COLOMBIA
Foreign Operations Appropriations Bill for FY 2005 / Bill language

SEC. 556. (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.

(3) The balance of such funds may be obligated after July 31, 2005, 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, 2006, 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.

ANDEAN COUNTERDRUG INITIATIVE
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, $731,000,000, to remain available until September 30, 2007: Provided, That in fiscal year 2005, 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 none of the funds appropriated by this Act may be made available to support a Peruvian air interdiction program until the Secretary of State and Director of Central Intelligence certify to the Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 20, 2001 incident: 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 of the funds appropriated under this heading, not less than $264,600,000 shall be made available for alternative development/institution building, of which $237,000,000 shall be apportioned directly to the United States Agency for International Development, including $125,700,000 for assistance for Colombia: 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 $6,000,000 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 $6,000,000 shall be made available to the United States Agency for International Development for organizations and programs to protect human rights: Provided further, That 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 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 mixture is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and (2) the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment: 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, $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 available for assistance for the Bolivian military and police may be made available for such purposes only if the Bolivian military and police are respecting human rights and cooperating with civilian judicial authorities, and the Bolivian Government is prosecuting and punishing those responsible for violations of human rights: Provided further, That of the funds appropriated under this heading, not more than $16,285,000 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.

House Rpt.108-599 - FOREIGN OPERATIONS
Non binding report language

COLOMBIA

The Committee notes that the people of Colombia have shown a long-term resilience and tolerance for difficult and violent conditions, and the Committee supports the President of Colombia and the Colombian government's efforts to collect the additional resources needed to invest in the military, police, and social programs to restore order and to give Colombians better access to services.

The Committee notes the progress in coca eradication that the Andean Counterdrug Initiative has been able to achieve. Coca cultivation dropped 21 percent in Colombia in 2003, from 144,450 hectares in 2002 to 113,850 hectares in 2003. This decrease in Colombian cultivation has not been offset by increased production elsewhere; the Andean regional coca cultivation was reduced by 18 percent overall in 2003.

Plan Colombia was proposed and implemented as a 5-year program, and its objectives were to be met by the end of 2005. While many of its objectives have been met, the Committee is concerned that the level of resources provided by the United States Government to Colombia is increasing in 2005, including increased funding for a costly air bridge denial program. Therefore, the Committee anticipates a decrease in the President's budget request for 2006 for the Andean Counterdrug Initiative for Colombia.

AVAILABILITY OF ASSISTANCE
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 is supportive of the Colombian government in its attempts to provide security for the Colombian people and has provided these authorities in recognition that the narcotics industry is invariably linked to the terrorist groups, including the paramilitary organizations, in Colombia. As in prior years, the expanded authority is not a signal from the Committee for the United States to become more deeply involved in assisting the Colombian Armed Forces in fighting the terrorist groups, especially not at the expense of the counternarcotics programs, but to provide the means for more effective intelligence gathering and fusion, and to provide the flexibility to the Department of State when the distinction between counternarcotics and counterterrorism is not clear cut. 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.

INTERNALLY DISPLACED PERSONS
The Committee directs the Department of State to provide $5,000,000 to the Department of State's Bureau for Population, Refugees, and Migration (PRM) from funds made available under this heading to continue programs benefiting internally displaced persons programs in Colombia.

ALTERNATIVE DEVELOPMENT AND SECURITY 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. To date, communities receiving alternative development assistance have voluntarily manually eradicated over 16,500 hectares of coca. The Committee hopes USAID partners can continue building on their good working relationships with mayors and local leaders.
Additionally, the Committee recognizes that without public security and law enforcement, no level of alternative development funding by this Committee or the Colombian government can result in development that is sustainable. Additionally, the Committee is aware of the security threats facing program implementers on a daily basis. The Committee continues to support the so-called `carabinieros' police program for establishing law enforcement in rural and remote areas and encourages continuing United States assistance for the program. With assistance made available under this heading in prior years' appropriations acts, the Colombian National Police (CNP) have successfully re-established a presence in 158 municipality capitals that had no police presence as recently as August 2002.
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 expects the allocation of resources in 2005 and the 2006 request will reflect those priorities.

ANDEAN COUNTERDRUG INITIATIVE
The Committee recommends $731,000,000 for the Andean Counterdrug Initiative, an amount equal to the request and $4,313,000 above the 2004 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 $16,285,000 is recommended for administrative expenses for the Department of State and $4,500,000 for USAID. 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 appropriations act also be submitted to the Committees on Appropriations.
The Committee notes that the caps on personnel in Public Law 106-246, as amended by Public Law 107-115, remain applicable in 2005. The Committee has not recommended amending the caps as requested by the President, but notes that they are addressed in the Department of Defense authorization act, 2005.

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 includes a general provision from the 2004 appropriations Act 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.

ANTI-TERRORISM ASSISTANCE
The Committee recommends $111,000,000 for anti-terrorism assistance, an increase of $14,572,000 over the fiscal year 2004 enacted level. This program, run by the State Department's Diplomatic Security officials under the policy direction of the Coordinator for Counterterrorism, provides training and skills, technical assistance, and equipment to improve professionalism and capability in the War on Terrorism. Training is in areas such as crisis management, cyber terrorism, dignitary protection and kidnap intervention, border control, airport security, bomb detection, investigating terrorist financing, and response to incidents involving weapons of mass destruction. The recommended increase will allow for maintenance of all on-going programs, as well as new in-country training programs in Colombia, Malaysia, Kenya, the Philippines, and the Tri-border area of South America. In addition, funding is approved for the ATA Alumni Information and Coordination Network, and the Senior Policy Engagement Workshop. The Committee directs that the Department of State clearly identify the administrative costs for the program, and budget for such costs as a separate line item as part of the fiscal year 2006 budget justification material for this program.

Senate Rpt.108-346 - FOREIGN OPERATIONS - Non binding report language

COLOMBIA
The Committee reiterates its support for the efforts of Colombian President Uribe to tackle the threats of terrorism and narcotics in that country.

The Committee continues to support programs that bolster political and judicial reforms in Colombia, and that provide alternative development opportunities in rural areas.

The Committee includes language concerning the safety of chemical herbicide used in aerial fumigation programs in Colombia, and, as in previous years, requires the Secretary of State to certify that the herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws, and that it does not pose unreasonable risks or adverse effects to human health or the environment.

The Committee directs the Secretary of State to submit a report not later than 60 days after enactment of this Act describing progress in completing an objective study of the health and environmental effects of the fumigation, and expects the State Department to continue to work with relevant Colombian authorities to ensure that complaints of harm to health or licit crops caused by the fumigation program are objectively evaluated and fair compensation is promptly paid to meritorious claims.

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 International Committee of the Red Cross and the Office of the U.N. High Commissioner for Human Rights in Colombia regarding the conditions, prior to making a certification.

The Committee directs the Secretary of State to submit a report not later than 180 days after the date of enactment of this Act on aerial eradication and surveillance equipment procurement needs for ongoing counterdrug operations in Colombia, including additional aircraft requirements.

The Committee continues to support the League of Displaced Women of Bolivar, which works to provide food, medical care, shelter, and income opportunities for displaced women and children.

ANDEAN COUNTERDRUG INITIATIVE
Appropriations, 2004 $726,687,000
Budget estimate, 2005 731,000,000
Committee recommendation 731,000,000

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.

The Committee provides a total of $272,000,000 for alternative development/institution building programs under the ACI, $240,000,000 of which shall be apportioned directly to USAID, including $140,000,000 for Colombia. The Committee provides not less than $6,000,000 for judicial reform programs in Colombia which are administered by the Justice Department, and an additional $6,000,000 for USAID to support organizations and programs to protect human rights, including the Office of the U.N. High Commissioner for Human Rights in Colombia.

The Committee notes that the Foreign Operations Appropriations Act, 2004, included a provision that not less than $2,500,000 should be made available for assistance for the Colombian National Park Service. However, due to changed circumstances, including the replacement of the director of the Park Service, the Committee directs that these fiscal year 2004 funds be made available instead to USAID to support direct grants to NGOs that work with indigenous communities bordering the parks, to promote conservation of the parks. The Committee requests USAID to consult with the former director of the Park Service, and with the Committee, on the use of these funds.

The Committee recognizes the work of Mobile Medical International, an organization dedicated to improving the delivery of health care services in remote parts of the world. The Committee recommends that $1,000,000 from this heading be provided to support these efforts in the Andean Region, and supports additional funding for Mobil Medical from other accounts in this Act to further their activities in the Middle East.