Relevant
text of the 2004 Foreign Operations Appropriations Act (H.R. 2800
and S. 1426; Division D of omnibus bill H.R. 2673; Public Law 108-199)
(with annotations)
(Excerpt
text only, without annotations)
ANDEAN
COUNTERDRUG INITIATIVE
For
necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961 to support counterdrug activities in the Andean region
of South America,
| 1.
Overall amount: The figure of $700 million for the entire
Andean region is equivalent to the Bush Administration's original
request
of $731 million. |
$731,000,000,
to remain available until September 30, 2006: Provided,
That
| 2.
Mission expansion: The bill repeats legislative language
that first appeared in the 2002 emergency anti-terrorism supplemental
(H.R.
4775),
which allows past and present counter-drug aid to be used
in counter-insurgent (or "counter-terror") operations.
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in
fiscal year 2004, funds available to the Department of State for
assistance to the Government of Colombia shall be available to support
a unified campaign against narcotics trafficking, against activities
by organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), and the United Self-Defense Forces of Colombia (AUC),
and to take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the
Secretary of State has credible evidence that the Colombian Armed
Forces are not conducting vigorous operations to restore government
authority and respect for human rights in areas under the effective
control of paramilitary and guerrilla organizations: Provided
further,
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3.
Helicopter end-use: This provision has been included
in aid legislation every year since the 2000-2001 "Plan
Colombia" aid package.
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Provided
further, That this authority shall cease to be effective if the
Secretary of State has credible evidence that the Colombian Armed
Forces are not conducting vigorous operations to restore government
authority and respect for human rights in areas under the effective
control of paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the operations
of any illegal self-defense group or illegal security cooperative,
such helicopter shall be immediately returned to the United States:
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4.
Shootdown policy: The U.S. strategy of passing intelligence
about suspected drug-smuggling flights to the Peruvian Air
Force has been suspended since the accidental
shooting down
of a planeload of U.S. missionaries over Peru in April 2001.
(The program was re-started in Colombia in August 2003 after
a two-year freeze. Now, this section calling for assurances
of program improvements -which also appeared in the 2002
and 2003 aid bills - applies only to Peru).
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Provided
further, That
none
of the funds appropriated by this Act may be made available to support
a Peruvian air interdiction program until the Secretary of State
and Director of Central Intelligence certify to the Congress,
30
days before any resumption of United States involvement in a Peruvian
air interdiction program, that an air interdiction program that
permits the ability of the Peruvian Air Force to shoot down aircraft
will include enhanced safeguards and procedures to prevent the occurrence
of any incident similar to the April 20, 2001 incident: Provided
further,
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5.
Report: Congress is asking for a thorough report on
how money will be spent in each country.
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That
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development, shall
provide to the Committees on Appropriations not later than 45 days
after the date of the enactment of this Act and prior to the initial
obligation of funds appropriated under this heading, a report on
the proposed uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further,
| 6.
Straight to AID: This provision, $7 million higher than
similar language in the 2003 bill, guarantees that (a) over
one-third of the region-wide package must be social and economic
aid, and (b) much funds for social and economic programs will
be appropriated directly to the U.S. Agency for International
Development (USAID) instead of first passing through the State
Department's anti-narcotics bureau. |
That
of the funds appropriated under this heading, not less than $257,000,000
shall be made available for alternative development/institution
building, of which $229,200,000 shall be apportioned directly to
the United States Agency for International Development: Provided
further,
| 7.
Justice, rule of law and human rights programs: Earmarks
a minimum of $25 million for justice programs in Colombia
and $13 million for human rights protection. |
That
of the funds appropriated under this heading, not less than $25,000,000
should be made available for justice and rule of law programs in
Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available pursuant
to the previous proviso, not less than $13,000,000 should be made
available for organizations and programs to protect human rights:
Provided
further,
|
8.
Fumigation certification: Weakened somewhat from a similar
provision in the 2002 law, this rather self-explanatory
language cuts off 80 percent of money for new herbicides
until the State Department and EPA can certify that several
conditions exist.
|
That
not more than 20 percent of the funds appropriated by this Act that
are used for the procurement of chemicals for aerial coca and poppy
fumigation programs may be made available for such programs unless
the Secretary of State, after consultation with the Administrator
of the Environmental Protection Agency (EPA), certifies to the Committees
on Appropriations that: (1) the herbicide mixture is being used
in accordance with EPA label requirements for comparable use in
the United States and any additional controls recommended by the
EPA for this program, and with the Colombian Environmental Management
Plan for aerial fumigation; and (2) the herbicide mixture, in the
manner it is being used, does not pose unreasonable risks or adverse
effects to humans or the environment: Provided further, That such
funds may not be made available unless the Secretary of State certifies
to the Committees on Appropriations that complaints of harm to health
or licit crops caused by such fumigation are evaluated and fair
compensation is being paid for meritorious claims: Provided further,
That such funds may not be made available for such purposes unless
programs are being implemented by the United States Agency for International
Development, the Government of Colombia, or other organizations,
in consultation with local communities, to provide alternative sources
of income in areas where security permits for small-acreage growers
whose illicit crops are targeted for fumigation: Provided further,
| 9.
Colombian National Park Service: Earmarks $2.5 million
to protect Colombian parks - $1 million less than in the 2003
law. |
That
of the funds appropriated under this heading, not less than $2,500,000
should be made available for continued training, equipment, and
other assistance for the Colombian National Park Service: Provided
further, That
|
10.
Fumigation in national parks: Slipped in at the last
minute, this provision allows parks to be sprayed if the
Colombian government approves. A March 2004 Colombian government
decree has so far halted this practice.
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funds
appropriated by this Act may be used for aerial fumigation in Colombia's
national parks or reserves if the Secretary of State determines
that it is in accordance with Colombian laws and that there are
no effective alternatives to reduce drug cultivation in these areas:
Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply
to funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading that
is
|
12.
Section 482(b): This provision waives section 482(b)
of the Foreign Assistance Act, which normally prohibits
the use of counter-narcotics funds for weapons or ammunition
(unless they are to be used for the defensive arming of
anti-drug aircraft or for defensive purposes by State Department
employees or contract personnel engaged in counternarcotics
activities).
When
aid is subject to "normal notification procedures,"
the leaders of both houses' appropriations committees must
be notified in advance when new aid is to be obligated;
chairmen and ranking minority-party members of these committees
occasionally freeze such aid until certain conditions are
met or negotiated.
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made
available notwithstanding section 482(b) of the Foreign Assistance
Act of 1961, as amended, shall be made available subject to the
regular notification procedures of the Committees on Appropriations:
Provided further,
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13.
The "cap" on troops and contractors: The presence
of U.S. military personnel and private contractors in Colombia
is again held to a maximum of 400 each.
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That
the provisions of section 3204(b) through (d) of Public Law 106-246,
as amended by Public Law 107-115, shall be applicable to funds appropriated
for fiscal year 2004: Provided further, That 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 by this Act for Colombia: Provided
further, That
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14.
Human rights conditions for Bolivia: This provision
appears for the first time on the 2004 bill.
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funds
appropriated under this heading that are available for assistance
for the Bolivian military and police should be made available for
such purposes subject to a determination by the Secretary of State,
and a report to the Committees on Appropriations, that the Bolivian
military and police are respecting human rights and cooperating
with investigations and prosecutions of alleged violations of human
rights: Provided further, That of the funds appropriated under
this heading, not more than $16,285,000 may be available for administrative
expenses of the Department of State, and not more than $4,500,000
may be available, in addition to amounts otherwise available for
such purposes, for administrative expenses of the United States
Agency for International Development.
...
FOREIGN
MILITARY FINANCING PROGRAM
(including
transfer of funds)
For
expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,294,000,000: Provided, That of the funds appropriated under
this heading, not less than $2,160,000,000 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: 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 $568,000,000 shall be available for the procurement
in Israel of defense articles and defense services, including
research and development: Provided further, That of the funds
appropriated by this paragraph, $206,000,000 should be made available
for assistance for Jordan: Provided further, That
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15.
Police aid: Of the estimated $110 million in FMF going
to Colombia in 2004, $17 million are earmarked for Colombian
police aircraft support.
|
of
the funds appropriated by this paragraph, $17,000,000 may be transferred
to and merged with funds appropriated under the heading `Andean
Counterdrug Initiative' and made available for aircraft and related
assistance for the Colombian National Police: Provided further,
That funds appropriated 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 section 1501(a) of title 31, United States Code.
...
COLOMBIA
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17.
Human rights conditions: Language conditioning military
aid to Colombia on human rights performance -- which was
included in the bill's Senate version -- is similar to that
found in past legislation, though it again applies to only
25 percent of aid.
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SEC.
563. (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, 2004,
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, 2005, 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.
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18.
Visa denial: A provision appearing for the third straight
year, this requirement applies to suspected supporters --
and not just members -- of all three Colombian groups on
the State Department's list of Foreign Terrorist Organizations.
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ILLEGAL
ARMED GROUPS
SEC.
564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED
GROUPS- Subject to subsection (b), the Secretary of State shall
not issue a visa to any alien who the Secretary determines, based
on credible evidence--
(1)
has willfully provided any support to the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army (ELN),
or the United Self-Defense Forces of Colombia (AUC), including
taking actions or failing to take actions which allow, facilitate,
or otherwise foster the activities of such groups; or
(2)
has committed, ordered, incited, assisted, or otherwise participated
in the commission of gross violations of human rights, including
extra-judicial killings, in Colombia.
(b)
WAIVER- Subsection (a) shall not apply if the Secretary of State
determines and certifies to the appropriate congressional committees,
on a case-by-case basis, that the issuance of a visa to the alien
is necessary to support the peace process in Colombia or for urgent
humanitarian reasons.
...
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19.
Report language: The bill comes with a report clarifying
the Conference Committee's intent and expectations for the
law, as well as other concerns and the occasional request
for information.
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[Non-binding
report language:]
ANDEAN
COUNTERDRUG INITIATIVE
The
conference agreement appropriates $731,000,000 for the Andean
Counterdrug Initiative as proposed by the House instead of $660,000,000
as proposed by the Senate. The managers emphasize that there are
other funds for Andean nations in this Act.
The
conference agreement provides that not less than $257,000,000
shall be made available for alternative development and institution
building activities by USAID, the Department of Justice, and the
Department of State and that $229,500,000 shall be directly apportioned
to USAID. The managers note that funds for the Bureau of Population,
Refugee, and Migration are included in the $257,000,000 earmark
and expect the entire amount requested be provided for programs
to assist refugees and displaced persons.
Again
in fiscal year 2004, the managers have 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. This provision is
identical to that in the House bill and Senate amendment.
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20.
Mission expansion: The committee makes clear that it
expects counter-narcotics to remain the primary U.S. mission
in Colombia despite the "unified campaign" language
in the law.
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The
managers are supportive of the Colombian Government in its attempts
to provide security for the Colombian people and have continued
these expanded authorities in recognition that the narcotics industry
is linked to the terrorist groups, including the paramilitary
organizations, in Colombia. The managers expect counternarcotics,
alternative development, and judicial reform to remain the principal
focus of United States policy in Colombia. The managers reiterate
that the expanded authority is not a signal from the managers
for the United States to become more deeply involved in assisting
the Colombian Armed Forces in fighting the terrorist groups, especially
not at the expense of the counternarcotics programs, but to provide
the means for more effective intelligence gathering and fusion,
and to provide the flexibility to the Department of State when
the distinction between counternarcotics and counterterrorism
are not clear cut.
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21.
Human rights protection institutions: The committee
offers a non-binding breakdown of how the earmarked $13
million in aid for human rights protection should be spent.
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The
conference report does not include certain earmarks for organizations
and programs that protect human rights in Colombia, as proposed
by the Senate. However, the conference agreement provides that not
less than $13,000,000 should be made available for such organizations
and programs. The managers intend these funds to be allocated as
follows: not less than $2,500,000 for protecting human rights
defenders in Colombia; not less than $2,500,000 for the United Nations
Office of the High Commissioner for Human Rights in Colombia; not
less than $6,500,000 for the Colombian Attorney General's Human
Rights Unit; and not less than $1,500,000 for the human rights unit
of the Colombian Procuraduria.
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22.
Cost of helicopter maintenance: The committee makes
clear that it expects Colombia to start paying more of this
cost, which is now approximately $200 million per year.
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The
managers remain concerned about the annual cost to the United
States of operating and maintaining the fleet of helicopters used
by the Colombian military for counternarcotics and counterterrorism
purposes. While these helicopters are a key tool in the fight
against coca and poppy, the managers believe the Department of
State should begin to turn over the maintenance costs to the Colombian
government. In fiscal year 2004, over one-quarter of all assistance
to Colombia is devoted to these costs, and the managers believe
that other important programs in Colombia need to be prioritized
through the allocation of United States assistance. Therefore,
the managers expect to see the start of this transition reflected
in the fiscal year 2005 budget request, and if it is not, the
managers expect this matter to be addressed in the fiscal year
2005 appropriations process.
The
conference agreement continues current caps on the number of United
States military personnel and United States civilian contractors
in Colombia, as well as the current prohibition on participation
by such persons in combat operations in connection with assistance
made available by this Act.
The
conference agreement again includes existing conditions on the
aerial spraying of herbicide, similar to the Senate amendment,
to ensure that any use of such chemicals is consistent with the
Colombian Environmental Management Plan, with Environmental Protection
Agency regulations, and to ensure that chemicals used in the aerial
fumigation of coca do not pose unreasonable health or safety risks
to humans or the environment. Additionally, not more than 20 percent
of funds made available for the purchase of chemicals used in
aerial spraying are available for obligation until the Secretary
of State, in consultation with the Administrator of the Environmental
Protection Agency, certifies to the Committees on Appropriations
that a number of conditions and concerns regarding the safety
of spraying are addressed. This is similar to current law and
the Senate amendment. The House did not address this matter.
The
conference agreement does not include a Senate prohibition on
aerial fumigation in Colombia's national parks. The managers are
concerned with reports that coca growers are moving into Colombia's
national parks and reserves, cutting trees and causing other environmental
damage. The managers support efforts to address this problem,
but agree that aerial fumigation in the parks and reserves should
be used as a last resort. Other alternatives should be pursued,
including manual eradication, training and equipping police to
protect the parks, and relocating families that have moved into
these areas. Accordingly, the conference agreement includes language
that before aerial fumigation is conducted, the Secretary of State
must determine that it is in accordance with Colombian law and
that there are no practicable alternatives to reduce drug cultivation
in these areas. The managers request to be consulted prior to
any such determination.
The
conference agreement provides that not less than $2,500,000 should
be made available for continued assistance for the Colombian National
Park Service. This language is identical to the provision in the
Senate amendment. The House did not address this matter.
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24.
The House Appropriations Committee's report (108-122) had
included the following non-binding language:
The
Committee recommends $1,000,000 for the Naval Post Graduate
School (NPS) from new and prior year funds for programs
to strengthen public engagement and democratic control of
national security in Colombia.
...
The
Committee directs that not later than 60 days after enactment
of this Act the State Department shall provide to the Committees
on Appropriations a report that describes detailed plans
and programs by the Departments of State and Defense to
train Colombian nationals for the purpose of assuming responsibilities
for programs funded in this Act currently being executed
by United States contractors. The report shall outline the
program activities, estimates of funding levels, location
of training, and expected length of length of time in which
the training of Colombian nationals will be completed. This
report is available on this site (Adobe Acrobat [.pdf]
format)
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The
managers endorse the House report language on the Naval Postgraduate
School and United States contractors in Colombia.
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 language similar to a Senate provision,
which provides that assistance should be made available to the
Bolivian military and police subject to a determination and report
by the Secretary of State that the Bolivian military and police
are respecting human rights and cooperating with investigations
and prosecutions of alleged violations of human rights. The managers
note that despite repeated assurances by successive Bolivian governments
that human rights cases would be properly investigated and the
individuals responsible appropriately punished, little has been
done and impunity remains the norm for members of Bolivian security
forces who commit violations. The managers urge the Secretary
to give higher priority to these justice issues.
The
conference report includes changes to two reports for Plan Colombia
from the fiscal year 2000 emergency supplemental. This issue is
addressed in the general provisions.
The
conference agreement makes available $16,285,000 for administrative
expenses of the Department of State as proposed by the Senate
instead of $15,680,000 as proposed by the House.
As
of July 15, 2004, this document was also available online at http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(hr401):
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