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.
|