No reporting requirement on DOD Counterdrug Programs

Unlike the previous two years, the FY 2003 National Defense Authorization Act did not include a requirement for a report on the Defense Department's use of counterdrug funds to assist foreign security forces. As a result, for FY 2002 there will be no publicly available report to Congress on DOD's use of counterdrug funds.

Transfer of Naval Vessels

The Foreign Relations Authorizations Act for 2003 authorized the transfer, by sale, to Mexico of a Newport class tank landing ship, the Frederick.

IMET Increase

The International Military Education and Training program has been on a steady rise since 2001, when its worldwide budget total stood at $55 million. The President's budget request for 2003 was for $80 million, and the Foreign Relations Authorizations Act for 2003 authorized the expenditure of $85 million.

National Security Assistance Strategy

In a follow-on to the Security Assistance Act of 2000, the Foreign Relations Authorizations Act for 2003 requires a continued National Security Assistance Strategy plan. Congress must be consulted about plan preparations by March 31, 2003.

As required by law (PL 106-280, Sec. 501) the plan must set forth a multi-year approach to security assistance programs. It must explain their fit within the overall U.S. national security strategy and with Defense Department programs, identify overall and country-specific security-assistance objectives, explain how resources will be allocated to meet those objectives, and explain how aid from various programs will be combined to meet objectives. The plan must cover assistance provided under three programs: Foreign Military Financing (FMF), International Military Education and Training (IMET), and Excess Defense Articles (EDA). Unlike the 2000 law, the 2003 version must also cover "similar programs of military training or other assistance to the military or security forces of a foreign country." (PL 107-228, Sec. 1501)

New Human Rights Report

The Foreign Assistance Act of 1961, as amended in 2000 (22 USC 2347g) requires that the Department of Defense track the careers of foreign military trainees that have participated in the International Military Education and Training (IMET) Program. This law was amended in the Foreign Relations Authorizations Act of FY 2003 (Sec. 549) to require a report on human rights violations committed by former IMET-funded trainees. By March 1st of each year the Secretary of State must provide the Speaker of the House and the Senate Foreign Relations Committee a report describing any human rights violations committed by foreign military personnel who have received U.S. military education and training. The report will be unclassified with a classified annex.

The Defense Department maintains the existing tracking database. However, the new law requires State to report to Congress on violations committed by former trainees. The law allows the Secretary of State to request from the Secretary of Defense information from the database. If a trainee is found to have committed a human rights violation, the Defense Department must then update its database to reflect this information.

Report on Reform Activities in Colombia

By April 1 of each year, the Foreign Relations Authorization Act of 2003 (Sec. 694) requires the Secretary of State to produce a report for Congress on the activities of the Departments of State and Defense in Colombia. The report must include alternative development, the recovery and resettlement of internally displaced persons, judicial reform, the peace process and human rights.

Report on Counternarcotics Contractors in Colombia

The Foreign Relations Authorizations Act of 2003 (Sec. 694) mandates a report by April 1 of each year on U.S. businesses that have entered into contracts with the State Department or Defense Department to carry out counterdrug activities in Colombia. The report, further detailed in law, is based on the following policy declaration included in this section:

"It is the policy of the United States to encourage the transfer of counternarcotics activities carried out in Colombia by United States businesses that have entered into agreements with the Department or the Department of Defense to conduct such activities, to Colombian nationals, in particular personnel of the Colombian antinarcotics police, when properly qualified personnel are available."

U.S. Counterdrug Activities in Colombia

150 days after the enactment of the Foreign Relations Authorization Act of 2003 (sec. 695), the Secretary of State must provide to Congress "a statement of policy and comprehensive strategy for United States activities in Colombia related to (1) the eradication of all opium cultivation at its source in Colombia; and (2) the impact of Plan Colombia on Ecuador and the other adjacent countries to Colombia."

Drug Certification

The Foreign Relations Authorization Act of 2003 (Sec. 706) made a permanent modification to the annual drug certification process. It overrides the required suspension of funds for countries judged to be failing to act to eliminate narcotics production or trafficking. It also applies a new standard for certification.

The President is still required to produce the annual "majors list" of countries consider to be major producers or transit points for drugs. If a country is on the "majors list" and is considered not to be fulfilling its counter-drug obligations under international law, U.S. aid is to be suspended. The new standard being applied is that countries' performance be reviewed based on an international standard, instead of the United States' expectations for that particular country.. A national interest waiver can lift penalties for countries found to be failing to comply with international agreements.