Relevant sections from Senate Appropriations Committee Report 106-291

Relevant sections from Senate Appropriations Committee Report 106-291
Calendar No. 530
106 th Congress
Report
SENATE
2d Session
106 291

FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATION BILL, 2001

May 11, 2000.--Ordered to be printed

Mr. McConnell, from the Committee on Appropriations, submitted the following

[To accompany S. 2522]

The Committee on Appropriations reports the bill (S. 2522) making appropriations for Foreign Operations and related programs for the fiscal year ending September 30, 2001, and for other purposes, reports favorably thereon and recommends that the bill do pass.

TITLE VI--PLAN COLOMBIA

CHAPTER 1

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

ASSISTANCE to plan colombia

2000 appropriation to date $305,000,000

2000 supplemental estimate 817,500,000

2001 supplemental estimate 256,000,000

Committee recommendation 934,100,000

PUSH INTO SOUTHERN COLOMBIA

The Administration's Supplemental request of $1,073,500,000 for fiscal years 2000 and 2001 augments base programs for fiscal year 2000 of $305,000,000 and a fiscal year 2001 request of $312,000,000. The Administration proposes dedicating substantial resources to Plan Colombia, a counter-narcotics initiative developed under the leadership of Colombian President Pastrana. The Administration's stated objectives of this emergency request are to help the Colombian military regain control and increase eradication activities in the southern coca growing region currently dominated by narco-traffickers and the insurgent Revolutionary Armed Forces of Colombia. The Administration also plans to promote alternative crop and employment opportunities in the southern region once it has been secured. In addition, Plan Colombia envisions strengthening government and non-governmental organizations' capacity to improve the delivery of social services and the protection of human rights. For the past several years, the Committee has supported increases in the Bureau for International Narcotics Control and Law Enforcement (INL) programs precisely because of the explosive growth in the production, trafficking and use of cocaine. Since 1992, Colombian coca production has tripled with Colombian traffickers now supplying 80 percent of the cocaine used in the United States. The Administration's dedication of resources and leadership in response to this crisis has been slow and inadequate. Historically, INL has provided support to the Colombian National Police. The Supplemental anticipates a 7:1 shift in funding from the Police to the Army. Given the past limited role and resources provided for counter-narcotics activities in Colombia and the region, the Committee is concerned about the rapid, new, and unprecedented levels of spending requested. The fiscal year 2000 program level of $50,000,000 for Colombia will now rise to nearly $1,000,000,000. The Committee has grave reservations regarding the Administration's ability to effectively manage the use of these resources to achieve the expected results of reducing production and supply of cocaine while protecting human rights. The Committee has provided $110,000,000 for the refurbishment and procurement of 60 Huey II helicopters to assist in the execution of the Colombian Counter-narcotics Battalion (CNBN) mission. In addition, the Committee has provided $8,500,000 for operating expenses. The Administration requested $388,000,000 to procure and support 30 Blackhawk helicopters which could not be made available until the end of 2001. Given the urgency of the crisis, the Committee has determined it is important to procure aircraft which can be made available sooner. The Committee believes the range, speed and capabilities of the Huey II meet the force protection and mission requirements to transport counter-narcotics squadrons from headquarters to field areas for potential combat operations. While the Committee does not share the Administration's concerns regarding the Huey II's troop carrying capacity, the Committee has agreed to increase the number of aircraft made available to accomodate any lift requirements. According to testimony by General Wilhelm, Commander in Chief, Southern Command, the counter-narcotics effort in Colombia is expected to be carried out over a 6-year period. The Committee presumes the Congress will be asked to support a large portion of the costs involved in the execution of this plan. Therefore, a primary consideration affecting the Committee's selection of helicopters must be the long term operational costs associated with the aircraft. Data provided by INL and the Department of Defense indicates both the procurement and the hourly costs for operation of the Huey II is substantially less than the Blackhawk. The Committee is concerned that the justification material provided is extremely general and reflects considerable redundancy in the requests. The request includes multiple line item entries for the same items including ammunition, fuel, logistics support and communications equipment. This repetition creates an impression that the Administration does not have a clear accounting of anticipated requirements. For example, the request to ``sustain the Counter-narcotics Battalion'' includes a large communications component virtually identical to the request for ``CNBN communications.'' Because of these redundancies and ambiguities the Committee has included language which requires a report detailing country by country planned expenditures with more complete justification information regarding the equipment, training and support the United States intends to provide. Because of these ambiguities, the Committee has fully funded fiscal year 2000 requirements but exercised caution in full funding for fiscal year 2001 requests. The Committee will evaluate emerging 2001 requirements during the regular consideration of the annual appropriations bills. The Committee recommendation funds the following activities:

[In millions of dollars]

Budget request Committee recommendation

PUSH INTO SOUTHERN COLOMBIA: 7.0 7.0 INTERDICTION: 15.0 15.0

\1\

See heading ``Alternative Development and Internally Displaced People.''

COLOMBIAN NATIONAL POLICE

The Colombian National Police (CNP), led by General Serrano, has aggressively broken up the major trafficking cartels and effectively conducted lab and coca eradication efforts. The Committee commends the Police for carrying out these activities while maintaining a laudable track record of respect for human rights. General Serrano has set an admirable standard for professional conduct, swiftly addressing allegations of corruption or abuse. The Committee encourages the Army to meet these standards. The Committee expects the Police to continue to play an important role in counter-narcotics activities in Colombia. The Committee recommendation funds the following activities:

[In millions of dollars]

Budget request Committee recommendation

COLOMBIAN POLICE: 3.0 3.0

ALTERNATIVE DEVELOPMENT AND INTERNALLY DISPLACED PEOPLE

The Committee is concerned that the Army's push into southern Colombia will exacerbate the current problems of internally displaced people. Currently, 1,400,000 people are estimated to be displaced by drug trafficking and conflict in Colombia. In recognition of this problem, the Committee has provided a total of $39,500,000 to support internally displaced people. Of this total, $15,000,000 is included in the resources related to the Army's push into southern Colombia. The Committee does not believe alternative development or economic activities are likely to flourish in southern Colombia during the Army's initial push. However, in recognition that there are longer term interests in creating employment and alternatives to illegal crops, which may be possible beyond fiscal year 2001, the Committee has provided funds to expand the Agency for International Development's operations and for development programs, which are available until expended.

However, in recognition that there are longer term interests in creating employment and alternatives to illegal crops, which may be possible beyond fiscal year 2001, the Committee has provided funds to expand the Agency for International Development's operations and for development programs, including research on alternative crops such as cocoa through the U.S. Department of Agriculture, which are available until expended.

[In millions of dollars]

Budget request Committee recommendation

ALTERNATIVE DEVELOPMENT--COLOMBIA: 5.0 2.5

HUMAN RIGHTS

The Committee notes that of the administration's $1,073,500,000 request for anti-narcotics assistance for fiscal years 2000 and 2001, less than $25,000,000 in each year is designated for protecting human rights, strengthening the judicial system, and supporting peace initiatives. This limited support is of concern given widespread recognition that the judicial system is ineffective, that far more needs to be done to investigate, prosecute and punish individuals responsible for violating human rights, and that peace initiatives serve U.S. interests in regional stability. The Committee is concerned that as the operational tempo of anti-narcotics efforts increases sharply, the potential for human rights violations will also increase. Accordingly, the Committee has substantially increased funding, as well as funded new initiatives in human rights, administration of justice, and peace related programs. In this regard, the Committee directs as follows:

--$25,000,000 shall be available to establish Colombian National Police/Fiscalia Human Rights Units. These funds should be used to pay for communications equipment; equipment for forensic investigations; computers and related technical assistance; and additional prosecutors and investigators. The Committee is aware that the Fiscalia Human Rights Units lack the ability to respond rapidly to reports of human rights violations in remote areas. The Committee also notes that the Fiscalia and the Colombian National Police are establishing joint task forces to conduct such investigations. The Committee encourages the CNP to respond positively and promptly to requests by the Fiscalia for CNP helicopter transport to the scene of such violations, so proper investigations can be carried out.

--$10,000,000 shall be available for Witness and Judicial Security in human rights cases. The Administration did not request funds for these purposes, however, the Committee believes this support is essential for the protection of witnesses, investigators, prosecutors, public defenders, and judges specifically in human rights cases.

--$1,000,000 shall be available for the U.N. Human Rights Office. The Administration did not request this funding. These funds should be used to strengthen the U.N. Office's field observation and investigative work.

--$5,000,000 shall be available for Conflict Management and Comparative Peace Process. The Administration requested $1,000,000 for these activities which the Committee believes should be significantly expanded to encompass peace and conflict resolution initiatives and related educational programs involving the participation of a broad cross-section of Colombian society, including representatives of civic groups, the business community, religious leaders, the media, Armed Forces, and other groups.

--$1,500,000 shall be available to enhance the United States Government's capabilities to monitor the use of United States assistance to Colombian Armed Forces and National Police and to investigate reports of violations of human rights. The Committee notes that while the Colombian Government deserves credit for dismissing some military officers for alleged ties to paramilitary groups, none of these officers have been prosecuted. During consideration of the Supplemental request, the Committee heard testimony about continuing, widespread ties between Colombian Army personnel and paramilitaries. The United Nations High Commissioner for Human Rights (UNHCHR) reported a sharp increase in massacres by paramilitary groups in 1999. The Committee is aware that Colombian officials have publicly pledged to protect human rights and prosecute in civilian courts members of the Armed Forces who violate human rights or aid and abet paramilitary groups. However, the Committeee is concerned that human rights have not been sufficiently treated as a priority by the Colombian government. In 1997, the Colombian Constitutional Court ruled that gross violations of human rights should be prosecuted in civilian courts, but the Colombian Army has regularly sought and succeeded in transferring such cases to military courts where they often languish indefinitely. The Committee notes that, in contrast, the Colombian National Police have moved aggressively to dismiss members who are implicated in human rights violations, corruption and drug trafficking. The administration's request includes funding for human rights, administration of justice, and peace related programs. The Committee supports these activities and has provided additional funding for them. However, the Colombian justice system is ineffective and corrupt, and scores of human rights investigators and prosecutors have fled the country on account of death threats. It will take years before the rule of law prevails in Colombia. Given the ongoing, widespread human rights problems in Colombia, the Committee believes that the substantial amounts of assistance for the Colombian Armed Forces provided for in this Act must be conditioned on the actual protection of human rights and punishment of individuals who violate human rights. The Committee has included such conditions, which are consistent with the pledges of Colombian officials. Additionally, the Committee directs the Secretary of State to submit a report to the appropriate congressional committees containing the following-- 1. A description of the extent to which the Colombian Armed Forces have suspended from duty any Colombian Armed Forces personnel who are credibly alleged to have committed gross violations of human rights, and the extent to which such personnel have been brought to justice in Colombia's civilian courts, including a description of the charges brought and the disposition of such cases. 2. An assessment of efforts made by the Colombian Armed Forces, National Police, and Attorney General to disband paramilitary groups, including the names of Colombian Armed Forces personnel brought to justice for aiding and abetting paramilitary groups and the names of paramilitary leaders and members who were indicted, arrested and prosecuted. 3. A description of the extent to which the Colombian Armed Forces cooperate with civilian authorities in investigating and prosecuting human rights violations allegedly committed by its personnel, including the number of such personnel being investigated for human rights violations who are suspended from duty. 4. A description of the extent to which attacks against human rights defenders, government prosecutors and investigators, and officials of the civilian judicial system in Colombia are being investigated and the alleged perpetrators brought to justice. 5. An estimate of the number of Colombian civilians displaced as a result of the ``push into southern Colombia,'' and actions taken to address the social and economic needs of these people. 6. A description of actions taken by the United States to promote and support a negotiated settlement of the conflict in Colombia. The report is to be submitted 60 days after the date of enactment of the Act, and every 180 days thereafter for the duration of the provision of resources administereed under this Act. The Committee has funded the following:

[In millions of dollars]

Budget request Committee recommendation

HUMAN RIGHTS: 4.0 4.0

\1\

Designates a combination of accounts.

REGIONAL ASSISTANCE

The Committee is concerned that the Administration has placed insufficient financial and political priority on addressing the problems of narcotics trafficking throughout the region. Production and trafficking patterns indicate that effective pressure on one region or country simply pushes the problem into neighboring areas. Recognizing the requirement for a comprehensive approach and solution, the Committee has substantially increased resources made available to Ecuador, Peru, and Bolivia and to other counter-narcotics partners in central and South America and the Carribean. In particular, the Committee commends the Bolivian government for its aggressive and successful coca eradication efforts. The State Department recently reported, ``exceeding the schedule of its own 5-year plan to eliminate illicit coca from Bolivia, in 1999 the Banzer Administration eradicated an unprecedented 16,999 hectares of coca, for a net reduction of 43 percent.'' The Committee has provided full funding of the Banzer government's request to complete this ambitious eradication and economic development strategy. The Committee directs that $12,000,000 be provided for the purchase of fast patrol boats for the Government of the Bahamas to assist them in their drug interdiction efforts. The Committee has funded the following:

[In millions of dollars]

Budget request Committee recommendation

REGIONAL ASSISTANCE: Bolivia: Interdiction 6 20 Alternative Development 12 100 Ecuador: Interdiction 6 13 Alternative Development 3 12 Peru: Interdiction 22 27 Alternative Development 15 15

CHILD SOLDIERS

The Committee recognizes the serious problem of child soldiers--engaged on all sides of the conflict in Colombia. Child soldiers continue to be used extensively not only by the military but by paramilitary and guerrilla groups as well. There are thousands of children under the age of 18 serving in Colombia's armed forces. Up to 50 percent of some paramilitary units are made up of children as young as eight. Colombia's three largest guerrilla groups all recruit children, with some militia units comprised of up to 85 percent children, many under age 15. The Committee instructs the Secretary of State to transfer $5,000,000 to the Department of Labor for the rehabilitation and demobilization of child soldiers. The Committee recognizes the important work on rehabilitating child soldiers being carried out in Colombia by non-government organizations including the Colombia Coalition to Stop the Use of Child Soldiers, Justapaz, Asoda, Ceda Vida, and Defense for Children International. The Committee urges the Department of Labor to work with these and similar groups to develop and fund programs providing counseling, education and reintegration services to former child soldiers. SMALL ARMS AND LIGHT WEAPONS

The Committee notes that the proliferation of small arms and light weapons in Colombia is a serious problem. Most of the weapons used by criminals, drug traffickers, narco-terrorists, and paramilitaries are recycled from previous conflicts or from existing military stockpiles in the region. The Committee therefore strongly recommends that the Department of State establish a registry of the serial numbers of all small arms and light weapons transferred or sold by the United States to Colombia under this Act. The Committee expects that the Government of Colombia will provide to the United States a corresponding registry of small arms and light weapons received under this Act by serial number, down to the company-grade level, updating as necessary. In conformity with Section 505a(2) and 505c(3) of the Foreign Assistance Act, the Government of Colombia is expected to maintain U.S. standards of stockpile security and that weapons transferred under this Act will be subject to post-delivery verification of end-use, and that the Departments of State and Defense will periodically review Colombia's stockpile security program to ensure that they meet U.S. standards, reporting any irregularities to the appropriate committees of Congress. The Committee strongly recommends that $2,665,000 be designated for the creation of a Small Arms and Light Weapons Destruction Initiative, to include Colombia, Venezuela, Peru, Bolivia, and Panama, to include the cantonment and destruction of small arms and light weapons, including those seized, surplus to defense needs and those acquired through buy-back or other turn-in programs, by means consistent with local labor, available technology, environmental regulations, and other relevant conditions. The Committee expects the Departments of State and Defense, in consultation with local governments, to promulgate guidelines for this initiative and provide technical assistance to assist with the implementation of this program, as necessary. GENERAL PROVISIONS--THIS CHAPTER

Sec. 6101. Human Rights Conditions on Assistance.

Sec. 6102. Report on U.S. Regional Strategy.

Sec. 6103. Sense of the Congress on Counter Narcotics Measures.

Sec. 6104. Report on Extradition of Narcotics Traffickers.

Sec. 6105. Prohibition on the use of herbicides.

Sec. 6106. Limitations on support for Plan Colombia and on the assignment of personnel. The Committee has included a general provision that limits the number of United States military personnel and civilian contractors that can be engaged in the program to provide assistance to Plan Colombia and requires the Administration to seek and receive Congressional approval before spending funds beyond those provided within this supplemental appropriations.

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