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Last Updated:7/7/05
Relevant text of House and Senate versions of the 2006 Foreign Operations Appropriations Act (H.R. 3057, House Appropriations Committee Report 109-152, Senate Appropriations Committee Report 109-96)
Andean Counter-Drug Initiative
House bill language
Narrative from the House committee's report
Senate bill language
Narrative from the Senate committee's report
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, $734,500,000, to remain available until September 30, 2008: Provided, That in fiscal year 2006, 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, 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: Provided further, 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, That funds made available in this Act for demobilization/reintegration of members of foreign terrorist organizations in Colombia shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: 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 made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: 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 of the funds appropriated under this heading, not more than $19,015,000 may be available for administrative expenses of the Department of State, and not more than $7,800,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development. The Committee recommends $734,500,000 for the Andean Counterdrug Initiative, an amount equal to the request and $9,348,000 more than the 2005 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 $19,015,000 is recommended for administrative expenses for the Department of State and $7,500,000 for USAID.

The Committee rejects the Administration's requested 16 percent reduction for eradication, interdiction and alternative development programs in Peru and expects last year's level of funding to be provided through reductions in the air bridge denial program and the new air assets program for Colombia and Bolivia.

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 also be submitted to the Committees on Appropriations.

COLOMBIA

The Committee notes the successes of Plan Colombia and the measurable improvements that have resulted in the everyday lives of the Colombian people. Since the start of Plan Colombia, coca cultivation has been reduced by one-third, the Government of Colombia has increased its security and police forces by 11,000 people since 2000, and for the first time in Colombian history, there is a police presence in all municipalities of the country. The improved security situation of Colombia cannot be doubted as the number of violent crimes has fallen drastically in the last five years. This increased security coupled with strong economic growth is proof that United States assistance to Colombia has shown measurable results.

The Committee notes that Plan Colombia was proposed and implemented as a 6-year program, to be complete by the end of 2005, yet the Committee has not been consulted by the Administration on its follow-up program to Plan Colombia. Therefore, the Committee directs the Secretary of State, in consultation with the Secretary of Defense and the Administrator of USAID, to report to the Committee no later than 60 days after enactment of this Act on the future, multi-year strategy of the United States assistance program to Colombia. The Committee expects this strategy to include all aspects of current and future United States assistance and detailed explanations for how the Colombian government will assume responsibility for maintaining more of Plan Colombia's assets.

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 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.

The Committee is concerned about the many levels of bureaucratic approval needed before the State Department's air assets can be used for program support or rescue operations, which is hindering efficient operations and possibly endangering human welfare. Additionally, the Committee has held the longstanding view that the Colombian Government immediately should begin the process of assuming the operational and maintenance functions of Plan Colombia's assets. Therefore, the Committee directs the Secretary of State to report back to the Committee no later than 60 days after the enactment of this Act, what actions are being taken by the Departments of State and Defense to transfer responsibilities for programs funded in this Act currently being executed by United States contractors to Colombian nationals.

The Committee notes the increased cost of oil and fuel as a leading factor in higher operating costs of the Colombian counternarcotics program. The Committee also notes that Colombia is a net exporter of oil with revenues from oil approaching $4,500,000,000 annually. Given that United States foreign assistance is being used to safeguard the Colombian oil supplies and pipelines, including $17,300,000 in fiscal year 2006 to operate air assets protecting the Arauca pipeline, the Committee expects the Government of Colombia to offset some of these increased costs given the increased revenues the Government of Colombia has collected as the price of oil has risen. The Committee directs the Secretary of State to report back to the Committee no later than 90 days after enactment of this Act on levels of revenue the Government of Colombia is devoting to offsetting the increased fuel prices borne by the United States as a result of Plan Colombia.

The Committee notes that there are no funds in the fiscal year 2006 budget request for demobilization of paramilitaries. The Committee has retained language requiring consultation and notification before the obligation of funds for this purpose.

The Committee directs the Secretary of State to transfer $5,000,000 to the Department of State's Bureau for Population, Refugees, and Migration to continue programs benefiting internally displaced persons programs 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. 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 directs USAID to report back to the Committee no later than 60 days after enactment of this Act what detailed steps the Government of Colombia is taking to develop a comprehensive rural development strategy.

The Committee has not recommended funding for a new, fourth eradication team for Colombia because the President did not request this funding in fiscal year 2006 and due to the Committee's restrictive budgetary allocation relative to the President's request. The Committee notes that this recommendation is made without prejudice and is solely a result of pressures to fund other Presidential priorities.

PERU

The Committee is alarmed at the Administration's request for a 16 percent cut to eradication, interdiction and alternative development programs in Peru, especially at a time when there are reports of an upsurge in coca cultivation and new opium poppy cultivation in Peru. Therefore, the Committee directs that not less than $114,000,000 shall be available from funds under this heading for assistance for Peru, of which $61,000,000 shall be available for eradication and interdiction and $53,000,000 shall be available for alternative development and institution building. The Committee notes its support for `autoeradication', a pilot policy of voluntary eradication combined with the use of community development projects as an incentive for cooperation.

The Committee urges USAID to continue working with The Field Museum of Chicago on the Cordillera Azul National Park project in central Peru, an alternative community development and conservation education project that has already demonstrated effective use of ACI funds to prevent coca cultivation. The Committee directs that the balance of the grant, $1,398,000,000 in fiscal year 2006, be programmed over the remaining duration of the agreement to support community capacity building, education, land-use planning and zoning, park protection, and park maintenance.

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 again includes a general provision 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.

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, $734,500,000, to remain available until September 30, 2007: Provided, That in fiscal year 2006, 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, 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: Provided further, 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, That funds made available in this Act for demobilization/reintegration of members of foreign terrorist organizations in Colombia shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not more than $278,450,000 shall be made available for assistance for the Colombian Armed Forces and National Police: Provided further, That of the funds appropriated under this heading, not less than $149,757,000 shall be made available for alternative development/institution building in Colombia, which shall be apportioned directly to the United States Agency for International Development: Provided further, That with respect to funds apportioned to the United States Agency for International Development under the previous proviso, the responsibility for policy decisions for the use of such funds, including what activities will be funded and the amount of funds that will be provided for each of those activities, shall be the responsibility of the Administrator of the United States Agency for International Development in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs: Provided further, That of the funds appropriated under this heading, not less than $8,000,000 should be made available for judicial reform 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 $10,000,000 shall be made available to the United States Agency for International Development for organizations and programs to protect human rights: Provided further, 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 certifies to the Committees on Appropriations that: (1) the herbicide is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment including endemic species: 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, That of the funds appropriated under this heading, not less than $2,000,000 should be made available through nongovernmental organizations for programs to protect biodiversity and indigenous reserves in Colombia: Provided further, That funds appropriated by this Act may be used for aerial fumigation in Colombia's national parks or reserves only 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 made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: 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 funds appropriated under this heading that are made available for assistance for the Bolivian military may be made available for such purposes only if the Secretary of State certifies that the Bolivian military is respecting human rights, and civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights: Provided further, That of the funds appropriated under this heading, not more than $16,000,000 may be available for administrative expenses of the Department of State, and not more than $7,000,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development.
Appropriations, 2005 $725,152,000
Budget estimate, 2006 734,500,000
House allowance 734,500,000
Committee recommendation 734,500,000

The Committee recommends $734,500,000 for the ACI, an amount equal to the request.

The Committee remains committed to the goals of the ACI, to eliminate the cultivation and refining of cocaine and opium, and to reduce the flow of drugs to the United States. The Committee recommends the level of funding identified in the request for each country program: $80,000,000 for Bolivia, $6,000,000 for Brazil, $463,000,000 for Colombia, $20,000,000 for Ecuador, $4,500,000 for Panama, $97,000,000 for Peru, and $3,000,000 for Venezuela. Although the Committee recommends funding of $21,000,000 to sustain the Air Bridge Denial program, the State Department should consider these funds for consolidation under a single aviation operation and maintenance account, as referred to under the INCLE account.

The Committee provides no funding for the Critical Flight Safety Program. The State Department funds the acquisition, lease and operation and maintenance of aircraft by using country funds, interregional aviation support funds, and air bridge denial funds. The lack of oversight of contract costs and execution has resulted in annual price and program growth of more than ten percent from 2001-2006.

The Committee requires that all reprogramming of funds under this heading shall be subject to the same review and approval procedures by the State Department as apply to the reprogramming of ESF funds.

COLOMBIA

The Committee reaffirms its commitment to assist the efforts of Colombian President Uribe in destroying the threats of terrorism and narcotics in that country.

The Committee continues to support programs that bolster Colombian law enforcement, drug interdiction, and judicial capabilities. The Committee recommendation includes $90,000,000 for FMF for Colombia to provide operational support and specialized equipment.

The Committee is increasingly concerned, however, that the aerial eradication program is falling far short of predictions and that coca cultivation is shifting to new locations. Since the start of Plan Colombia, over 525,000 hectares of coca crops have been sprayed, yet coca cultivation has decreased by only 7 percent. Last year alone, 136,555 hectares were sprayed, but the total area under cultivation, estimated by the State Department at 114,000 hectares, remained essentially unchanged from the previous year. There is no indication that the quantity of cocaine entering the United States has decreased.

The Committee recommendation includes ACI funding for alternative development, humanitarian assistance, judicial reform, and protecting human rights.

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 appropriate congressional committees and the Office of the U.N. High Commissioner for Human Rights in Colombia regarding the conditions, prior to making a certification.

The Committee recommends $10,000,000 for programs to protect human rights, and expects to be consulted prior to any decision regarding the use of these funds.

The Committee is aware that Afro-Colombians face many difficult problems, including poverty and discrimination. The Committee recommends assistance to address the economic and social needs of Afro-Colombians, particularly IDPs in the Choco region, through the Afro-Latino Development Alliance.

The Committee directs the Secretary of State, in consultation with the EPA and appropriate Colombian authorities, to submit a report not later than 180 days after enactment of the Act, with the following information: the results of a GIS analysis of the proximity of small, shallow water bodies to coca and poppy fields and of tests to determine the toxicity of the spray mixture to Colombian amphibians; and, an assessment of potential impacts of the spray program on threatened species, including in Colombia's national parks.

SURVEILLANCE TECHNOLOGY

The Committee is aware of a computer surveillance technology shared by the State Department and the Drug Enforcement Administration that has proven useful to Plan Colombia. The Committee recommends that of the funds available for Plan Colombia, $5,000,000 be made available for technology related to the monitoring of web-based communications to combat extortion, kidnapping, narcotics trafficking, and terrorism in Colombia.

 

Colombia-specific human rights conditions
House bill language
Senate bill language
SEC. 556. (a) DETERMINATION AND CERTIFICATION REQUIRED- 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, 2006, 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, 2007, 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. 6056. (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.

(F) The Colombian Armed Forces are respecting the legal, cultural, and territorial rights of Colombia's indigenous communities.

(3) The balance of such funds may be obligated after July 31, 2006, 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 consult with the appropriate congressional committees and with the Office of the High Commissioner for Human Rights in Colombia regarding each of the conditions specified in paragraphs (2)(A) through (F) 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, 2007, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in subsection (a).

(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.

 

Visa denial for paramilitary supporters
House bill language
Senate bill language
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. 6057. (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.

 

Conditions for supporting demobilizations
House bill language
Senate bill language
Did not appear in House bill. DEMOBILIZATION OF FOREIGN TERRORIST ORGANIZATIONS

SEC. 6110. (a) CERTIFICATION- Funds appropriated by this Act that are available for assistance for Colombia may not be made available for demobilization/reintegration of any Colombian-based foreign terrorist organization (FTO) or its members, unless it is for limited activities that are determined by the Justice Department to be consistent with United States anti-terrorism laws, and the Secretary of State certifies to the Committees on Appropriations that:

(1) The Government of Colombia has not adopted any law or policy that is inconsistent with its obligations under the United States-Colombian treaty on extradition, and has continued to extradite Colombian citizens to the United States, including members and former members of such FTO's, in accordance with that treaty;

(2) The Colombian legal framework governing the demobilization/reintegration of such FTO or its members:

(A) provides for effective investigation, prosecution and punishment, in proportion to the crimes committed, of gross violations of humanitarian law and drug trafficking committed by members of such FTO's;

(B) conditions sentence reductions for each member of such FTO on a full and truthful confession of his involvement in criminal activity; full disclosure of his knowledge of the FTO's structure, financing sources, and illegal assets; and turnover of the totality of his illegal assets;

(C) conditions sentence reductions for each commander of such FTO on a cessation of illegal activity by the troops under his command and on the group's turnover of the totality of its illegal assets; and

(D) provides that members of such FTO will lose all sentence reductions under the law if they are subsequently found to have withheld illegal assets, lied to the authorities about their criminal activities in the group, rejoined the same or another FTO, or engaged in new illegal activities.

(3) An inter-agency working group consisting of representatives from the Drug Enforcement Administration, the Department of Justice, and the Departments of State and Defense has consulted with local and national Colombian law enforcement and military authorities, representatives from the Office of the United Nations High Commissioner for Human Rights in Colombia, and representatives of Colombian civil society organizations, and has independently concluded in a detailed report submitted to the Committees on Appropriations, based on the best information available to the interagency working group, that:

(A) the FTO is not violating any ceasefire and has ceased illegal activities, including narco-trafficking, extortion, and violations of international humanitarian law;

(B) the FTO's criminal and financial structure is being destroyed and the FTO, or any part thereof, is not regrouping to continue illegal activities;

(C) the Government of Colombia is conducting effective investigations and prosecutions of the commanders of the FTO's for crimes, including violations of international humanitarian law, attributable to them, and, when appropriate, extraditing them to the United States;

(D) the Government of Colombia is aggressively implementing an effective procedure to locate and confiscate illegal assets, held directly or through third parties, by the FTO and its members, such as land, laboratories, and other assets used for the cultivation, processing, and transportation of illegal narcotics; and

(E) the Government of Colombia is enforcing FTO ceasefires by barring individuals who are credibly accused of crimes in breach of any such ceasefire from receiving benefits for demobilization.

(b) CONSULTATIVE PROCESS- Prior to issuing any certification under this section, the Secretary of State shall consult with internationally recognized human rights organizations and the Office of the United Nations High Commissioner for Human Rights in Colombia regarding each of the conditions specified in this section.

(c) DEFINITIONS- In this section:

(1) ILLEGAL ASSETS- The term `illegal assets' means any and all assets that FTO's or their members possess either directly or through third parties, and that--

(A) were acquired through or as a result of criminal activity; or

(B) were in the past or are at present being used for criminal activities, including the production, processing, and trafficking of illicit narcotics.

(2) COMMANDER- The term `commander' means any person who formally or in practice commands or leads a substantial front or block of an FTO.

(3) FOREIGN TERRORIST ORGANIZATION- The term `Foreign Terrorist Organization' or `FTO' means any and all groups that were or are, as of the time of certification, on the Department of State's list of Foreign Terrorist Organizations, including the United Self-Defense Forces of Colombia (AUC), Revolutionary Armed Forces of Colombia (FARC), and the National Liberation Army (ELN).

 

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