Chapter 1 of Title VI of S. 2522, Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001

Chapter 1 of Title VI of S. 2522, Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001
TITLE VI--PLAN COLOMBIA

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2000, and for other purposes, namely:

CHAPTER 1

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

Department of State

ASSISTANCE FOR COUNTERNARCOTICS ACTIVITIES

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support Central and South America and Caribbean counternarcotics activities, $934,100,000, to remain available until expended: Provided, That of the funds appropriated under this heading, not less than $120,000,000 shall be made available for assistance for Bolivia, of which not less than $100,000,000 shall be made available for alternative development and other economic activities: Provided further, That of the funds appropriated under this heading, not less than $25,000,000 shall be made available for assistance for Ecuador, of which not less than $12,000,000 shall be made available for alternative development and other economic activities: Provided further, That of the funds appropriated under this heading, up to $42,000,000 shall be made available for assistance for Peru: Provided further, That of the funds appropriated under this heading, not less than $18,000,000 shall be made available for assistance for other countries in South and Central America and the Caribbean which are cooperating with United States counternarcotics objectives: Provided further, That of the funds appropriated under this heading not less than $110,000,000 shall be made available for the procurement, refurbishing, and support for UH-1H Huey II helicopters: Provided further, That of the funds made available under this heading, not less than $5,000,000 shall be made available for administration of demobilizing and rehabilitating activities for child soldiers in Colombia: Provided further, That funds made available under this heading shall be in addition to amounts otherwise available for such purposes: 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 the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the U.S. Agency for International Development, shall provide to the Committees on Appropriations not later than 30 days after the date of enactment of this Act and prior to the initial obligation of any funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project or activity: Provided further, That funds appropriated under this heading shall be subject to notification: 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 the entire amount provided 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 in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

GENERAL PROVISIONS--THIS CHAPTER

SEC. 6101. CONDITIONS ON ASSISTANCE FOR COLOMBIA. (a) CONDITIONS-

(1) CERTIFICATION REQUIRED- Assistance provided under this heading may be made available for Colombia in fiscal years 2000 and 2001 only if the Secretary of State certifies to the appropriate congressional committees prior to the initial obligation of such assistance in each such fiscal year, that--

(A)(i) the President of Colombia has directed in writing that Colombian Armed Forces personnel who are credibly alleged to have committed gross violations of human rights will be brought to justice in Colombia's civilian courts, in accordance with the 1997 ruling of Colombia's Constitutional court regarding civilian court jurisdiction in human rights cases; and

(ii) the Commander General of the Colombian Armed Forces is promptly suspending from duty any Colombian Armed Forces personnel who are credibly alleged to have committed gross violations of human rights or to have aided or abetted paramilitary groups; and

(iii) the Colombian Armed Forces and its Commander General are fully complying with (A)(i) and (ii); and

(B) the Colombian Armed Forces are cooperating fully with civilian authorities in investigating, prosecuting, and punishing in the civilian courts Colombian Armed Forces personnel who are credibly alleged to have committed gross violations of human rights; and

(C) the Government of Colombia is vigorously prosecuting in the civilian courts the leaders and members of paramilitary groups and Colombian Armed Forces personnel who are aiding or abetting these groups.

(2) CONSULTATIVE PROCESS- The Secretary of State shall consult with internationally recognized human rights organizations regarding the Government of Colombia's progress in meeting the conditions contained in paragraph (1), prior to issuing the certification required under paragraph (1).

(3) APPLICATION OF EXISTING LAWS- The same restrictions contained in section 564 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (Public Law 106-113) and section 8098 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79) shall apply to the availability of funds under this heading.

(b) DEFINITIONS- In this section:

(1) AIDING OR ABETTING- The term `aiding or abetting' means direct and indirect support to paramilitary groups, including conspiracy to allow, facilitate, or promote the activities of paramilitary groups.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.

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

(4) ASSISTANCE- The term `assistance' means assistance appropriated under this heading for fiscal years 2000 and 2001, and provided under the following provisions of law:

(A) Section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; relating to counter-drug assistance).

(B) Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; relating to counter-drug assistance to Colombia and Peru).

(D) Section 481 of the Foreign Assistance Act of 1961 (Public Law 87-195; relating to international narcotics control).

(E) Section 506 of the Foreign Assistance Act of 1961 (Public Law 87-195; relating to emergency drawdown authority).

SEC. 6102. REGIONAL STRATEGY. (a) REPORT REQUIRED- Not later than 60 days after the date of enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, the Committee on International Relations and the Committee on Appropriations of the House of Representatives, a report on the current United States policy and strategy regarding United States counternarcotics assistance for Colombia and neighboring countries.

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

(1) The key objectives of the United States' counternarcotics strategy in Colombia and neighboring countries and a detailed description of benchmarks by which to measure progress toward those objectives.

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

(3) The role of the United States in the efforts of the Government of Colombia to deal with illegal drug production in Colombia.

(4) The role of the United States in the efforts of the Government of Colombia to deal with the insurgency and paramilitary forces in Colombia.

(5) How the strategy with respect to Colombia relates to and affects the United States' strategy in the neighboring countries.

(6) How the strategy with respect to Colombia relates to and affects the United States' strategy for fulfilling global counternarcotics goals.

(7) A strategy and schedule for providing material, technical, and logistical support to Colombia and neighboring countries in order to defend the rule of law and to more effectively impede the cultivation, production, transit, and sale of illicit narcotics.

(8) A schedule for making Forward Operating Locations (FOL) fully operational, including cost estimates and a description of the potential capabilities for each proposed location and an explanation of how the FOL architecture fits into the overall the Strategy.

SEC. 6103. SENSE OF THE CONGRESS ON COUNTER NARCOTICS MEASURES. It is the sense of Congress that--

(1) the Government of Colombia should commit itself immediately to the urgent development and application of naturally occurring and ecologically sound methods for eradicating illicit crops, which could reduce significantly the loss of life in Colombia and the United States;

(2) the effectiveness of United States counter narcotics assistance to Colombia depends on the ability of law enforcement officials of that country having unimpeded access to all areas of the national territory of Colombia for the purposes of carrying out the interdiction of illegal narcotics and the eradication of illicit crops; and

(3) the governments of countries receiving support under this title should take effective steps to prevent the creation of a safe haven for narcotics traffickers by ensuring that narcotics traffickers indicted in the United States are promptly arrested, prosecuted, and sentenced to the maximum extent of the law and, upon the request of the United States Government, extradited to the United States for trial for their egregious offenses against the security and well-being of the people of the United States.

SEC. 6104. REPORT ON EXTRADITION OF NARCOTICS TRAFFICKERS. (a) Not later than six months after the date of the enactment of this title, and every six months thereafter, during the period Plan Colombia resources are made available, the Secretary of State shall submit to the Committee on Foreign Relations, the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on International Relations, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives a report setting forth--

(1) a list of the persons whose extradition has been requested from any country receiving counter narcotics assistance from the United States, indicating those persons who--

(A) have been surrendered to the custody of United States authorities;

(B) have been detained by the authorities and who are being processed for extradition;

(D) are at large;

(2) a determination whether authorities of each country receiving counternarcotics assistance from the United States are making good faith efforts to ensure the prompt extradition of each of the persons sought by United States authorities; and

(3) an analysis of--

(A) any legal obstacles in the laws of each country receiving counternarcotics assistance from the United States regarding prompt extradition of persons sought by United States authorities; and

(B) the steps taken by authorities of the United States and the authorities of each country receiving counternarcotics assistance from the United States to overcome such obstacles.

SEC. 6105. None of the funds appropriated under this title may be used to support the aerial spraying of any herbicide, unless the Surgeon General of the United States determines and reports to the appropriate congressional committees that such herbicide is safe and nontoxic to human health, and the Administrator of the Environmental Protection Agency determines and reports to the appropriate congressional committees that such herbicide does not contaminate water or leach in soil.

SEC. 6106. LIMITATIONS ON SUPPORT FOR PLAN COLOMBIA AND ON THE ASSIGNMENT OF UNITED STATES PERSONNEL IN COLOMBIA. (a) LIMITATION ON SUPPORT FOR PLAN COLOMBIA- Except for appropriations made by this Act and appropriations made by the Military Construction Appropriations Act, 2001, for such purpose, none of the funds appropriated or otherwise made available by any Act (including unobligated balances of prior appropriations) shall be available for support of Plan Colombia unless and until--

(1) the President submits a report to Congress requesting the availability of such funds; and

(2) Congress enacts a joint resolution approving the request of the President under paragraph (1).

(b) LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL IN COLOMBIA-

(1) LIMITATION- Except as provided in paragraph (2), none of the funds appropriated or otherwise made available by this or any other Act (including unobligated balances of prior appropriations) may be available for--

(A) the assignment of any United States military personnel for temporary or permanent duty in Colombia if that assignment would cause the number of United States military personnel so assigned in Colombia to exceed 250 (excluding military personnel assigned to the United States diplomatic mission in Colombia); or

(B) the employment of any United States individual civilian retained as a contractor in Colombia if that employment would cause the total number of individual civilian contractors employed in Colombia in support of Plan Colombia who are funded by Federal funds to exceed 100.

(2) EXCEPTION- The limitation contained in paragraph (1) shall not apply if--

(A) the President submits a report to Congress requesting that the limitation not apply; and

(B) Congress enacts a joint resolution approving the request of the President under subparagraph (A).

(c) WAIVER- The President may waive the limitation in subsection (b)(1) for a single period of up to 90 days in the event that the Armed Forces of the United States are involved in hostilities or that imminent involvement by the Armed Forces of the United States in hostilities is clearly indicated by the circumstances.

(d) MONTHLY REPORTS- Beginning within 90 days of the date of enactment of this joint resolution, and every 30 days thereafter, the President shall submit a report to Congress that shall include the aggregate number, locations, activities, and lengths of assignment for all temporary and permanent United States military personnel and individual civilians retained as contractors involved in the antinarcotics campaign in Colombia.

(e) CONGRESSIONAL PRIORITY PROCEDURES-

(1) JOINT RESOLUTIONS DEFINED-

(A) For purposes of subsection (a)(2), the term `joint resolution' means only a joint resolution introduced not later than 10 days of the date on which the report of the President under subsection (a)(1) is received by Congress, the matter after the resolving clause of which is as follows: `That Congress approves the request of the President for additional funds for Plan Colombia contained in the report submitted by the President under section 6106(a)(1) of the 2000 Emergency Supplemental Appropriations Act.'.

(B) For purposes of subsection (b)(2)(B), the term `joint resolution' means only a joint resolution introduced not later than 10 days of the date on which the report of the President under subsection (a)(1) is received by Congress, the matter after the resolving clause of which is as follows: `That Congress approves the request of the President for exemption from the limitation applicable to the assignment of personnel in Colombia contained in the report submitted by the President under section 6106(b)(2)(B) of the 2000 Emergency Supplemental Appropriations Act.'.

(2) PROCEDURES- Except as provided in subparagraph (B), a joint resolution described in paragraph (1)(A) or (1)(B) shall be considered in a House of Congress in accordance with the procedures applicable to joint resolutions under paragraphs (3) through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473; 98 Stat. 1936).

(f) PLAN COLOMBIA DEFINED- In this section, the term `Plan Colombia' means the plan of the Government of Colombia instituted by the administration of President Pastrana to combat drug production and trafficking, foster peace, increase the rule of law, improve human rights, expand economic development, and institute justice reform.

As of May 11, 2000, this document was also available online at http://thomas.loc.gov/cgi-bin/query/z?c106:S.2522.PCS: