time schedule and cost estimates for implementing such actions, the role of the United States in the efforts of the Government of Colombia to provide security within the country, and how the strategy regarding Colombia relates to an affects the strategy of the United States. ]

For an additional amount for `Migration and Refugee Assistance' for emergency expenses for activities related to preventing and responding to international terrorism, $50,000,000, to remain available until March 31, 2003: Provided, That funds appropriated by this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.

[Narrative: The Committee is aware that the number of refugees returning to Afghanistan has dramatically exceeded initial estimates and that several other refugee crises in the Middle East, Colombia, Africa and elsewhere threaten U.S. humanitarian and national security interests. The Committee recognizes that current funding levels will not be sufficient to adequately address these needs and has provided $50,000,000 for these purposes.

The Committee believes that repatriation of Afghan refugees must be closely coordinated with reintegration and development programs to increase the effectiveness of reconstruction efforts in Afghanistan. The Committee is aware of concerns in certain areas that insufficient resources exist, particularly water, to support returning populations of refugees and internally displaced persons. The Committee supports efforts to immediately address these issues.]

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ``Migration and Refugee Assistance'' for emergency expenses for activities related to combating international terrorism, $40,000,000, to remain available until June 30, 2003: Provided , That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

[Narrative: The conference agreement appropriates $40,000,000 instead of $10,000,000 as proposed by the House and $50,000,000 as proposed by the Senate. The conference agreement provides that funds shall remain available for obligation until June 30, 2003 instead of September 30, 2003 as proposed by the House and March 31, 2003 as proposed by the Senate.

The managers recognize the troubling situation facing many internally displaced persons (IDPs) in Colombia. It is the manager's understanding that the number of IDPs is multiplying as the civilian population bears much of the burden of the civil strife. Therefore the managers recommend that of the funds appropriated under this heading or under the heading ``International Narcotics Control and Law Enforcement'' in this chapter, up to $10,000,000 may be made available to the State Department for emergency IDP needs.

The conference agreement does not include language in the Senate amendment that would subject the funds to the regular notification procedures of the Committees on Appropriations. The House bill did not address this matter.]