Colombia: Plan Colombia Legislation and Assistance (FY2000-FY2001)

Order Code RL30541

CRS Report for Congress

Received through the CRS Web

Colombia: Plan Colombia Legislation and

Assistance (FY2000-FY2001)

Updated July 5, 2001

name redacted

Specialist in International Security Affairs

Foreign Affairs, Defense, and Trade Division

Congressional Research Service ˜ The Library of Congress

Colombia: U.S. Assistance and Current Legislation

Summary

On February 7, 2000, the Clinton Administration, as part of its annual budget

request, asked Congress for FY2000 supplemental appropriations of $954 million for

assistance to Colombia and other Andean counternarcotics efforts. FY2000 allocated

funding for Colombia, from appropriations made in 1999, already totals some $164.0

million. At the same time, the Administration requested $318 million for FY2001

assistance to Colombia and other regional efforts, in addition to the $150 million that

it previously indicated it had planned to allocate to Colombia in FY2001.

The Clinton Administration’s “Plan Colombia” program, as it became known,

was intended to substantially increase the assistance provided to Colombia. The

proposal’s centerpiece was funding for the “Push into Southern Colombia” program,

which would include training and equipping two new army CN battalions, and

providing funding to purchase new and sustain existing Blackhawk and Huey

helicopters to transport them. Other assistance was included for interdiction,

resettlement of displaced persons, economic development, and programs to improve

Colombian National Police (CNP) eradication capabilities and to support human rights

monitors, improve the justice system and strengthen the rule of law.

The 106th Congress commenced action on the request on March 9, 2000, when

the House Appropriations Committee approved an emergency supplemental

appropriations bill (H.R. 3908, H.Rept. 106-521) that included some $1.4 billion in

funding for FY2000 and FY2001 counternarcotics efforts in Colombia, its neighbors,

and other parts of Latin America and the Caribbean. On March 30, the House

approved that amount, placing conditions on the military assistance. On May 9, the

Senate Appropriations Committee included $1.1 billion in FY2000 emergency

supplemental Plan Colombia funding in its FY2001 Military Construction (S. 2521)

and Foreign Operations (S. 2522) bills, placing extensive conditions on the assistance

in both bills. These three measures were dealt with in the conference on the military

construction appropriations bill (H.R. 4425, H.Rept. 106-710) with some $1.3 billion

in emergency supplemental appropriations for Plan Colombia. As approved and

signed into law (P.L. 106-246) on July 13, the bill included five human rights and two

other conditions on aid to Colombia. Certification that these conditions had been met

was required before the obligation of FY2000 and FY2001 funds, but the President

could waive them on national security grounds. President Clinton waived six of the

seven certification criteria on August 22, 2000, and he determined a second

certification was not required on January 19, 2001, but submitted a report on progress

regarding certification criteria.

On April 9, 2001, the Bush Administration requested $731 million in FY2002

funding for a broader regional strategy called the Andean Counterdrug Initiative that

would include funding from the International Narcotics Control account (INC) for not

only Colombia, but also Bolivia, Brazil, Ecuador, Panama, Peru, and Venezuela. In

later references, the Bush Administration included other funding for those countries

in a Andean Regional Initiative. As a result, total funding for the regional initiative,

including the ACI, now stands at some $882.29 million.

Contents

U.S. Assistance to Colombia: Pre-Plan Colombia . . . . . . . . . . . . . . . . . . . . . . . 2

Plan Colombia Proposals and Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

The Clinton Administration’s “Plan Colombia” Proposal . . . . . . . . . . . . . . 6

“Plan Colombia” Action in the 106th Congress . . . . . . . . . . . . . . . . . . . . . . 6

House Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Senate Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Senate Conditions on Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Senate Action on S. 2522 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

“Plan Colombia” Enacted by the 106th Congress . . . . . . . . . . . . . . . . . . . . . . . 11

Conference Action on “Plan Colombia” Aid/H.R. 4425, P.L. 106-246 . . . 11

Conditions Placed on Plan Colombia Assistance . . . . . . . . . . . . . . . . . . . 12

Limitation on Use of Helicopters . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Personnel Caps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Funding Cap on Department of Defense Assistance . . . . . . . . . . . . . 12

Limitations on Use of Department of Defense Assistance . . . . . . . . . 12

Restriction on Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Population Planning Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Overall Limitation on Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Plan Colombia Certification and Reporting Requirements, and

Clinton Administration Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Initial Reports on the Proposed Uses of Funds . . . . . . . . . . . . . . . . . 13

Initial Human Rights Certifications and Subsequent Reports . . . . . . . 14

Initial Certification on Colombian Drug Strategy . . . . . . . . . . . . . . . 15

Initial Certification of U.S. Support for Negotiated Settlement,

and Subsequent Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Initial Certification Regarding Preparedness Effects and the Uses

of Equipment and Materiel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Initial Report on Department of Defense Contracts . . . . . . . . . . . . . . 16

Reports on Private Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Report on U.S. Regional Counternarcotics Strategy . . . . . . . . . . . . . 17

Report on the Effects of Herbicides . . . . . . . . . . . . . . . . . . . . . . . . . 17

Report on Status of Requested Extraditions . . . . . . . . . . . . . . . . . . . 17

Report on Costs of Support for Plan Colombia . . . . . . . . . . . . . . . . . 18

Report on Presence of Military Personnel and Contractors If

Specified Caps are Exceeded . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Provisions of Other Legislation in the 106th Congress . . . . . . . . . . . . . . . . 18

Provisions of the FY2001 National Defense Authorization Act

(P.L. 106-398, H.R. 4205/H.R. 5408) . . . . . . . . . . . . . . . . . . . 18

Provisions of the “Leahy Amendments” . . . . . . . . . . . . . . . . . . . . . . 19

106th Congressional Funding Action After Plan Colombia Approval . . . . . 20

“On-the-Ground” Receipt of Plan Colombia Assistance . . . . . . . . . . . . . . 20

Delivery of Assistance to Army and Police Forces . . . . . . . . . . . . . . 20

Commitment of Plan Colombia Funds . . . . . . . . . . . . . . . . . . . . . . . . 21

The Bush Administration’s Andean Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . 25

Congressional Hearings on Colombia and Related Issues in 2000 . . . . . . . 37

List of Tables

Table 1. U.S. Assistance to Colombia, FY1999-FY2001 . . . . . . . . . . . . . . . . . . 5

Table 2. Overview of Plan Colombia Funding for Colombia and Status

of Commitment* of Funds Provided in the State Department Sections of

P.L. 106-246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Table 3. President Bush’s Andean Regional Initiative (ARI), incorporating

the Andean Counterdrug Initiative (ACI) . . . . . . . . . . . . . . . . . . . . . . . . . 26

Table 4. Comparative Chart of Plan Colombia Legislation . . . . . . . . . . . . . . . . 27

Table 5. Comparison of Salient Legislative Provisions Regarding Colombia . . 30

Table 6. U.S. Aid to Colombia FY1989-FY1998 . . . . . . . . . . . . . . . . . . . . . . 35

Colombia: U.S. Assistance and

Current Legislation

In June 2000, the 106th Congress approved some $1.3 billion in emergency

supplemental appropriations to assist counternarcotics efforts in Colombia and

neighboring countries. Attached to the FY2001 Military Construction Appropriations

bill (H.R. 4425, P.L. 106-246), the “Plan Colombia” package provided some $860.2

million (67%) for Colombia, considerably less than the $1,020.6 million that was

requested by the President in February, with cuts primarily in alternative development,

voluntary eradication, ground-based radar, riverine program, and governance

accounts, as well as in environmental programs. However, the bill also more than

tripled the funding for human rights. With an appropriation of $180.0 million (14%)

for Colombia’s neighbors and other countries in Latin America and the Caribbean,

Congress more than doubled the $76.0 million requested for them. Congress also

provided $248.8 million (19%) for the programs of U.S. agencies related to Colombia

and counternarcotics efforts in the region. On June 29, the House passed the

conference report (H.Rept. 106-710); the Senate passed it on June 30. Conditions

were placed on the assistance provided through the State Department (but not

through the Department of Defense), but most could be waived by the President, who

signed the bill into law (P.L.106-246) on July 13. On August 22, the President

waived six of the seven certification criteria, after the Secretary of State found that

Colombia met only one criterion.

This report provides an overview of U.S. assistance before the Plan Colombia

proposal, describes the Clinton Administration Plan Colombia proposal, and tracks

Congressional action on it. It also covers the Bush Administration’s Andean Regional

Initiative (ARI), which incorporated the Bush Administration’s Andean Counterdrug

Initiative (ACI). Table 3 provides a breakdown of the ARI by country, purpose, and

account. Table 1 provides an overview of U.S. assistance from FY1999-FY2001,

and Table 2 provides an overview of Plan Colombia funding for Colombia and the

Status of the commitment of funds provided in the State Department sections of P.L.

106-246, as of the spring of 2001. Tables 4 and 5 compare in detail the Clinton

Administration’s Plan Colombia proposal with House, Senate, and conference action

on it, and Table 6 charts U.S. assistance from FY1989-FY1998. Discussion of

conference action includes a list of certification and reporting requirements, and

Clinton Administration responses. For additional information, see CRS Report

RL30330, Colombia: Conditions and U.S. Policy Options; and CRS Report

RS20494, Ecuador: International Narcotics Control Issues. For more details and

Congressional action on President Bush’s Andean Regional Initiative, see CRS Report

RL31016, Andean Regional Initiative (ARI): FY2002 Assistance for Colombia and

Neighbors.

CRS-2

U.S. Assistance to Colombia: Pre-Plan Colombia

U.S. assistance to Colombia, virtually all of it related to counternarcotics efforts,

has increased steadily since FY1995 (see Tables 1 and 6). The United States has

provided equipment, supplies, and other aid for the counternarcotics efforts, initially

largely to the Colombian National Police (CNP), but recently increasingly to the

Colombian military. As of FY2000, more is being provided to the military. Most of

the funding has supported the tracking, interdiction and arrest of traffickers, the

destruction of laboratories, and eradication efforts. Of pre-Plan Colombia assistance,

a small amount supported reforms to the judicial system, and alternative development.

This amount was increased greatly in the Plan Colombia legislation.

The State Department Bureau of International Narcotics and Law Enforcement

(INL) has been the primary agency in counternarcotics efforts. INL runs the air wing

which supplies aircraft for the narcotics crop eradication program in South America,

in which Colombia is a major participant. INL also coordinates the activities of other

civilian agencies, such as the Drug Enforcement Administration (DEA), the Agency

for International Development, and the Federal Bureau of Investigation (FBI),

providing them with funds from the State Department’s International Narcotics

Control (INC) account. These agencies have worked with Colombia’s judicial system

to improve law enforcement capabilities, criminal justice procedures, and the

accessibility and fairness of the justice system. They also have assisted Colombia’s

eradication and interdiction efforts.

The Department of Defense (DOD) also has been a major source of funding and

support for Colombian counternarcotics efforts, mainly through programs which are

not considered “traditional foreign aid” programs.1 Under defense legislation, DOD

provides support for efforts to detect and monitor illicit narcotics operations,

principally the maintenance of five radar sites in Colombia. DOD also conducts

surveillance overflights from locations outside Colombia. During 1999, DOD helped

establish, train and equip the first special Colombian Army counternarcotics battalion

(CACB) of some 950 troops, which commenced operations towards the end of that

year.2 The battalion was set up to conduct its own CN missions, as well as to provide

1

2

Information in this section was provided by various DOD officials in 1998 and 1999.

Section 1004 of the National Defense Authorization Act for FY1991 (P.L. 101-510), as

amended in 1992 and extended through FY2002, authorizes DOD to extend support at the

request of foreign law enforcement agencies for counternarcotics purposes. This can include:

transportation of personnel; the establishment and running of bases for operations and of

training facilities; CN related training of law enforcement personnel; detection, monitoring and

communication of air and sea traffic; conduct of aerial and ground reconnaissance; and

provision of intelligence analysis services. Title 10 U.S.C. Section 124 designates DOD the

lead U.S. agency in CN detection and monitoring, and funds under this section support U.S.

run radar and other programs to detect and monitor drug trafficking. Training takes place

under a variety of DOD programs. In a program for U.S. special operations forces, some

troops train in CN techniques with Colombian military personnel under the Joint Combined

Exchange Training Program (10 U.S.C. 2011). [For information about this program, see

CRS Report RL30034, Joint Combined Exchange Training (JCET) and Human Rights:

(continued...)

CRS-3

security for the police counternarcotics forces in their operations. DOD also sponsors

a riverine CN program, training personnel of the Colombian Navy and Marines to

control narcotics trafficking along Colombia’s extensive network of rivers.3 The

numbers of U.S. uniformed military personnel assisting in these efforts has varied in

the low hundreds.

The U.S. military and other agencies also have provided other support to the

Colombian military and police. Through Section 506 (a) of the Foreign Assistance Act

of 1961, as amended, DOD and other agencies (see Tables 1 and 6) have provided

substantial amounts of equipment to the Colombian military and police.4 In addition,

the United States has funded the construction of the Joint Intelligence Center (JIC)

at Tres Esquinas in southwest Colombia to strengthen police and military intelligence

gathering and analysis capabilities, and to encourage them to share intelligence.

Many of the critics of military assistance have argued that although the aid is

provided for counternarcotics purposes, it can be used to further counterinsurgency

efforts. News reports in the summer of 1998 alleged that the United States had

provided covert assistance to the Colombian military for counternarcotics and

counterinsurgency operations, including the participation of active duty military

personnel and private contractors.5 At the same time, the press reported the presence

of U.S. special operations forces who were training with Colombian military units

under the Joint Combined Exchange Training program (U.S.C. Title 10, Section

2011),6 which some interpreted as providing de facto counterinsurgency aid.

Although the Clinton Administration denied that the United States was providing

counterinsurgency assistance, analysts acknowledged that some types of U.S.

counternarcotics training provide lessons that can also be applied to

counterinsurgency operations. The Clinton Administration had also held that

assistance provided to police and military forces in operations targeted at guerrilla

2

(...continued)

Background and Issues for Congress.] However, training is also done under Section 1004

authorities and funding.

3

Section 1033 of the 1998 National Defense Authorization Act (P.L. 105-85) is a multi-year

counter-drug authorization (used principally in Colombia before Plan Colombia for a

“riverine” program to interdict drug trafficking on rivers) for the provision of specified nonlethal equipment, the transfer of riverine patrol boats, and the maintenance and repair of

counter-drug equipment.

4

Under Section 506 of the Foreign Assistance Act of 1961 (as amended) “drawdown”

authority, the President may provide distribute DOD stock items, defense services, and

military education and training for unforseen emergency circumstances.

5

Tod Robberson. U.S. Launches Covert Program To Aid Colombia. Dallas Morning News.

August 19, 1998.

6

Dana Priest and Douglas Farah. U.S. Force Training Troops in Colombia. The Washington

Post. May 25, 1998; Diana Jean Schemo and Tim Golden. U.S. To Increase Support for

Colombian Army Units. The New York Times. June 2, 1998. Also see CRS Report

RL30034, Joint Combined Exchange Training (JCET) and Human Rights: Background and

Issues for Congress, January 26, 1999.

CRS-4

drug production or protection activities fit within the definition of counternarcotics

aid. In March 1999, however, the Clinton Administration expanded the conditions

under which it provided intelligence to Colombian security forces, routinely providing

a Colombian police-military Joint Task Force with intelligence information related to

the guerrillas. Although the United States provided the information to assist with

counternarcotics operations, the General Accounting Office reported that the U.S.

Embassy in Colombia did not have a system to ensure that the information was used

only for counternarcotics purposes.7

7

U.S. General Accounting Office. Drug Control: Narcotics Threat from Colombia

Continues to Grow. GAO/NSIAD-99-136. June 1999. p. 21.

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Table 1. U.S. Assistance to Colombia, FY1999-FY2001

(Obligations and authorizations, $ millions)

Category of Foreign Aid or Other Assistance to Colombian Programs

FY1999

State Department/INC accounta

State Department INC Air Wing

Agency for International Development (AID)b

International Military Education and Training (IMET)

Foreign Military Financing/Grant

Administration of Justice (AOJ)

Department of Defense/Section 1004

Department of Defense/Overlapping Sections 1004/124

Department of Defense/Section 1033 account or projects funded under

Section 1033-type authority

Department of Defense/Section 506 Drawdown authorized

Other Section 506 Drawdown (i.e., Departments of Transportation, Justice,

State, and the Treasury) authorized

TOTALS

205.9

375.3

163.7

Related Spending: Department of Defense/ Section 124

14.4

11.1

30.0

13.3

0.9

–c

1.8

35.9

1.4

13.5

Plan Colombia

Supplemental

(P.L. 106-246)

FY2000

FY2000

Regular

Approps.

50.0

48.0

768.5

31.3

4.0

0.9

–

–

68.7

1.6

7.2

58.1

14.5

Plan Colombia

Supplemental

(P.L. 106-246)

FY2001

FY2001

Regular

Approps.

4.5

6.0

17.4

None

28.0

4.0

1.0

–

–

49.8

1.8

8.1

101.2

0.0

13.0

None thus far

796.4

140.7

13.0

14.4

960.1

114.2

254.9

0.0

Sources: General Accounting Office (GAO -01-26), Department of State, Congressional Budget Justification for Foreign Operations for FY2001; U.S. Agency for International Development Budget

Justification for FY2001, Annex IV; and information provided by Department of State and Department of Defense officials. This chart includes direct U.S. foreign assistance (i.e., the categories usually

counted as U.S. foreign aid, which are in italics), as well as the costs of goods and services provided to Colombia from other U.S. government programs supporting counternarcotics efforts in Colombia.

The United States also provides a small amount of DOD Excess Defense Articles (EDA) to Colombia. Other funds are spent in Colombia on counternarcotics and other activities that are considered

part of U.S. programs: for instance, the Drug Enforcement Administration (DEA) spends its own funds on joint operations in Colombia. Figures on FY2000 and FY2001 State Department INC funding

provided January 10-11, 2001. Figures on DOD Sections 1004, 124, 1004/124, and 1033 funding provided June 29, 2001; some $10.9 million of funds in the DOD accounts was planned for an FY2001

obligation, but as of July 5, 2001 had not actually been obligated.

* DOD Sections 124, 1004, and 1033 funding is taken from regional accounts and the tentative allocations for Colombia can be shifted to respond to developing needs in other areas. (Section 124 covers

U.S. operated radar systems in Colombia and elsewhere, and other costs of U.S. detection and monitoring of drug flights.)

a

For FY1999, includes $173.2 million in Congressionally-mandated supplemental appropriations funding for helicopters, helicopter and aircraft upgrades, radar, and police assistance. FY2000 non-DOD

Plan Colombia supplemental funds were all assigned to the State Department INC account; the State Department is transferring them to the other agencies carrying out programs in Colombia

with those funds.

b

The AID FY1999 figure includes $10.0 million in disaster relief funding and $3.0 million in Economic Support Funds (ESF). AID pipeline funding of $5.0 million in development funding authorized

in previous years was expended in FY1999. The AID FY2000 and FY2001 figures are all ESF. These AID figures do not include funds provided to AID from the INC account.

c

FMF pipeline funding of $13 million authorized prior to FY1995 and funding available from the FY1995 FMF authorization was intended to be expended from mid-FY1997 through FY1999.

CRS-6

Plan Colombia Proposals and Legislation

The Clinton Administration’s “Plan Colombia” Proposal

As presented to the 106th Congress, initially on January 11, 2000, and then with

the annual budget request on February 7, 2000, the Clinton Administration aid

proposal to support the Colombian government’s “Plan Colombia” contained over

$954 million in supplemental FY2000 funding and over $318 million for FY2001

spending. (This was in addition to about $150 million allocated and planned for

existing programs in each fiscal year.) The proposal’s centerpiece was the “Push into

Southern Colombia” program, which was intended to enable the Colombian

government to extend CN activities throughout southern Colombia. There, coca

cultivation was expanding rapidly throughout areas where the Colombian guerrillas

have operated. The core of the Southern Colombia program included training and

equipping two new army CN battalions, and purchasing Blackhawk and Huey

helicopters to transport them. According to DOD sources, the two new battalions

could complete training for operations within seven months of the date funding was

approved; the Black Hawk helicopters requested for their transportation could be

provided, and pilots trained to operate them, about 18 months from the funding date.

Total funding for the Southern Colombia (SC) program requested by the

Administration was $512 million in FY2000 and $88 million in FY2001. Of this, AID

would receive $31 million to resettle and fund alternative economic opportunities for

peasants who would be deprived of their livelihood by operations in Southern

Colombia. The remaining proposed assistance, to be administered by six agencies, was

divided into five other categories: (1) drug trafficking interdiction, (2) improving

CNP eradication capabilities, (3) economic development, (4) “boosting government

capacity,” i.e., funding to support human rights monitors and improve the justice

system and the rule of law; and (5) other economic assistance and assistance for the

peace process.

According to Administration sources, the Push into Southern Colombia program

was the first part of a planned six-year counternarcotics effort. In testimony before

the House Armed Services Committee on March 23, 2000, Gen Charles E. Wilhelm,

Commander in Chief of the U.S. Southern Command, outlined a six-year plan for

attacking the cultivation and production of illegal narcotics. He testified that the

efforts in Southern Colombia are the first phase of a three phase counternarcotics plan

of the Colombian security forces. In the second two-year phase, efforts would be

concentrated on the Meta and Guaviare provinces to the east. The third two-year

phase would “move to the north to Santander and other provinces.” At the same

hearing, Rand Beers, the Assistance Secretary of State for International Narcotics and

Law Enforcement Affairs, stated that “we can reasonably expect to have a serious

look at success in four to six years.” Other Administration witnesses, in other

hearings, have stated that it would take one to two years for the program to show

results.

“Plan Colombia” Action in the 106th Congress

House Action. On March 9, 2000, the House Appropriations Committee

approved an emergency supplemental appropriations act (H.R. 3908, reported March

CRS-7

14, H.Rept. 106-521), that included some $1.418 billion in funding for FY2000 and

FY2001 counternarcotics efforts in Colombia, its neighbors, and other parts of Latin

America and the Caribbean. (This was out of a total of $1.7 billion in the bill for

counternarcotics purposes; the other $282 million is for a domestic program.) This

amounted to about $146 million more than the Administration included for such

purposes. This figure included, however, funds for items that were not included in

the President’s calculation and that it was anticipated would have been addressed

elsewhere in FY2001 appropriations, i.e., almost $79 million more for DOD military

construction funding for the Aruba and Curaçao Forward Operating locations (FOLs)

in FY2000 and FY2001, and for the Ecuador FOL in FY2001.

Among the House Appropriations Committee’s increases over the President’s

proposal were: $42 million more for alternative development activities in Bolivia,

Peru, and Ecuador; $19 million more for interdiction efforts in Bolivia, Peru, Ecuador,

and other countries; $25 million more for U.S. classified activities; and $10.5 million

more for U.S. Drug Enforcement Administration (DEA) programs directly related to

the Andean region. The committee reallocated $26 million for two Blackhawk

helicopters from support for the Colombian Army Counternarcotics Battalions

(CACBs) to support for the Colombian National Police (CNP). Among the decreases

were almost $20 million less for the CACBs (in addition to the reallocation of

Blackhawks), and $11 million less for riverine interdiction programs. (See Table 4

for a breakdown of the funding.)

The House Appropriations Committee passed two amendments to the

mark-up bill dealing with illegal rightist “self-defense” groups. One was a sense of the

Congress resolution that the Secretary of State “should immediately” place the United

Self-Defense Forces of Colombia (AUC) on the list of foreign terrorist organizations.

The other provided that any helicopter provided to the Colombia army should be

returned to the United States if it is used “to aid or abet the operations of an illegal

self-defense group or security cooperative...”

On March 30, the House approved the same funding levels in its action on the

bill. The House rejected three amendments to cut counternarcotics funding. These

were:

! the Ramstad amendment (rejected 158-262) to delete all $1.7

billion of counternarcotics funding in the bill;

! the Pelosi amendment ( rejected by voice vote) to cut $51 million

from DOD funding, i.e., the amount allocated for the DOD

contribution to the Push into Southern Colombia initiative; and

! the Paul amendment (rejected 45-367) to cut counternarcotics and

other Kosovo and East Timor funding.

It also rejected, 186-239, the Obey Amendment to cut $551 million in military

funding, but to provide an expedited procedure for its consideration in July.

The House approved, 380-39, the Gilman/Goss/Delahunt/Farr amendment

which would condition the funding, but included a provision for the President to

waive those conditions if “required by extraordinary circumstances.” The amendment

also allocated $2 million for specific human rights purposes, including U.S.

monitoring of the armed forces, guerrillas, and paramilitary groups, and prohibited

CRS-8

the State Department from issuing a visa to any person who was “credibly alleged to

have provided direct or indirect support for the Revolutionary Armed Forces of

Colombia (FARC), the National Liberation Army (ELN), or the United Colombian

Self-Defense organization (AUC), including conspiracy to allow, facilitate, or

promote the illegal activities of such groups.” The visa prohibition could be waived

deemed “in the national interest.”

The House also approved by voice vote the Sawyer amendment to earmark $50

million for assistance to displaced persons; the House Appropriations Committee

version of the bill had allocated $24.5 million to assist currently displaced persons.

The House acted on two similar Taylor amendments. The first was ruled out

of order because it would have affected existing legislation in an appropriations, rather

than an authorization act. That amendment would have limited the total number of

U.S. troops in Colombia at any one time to 300, excepting those present on an

emergency rescue mission or stationed as attaches or with the Marine guard at the

U.S. Embassy. The second, approved by voice vote, would limit to 300 the number

of U.S. military personnel that could be supported by funds appropriated by the bill.

On May 10, the House Armed Services Committee approved conditions on the

deployment of U.S. troops to Colombia as it reported its version of the FY2001

National Defense Authorization bill, H.R. 4205. Section 1204 would limit to 500 the

number of U.S. troops that could be deployed there at any one time, except for

diplomatic and emergency purposes. The Senate FY2001 authorization bill, S. 2549,

did not contain such a limitation.

Senate Action. On May 9, the Senate Appropriations Committee included

Plan Colombia funding in its versions of the FY2001 Military Construction (S. 2521,

S.Rept. 106-290) and FY2001 Foreign Operations (S. 2522, S.Rept. 106-291)

appropriations bills, reported that day. Funding in these bills for the Plan Colombia

items requested by the Administration and/or approved by the House in H.R. 3908

would total some $1,138.0 million in FY2000 emergency supplemental funds. The

greatest difference between the Senate Appropriations Committee action and H.R.

3908 was the elimination of the $388 million that the House provided for the

acquisition of 30 Blackhawk helicopters. Instead, the Senate Appropriations

Committee approved $118.5 million for the acquisition of 60 Huey II helicopters for

the use of Colombian Army Counternarcotics Battalions.

(The military construction bill also included additional counternarcotics items

that could be considered as related to Plan Colombia. These were $30 million to

replace an a reconnaissance aircraft that crashed in Colombia in 1999, and $44 million

for Coast Guard procurement previously authorized in Section 812(b) of the Western

Hemisphere Drug Elimination Act as contained in P.L. 105-277. A total of $74.9

million was included in S. 2521 for Coast Guard drug interdiction activities.)

The Military Construction bill (S. 2521) would provide $85.7 million in FY2000

emergency funding for DOD support of Colombian Army counternarcotics battalions,

and for other support for Colombian and U.S. counternarcotics efforts. It also would

provided $116.5 million for the construction of Forward Operating Locations in

Ecuador, and Aruba/Curacao. The Foreign Operations bill (S. 2522) would provide

CRS-9

$934.1 million, also in FY2000 emergency funding, in support for the Colombian

Army Counternarcotics Battalions (CACBs) and other activities. No FY2001 funding

was included under the Plan Colombia categories in either of the bills, although the

bill seems to indicate that the funding can be used in either fiscal year. (See Table 4

for a breakdown of the funding.) On May 18, the full Senate approved S. 2521, with

funding and conditions for Plan Colombia unchanged. (S. 2521 was then

incorporated as a substitute amendment into H.R. 4425, the House version of the bill

which contained no Plan Colombia funding, and the Senate passed its amended

version of H.R. 4425 in lieu of S. 2521.)

Senate Conditions on Assistance. The Military Construction bill limited

the amount of funding that could be provided to the government of Colombia in

support for its counternarcotics programs to $45 million.

The Senate appropriations committee version of the Foreign Operations bill

placed extensive conditions on funding. These included:

!

a requirement for the trial by civilian courts of Colombian military

personnel credibly alleged to be guilty of gross violations of human

rights, and their suspension from duty pending trial for such offenses

or if they have been credibly alleged to have assisted paramilitary

groups, and the full cooperation of the Colombian Armed Forces

with civilian authorities in investigating, prosecuting and punishing

such personnel (Section 6101). To obligate funds for FY2000 and

FY2001, the Secretary of State must first certify that these

conditions have been met, and that the government of Colombia is

vigorously prosecuting leaders and members of the paramilitaries;

!

a prohibition on the use of funds to support aerial herbicide spraying

unless the Surgeon General reports to the appropriate congressional

committees that the herbicide is safe and nontoxic to human health,

and the Environmental Protection Agency reports that it does not

contaminate water or leach in soil (Section 6105);

!

a limit of 250 on the number of U.S. military personnel that could be

assigned to temporary or permanent duty in Colombia (exclusive of

those assigned to the U.S. diplomatic mission there), and a limit of

100 on the number of U.S. civilian contractors in Colombia in

support of Plan Colombia. The President can request that Congress

waive this provision, which it could do by enacting a joint resolution.

The provision could also be waived for a single 90-day period if the

President determines that U.S. troops “are involved in hostilities” or

that such involvement “is clearly indicated by circumstances;”

(Section 6106);

!

a prohibition on the use of any funds other than those made available

by this bill or by FY2001 military construction appropriations for

Plan Colombia, unless Congress approves a presidential request to

use other available funding by enacting a joint resolution (Section

6106).

CRS-10

The bill also would have required that (1) the President report to designated

Congressional committees on the objectives of U.S. counternarcotics strategy in

Colombia and neighboring countries, the benchmarks by which progress could be

measured, and other elements regarding U.S. policy; and (2) the Secretary of State

report within six months of enactment and every six months after regarding the status

of U.S. requests for extradition to countries receiving U.S. counternarcotics aid

(Section 6102). It contained a three-point statement of the Sense of Congress on

counternarcotics measures (Section 6103). The “Plan Colombia” title specifically

incorporated “Leahy Amendment” human rights conditions contained in previous

legislation (Section 564 of P.L. 106-113, and Section 8098 of P.L. 106-79, see

above).

Senate Action on S. 2522. In June 21-22 action on S. 2522, which was

approved by the Senate on June 22, the Senate either tabled or rejected three

amendments to reduce or condition funding for Colombia. These were:

!

a Senator Wellstone amendment to eliminate the $225 million Push

into Southern Colombia program and instead use the funds for

domestic substance abuse and mental health services, tabled 89-11;

!

a Senator Gorton amendment to reduce total Plan Colombia funding

to $200 million, which could be spent in Colombia and other

Caribbean, Central and South American countries at the discretion of

the Secretary of State, rejected 19-79;

!

a Senator Dodd amendment to provide not less than $110 million for

procurement and support of helicopters, but to permit the

Department of Defense to decide in consultation with the Colombian

military which model or models should be purchased, rejected 47-51.

By voice vote, the Senate approved several amendments on Colombia. These

included a Senator Shelby amendment to exempt certain intelligence and intelligencerelated activities from the limitation on the assignment of U.S. personnel in Colombia;

a Senator Inhofe Sense of the Senate condemnation of the presumed FARC

kidnapping of three Americans; Senators Sessions and Leahy amendments adding and

clarifying reporting and certification requirements; a Senator Byrd amendment

loosening conditions and limitations on funds for and personnel in Colombia; and a

Senator Harkin clarification of an earmark for child soldiers. The chair tabled a

Senator Boxer amendment to prohibit the use of funds from the act and from

Department of Defense funds for four purposes related to U.S. support for and

participation in counterinsurgency, law enforcement, and counternarcotics operations

in Colombia.

CRS-11

“Plan Colombia” Enacted by the 106th Congress

Conference Action on “Plan Colombia” Aid/H.R. 4425, P.L.

106-246

Some $1.289 billion in emergency supplemental appropriations was included for

Plan Colombia in the conference version of H.R. 4425 (H.Rept. 106-710, filed June

29,) Military Construction appropriations for FY2001. The report was passed by the

House on June 29 and by the Senate on June 30, and signed into law on July 13 (P.L.

106-246).

The conference committee version of Plan Colombia included some $154.06

million in Department of Defense counternarcotics funding (compared to $185.8

million provided in the House and $85.7 million provided in the Senate. The Senate

and conference version also included $30 million under the DOD supplemental title

for an Airborne Reconnaissance Low aircraft, in addition to Plan Colombia funding.)

The conference report also included some $1,018.5 million in State Department

funding for the Plan (compared to $1,099.0 million in the House and $934.1 million

in the Senate). Under a contingent emergency supplemental funding military

construction provision, the conference report included $116.5 million for three

forward operating locations, as did the Senate, compared to $38.6 million in the

House.

Some $860.2 million or 67% was appropriated to support programs in Colombia.

The largest sum – some $416.9 million – was for helicopter, training, and other

assistance to three Colombian Army counternarcotics battalions. Some $115.6

million was provided for the anti-drug operations of the Colombian National Police,

and $99.8 million for Colombian interdiction efforts. Other assistance included $58.5

million in economic and alternative development and employment assistance; $47.5

million in assistance to displaced persons (included $25 million for persons who would

be affected by the Push into Southern Colombia program); $53.5 million for human

rights; $65.5 million for administration of justice, rule of law, and other governance

programs; and $3.0 million for the peace process.

On the most controversial issues or disparate points, the conference report:

!

Provided a total of $294.0 million for helicopter procurement and

sustainment for the Army counternarcotics battalions and police,

compared to the Administration request and House action of $388.0

million and the Senate action of $118.5;

!

Fully funded House and Senate increases in funding for human rights

in Colombia, but cuts funding for other governance accounts;

!

Contained the Senate’s human rights conditionality on funding, but

also provides a national security waiver; and

!

Earmarked in regional funding $110 million for Bolivia, of which at

least $85.0 million is to be used for alternative development, and $20

CRS-12

million for Ecuador, of which at least $8.0 million is to be used for

regional development but provides no earmarked funding for Peru,

unlike the House and Senate bills.

These and other salient provisions are compared with House and Senate legislation

in Tables 4 and 5, below.

Conditions Placed on Plan Colombia Assistance

Six new limitations were placed on funding for Plan Colombia, and one

restriction was placed on the use of other funds for Plan Colombia. Under Section

3201(a)(3), the law also conditioned the assistance provided through the Department

of State funding on the provisions of the two existing Leahy amendments (Section

564 of the Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 2000, P.L.106-113, and Section 8098 of the Department of

Defense Appropriations Act, 2000, P.L.106-79, as cited above).

Limitation on Use of Helicopters. The law provided for the return to the

United States of any helicopter procured with its funding that is used to aid or abet

the operations of an illegal self-defense group or security cooperative. (H.Rept. 106710, p. 63.)

Personnel Caps. In order to assign more than 500 U.S. military personnel

for temporary or permanent duty in support of Plan Colombia, or hire more than 300

individual civilian contractors for the same purpose, the law provided that Congress’

approval must be secured through the enactment of a joint resolution, as specified in

Section 3203. This condition can be waived once, in the event that U.S. Armed

Forces are involved in or facing imminent hostilities. The joint explanatory statement

of the conferees stated that the caps did not apply to military personnel who are not

directly supporting Plan Colombia. (H.Rept. 106-710, p. 171.)

Funding Cap on Department of Defense Assistance. Section 3101(a)

set a cap of $45 million from DOD funds for the types of counternarcotics support

detailed in Section 1033 of the P.L. 105-85 for programs of the Government of

Colombia.

Limitations on Use of Department of Defense Assistance. Section

3101(b) limited the use of DOD funds to the types of support allowable under Section

1033 (c)(1) of P.L.105-85, the National Defense Authorization Act for FY1998.

(This, in turn, referred to Section 1031(b)(1) and (2) of P.L.104-201, the National

Defense Authorization Act for FY1997.) The allowable aid was limited to various

types of non-lethal assistance, including protective and utility personnel equipment;

specialized equipment; navigation, communications, photo, radar and night vision

repairs, equipment and parts; and components, accessories, parts, firmware, software

for aircraft and patrol boats, and related radar equipment.

Restriction on Visas. Section 3205 prohibited the State Department from

issuing a visa to any person “credibly alleged to have provided direct or indirect

support for the Revolutionary Armed Forces of Colombia (FARC), the National

CRS-13

Liberation Army (ELN), or the United Colombian Self-Defense organization (AUC),

including conspiracy to allow, facilitate, or promote the illegal activities of such

groups.” The President can waive this condition on national interest grounds.

Exemptions were provided for medical reasons, prosecution in the United States, and

cooperation with investigations of crimes committed by FARC, ELN or AUC

members.

Population Planning Restriction. Section 3206 made all funding

appropriated under Plan Colombia “or any other provision of law for fiscal year 2000"

subject to the population planning restrictions of Section 599(d) of Title II of the

Foreign Operations, Export Financing, and Related Programs Appropriations Act,

2000 (H.R. 3422), as enacted into law by reference in section 1000(a)(2) of P.L.106113, the Consolidated Appropriations Act for FY2000.

Overall Limitation on Funding. Section 3204 prohibited the use of any

funds for Plan Colombia other than those specifically appropriated by this act or by

other specified FY2001 appropriations acts or those taken from unobligated balances

for other programs serving similar purposes, unless specifically allowed by an Act of

Congress.

Plan Colombia Certification and Reporting Requirements, and

Clinton Administration Action

As enacted, Plan Colombia required four Administration certifications and three

reports to Congress prior to the obligation of fund for each FY2000 and FY2001, and

six subsequent one-time or periodic reports. In approximate chronological order, the

certification and reporting requirements are:

Initial Reports on the Proposed Uses of Funds. Within 30 days of

enactment, i.e., by August 12, 2000, and prior to any obligation of funds, the

Administration must provide two reports on the proposed use of funds. Under the

State Department funding provisions, Title III, Chapter 2, the Secretary of State, in

consultation with the Secretary of Defense and the AID Administrator must report to

the appropriations committees on the proposed uses, by country for each program,

project, or activity, of all funds provided through the Department of State. (H.Rept.

106-710, Title III, Chapter 2, p. 63.) The Conferees’ explanatory statement directed

the Secretary of Defense to report to the appropriations committees no later than 30

days after enactment, i.e., August 12, 2000, on the proposed uses for Department of

Defense funds provided under Title III, Chapter 1, and steps taken to ensure

maximum force protection, including the rules of engagement. It also directed the

Under Secretary of Defense (Comptroller) to report to defense committees 15 days

before any obligation or transfer of funds for uses not consistent with the specific

purposes of the Administration request and the statement of the managers. (H.Rept.

106-710, p. 165.)

Clinton Administration Action. The State Department submitted this

report to Congress on July 27, 2000. (Posted by the Center for International Policy

at [http://www.ciponline.org/colombia/080102.htm].

CRS-14

Initial Human Rights Certifications and Subsequent Reports. Prior

to the obligation of FY2000 and of FY2001 assistance provided through the State

Department funding (Title III, Chapter 2), Section 3201 required the Secretary of

State to certify to the appropriations and foreign affairs committees that the

Colombian government and the Colombian armed forces have met six human rights

criteria. These were:

that the President of Colombia has directed in writing that Colombian

Armed Forces personnel who are credibly alleged to have committed

gross violations of human rights be brought to justice in Colombia’s

civilian courts;

! that the Colombian Armed Forces Commander General promptly

suspend from duty any Colombian Armed Forces personnel who

were credibly alleged to have committed gross violations of human

rights or to have aided or abetted paramilitary groups;

! that the Colombian Armed Forces and its Commander General were

fully complying with the above presidential directive and with the

above suspension criterion;

! that the Colombian Armed Forces and its Commander General were

cooperating fully with civilian authorities in investigating,

prosecuting, and punishing in civilian courts Colombian military

personnel who are credibly alleged to have committed gross

violations of human rights;

! that the Colombian government vigorously prosecuted in civilian

courts the leaders and members of paramilitary groups and military

personnel assisting them; and

! that the Colombian Armed Forces developed and deployed in their

field units a Judge Advocate General Corps to investigate Colombian

Armed Forces personnel for misconduct.

!

Another condition required a statement regarding the Colombian government

counternarcotics strategy, as cited in the next section, below. The President could

waive compliance with these conditions if he deemed it in the national interest.

Before issuing this certification, the Secretary must have consulted with

internationally-recognized human rights groups on these matters.

In addition, in the joint explanatory statement, the conferees stated that they

expected subsequent reports on compliance with these and related specified human

rights conditions regarding members of the military and paramilitary, and on other

matters within 60 days after enactment, i.e., September 11, 2000, and every 180

days thereafter. The three additional subjects to be covered were: (1) the extent to

which investigations and prosecutions are proceeding of those responsible for attacks

against human rights defenders, government prosecutors and investigators, and

officials of the civilian judicial system in Colombia; (2) the number of civilian

displaced by the Push into Southern Colombia and the actions taken to address their

social and economic needs; and (3) the actions taken by the United States and the

Colombian government to promote a negotiated settlement of the Colombian conflict.

(H.Rept. 106-710, pp. 171-172.)

CRS-15

Clinton Administration Action. On August 22, 2000, President Clinton

waived five of the six human rights certification requirements, after the State

Department had determined that the only criteria met by the Colombian government

was the issuance of the required presidential directive on August 17. In an August

18 certification issued by the acting Secretary of State, the acting Secretary

determined that while the Colombian government was “actively taking steps to meet

the other conditions on assistance...more work needs to be done before the

Administration can certify the six remaining conditions of Section 3201, five of which

address human rights-related criteria.” (For further information, see the State

D e p a r t m e n t

p r e s s

s t a t e m e n t

a t

[http://secretary.state.gov/www/briefings/statements/2000/ps000823.html], available

as of August 24, 2000. The lengthy Memorandum of Justification released in

connection with the Presidential waiver detailed the progress made in the criteria areas

and the Administration’s continuing concerns about them. On September 11, 2000,

the Clinton Administration submitted the 60-day report. Available at

[http://www.ciponline.org/colombia/091101.htm].

In January 2001, the Clinton Administration determined that a second

certification was not required. (All State Department funding had been obligated in

FY2000.) However, on January 19, President Clinton issued a White House report

on progress towards the certification requirement, which found that while progress

had been made, “more needs to be done.”

Available at

[http://www.ciponline.org/colombia/011902.htm]. As with the August certification,

human rights groups issued their own, less favorable perspective on the situation. For

their reports, see the websites of Amnesty International, Human Rights Watch, or the

Washington Office on Latin America.)

Bush Administration Action. As of the date of this report, the Bush

Administration was still processing the report required in March 2001, according to

a State Department official.

Initial Certification on Colombian Drug Strategy. Section 3201 also

prohibited the obligation or expenditure of funds provided under the State

Department funding in Title III, Chapter 2, until the President certified to the

appropriations and foreign affairs committees that Colombia had agreed to and was

implementing a strategy to eliminate coca and opium poppy production by 2005

through a mix of alternative development programs; manual eradication; aerial

spraying of chemical herbicides; tested, environmentally safe mycoherbicides; and the

destruction of illicit narcotics laboratories.

Clinton Administration Action. The President waived this requirement in

his August 22 action on Plan Colombia. The Memorandum of Justification

accompanying the presidential waiver determination stated that the “Administration

does not believe that this criterion can be met. The Colombian Government in Plan

Colombia has set a goal of eliminating 50 percent of the drug crop cultivation within

five years (October 2005). This target is in keeping with the much-heralded

reductions achieved in Peru and Bolivia. A 50 percent reduction is significant,

realistic, and obtainable.” The determination also stated that the total elimination of

coca and poppy production by 2005 would require more resources than contemplated

under Plan Colombia.

CRS-16

Initial Certification of U.S. Support for Negotiated Settlement, and

Subsequent Reports. Prior to the obligation of any funds for FY2000, and then

again for FY2001, under Section 3207 the Secretary of State must have certified that

the United States government supported Colombia’s military and political efforts to

be “consistent with human rights conditions in section 3101, necessary to effectively

resolve the conflicts with the guerrillas and paramilitaries that threaten the territorial

integrity, economic prosperity, and rule of law in Colombia.” As referred to under

the section above on the initial human rights certifications, the conferees also wanted

a discussion of the actions taken by the United States and the Colombian government

to promote a negotiated settlement of the Colombian conflict, as part of the follow-up

reports on human rights conditions “expected” on September 11, 2000 and every 180

days thereafter. (H.Rept. 106-710, p. 172.)

Clinton Administration Action. Certification submitted mid-August, 2000,

with a memorandum of justification.

Initial Certification Regarding Preparedness Effects and the Uses

of Equipment and Materiel. Fifteen days prior to the initial obligation of Title

III, Chapter 1 Department of Defense funds for FY2000, Sections 3101(c) and (d)

required that the Secretary of Defense must certify to the defense and foreign affairs

committees on several matters in accordance with provisions of Section 1033 (f)(1)

and (g) of P.L.105-85 (the National Defense Authorization Act for FY1998). This

certification have must stated (1) that the provision of support would not adversely

affect the preparedness of the U.S. Armed Forces, (2) the equipment and materiel

provided would only be used by officials and employees of the government who have

undergone background investigations by the Colombian government and been

approved by that government to perform counter-drug activities on the basis of those

investigations, (3) that such equipment and materiel would not be transferred by sale

gift, or otherwise to unauthorized persons or entities, and will only be used for the

United States’ intended purposes, (4) that the recipient government had put in place

a system to account for and inventory such equipment and personnel, (5) that the

recipient government would grant U.S. personnel access to the equipment and

personnel and the right of continuous observation and review, and (5) that it would

provide the same security as would the U.S. government.

Clinton Administration Action. Certification submitted August 21, 2000.

Initial Report on Department of Defense Contracts. No funds

appropriated under Title III, Chapter 1, could be obligated or spent “for training,

logistics, support, planning or assistance contracts for any overseas activity until 15

days after the Assistant Secretary of Defense for Special Operations and LowIntensity Conflict reports to the congressional defense committees on the value,

duration and purpose of such contracts.” (H.Rept. 106-710, p. 61.)

Clinton Administration Action. Numerous reports submitted, one for each

contract signed, beginning August 29, 2000. Initially, at least, the contracts were

unclassified.

Reports on Private Contractors. The conferees’ joint explanatory

statement directed the Assistant Secretary of Defense for Special Operations and

CRS-17

Low-Intensity Conflict to report monthly to the defense committees (1) identifying

all private firms providing support to Plan Colombia, (2) specifying the number of

American citizens located abroad to execute supporting contracts, and (3) specifying

the number of military personnel and U.S. government employees operating in

Colombia and the surrounding region in support of Plan Colombia. (H.Rept. 106710, p. 165.)

Clinton Administration Action. These reports are classified, but according

to a State Department official, the first report was submitted in January 2001, and

subsequent reports were prepared.

Report on U.S. Regional Counternarcotics Strategy. Within 60 days

of enactment, i.e., by September 11, 2000, the President was to have submitted to

the foreign affairs and appropriations committees, under Section 3202, a report on

current U.S. strategy regarding U.S. counternarcotics assistance for Colombia and

neighboring countries. This were to include: (1) key objectives and benchmarks for

measuring their achievement, and the actions required to advance the objectives; (2)

the role of the United States in the Colombian government’s counternarcotics efforts

and efforts to combat the leftist counterinsurgent groups and the rightist paramilitary

forces; (3) the relationship of U.S. counternarcotics strategy in Colombia to the U.S.

counternarcotics strategy towards Colombia’s neighbors and U.S. global

counternarcotics strategy; (4) a schedule for providing material, technological, and

logistical support to defend the rule of law and achieve counternarcotics aims; and a

schedule for making the Forward Operating Locations operational.

Clinton Administration Action. Submitted October 26, 2000. Available

at [http://www.ciponline.org/colombia/102601.htm].

Report on the Effects of Herbicides. The conferee’s explanatory

statement directed the Secretary of State, after consulting with heads of other

relevant U.S. agencies, to report to the Congressional appropriations committees

within 60 days of enactment, i.e., by September 11, 2000, on the effects on human

health and safety of the herbicides used under the provisions of Title III of the bill.

(H.Rept. 106-710, p. 172)

Clinton Administration Action. State Department report submitted

January 23, 2001. The report indicates that glyphosate and other the ingredients in

the mixture sprayed on coca crops in Colombia are safe when used according to label

instructions. It notes that the Colombian government has approved two of the

additives, while classifying them as “lightly toxic.” The report is available at

[http://www.ciponline.org/colombia/012301.htm].

Report on Status of Requested Extraditions. No later than 6 months

after enactment, i.e., by March 13, 2001, and every six months after that during

which Plan Colombia funds are made available, the Secretary of State must submit to

foreign affairs and appropriations committees under Section 3202 a report on the

status of persons whose extradition has been requested from any country receiving

counternarcotics assistance from the United States.

CRS-18

Bush Administration Action. This report is being prepared, according to

a State Department official.

Report on Costs of Support for Plan Colombia. No later than June 1,

2001, and no later than December 1 and June 1 of the next four fiscal years, the

President must submit a report to Congress detailing the costs, by department,

agency, or other entity, of support for Plan Colombia under Section 3204 (e).

Bush Administration Action. This report has been prepared and is awaiting

the President’s approval as of early July 2001, according to an official of the Office

of National Drug Control Policy (ONDCP).

Report on Presence of Military Personnel and Contractors If

Specified Caps are Exceeded. A report would be required if Congress were to

allow the Administration to exceed specified caps on the placement of U.S. military

personnel and U.S. individual citizen contractors in Colombia in support of Plan

Colombia. If such a joint resolution were passed, the President would have to report

to Congress under section 3204 (f) within 90 days of enactment, and every 60 days

thereafter, on the aggregate number of all such military personnel and contractors,

their locations, activities, and lengths of assignment.

Provisions of Other Legislation in the 106th Congress

Provisions of the FY2001 National Defense Authorization Act (P.L.

106-398, H.R. 4205/H.R. 5408). The conference version, signed into law October

20, 2000, extends DOD authority to provide counternarcotics assistance to Colombia

under Section 1033 of P.L. 105-85 (the DOD authorization act for FY1998 and

FY1999) from FY2002 through FY2006. This extension was contained in the Senate

version (S. 2549 as incorporated in H.R. 4205 as a substitute amendment). (Both

Senate and conference versions maintained an expiration date of FY2002 for Peru, the

other country covered under Section 1033.) The conference version did not, however,

raise the cap on the amount that could be spent under that section. While the Senate

would have set a cap of assistance in any one fiscal year at $10 million for Peru and

$40 million for Colombia, the conference version retained the cap of $20 million for

both countries combined.

The conferees also set three reporting requirements regarding counterdrug

assistance. Section 1022 required a report, due, and submitted, by January 1,

2001, detailing FY2000 expenditures in direct or indirect support of the counterdrug

activities of foreign governments. Two others were due February 1, 2001. Section

1023 required a recommendation on whether to expand Section 1033 authority to

other countries. Section 1024 required a report on the Section 1033 riverine

program.

The conferees did not include a limitation, contained in the House version,

capping at 500 the number of armed forces personnel supported by funds from and

on duty in Colombia at any one time, with four exceptions. These were: those

participating in the emergency rescue of U.S. military or U.S. government civilian

personnel; those participating in natural disaster relief efforts; those assigned to the

CRS-19

U.S. embassy as an attache, security assistance officer, or serving as a member of the

Marine security contingent; transient personnel; and transient personnel.

Provisions of the “Leahy Amendments”. Since FY1997, Congress has

restricted funding in foreign operations appropriations acts through the “Leahy

Amendment,” prohibiting assistance to units of foreign security forces which have

committed gross violations of human rights, unless the responsible members are

brought to justice. This provision was included in the House, Senate, and conference

versions of the FY2001 Foreign Operations appropriations bill (Section 563, P.L.

106-429, H.R. 4811, signed into law November 16, 2000).

Congress first attached another “Leahy Amendment” restriction to Department

of Defense appropriations enacted in FY1999, and extended it in FY2000 and

FY2001 legislation (Section 8092 of the DOD appropriations for FY2001, P.L.106259, H.R. 4576, signed into law August 9, 2000). This prohibits the use of any funds

appropriated by the act to support training programs for units of security forces of

which a member has committed a gross violation of human rights, unless “corrective

steps have been taken.” Both provisions have also been attached to the Plan Colombia

aid, as noted above in the section on “Conditions Placed on Plan Colombia

Assistance.”

Text of the Foreign Operations Appropriations Leahy Amendment.

“None of the funds made available by this Act may be provided to any unit of the

security forces of a foreign country if the Secretary of State has credible evidence to

believe such unit has committed gross violations of human rights, unless the Secretary

determines and reports to the Committees on Appropriations that the government of

such country is taking effective measures to bring the responsible members of the

security forces unit to justice: Provided, That nothing in this section shall be

construed to withhold funds made available by this Act from any unit of the security

forces of a foreign country not credibly alleged to be involved in gross violations of

human rights: Provided further, That in the event that funds are withheld from any

unit pursuant to this section, the Secretary of State shall promptly inform the foreign

government of the basis for such action and shall, to the maximum extent practicable,

assist the foreign government in taking effective measures to bring the responsible

members of the security forces to justice.”

Text of the Defense Appropriations Leahy Amendment. “SEC. 8092.

TRAINING AND OTHER PROGRAMS. (a) PROHIBITION- None of the funds

made available by this Act may be used to support any training program involving a

unit of the security forces of a foreign country if the Secretary of Defense has received

credible information from the Department of State that the unit has committed a gross

violation of human rights, unless all necessary corrective steps have been taken. (b)

MONITORING- The Secretary of Defense, in consultation with the Secretary of

State, shall ensure that prior to a decision to conduct any training program referred

to in subsection (a), full consideration is given to all credible information available to

the Department of State relating to human rights violations by foreign security forces.

(c) WAIVER- The Secretary of Defense, after consultation with the Secretary of

State, may waive the prohibition in subsection (a) if he determines that such waiver

is required by extraordinary circumstances. (d) REPORT- Not more than 15 days

after the exercise of any waiver under subsection (c), the Secretary of Defense shall

CRS-20

submit a report to the congressional defense committees describing the extraordinary

circumstances, the purpose and duration of the training program, the United States

forces and the foreign security forces involved in the training program, and the

information relating to human rights violations that necessitates the waiver.”

106th Congressional Funding Action After Plan Colombia

Approval

On July 18, 2000, five days after President Clinton signed the Plan Colombia

legislation into law, the chairmen of three House committees and 14 other

representatives wrote House Speaker Hastert and Foreign Operations Appropriations

Subcommittee Chairman Sonny Callahan requesting that additional assistance to the

Colombian National Police be added during conference action on the FY2001 Foreign

Operations appropriations bill (P.L. 106-429, H.R. 4811). Chairmen Burton

(Government Reform), Goss (Intelligence), and Gilman (International Relations) and

the other members asked for $99.5 million for additional aircraft and helicopters,

spare parts, equipment, weapons, and ammunition for CNP anti-drug operations.

Funding was added in conference to the bill for counternarcotics assistance; according

to a State Department official some $13 million is to be allocated for support to

Colombia, including helicopter-related assistance.

“On-the-Ground” Receipt of Plan Colombia Assistance

In October 2000, the GAO reported that the United States was still developing

implementation plans for Plan Colombia, and as a result “agencies do not expect to

have many of the programs to support Plan Colombia in place until late 2001.”8 As

of February 2001, U.S. agencies reported that assistance was flowing, with much

hardware already delivered. Assistance delivered, in the case of military and police

equipment, and otherwise actually received in Colombia or committed through signed

contracts with providers breaks down as follows:

Delivery of Assistance to Army and Police Forces. The delivery of

helicopters to the Colombian army and police is underway. Assistance for the army

is being provided to the three counternarcotics battalions established with U.S.

assistance. The first began operations in December 1999, and the second in

December 2000, and the third in May 2001. Assistance to the police is being provided

to the special counternarcotics unit.

Colombia will receive in total under Plan Colombia funding 33 UH-1Ns, 30

Huey IIs, and 16 UH-60s (Blackhawks). Of these, all 33 UH -1Ns have been

delivered to the Colombian Army, 18 of them in October 2000, and 15 on February

2, 2001. Of the UH-60s, 14 will be provided to the army and two to the police. The

first three are scheduled for delivery in July 2001, the rest will be delivered in several

tranches through the end of 2001. Of the Huey IIs, three are scheduled for delivery

in December 2001, the remainder will be delivered through May 2002. All weaponry

has been delivered to the Army counternarcotics battalions (i.e., 120 M-60 machine

8

U.S. General Accounting Office. Drug Control: U.S. Assistance to Colombia Will Take

Years to Produce Results. GAO/01/16. October 2000. p. 5.

CRS-21

guns, 36 M-24 sniper rifles, 12 Mark-19 automatic grenade launchers, and 24 60 mm

mortars). Delivery of other equipment and ammunition proceeds.

Commitment of Plan Colombia Funds. By mid-2001, a substantial

amount of Plan Colombia funding had been not only obligated to through the signing

of an agreement with the Colombian government, but also actually committed through

the signing of a contract with the organization or company which would actually

provide a service or good. The follow is a breakdown of the amounts of such

contractual commitments entered into as of mid-2001. In virtually all cases where a

commitment has been made, at least some of the funding has actually been spent.

Department of State Funding. By May 31, 2000, just over 84% of the

funding for Colombia administered by the Department of State had been committed:

$543.1 million of $645 million appropriated, according to information provided by the

Bureau of International Narcotics and Law Enforcement Affairs. Of this, the largest

amount committed is for Push into Southern Colombia programs: some $327.6

million – or 88% – of the $372.5 million appropriated. (Of this, $365.5 million is for

the purchase of helicopters and other assistance for the Colombian Army

counternarcotics battalions, and $7 million for the emergency resettlement and

employment of persons displaced in the program area; of the $7 million, all had been

committed.) Aside from a small amount of money ($3 million) with which the State

Dept. is responsible for alternative and economic development, which was 100%

committed, the category in which the highest percentage of funds has been committed

is for human rights and judicial reform. There, some 92% of the funds, or $87.6

million of $94.5 million appropriated, have been committed. (Of the appropriated

amount, some $88 million is managed by the Department of the Treasury and the

Department of Justice, which jointly coordinate 12 administration of justice

programs.) For interdiction activities funded by the State Department, 78%, or $46.4

million, of the $59.4 million appropriated has been committed, and for the Colombian

National Police, 68%, or $78.4 of the $115.6 million appropriated, has been

committed.

The Agency for International Development Assistance (AID) is responsible

for some $119.5 million in funding for the Colombia programs, as appropriated under

the State Department sections of the bill. Of this, some 74%, or $88.7 million, had

been committed by mid-April 2001, according to figures provided by AID. In

addition, AID had committed half of the $4 million appropriated for AID operating

expenses by Plan Colombia legislation, and all $5 million for alternative development

and $4 million for the administration of justice and human rights programs

appropriated in the FY2000 core (i.e. regular appropriations) budget.

Under the rubric of alternative development, all $42.5 million of the Plan

Colombia funding administered by AID had been committed. This includes all of the

environmental programs ($2.5 million), the voluntary eradication programs ($30.0

million), and the alternative development in southern Colombia ($10.0 million).

In category of human rights and judicial reform, some 43% or $21.2 million

of $49.5 million administered by AID had been committed. The largest amounts

appropriated in this area were the least committed: only $2.7 million of the $10

million appropriated for community-level alternative development was committed as

CRS-22

of that point, and all $12 million of the assistance to local governments was scheduled

to be appropriated in September 2001. For six judicial assistance programs, all $11

million appropriated had been committed. (These were programs for judicial system

policy reform, criminal code reform, and judges training, and for the casas de justicia,

the public defender, and the prevention of corruption programs.) For the protection

of human rights workers program, half of the $4 million appropriated had been

committed, and 43% or $3 million of the $7 million appropriated for the strengthening

of human rights institutions had been committed. Only $1 million of the $3 million

appropriated for conflict management and the peace process had been committed.

The full $2.5 million for the rehabilitation of child soldiers had been obligated.

Almost 91% of the $27.5 million handled by AID for programs related to

displaced persons had been committed. This included all $19.5 million appropriated

for assistance for internally displaced persons, and $5.5 million of the $8.0 million

handled by AID for the temporary emergency resettlement and employment of

persons displaced by the Push into Southern Colombia program.

Department of Defense Funds. Some $91.8 million was allocated to the

Department of Defense for training and other assistance to the Push into Southern

Colombia program, and for support for Colombian interdiction efforts. As of July 5,

2001, all but $10.9 million of that had been obligated, and the remainder is expected

to be obligated by the end of FY2001. Because of DOD accounting and disbursement

procedures, however, the amounts that have actually been committed through signed

contracts or other methods are not available.

In addition, as indicated by figures provided by the Department of Defense (See

Table 1), some of the $62.3 million appropriated for classified programs is apparently

being used for purposes that support both U.S. and Colombian activities.

CRS-23

Table 2. Overview of Plan Colombia Funding for Colombia and Status of Commitment* of Funds Provided in the

State Department Sections of P.L. 106-246

($ millions)

Plan Colombia P.L. 106-246 Appropriations

Dept. of

State

Sections

Dept. of

Defense

Section

% of Plan

Colombia

aid to

Colombiaa

% of all Plan

Colombia aida

516.7

424.9

91.8

61%

40%

366.6

or 86%

416.9

365.5

51.4

49%

32%

320.6

or 88%

328.0

37.5

51.4

59.4

40.4

12%

8%

46.0

or 78%

All

Sections

Assistance to the Colombian Military

Push Into Southern Colombia Program:

Helicopters

Training and Other Assistance

Interdiction: Support for Colombian Efforts

99.8

State Dept.

sections funding

committed as of

Spring 2001

Assistance to the Colombian National Police (CNP)

(Includes CNP helicopter funding)

115.6

13%

9%

78.0

or 68%

Economic and Alternative Development/Employment

58.5

7%

5%

37.5

or 64%

Environmental Programs

Voluntary Eradication Programs

Assistance for Local Government

AID Operating Expenses

Community-Level Alternative Development

2.5

30.0

12.0

4.0

10.0

CRS-24

Plan Colombia P.L. 106-246 Appropriations

All

Sections

Assistance for Displaced Persons

Push Into Southern Colombia Temporary Resettlement

and Employment

Push Into Southern Colombia Alternative Development

Other Assistance for Internally Displaced Persons

Dept. of

State

Sections

47.5

% of Plan

Colombia

aid to

Colombiaa

% of all Plan

Colombia aida

5%

4%

14%

9%

100%

67%

State Dept.

sections funding

committed as of

Spring 2001

44.5

or 94%

15.0

10.0

22.5

Human Rights

53.5

Administration of Justice/Rule of Law/Other Governance

65.5

Peace Process

3.0

Subtotals

768.5

Colombia Total (Totals May Not Add Due to Rounding)

Dept. of

Defense

Section

109.1

or 89%

91.8

860.3

* “Commitments” are funds for which the United States actually has signed a contract with the provider of a good or service.

a

Percents based on combined DOS/DOD.

637.5

or 83%

CRS-25

The Bush Administration’s Andean Initiatives

On April 9, 2001, the Bush Administration requested $731 million in FY2002

funding for a broader regional strategy called the Andean Counterdrug Initiative

(ACI) that would include funding from the International Narcotics Control account

(INC) for not only Colombia, but also Bolivia, Brazil, Ecuador, Panama, Peru, and

Venezuela. Subsequently, the Bush Administration referred to this and funding from

other specified accounts for these countries as the Andean Regional Initiative (ARI),

which totals some $882.29 million. (This does not include Department of Defense

funding, which has yet to be announced.)

For Colombia, the Bush Administration request for FY2002 will provide

continued support for Plan Colombia legislation programs. (Note it is anticipated that

funding provided through the Plan Colombia legislative will continue to be expended

through FY2002.) The $399 million requested for Colombia includes $146.5 million

for economic, social and governance programs, and $252.5 million for

counternarcotics and security programs.

The $146.5 million for social, economic, and governance programs in Colombia

includes:

! $61.5 million for programs to improve the justice system and the rule

of law, to promote human rights, and to assist with anti-corruption

efforts and the peace process;

! $60.5 million for the voluntary eradication of coca and heroin poppy

crops, and for local governance and civil society programs;

! $22.0 million for displaced persons, including $7 million in

emergency relief and $15 million to support the education, health,

and housing programs of international organizations and nongovernmental organizations; and

! $2.5 million for other program support.

The $252.5 million for counternarcotics and security programs in Colombia

includes:

! $87.5 million for support to the Colombian National Police, including

funds for eradication, for aviation support, training, equipment and

infrastructure, and for logistical support;

! $79.5 million to training, operational support, logistical support, and

capital investment for the Army’s Huey II and UH-60 helicopters;

! $26.5 million to improve the infrastructure supporting

counternarcotics operations, particularly for force protection

purposes;

! $13.5 million for Colombian Army units involved in counternarcotics

operations;

! $43.0 million in support for air, maritime, riverine, and ground

interdiction;

! $2.5 million in program support.

The following table provides a breakdown by purpose and by funding account

for the $882.29 million Andean Regional Initiative.

CRS-26

Table 3. President Bush’s Andean Regional Initiative (ARI), incorporating the Andean Counterdrug Initiative (ACI)

($ millions)

ARI Proposed Funding

By Purpose

Country

Total

ARI

ARI Proposed Funding

By Account

Economic/Social/

Governance

Counternarcotics

and

Security

International

Narcotics Control

(i.e., the Andean

Counterdrug

Initiative, ACI )

Development

Aid

Child

Survival and

Diseases

Economic

Support

Fund

Foreign

Military

Financing

Colombia

399.00

146.50

252.50

399.00

0

0

0

0

Bolivia

143.48

88.48

55.0

101.00

25.08

6.40

10.00

1.00

Brazil

26.18

11.18

15.0

15.00

3.38

7.80

0

0

Ecuador

76.48

56.48

20.00

39.00

6.48

0

30.00

1.00

Panama

20.50

8.50

12.00

11.00

4.50

0

4.00

1.00

Peru

206.15

128.15

78.00

156.00

28.65

10.50

10.00

1.00

Venezuela

10.50

0.50

10.00

10.00

0

0

0.50

0

Totals

882.29

439.79

442.5

731.0

68.09

24.7

54.5

4.00

Source: ARI Reference Sheet, 150 Account, provided by the Department of State, May 14, 2001.

CRS-27

Table 4. Comparative Chart of Plan Colombia Legislation

(The Administration Request; the House FY2000 Supplemental Appropriations bill (H.R. 3908); the Senate Foreign Operations Appropriations (S. 2522) and Senate Appropriations

Committee FY2001 Military Construction Appropriations (S. 2521) bills; and the enacting legislation, the Military Construction Appropriations Act for FY2001, P.L. 106-246.)

($ millions)

House Action

Administration

Request

Conference Action

P.L. 106-246

Senate Action

Supplemental

Approps.

H.R. 3908

Foreign Ops.

Approps.

S. 2522

Mil. Con.

Approps.

S. 2521

Dept.

of State

Section

Dept. of

Defense

Section

30.4

365.5

51.4

30.4

60.0

60.0

208.0

37.5

51.4

COLOMBIA

Push Into Southern Colombia Program:

Assistance for Colombian Army Counternarcotics Battalions (CACB)

Helicopters

UN-1N Huey

Huey II

UH-60 (Blackhawks)

Training and Other Assistance

569.0

521.4

225.6

64.0

64.0

64.0

118.5

388.0

117.0

362.0

95.4

43.1

Assistance for the Colombian National Police (CNP) (Includes CNP

helicopter funding, does not include DEA support which is cited below)

89.6

115.5

93.5

Interdiction: Support for Colombian Efforts

Ground Based Radar

Radar Command and Control

Aircraft, airfield upgrades, air operations support

Ground interdiction

Riverine Interdiction

123.0

20.0

5.0

67.0

5.0

26.0

106.8

20.0

5.0

61.8

5.0

15.0

62.0

18.0

59.4

46.0

5.0

8.0

5.0

44.4

16.0

15.0

Economic and Alternative Development/Employment

Environmental Programs

Voluntary Eradication Programs

Assistance for Local Government

AID Operating Expenses

Community-Level Alternative Development

90.5

5.0

46.0

15.0

4.5

20.0

92.0

5.0

46.0

15.0

6.0

20.0

85.0

2.5

46.0

12.0

4.5

20.0

58.5

2.5

30.0

12.0

4.0

10.0

115.6

40.4

13.0

5.0

17.4

5.0

CRS-28

House Action

Administration

Request

Conference Action

P.L. 106-246

Senate Action

Supplemental

Approps.

H.R. 3908

Foreign Ops.

Approps.

S. 2522

Mil. Con.

Approps.

S. 2521

Dept.

of State

Section

Assistance for Displaced Persons

Push Into Southern Colombia Temporary Resettlement and

Employment

Push Into Southern Colombia Alternative Development

Other Assistance for Internally Displaced Persons

55.5

15.0

16.0

24.5

55.5

15.0

16.0

24.5

49.5

15.0

10.0

24.5

47.5

15.0

10.0

22.5

Human Rights

15.0

17.0

48.5

53.5

Administration of Justice/Rule of Law/Other Governance

76.0

81.5

84.5

65.5

Peace Process

2.0

1.0

5.0

3.0

1,020.6

990.7

702.0

Colombia Subtotal*

Dept. of

Defense

Section

860.3

SUPPORT FOR U.S. AGENCIES’ PROGRAMS IN OR RELATED TO COLOMBIA AND THE ANDEAN REGION

Interdiction and Related Support

Customs

Intelligence

DEA

Other (Treasury/OFAC and ONDCP)

139.8

68.0

62.0

6.7

3.1

158.5

68.0

87.0

17.2

2.1

Forward Operating Locations

Manta, Ecuador

Aruba/Curaçao

Related

38.6

38.6

116.5

61.3

54.2

1.1

U.S. Programs Subtotal

178.4

289.8

231.0

46.0

22.0

6.0

6.0

12.0

65.0

27.0

8.0

12.0

18.0

78.0

27.0

20.0

13.0

18.0

114.5

68.0

37.3

70.0

68.0

37.3

6.7

2.5

62.3

2.0

116.5

61.3

54.2

1.1

116.5

61.3

54.2

1.1

248.8

SUPPORT FOR COLOMBIA’S NEIGHBORS/ANDEAN REGION

Regional Counternarcotics/Interdiction

Peru

Bolivia

Ecuador

Elsewhere

KMAX Helicopters

62.3

55.0

25.0

12.0

18.0

32.0

CRS-29

House Action

Administration

Request

Senate Action

Supplemental

Approps.

H.R. 3908

Foreign Ops.

Approps.

S. 2522

127.0

15.0

100.0

12.0

Regional Alternative Development

Peru

Bolivia

Ecuador

30.0

15.0

12.0

3.0

72.0

15.0

49.0

8.0

Regional Subtotal*

76.0

137.0

205.0

1,272.0

1,418.5

1,138.0

TOTALS*

* Subtotals and totals may not add due to rounding.

For a further breakdown of all categories of Plan Colombia assistance, see: [http://www.ciponline.org/colombia/aidcompare.htm].

Mil. Con.

Approps.

S. 2521

Conference Action

P.L. 106-246

Dept.

of State

Section

Dept. of

Defense

Section

93.0

85.0

8.0

180.0

1,289.0

CRS-30

Table 5. Comparison of Salient Legislative Provisions Regarding Colombia

Helicopter Funding

H.R. 3908

House Supplemental,

as passed by the House

S. 2522

Foreign Operations Appropriations, as

approved by the Senate

Conference Report on H.R. 4425,

FY2001 Military Construction

Appropriations

Funds administration request for $388 million for

Blackhawk helicopter purchases and sustainment,

except it directs that instead of all 30 Blackhawks,

being designated for use by the Colombian Army

Counternarcotics Battalions (CACBs), two be

designated for the Colombian National Police

(CNP).

Provides no funding for Blackhawks. Instead,

provides $118.5 funds to purchase, refurbish,

and support 60 Huey II helicopters.

Provides $374.6 million in helicopter

funding. Of this, $234 million is for the

procurement and sustainment of 18

Blackhawks: $208 million for 16 to

support the CACBs; $26 million for two to

support the CNP. Also provides $60

million for the procurement and

sustainment of 30 Huey IIs, and $60

million for the sustainment of 15 UH-1Ns,

all 45 of which will support the CACBs.

In addition, provides $20.6 million to

upgrade 12 UH-1Hs for the CNP.

Also provides $2.6 more for the upgrade of

Colombian National Police (CNP) Huey (UH-1H)

helicopters to Huey IIs ( “Super Hueys”), allowing

for the upgrade of 12 rather than 10 helicopters.

Restriction on Use of

Helicopters

Provides for the return to the United States of any

helicopter procured with use of these funds that is

used to aid or abet the operations of an illegal selfdefense group or security cooperative.

Displaced Persons

As specified in the House report, provides the

$24.5 million for currently displaced persons and

the $15 million for resettling and employing and

$16 million for alternative development for

persons that might be displaced by the Push into

Southern Colombia program, as requested by the

Administration.

However, through a floor amendment, the bill

earmarks $50 million for assistance to displaced

persons. It is unclear whether this would cover

only currently displaced persons. No additional

funding is specifically provided above the amounts

requested by the Administration for current and

potential displaced persons.

Provides $6.0 million more than the

Administration request and $3.4 million more

than the House for the upgrade of UH-1H

helicopters for the CNP; specifies, as does the

House that 12 helicopters are to be upgraded.

Contains the House provision.

Provides the funding requested by the

Administration for currently displaced

persons, $15 million for the resettlement and

alternative employment of those to be

displaced by the Push into Southern Colombia,

but only $10 of the $16 million requested for

alternative development projects for persons

displaced by the Push Into Southern Colombia.

Provides $2.0 million less for currently

displaced persons, and the Senate level of

$10.0 million for alternative development

for those displaced by the Push into

Southern Colombia.

CRS-31

Provisions on

Eradication and

Fumigation

H.R. 3908

House Supplemental,

as passed by the House

S. 2522

Foreign Operations Appropriations, as

approved by the Senate

Conference Report on H.R. 4425,

FY2001 Military Construction

Appropriations

Military funding can be made available to

Colombia only after the President certifies to

Congress that Colombia has agreed to and is

implementing a strategy to eliminate coca and

opium poppy production by 2005 through a mix of

alternative development programs; manual

eradication; aerial spraying of chemical herbicides;

tested, environmentally safe mycoherbicides; and

the destruction of illicit narcotics laboratories.

Prohibits the use of funds in the bill to support

the use of herbicides unless the Director of the

National Center for Environmental Health at

the Center for Disease Control and Prevention

reports to Congress that the herbicide is safe

and non-toxic to human health, and the

Environmental Protection Agency reports that

it does not contaminate ground or surface

water.

Includes House provision. The bill itself

does not include the Senate provisions, but

the conference report directs the Secretary

of State to report to Congress within 60

days of enactment on the effects on human

health and safety of the herbicides used

under the title of this bill.

States Sense of Congress that Colombia should

develop and apply “naturally occurring and

ecologically sound methods for eradicating

illicit crops.”

Human Rights

Funding

Adds $2 million to the Administration request for

programs to protect human rights workers and

strengthen human rights institutions. Committee

bill added $1.5 million for armed forces legal

reform and human rights programs, and $1 million

for an Army JAG school (included in Table 4

under Administration of Justice funding); floor

amendment earmarked $1.5 million to provide

comprehensive law of war training and to support

the development of a judge advocate general corps

to investigate alleged human rights violations, and

$500,000 for U.S. monitoring of armed forces,

guerrillas, and paramilitary groups. (It is unclear

how these amounts relate to each other.)

Adds $33.5 million to the Administration

funding request: $21 million more than the

$4 million requested to establish a CNP

“fiscalia,” $10 million to provide protections

for witnesses and judicial personnel in human

rights cases, $1.5 million for U.S. human

rights monitoring, and $1 million for the U.N.

Human Rights field office. Also directs the

Secretary of State to transfer $5 million in

funding to the Department of Labor for the

demobilization and rehabilitation of child

soldiers. (It is unclear which other programs

would be cut to provide the funding.)

Does not include the Senate Sense of

Congress in the bill itself, but statement is

included in the conference report’s joint

explanatory statement of the conferees.

Provides $38.5 million over the

Administration request, fully funding all

Human Rights items in both the House and

Senate bills. Specifically includes $2.5

million for child soldiers.

CRS-32

H.R. 3908

House Supplemental,

as passed by the House

S. 2522

Foreign Operations Appropriations, as

approved by the Senate

Conference Report on H.R. 4425,

FY2001 Military Construction

Appropriations

Certification

Regarding Human

Rights Violations by

the Armed Forces

Military funding can only be made available to

Colombia after the President certifies that (1) the

head of the Colombian Armed Forces has been

granted and is exercising authority identical to that

of the head of the CNP, to summarily dismiss

military personnel for gross violations of human

rights, (2) the Colombian Armed Forces are

cooperating with civilian authorities in

investigation gross violations of human rights, and

in prosecuting and punishing indicted personnel in

civilian courts, and (3) the Colombian Armed

Forces are developing and deploying in their field

units a Judge Advocate General Corps to

investigate personnel for gross violations of human

rights. President may waive these conditions in

extraordinary circumstances.

In order for Plan Colombia assistance funded

in S. 2522 to be provided, requires the

Secretary of State to certify that Colombian

military personnel credibly alleged to be guilty

of gross violations of human rights be

suspended from duty and that the President of

Colombia has directed in writing that such

personnel will be tried by civilian courts.

Requires a certification of full cooperation on

this issue of the Colombian Armed Forces

with civilians in investigating, prosecuting

and punishing such personnel. Requires the

Secretary to consult with internationally

recognized human rights organizations

regarding Colombia’s progress on this matter

before issuing the certification. Requires the

Secretary to report 60 days after enactment

and every 180 days thereafter on these matters.

Includes Senate certification requirement

on funding other than that provided

through the Department of Defense, but

without a reporting requirement. (However,

in their explanatory statement, conferees

said they “expected” periodic reports.)

Adds provisions for a national security

waiver.

Certification

Regarding Armed

Forces Support for

Paramilitaries

No comparable provision.

In order for Plan Colombia assistance funded

in S. 2522 to be provided, requires the

Secretary of State to certify that (1) Colombian

military personnel be suspended from duty if

credibly alleged to have assisted paramilitary

groups, and (2) the Armed Forces are fully

cooperating with civilians in investigating,

prosecuting, and punishing such personnel.

Requires the Secretary to consult with

internationally recognized human rights

organizations regarding Colombia’s progress

on these matters before issuing the

certification. Requires the Secretary to report

60 days after enactment and every 180 days

thereafter on these matters.

Includes Senate provision, but without the

reporting requirement. (However, in their

explanatory statement, conferees said they

“expected” periodic reports.) Adds

provisions for a national security waiver.

CRS-33

H.R. 3908

House Supplemental,

as passed by the House

S. 2522

Foreign Operations Appropriations, as

approved by the Senate

Conference Report on H.R. 4425,

FY2001 Military Construction

Appropriations

Certification

Regarding the

Prosecution of

Paramilitaries

No comparable provision.

In order for Plan Colombia assistance funded

in S. 2522 to be provided, requires the

Secretary of State to certify that the Colombian

government is “vigorously prosecuting” the

leaders and members of paramilitary groups in

civilian courts. Requires the Secretary to

report 60 days after enactment and every 180

days thereafter on efforts by the Colombian

Armed Forces, police, and Attorney General to

disband paramilitary groups.

Includes Senate provision, but without the

reporting requirement. (However, in their

explanatory statement, conferees said they

“expected” periodic reports.) Adds

provisions for a national security waiver.

Prohibition on Visas

for Paramilitaries,

Guerrillas, and

Supporters

Prohibits the State Department from issuing a visa

to any person “credibly alleged to have provided

direct or indirect support for the Revolutionary

Armed Forces of Colombia (FARC), the National

Liberation Army (ELN), or the United Colombian

Self-Defense organization (AUC), including

conspiracy to allow, facilitate, or promote the

illegal activities of such groups.” Provides a

waiver if deemed in the national interest, and three

types of exemptions.

No comparable provision.

Includes House provision.

Overall Limitation on

Funding

No comparable provision.

Prohibits use of any funds other than those

appropriated for Plan Colombia by this act, by

the FY2001 Military Construction

Appropriations Act, by the Department of

Defense Appropriations Act, 2001, and the

unobligated balances from any previous

appropriations for Plan Colombia-like

purposes, unless Congress approves a

presidential request by joint resolution.

Includes Senate provision.

CRS-34

Limitation on

Presence of U.S.

Personnel in

Colombia

H.R. 3908

House Supplemental,

as passed by the House

S. 2522

Foreign Operations Appropriations, as

approved by the Senate

Conference Report on H.R. 4425,

FY2001 Military Construction

Appropriations

Limits to 300 the number of U.S. military

personnel that can be supported in Colombia with

funds appropriated by the bill, except for those

assigned to emergency missions or attached to the

U.S. Embassy.

Limits to 500 the number of military

personnel assigned to temporary or permanent

duty in Colombia in connection with the

support of Plan Colombia and to 300 the

number of United States civilian contractors

working there. Provides for a waiver in the

event of actual or indicated hostilities, and an

exception if the Congress enacts a joint

resolution approving a presidential request

that the limitation not apply.

These personnel limitations do not apply to

the intelligence and intelligence-related

activities subject to reporting under Title V of

the National Security Act of 1947 (50 U.S.C.

413 et seq.).

Includes Senate provision, but without the

exception for intelligence and intelligencerelated activities. However, in their

explanatory statement, conferees made

clear that the limits were intended only to

apply to personnel supporting Plan

Colombia.

CRS-35

Table 6. U.S. Aid to Colombia FY1989-FY1998

(Obligations and Authorizations, $ millions)

U.S. AID TO COLOMBIAN PROGRAMS

FY1989

FY1990

FY1991

FY1992

FY1993

FY1994

FY1995

FY1996

FY1997

FY1998

USAID grants

–

–

–

–

23.8

0.2

–a

–

–

0.5

Food Aid Grants

0.1

0.2

–

–

0.8

–

–

–

–

–

Other

1.0

0.8

0.7

0.6

1.2

1.4

1.3

0.6

–

–

State Department INC

10.0

20.0

20.0

23.4

25.0

20.0

16.0

16.0

33.5

46.3

State Department Air Wing

–

–

–

–

–

–

2.5

6.6

10.9

37.8

Defense Department Section 1033

Riverine Program

–

–

–

–

–

–

–

–

–

2.2

Defense Department Section 1004

–

–

–

–

–

–

–

–

10.3

11.8

Administration of Justice

–

–

–

–

–

–

–

–

1.8

2.0

1.5

1.5

2.8

2.3

2.6

0.9

0.6

–a

–

0.2

69.7

27.1

47.0

27.0

7.7

10.0

–

–

–

7.1

–

–

–

–

–

–

–

–

–

65.0

20.0

–

7.0

–

–

–

14.5

9.4

18.8

84.7

112.2

50.6

80.3

80.4

30.2

30.4

37.7

66.6

119.6

Foreign Military Financing – Loans

–

–

19.9

–

–

–

–

–

–

–

Foreign Military Sales

83.3

3.7

10.2

14.3

12.8

67.2

21.9

9.7

74.5

8.7

Foreign Military Construction Sales

–

–

–

–

1.6

.4

–

.7

.5

–

–

–

–

–

–

–

–

–

33.5

28.7

83.3

3.7

30.1

14.3

14.4

67.6

21.9

10.4

108.5

37.4

Economic

Counternarcotics

Military

IMET

Foreign Military Financing/Grants

MAP Merger Funds

Drawdowns

Department of Defense

TOTAL/U.S. Aid to Colombian Programs

OTHER ASSISTANCE/SPENDING

DOD Section 124 Detection and Monitoring

TOTALS/Other Assistance/Spending

CRS-36

Source Note: Data is drawn from a number of sources, not all of which are consistent, including various editions of the U.S. Overseas Loans and Grants and Assistance from International Organizations

“Green Book”, prepared by the AID budget office, the Foreign Military Sales, Foreign Military Construction Sales, and Military Assistance Facts book, prepared by the Department of Defense Security

Cooperation Agency, with data as of September 30, 1998, information provided directly by the departments of State and Defense that are not recorded in these publications, and by the General Accounting

Office (GAO) for 1996-1998. (See GAO report GAO-01-26.) Where contradictions existed, GAO data was preferred, and then other printed data was used. In particular, GAO used data on the amounts

of DOD drawdown assistance actually delivered in FY1996 through FY1998; other sources show the amount authorized, i.e., $40.5 million in FY1996, $14.2 million in FY1997, and $41.1 million in

FY1998. Because of a possible lack of data or inaccuracies, some yearly totals may be understated or overstated, particularly prior to FY1996.

Note: This chart includes direct U.S. foreign assistance (i.e., the categories usually counted as U.S. foreign aid, which are in italics), as well as the costs of goods and services provided to Colombia

from other U.S. government programs supporting counternarcotics efforts in Colombia. The United States also provides a small amount of DOD Excess Defense Articles (EDA) to Colombia. Other

funds are spent in Colombia on counternarcotics and other activities that are considered part of U.S. programs: for instance, the Drug Enforcement Administration (DEA) spends its own funds on joint

operations in Colombia. DOD Section 124 detection and monitoring funds cover U.S. operated radar systems in Colombia and elsewhere, and other costs of U.S. detection and monitoring of drug flights.

a

In these years, there was assistance in this category of less than $50,000.

CRS-37

Congressional Hearings on Colombia and Related Issues in

2000

House Appropriations Committee. Subcommittee on Foreign Operations, Export

Financing and Related Programs. Hearing on Colombia Counternarcotics

Funding. February 29, 2000.

House Appropriations Committee. Subcommittee on Foreign Operations, Export

Financing and Related Programs. Hearing on Emergency Supplemental

Appropriations Request for Plan Colombia. March 2, 2000.

House Armed Services Committee. Hearing on Southcom/U.S. Policy Towards

Colombia. March 23, 2000.

House Government Reform Committee. Subcommittee on Criminal Justice, Drug

Policy and Human Resources. Hearing on Department of Defense’s Drug

Interdiction Program, January 27, 2000.

House Government Reform Committee. Subcommittee on Criminal Justice, Drug

Policy and Human Resources. Hearing on Narcotics Crisis in Colombia.

February 15, 2000.

House Government Reform Committee. Subcommittee on Criminal Justice, Drug

Policy and Human Resources. Hearing on Getting U.S. Aid to Colombia.

October 12, 2000.

House International Relations Committee. Subcommittee on Western Hemisphere

Affairs. Hearing On Plan Colombia. September 21, 2000.

Senate Appropriations Committee. Subcommittees on Defense and on Military

Construction. Hearing on Colombia Supplemental Request. February 24, 2000.

Senate Armed Services Committee. Hearing on U.S. Support for Counter-narcotics

Activities in the Andean Region and Neighboring Countries. April 4, 2000.

Senate Caucus on International Narcotics Control, and Senate Finance Committee,

Subcommittee on International Trade. Hearing on Illegal Drug Trade in the

Andes. February 22, 2000.

Senate Foreign Relations Committee. Subcommittee on Western Hemisphere, Peace

Corps Affairs, Narcotics and Terrorism. Hearing on Proposed Emergency AntiDrug Assistance to Colombia. February 25, 2000.

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