Fiscal year 2004 level $726,687,000
Fiscal year 2005 request 731,000,000
Committee recommendation 731,000,000

The Committee recommends $731,000,000 for the Andean Counterdrug Initiative, an amount equal to the request and $4,313,000 above the 2004 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 $16,285,000 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.

The Committee requests that the Secretary of State 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. Additionally, the Committee requires that the personnel cap and Plan Colombia reports as required in the fiscal year 2000 emergency supplemental appropriations act also be submitted to the Committees on Appropriations.

The Committee notes that the caps on personnel in Public Law 106-246, as amended by Public Law 107-115, remain applicable in 2005. The Committee has not recommended amending the caps as requested by the President, but notes that they are addressed in the Department of Defense authorization act, 2005.

COLOMBIA

The Committee notes that the people of Colombia have shown a long-term resilience and tolerance for difficult and violent conditions, and the Committee supports the President of Colombia and the Colombian government's efforts to collect the additional resources needed to invest in the military, police, and social programs to restore order and to give Colombians better access to services.

The Committee notes the progress in coca eradication that the Andean Counterdrug Initiative has been able to achieve. Coca cultivation dropped 21 percent in Colombia in 2003, from 144,450 hectares in 2002 to 113,850 hectares in 2003. This decrease in Colombian cultivation has not been offset by increased production elsewhere; the Andean regional coca cultivation was reduced by 18 percent overall in 2003.

Plan Colombia was proposed and implemented as a 5-year program, and its objectives were to be met by the end of 2005. While many of its objectives have been met, the Committee is concerned that the level of resources provided by the United States Government to Colombia is increasing in 2005, including increased funding for a costly air bridge denial program. Therefore, the Committee anticipates a decrease in the President's budget request for 2006 for the Andean Counterdrug Initiative for Colombia.

AVAILABILITY OF ASSISTANCE

The Committee again 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 these authorities in recognition that the narcotics industry is invariably linked to the terrorist groups, including the paramilitary organizations, in Colombia. As in prior years, 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 is not clear cut. The Committee directs the Secretary of State to consult with the Committee if the implementation of the expanded authorities changes from that described in the May 2003 report to Congress.

INTERNALLY DISPLACED PERSONS

The Committee directs the Department of State to provide $5,000,000 to the Department of State's Bureau for Population, Refugees, and Migration (PRM) from funds made available under this heading to continue programs benefiting internally displaced persons programs in Colombia.

ALTERNATIVE DEVELOPMENT AND SECURITY IN COLOMBIA

The Committee strongly supports USAID's continuing alternative development strategy that focuses on the historic underdevelopment of Colombia's outlying regions. The programs concentrate on local infrastructure needs (roads, electricity, water) and delivery of services at the community level. This focus on an entire community increases the social pressure for eradication and also helps organize the community to identify and prioritize local needs. To date, communities receiving alternative development assistance have voluntarily manually eradicated over 16,500 hectares of coca. The Committee hopes USAID partners can continue building on their good working relationships with mayors and local leaders.

Additionally, the Committee recognizes that without public security and law enforcement, no level of alternative development funding by this Committee or the Colombian government can result in development that is sustainable. Additionally, the Committee is aware of the security threats facing program implementers on a daily basis. The Committee continues to support the so-called `carabinieros' police program for establishing law enforcement in rural and remote areas and encourages continuing United States assistance for the program. With assistance made available under this heading in prior years' appropriations acts, the Colombian National Police (CNP) have successfully re-established a presence in 158 municipality capitals that had no police presence as recently as August 2002.

It is the Committee's view that alternative development integrated with the presence of the state and the presence of law enforcement and security are fundamentally the key to long term peace and security in Colombia. The Committee expects the allocation of resources in 2005 and the 2006 request will reflect those priorities.

HUMAN RIGHTS

The Committee calls on the Department of State to ensure that all United States laws regarding human rights, including section 551 of this Act, are strictly applied in Colombia and each of the Andean nations. The Committee includes a general provision from the 2004 appropriations Act requiring that the Secretary of State certify that certain human rights conditions have been met before 25 percent of funds may be made available for assistance for the Colombian Armed Forces.

PERU

Peru is the second largest recipient of counternarcotics and alternative development assistance from the United States. The Committee was skeptical in the past about United States support for `autoeradication', a pilot policy of voluntary eradication combined with the use of community development projects as an incentive for cooperation. However, the Committee notes that even with the current political environment in Peru, Peruvian communities have responded positively to this voluntary eradication program, and in 2003 40 percent of eradicated coca was as a result of autoeradication. Subsequently, the Committee is concerned that the Administration's request for Peru seriously underfunds these alternative development programs in order to fund forced eradication resources managed by the Department of State. Therefore the Committee directs the Department of State to consult with the Committee prior to deciding the allocation of 2005 funds, to ensure that Peru's alternative development program is adequately funded.

The Committee urges USAID to continue working with The Field Museum of Chicago on the Cordillera Azul National Park project in central Peru. This project has tremendous potential to prevent coca from entering more than 5,000 square miles of the Huallaga Valley and to improve the quality of life for local residents.

BOLIVIA

While the Committee takes special note of the progress that Bolivia made in the war against drugs under the Bolivian Government's Dignity Plan, this progress could be erased quickly if the commitment by either the Bolivian government or the United States were to falter. The Committee is concerned about the political climate in Bolivia associated with alternative development programs funded by the United States. Alternative development programs in the Chapare and the Yungas areas of Bolivia need local ownership and local participation, and if possible, need contributions from the central Bolivian government to combat the isolation of these regions from a state interest and presence.

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 alternative development programs in the Andean region, and often their development programs are funded with no view toward eradication policies. 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. The Committee directs the Secretary of State to submit a report to the Committee not later than 120 days after enactment of this Act that details by dollar level and fiscal year, multilateral and bilateral projects and programs supported by the European Union and by individual countries in Europe. Additionally, the report shall include a summary of the Department's efforts to persuade the EU to contribute additional resources and the results of these discussions.

The Committee provides a total of $272,000,000 for alternative development/institution building programs under the ACI, $240,000,000 of which shall be apportioned directly to USAID, including $140,000,000 for Colombia. The Committee provides not less than $6,000,000 for judicial reform programs in Colombia which are administered by the Justice Department, and an additional $6,000,000 for USAID to support organizations and programs to protect human rights, including the Office of the U.N. High Commissioner for Human Rights in Colombia.

The Committee notes that the Foreign Operations Appropriations Act, 2004, included a provision that not less than $2,500,000 should be made available for assistance for the Colombian National Park Service. However, due to changed circumstances, including the replacement of the director of the Park Service, the Committee directs that these fiscal year 2004 funds be made available instead to USAID to support direct grants to NGOs that work with indigenous communities bordering the parks, to promote conservation of the parks. The Committee requests USAID to consult with the former director of the Park Service, and with the Committee, on the use of these funds.

The Committee recognizes the work of Mobile Medical International, an organization dedicated to improving the delivery of health care services in remote parts of the world. The Committee recommends that $1,000,000 from this heading be provided to support these efforts in the Andean Region, and supports additional funding for Mobil Medical from other accounts in this Act to further their activities in the Middle East.

COLOMBIA
The Committee reiterates its support for the efforts of Colombian President Uribe to tackle the threats of terrorism and narcotics in that country.

The Committee continues to support programs that bolster political and judicial reforms in Colombia, and that provide alternative development opportunities in rural areas.

The Committee includes language concerning the safety of chemical herbicide used in aerial fumigation programs in Colombia, and, as in previous years, requires the Secretary of State to certify that the herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws, and that it does not pose unreasonable risks or adverse effects to human health or the environment.

The Committee directs the Secretary of State to submit a report not later than 60 days after enactment of this Act describing progress in completing an objective study of the health and environmental effects of the fumigation, and expects the State Department to continue to work with relevant Colombian authorities to ensure that complaints of harm to health or licit crops caused by the fumigation program are objectively evaluated and fair compensation is promptly paid to meritorious claims.

The Committee includes language, similar to last year, requiring the Secretary of State to certify that human rights conditions have been met prior to the obligation of 25 percent of the assistance for the Colombian military, and to consult with the International Committee of the Red Cross and the Office of the U.N. High Commissioner for Human Rights in Colombia regarding the conditions, prior to making a certification.

The Committee directs the Secretary of State to submit a report not later than 180 days after the date of enactment of this Act on aerial eradication and surveillance equipment procurement needs for ongoing counterdrug operations in Colombia, including additional aircraft requirements.

The Committee continues to support the League of Displaced Women of Bolivar, which works to provide food, medical care, shelter, and income opportunities for displaced women and children.

The conference agreement provides that not less than $264,600,000 shall be made available for alternative development and institution building activities by USAID, the Department of Justice, and the Department of State of which $237,000,000 shall be directly apportioned to USAID, including $125,700,000 for Colombia.

The conference agreement provides that not less than $6,000,000 should be made available for judicial reform in Colombia, not less than $6,000,000 shall be made available to USAID for organizations and programs to protect human rights and $2,000,000 should be made available for biodiversity and indigenous reserves protection in Colombia.

The conference agreement again includes conditions, similar to current law and the same as the Senate bill, on aerial spraying. The House bill did not address this matter.

The conference agreement includes the House language prohibiting funds for the resumption of flights in support of a Peruvian air interdiction program until a system of enhanced safeguards are in place. The Senate did not address this matter.

The conference agreement includes Senate language providing that assistance should be made available to the Bolivian military and police only if the Bolivian military and police are respecting human rights and cooperating with investigations and prosecutions of alleged violations of human rights.

The conference agreement does not include Senate conditions on assistance to support the demobilization of illegal armed groups in Colombia. The managers are aware that the Colombian Government is engaged in demobilization negotiations with such groups, which have been designated foreign terrorist organizations (FTOs) by the State Department. Leaders of these FTOs have been indicted by the Justice Department for drug trafficking and these groups have been implicated in widespread human rights violations. The managers note that according to the Justice Department, United States law forbids the provision of United States assistance to members of terrorist organizations. The managers further note that USAID included $3,250,000 in its fiscal year 2005 budget justification for `Peace Initiatives' in Colombia, including demobilization/integration. The conference agreement requires consultation with and notification to the Committees prior to the obligation of fiscal year 2005 funds for such activities. The managers believe that the costs of demobilizing illegal armed groups should be borne by the Colombian Government, not the United States. The managers are concerned that the demobilization process is being undertaken without adequate safeguards to ensure the dismantling of such FTOs, to deter members of such groups from resuming illegal activities, or to prosecute and punish those involved in drug trafficking and human rights violations.

The managers do not believe the Administration should request funds in fiscal year 2006 for the demobilization/reintegration of members of such FTOs unless it is for limited activities that are determined by the Justice Department to be consistent with United States anti-terrorism laws, and the following conditions can be met: (1) The FTO is respecting a ceasefire and the cessation of illegal activities; (2) the Government of Colombia has not adopted any law or policy inconsistent with its obligations under the United States-Colombian treaty on extradition, and has committed to the United States that it will continue to extradite Colombian citizens to the United States, including members of such illegal armed groups, in accordance with that treaty; (3) the Colombian legal framework governing the demobilization of such groups provides for prosecution and punishment, in proportion to the crimes committed, of those responsible for gross violations of human rights, violations of international humanitarian law, and drug trafficking, for reparations to victims, and for the monitoring of demobilized individuals; (4) the Government of Colombia is implementing a policy of effectively dismantling such groups, including the seizure of financial and property assets; and (5) the Government of Colombia is taking actions to enable the return of stolen assets, including real property, to their original owners.

The managers are also aware that the Administration has used fiscal year 2004 funds to support the Organization of American States (OAS) Mission in Colombia. The managers request that, prior to the provision of additional funds to the OAS for this purpose, the Secretary of State report to the Committees that the OAS Mission is strictly adhering to its verification role, FTOs are concentrated in zones for demobilization, the legal framework governing the demobilization conforms with (3) above, and the Inter-American Commission for Human Rights is providing advice to the OAS Mission.

The conference agreement makes available $16,285,000 from this account for administrative expenses of the Department of State as proposed by the House and the Senate and $7,800,000 for administrative expenses of USAID instead of $4,500,000 as proposed by the House and the Senate.

The conference agreement includes a provision proposed by the Senate that requires that the Administrator of USAID, in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, shall have responsibility for the use of funds under this heading that are directly apportioned to USAID. The conference agreement does not include a provision in section 515 of the general provisions, as proposed by the Senate, requiring that all reprogrammings of funds under this and the previous heading shall be subject to review and approval by the Deputy Secretary of State. The House did not address either matter.

Funds in this account are allocated in the following table and, as stipulated in section 595, any change to these allocations is subject to the regular reprogramming procedures of the Committees on Appropriations:

For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,777,500,000: Provided, That of the funds appropriated under this heading, not less than $2,220,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act or by October 31, 2004, whichever is later: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than $580,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That in addition to the funds appropriated under this heading, up to $150,000,000 for assistance for Pakistan may be derived by transfer from unobligated balances of funds appropriated under the headings `Economic Support Fund' and `Foreign Military Financing Program' in prior appropriations Acts and not otherwise designated in those Acts for a specific country, use, or purpose: Provided further, That funds appropriated or otherwise made available by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a).

None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 515 of this Act: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Sudan and Guatemala: Provided further, That none of the funds appropriated under this heading may be made available for assistance for Haiti except pursuant to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the `Foreign Military Sales Financing Program' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $40,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That not more than $367,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2005 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt during fiscal year 2005 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act.

The managers have included language providing $2,220,000,000 for Israel and $1,300,000,000 for Egypt as proposed in both the House and Senate bills. The conference agreement includes language similar to that proposed in the Senate amendment that provides that $206,000,000 should be made available for assistance for Jordan.

Funds in this account are allocated in the following table and, as stipulated in section 595 any change to these allocations is subject to the regular reprogramming procedures of the Committees on Appropriations:

Foreign Military Financing Program
[Budget Authority, dollars in thousands]
	Conference Agreement
Africa:
Botswana	$500
Djibouti	4,000
Eritrea	500
Ethiopia	2,000
Ghana	500
Kenya	7,000
Liberia	3,000
Nigeria	500
Senegal	500
Uganda	2,000
Africa Coastal/Border Security Program	4,000
Military Health Affairs	2,000
Subtotal--Africa	26,500
East Asia and the Pacific:
Cambodia	1,000
East Timor	1,000
Fiji	250
Indonesia	1,000
Mongolia	1,000
Tonga	250
Philippines	30,000
Thailand	1,500
Subtotal--East Asia and the Pacific	36,000
Europe and Eurasia:
Albania	3,000
Armenia	8,000
Azerbaijan	8,000
Bosnia	2,500
Bulgaria	7,000
Czech Republic	6,000
Estonia	5,000
Georgia	12,000
Hungary	6,000
Kazakhstan	5,000
Kyrgyz Republic	2,000
Latvia	5,000
Lithuania	5,500
Macedonia	5,250
Moldova	450
Poland	66,000
Romania	11,000
Slovakia	5,000
Slovenia	1,500
Tajikistan	500
Turkey	34,000
Turkmenistan	700
Ukraine	3,000
Uzbekistan	11,000
Subtotal--Europe and Eurasia	213,400
Near East:
Bahrain	19,000
Egypt	1,300,000
Israel	2,220,000
Jordan	206,000
Morocco	15,250
Oman	20,000
Tunisia	10,000
Yemen	10,000
Subtotal--Near East	3,800,250
South Asia:
Afghanistan	400,000
Bangladesh	250
Nepal	1,500
Pakistan	150,000
(by transfer)	(150,000)
Sri Lanka	500
Subtotal--South Asia	552,250
Western Hemisphere:
Argentina	1,000
Bahamas	100
Belize	200
Bolivia	2,000
Chile	500
Colombia	100,000
Dominican Republic	1,000
Ecuador	1,000
El Salvador	1,500
Guyana	100
Haiti	300
Honduras	1,000
Jamaica	600
Nicaragua	500
Panama	1,000
Peru	1,000
Suriname	100
Uruguay	400
Eastern Caribbean	1,000
Subtotal--Western Hemisphere	113,300
Global:
Enhanced Peacekeeping Capabilities	1,800
FMF Administrative Costs	40,000
Subtotal--Global	41,800
Total	4,783,500

The conference agreement provides that not less than $580,000,000 shall be made available for procurement in Israel of defense articles and services, as proposed by the House. The Senate proposed similar language.

The conference agreement does not include language proposed by the Senate that would have allowed for the transfer of up to $5,000,000 to `Nonproliferation, Anti-Terrorism, Demining and Related Programs'. The House bill did not address this matter.

The conference agreement includes $400,000,000 in military assistance for Afghanistan.

The conference agreement stipulates that not less than $206,000,000 should be provided from this account for assistance to Jordan, similar to a Senate provision. The House bill did not address this matter.

The managers have not included Senate provisions specifying funding levels for Tunisia, Armenia, Liberia, and Georgia. Information on funding levels as a basis for notification for these and other countries and programs is found in the table included in the Statement of Managers.

The conference agreement includes a provision, similar to Senate language, which conditions up to $2,000,000 in assistance for Uganda on progress by the Government of Uganda in human rights, the protection of civilians, and the professionalization of Ugandan armed forces. The House bill did not address this matter.

The conference agreement includes a House provision that permits up to $150,000,000 from prior year Foreign Military Financing Program and Economic Support Fund accounts to be transferred to the FMF account in this Act for assistance to Pakistan. The Senate included similar language, but did not designate Pakistan as the recipient of the transferred funds.

The conference agreement includes Senate language prohibiting funding from this account for Sudan and Guatemala. The House bill also included Indonesia in the funding prohibition.

The conference agreement includes Senate language that requires a notification for assistance for Haiti. The House bill did not address this matter.

The conference agreement does not include a House provision prohibiting funding from this account for activities related to the clearance of unexploded ordnance from United States Armed Forces testing or training centers, except on San Jose Island, Republic of Panama. The Senate amendment did not address this matter.

SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding any other provision of law, funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:

(1) Up to 75 percent of such funds may be obligated prior to a determination and certification by the Secretary of State pursuant to paragraph (2).

(2) Up to 12.5 percent of such funds may be obligated only after the Secretary of State certifies and reports 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, according to the Minister of Defense or the Procuraduria General de la Nacion, 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 vigorously investigating and prosecuting 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 is promptly punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations.

(C) The Colombian Armed Forces have made substantial progress in 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).

(D) The Colombian Armed Forces have made substantial progress in 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, especially in regions where these organizations have a significant presence.

(E) The Colombian Armed Forces are dismantling paramilitary leadership and financial networks by arresting commanders and financial backers, especially in regions where these networks have a significant presence.

(3) The balance of such funds may be obligated after July 31, 2005, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) 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) CONGRESSIONAL NOTIFICATION- Funds made available by this Act for the Colombian Armed Forces shall be subject to the regular notification procedures of the Committees on Appropriations.

(c) CONSULTATIVE PROCESS- Not later than 60 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2006, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection.

(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. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED- Notwithstanding any other provision of law, funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows:

(1) Up to 75 percent of such funds may be obligated prior to a determination and certification by the Secretary of State pursuant to paragraph (2).

(2) Up to 12.5 percent of such funds may be obligated only after the Secretary of State certifies and reports 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, according to the Minister of Defense or the Procuraduria General de la Nacion, 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 vigorously investigating and prosecuting 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 is promptly punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations.

(C) The Colombian Armed Forces have made substantial progress in 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).

(D) The Colombian Armed Forces have made substantial progress in 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, especially in regions where these organizations have a significant presence.

(E) The Colombian Government is dismantling paramilitary leadership and financial networks by arresting commanders and financial backers, especially in regions where these networks have a significant presence.

(3) The balance of such funds may be obligated after July 31, 2005, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) 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) CONGRESSIONAL NOTIFICATION- Funds made available by this Act for the Colombian Armed Forces shall be subject to the regular notification procedures of the Committees on Appropriations.

(c) CONSULTATIVE PROCESS-

(1) Prior to making the certifications required by subsection (a), the Secretary of State shall request the opinion of the Office of the United Nations High Commissioner for Human Rights in Colombia and consult with the International Committee of the Red Cross regarding each of the conditions specified in paragraphs (2)(A) through (E) of that subsection.

(2) Not later than 60 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2006, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection.

(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.

(1) Up to 75 percent of such funds may be obligated prior to a determination and certification by the Secretary of State pursuant to paragraph (2).

(2) Up to 12.5 percent of such funds may be obligated only after the Secretary of State certifies and reports 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, according to the Minister of Defense or the Procuraduria General de la Nacion, 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 vigorously investigating and prosecuting 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 is promptly punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations.

(C) The Colombian Armed Forces have made substantial progress in 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).

(D) The Colombian Armed Forces have made substantial progress in 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, especially in regions where these organizations have a significant presence.

(E) The Colombian Government is dismantling paramilitary leadership and financial networks by arresting commanders and financial backers, especially in regions where these networks have a significant presence.

(3) The balance of such funds may be obligated after July 31, 2005, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) 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) CONGRESSIONAL NOTIFICATION- Funds made available by this Act for the Colombian Armed Forces shall be subject to the regular notification procedures of the Committees on Appropriations.

(c) CONSULTATIVE PROCESS- Not later than 60 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2006, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection.

(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. 557. (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.

ILLEGAL ARMED GROUPS

SEC. 557. (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.

SEC. 557. (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.