Colombia: U.S. Assistance and Current Legislation

CRS Report for Congress
Colombia: Plan Colombia Legislation and
Assistance (FY2000-FY2001)
Updated July 5, 2001
Nina M. Serafino
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..........................18th
Provisions of Other Legislation in the 106 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”......................19th
106 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



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.



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 are1
not considered “traditional foreign aid” programs. 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 that2
year. The battalion was set up to conduct its own CN missions, as well as to provide


1 Information in this section was provided by various DOD officials in 1998 and 1999.
2 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...)

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, Section6

2011), 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 non-
lethal 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.

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 used7


only for counternarcotics purposes.
7 U.S. General Accounting Office. Drug Control: Narcotics Threat from Colombia
Continues to Grow. GAO/NSIAD-99-136. June 1999. p. 21.

CRS-5
Table 1. U.S. Assistance to Colombia, FY1999-FY2001
(Obligations and authorizations, $ millions)
FY2000RegularPlan ColombiaSupplementalFY2001Plan ColombiaSupplemental
Category of Foreign Aid or Other Assistance to Colombian Programs FY1999Approps.(P.L. 106-246)Regular (P.L. 106-246)
FY2000Approps. FY2001
a 205.9 50.0 48.0
768.530.0 31.3 28.0
b 13.3 4.0 4.0

0.9 0.9 1.0c


– – –

1.8 – –


35.9 68.7 4.5 49.8 101.2
iki/CRS-RL30541 1.4 1.6 6.0 1.8 0.013.5 7.2 17.4 8.1 13.0
g/w
s.or 58.1
leakNoneNone thus far14.5
://wiki 375.3 163.7 796.4 140.7 114.2
http 960.1 254.9
14.4 11.1 13.0 14.4 0.0
: General Accounting Office (GAO -01-26), Department of State, Congressional Budget Justification for Foreign Operations for FY2001; U.S. Agency for International Development Budget
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
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.
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
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
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
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
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.
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.



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



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



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



$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).



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 intelligence-
related 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.



“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



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. 106-

710, 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



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.106-


113, 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].



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.)



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
Department press statement at
[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.



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 Low-
Intensity 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



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. 106-

710, 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.



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



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.106-
259, 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



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.

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



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
% of Plan State Dept.
AllDept. ofStateDept. ofDefenseColombia% of all Planasections funding
SectionsSectionsSection aid toColombia aidcommitted as of
ColombiaaSpring 2001
516.7 424.9 91.8 61% 40% 366.6
or 86%
416.9 365.5 51.4 49% 32% 320.6
iki/CRS-RL30541or 88%
g/w 328.0
s.or 37.5 51.4
leak 99.8 59.4 40.4 12% 8% 46.0
://wikior 78%
http 115.6 13% 9% 78.0
or 68%
58.57%5%37.5
or 64%


2.5
30.0
12.0
4.0
10.0

Plan Colombia P.L. 106-246 Appropriations
% of Plan State Dept.
AllDept. ofStateDept. ofDefenseColombia% of all Planasections funding
SectionsSectionsSection aid toaColombia aidcommitted as of
ColombiaSpring 2001
47.55%4%44.5
or 94%
15.0
10.0
22.5
53.5
109.165.5
14%9%or 89%3.0
768.591.8
iki/CRS-RL30541 860.3 100% 67% 637.5
g/wor 83%
s.or
leak
://wiki.


http

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 non-
governmental 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
($ millions)
ARI Proposed FundingARI Proposed Funding
By Purpose By Account
Total Counter- International
ARIEconomic/Social/narcoticsNarcotics ControlDevelopmentChildEconomicForeign
Governanceand(i.e., the AndeanCounterdrugAidSurvival andDiseasesSupportFundMilitaryFinancing
SecurityInitiative, ACI )
399.00 146.50 252.50 399.00 0 0 0 0
iki/CRS-RL30541143.48 88.48 55.0 101.00 25.08 6.40 10.00 1.00
g/w
s.or26.18 11.18 15.0 15.00 3.38 7.80 0 0
leak
76.48 56.48 20.00 39.00 6.48 0 30.00 1.00
://wiki
http20.50 8.50 12.00 11.00 4.50 0 4.00 1.00
206.15 128.15 78.00 156.00 28.65 10.50 10.00 1.00
10.50 0.50 10.00 10.00 0 0 0.50 0
882.29 439.79 442.5 731.0 68.09 24.7 54.5 4.00
ARI Reference Sheet, 150 Account, provided by the Department of State, May 14, 2001.



CRS-27
Table 4. Comparative Chart of Plan Colombia Legislation
Administration Request; the House FY2000 Supplemental Appropriations bill (H.R. 3908); the Senate Foreign Operations Appropriations (S. 2522) and Senate Appropriations
($ millions)
Conference Action
House ActionSenate ActionP.L. 106-246
SupplementalForeign Ops.Mil. Con.Dept.Dept. of
AdministrationApprops.Approps.Approps.of StateDefense
RequestH.R. 3908S. 2522S. 2521SectionSection
569.0 521.4 225.6 30.4 365.5 51.4
iki/CRS-RL30541 64.0 64.0 64.0118.5 60.060.0
g/w 388.0 362.0 208.0
s.or 117.0 95.4 43.1 30.4 37.5 51.4
leak
89.6 115.5 93.5 115.6
://wiki
http 123.0 106.8 62.0 18.0 59.4 40.4
20.020.013.0
5.05.05.05.0
67.0 61.8 46.0 8.0 44.4 17.4
5.05.05.05.0
26.0 15.0 16.0 15.0
90.5 92.0 85.0 58.5
5.05.02.52.5
46.0 46.0 46.0 30.0
15.0 15.0 12.0 12.0
4.56.04.54.0

20.0 20.0 20.0 10.0



CRS-28
Conference Action
House ActionSenate ActionP.L. 106-246
SupplementalForeign Ops.Mil. Con.Dept.Dept. of
AdministrationApprops.Approps.Approps.of StateDefense
RequestH.R. 3908S. 2522S. 2521SectionSection
55.5 55.5 49.5 47.5
15.0 15.0 15.0 15.0
16.0 16.0 10.0 10.0
24.5 24.5 24.5 22.5
15.0 17.0 48.5 53.5
76.0 81.5 84.5 65.5
2.01.05.03.0
iki/CRS-RL30541 1,020.6 990.7 702.0 860.3
g/w
s.or
leak 139.8 158.5 114.5 37.3 70.0 62.3
68.0 68.0 68.0 68.0
://wiki 62.0 87.0 37.3 62.3
http 6.73.1 17.22.1 6.72.5 2.0
38.6 116.5 116.5 116.5
38.6 61.3 61.3 61.3
54.254.254.2
1.11.11.1
178.4 289.8 231.0 248.8
46.0 65.0 78.0 55.0
22.027.027.0
6.08.020.025.0
6.012.013.012.0
12.0 18.0 18.0 18.0

32.0



CRS-29
Conference Action
House ActionSenate ActionP.L. 106-246
SupplementalForeign Ops.Mil. Con.Dept.Dept. of
AdministrationApprops.Approps.Approps.of StateDefense
RequestH.R. 3908S. 2522S. 2521SectionSection
30.0 72.0 127.0 93.0
15.015.015.0
12.0 49.0 100.0 85.0
3.08.012.08.0
76.0 137.0 205.0 180.0

1,272.0 1,418.5 1,138.0 1,289.0


iki/CRS-RL30541
g/w
s.or
leak
://wiki
http

CRS-30
Table 5. Comparison of Salient Legislative Provisions Regarding Colombia
H.R. 3908S. 2522Conference Report on H.R. 4425,
House Supplemental, Foreign Operations Appropriations, as FY2001 Military Construction
as passed by the Houseapproved by the Senate Appropriations
Funds administration request for $388 million forProvides no funding for Blackhawks. Instead,Provides $374.6 million in helicopter
Blackhawk helicopter purchases and sustainment,provides $118.5 funds to purchase, refurbish,funding. Of this, $234 million is for the
except it directs that instead of all 30 Blackhawks, and support 60 Huey II helicopters. procurement and sustainment of 18
being designated for use by the Colombian ArmyBlackhawks: $208 million for 16 to
Counternarcotics Battalions (CACBs), two beProvides $6.0 million more than thesupport the CACBs; $26 million for two to
designated for the Colombian National PoliceAdministration request and $3.4 million moresupport the CNP. Also provides $60
(CNP). than the House for the upgrade of UH-1Hmillion for the procurement and
helicopters for the CNP; specifies, as does thesustainment of 30 Huey IIs, and $60
Also provides $2.6 more for the upgrade ofHouse that 12 helicopters are to be upgraded.million for the sustainment of 15 UH-1Ns,
Colombian National Police (CNP) Huey (UH-1H)all 45 of which will support the CACBs.
iki/CRS-RL30541helicopters to Huey IIs ( “Super Hueys”), allowingIn addition, provides $20.6 million to
g/wfor the upgrade of 12 rather than 10 helicopters.upgrade 12 UH-1Hs for the CNP.
s.or
leakProvides for the return to the United States of anyhelicopter procured with use of these funds that isContains the House provision.
://wikiused to aid or abet the operations of an illegal self-defense group or security cooperative.
http
As specified in the House report, provides theProvides the funding requested by theProvides $2.0 million less for currently
$24.5 million for currently displaced persons andAdministration for currently displaceddisplaced persons, and the Senate level of
the $15 million for resettling and employing andpersons, $15 million for the resettlement and$10.0 million for alternative development
$16 million for alternative development foralternative employment of those to befor those displaced by the Push into
persons that might be displaced by the Push intodisplaced by the Push into Southern Colombia,Southern Colombia.


Southern Colombia program, as requested by thebut only $10 of the $16 million requested for
Administration. alternative development projects for persons
displaced by the Push Into Southern Colombia.
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.

CRS-31
H.R. 3908S. 2522Conference Report on H.R. 4425,
House Supplemental, Foreign Operations Appropriations, as FY2001 Military Construction
as passed by the Houseapproved by the Senate Appropriations
Military funding can be made available toProhibits the use of funds in the bill to supportIncludes House provision. The bill itself
Colombia only after the President certifies tothe use of herbicides unless the Director of thedoes not include the Senate provisions, but
Congress that Colombia has agreed to and isNational Center for Environmental Health atthe conference report directs the Secretary
implementing a strategy to eliminate coca andthe Center for Disease Control and Preventionof State to report to Congress within 60
opium poppy production by 2005 through a mix ofreports to Congress that the herbicide is safedays of enactment on the effects on human
alternative development programs; manualand non-toxic to human health, and thehealth and safety of the herbicides used
eradication; aerial spraying of chemical herbicides;Environmental Protection Agency reports thatunder the title of this bill.
tested, environmentally safe mycoherbicides; andit does not contaminate ground or surface
the destruction of illicit narcotics laboratories. water.Does not include the Senate Sense of
Congress in the bill itself, but statement is
States Sense of Congress that Colombia shouldincluded in the conference report’s joint
develop and apply “naturally occurring andexplanatory statement of the conferees.
iki/CRS-RL30541ecologically sound methods for eradicating
g/willicit crops.”
s.orAdds $2 million to the Administration request forAdds $33.5 million to the AdministrationProvides $38.5 million over the
leakprograms to protect human rights workers andfunding request: $21 million more than theAdministration request, fully funding all
strengthen human rights institutions. Committee$4 million requested to establish a CNPHuman Rights items in both the House and
://wikibill added $1.5 million for armed forces legal“fiscalia,” $10 million to provide protectionsSenate bills. Specifically includes $2.5
httpreform and human rights programs, and $1 millionfor witnesses and judicial personnel in humanmillion for child soldiers.


for an Army JAG school (included in Table 4rights cases, $1.5 million for U.S. human
under Administration of Justice funding); floorrights monitoring, and $1 million for the U.N.
amendment earmarked $1.5 million to provideHuman Rights field office. Also directs the
comprehensive law of war training and to supportSecretary of State to transfer $5 million in
the development of a judge advocate general corpsfunding to the Department of Labor for the
to investigate alleged human rights violations, anddemobilization and rehabilitation of child
$500,000 for U.S. monitoring of armed forces,soldiers. (It is unclear which other programs
guerrillas, and paramilitary groups. (It is unclearwould be cut to provide the funding.)
how these amounts relate to each other.)

CRS-32
H.R. 3908S. 2522Conference Report on H.R. 4425,
House Supplemental, Foreign Operations Appropriations, as FY2001 Military Construction
as passed by the Houseapproved by the Senate Appropriations
Military funding can only be made available toIn order for Plan Colombia assistance fundedIncludes Senate certification requirement
Colombia after the President certifies that (1) thein S. 2522 to be provided, requires theon funding other than that provided
head of the Colombian Armed Forces has beenSecretary of State to certify that Colombianthrough the Department of Defense, but
granted and is exercising authority identical to thatmilitary personnel credibly alleged to be guiltywithout a reporting requirement. (However,
of the head of the CNP, to summarily dismissof gross violations of human rights bein their explanatory statement, conferees
military personnel for gross violations of humansuspended from duty and that the President ofsaid they “expected” periodic reports.)
rights, (2) the Colombian Armed Forces areColombia has directed in writing that suchAdds provisions for a national security
cooperating with civilian authorities inpersonnel will be tried by civilian courts. waiver.
investigation gross violations of human rights, andRequires a certification of full cooperation on
in prosecuting and punishing indicted personnel inthis issue of the Colombian Armed Forces
civilian courts, and (3) the Colombian Armedwith civilians in investigating, prosecuting
Forces are developing and deploying in their fieldand punishing such personnel. Requires the
iki/CRS-RL30541units a Judge Advocate General Corps toSecretary to consult with internationally
g/winvestigate personnel for gross violations of humanrights. President may waive these conditions inrecognized human rights organizationsregarding Colombia’s progress on this matter
s.orextraordinary circumstances. before issuing the certification. Requires the
leakSecretary to report 60 days after enactment
://wikiand every 180 days thereafter on these matters.
httpNo comparable provision.In order for Plan Colombia assistance fundedIncludes Senate provision, but without the
in S. 2522 to be provided, requires thereporting requirement. (However, in their
Secretary of State to certify that (1) Colombianexplanatory statement, conferees said they
military personnel be suspended from duty if“expected” periodic reports.) Adds
credibly alleged to have assisted paramilitaryprovisions for a national security waiver.


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.

CRS-33
H.R. 3908S. 2522Conference Report on H.R. 4425,
House Supplemental, Foreign Operations Appropriations, as FY2001 Military Construction
as passed by the Houseapproved by the Senate Appropriations
No comparable provision.In order for Plan Colombia assistance fundedIncludes Senate provision, but without the
in S. 2522 to be provided, requires thereporting requirement. (However, in their
Secretary of State to certify that the Colombianexplanatory statement, conferees said they
government is “vigorously prosecuting” the“expected” periodic reports.) Adds
leaders and members of paramilitary groups inprovisions for a national security waiver.
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.
Prohibits the State Department from issuing a visaNo comparable provision.Includes House provision.
iki/CRS-RL30541to any person “credibly alleged to have provideddirect or indirect support for the Revolutionary
g/wArmed Forces of Colombia (FARC), the National
s.orLiberation Army (ELN), or the United Colombian
leakSelf-Defense organization (AUC), including
conspiracy to allow, facilitate, or promote the
://wikiillegal activities of such groups.” Provides a
httpwaiver if deemed in the national interest, and three
types of exemptions.
No comparable provision.Prohibits use of any funds other than thoseIncludes Senate provision.


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.

CRS-34
H.R. 3908S. 2522Conference Report on H.R. 4425,
House Supplemental, Foreign Operations Appropriations, as FY2001 Military Construction
as passed by the Houseapproved by the Senate Appropriations
Limits to 300 the number of U.S. militaryLimits to 500 the number of militaryIncludes Senate provision, but without the
personnel that can be supported in Colombia withpersonnel assigned to temporary or permanentexception for intelligence and intelligence-
funds appropriated by the bill, except for thoseduty in Colombia in connection with therelated activities. However, in their
assigned to emergency missions or attached to thesupport of Plan Colombia and to 300 theexplanatory statement, conferees made
U.S. Embassy. number of United States civilian contractorsclear that the limits were intended only to
working there. Provides for a waiver in theapply to personnel supporting Plan
event of actual or indicated hostilities, and anColombia.


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
iki/CRS-RL30541activities subject to reporting under Title V of
g/wthe National Security Act of 1947 (50 U.S.C.413 et seq.).
s.or
leak
://wiki
http

CRS-35
Table 6. U.S. Aid to Colombia FY1989-FY1998
(Obligations and Authorizations, $ millions)
FY1989 FY1990 FY1991 FY1992 FY1993 FY1994 FY1995 FY1996 FY1997 FY1998
– – – – 23.8 0.2 – a – – 0.5

0.1 0.2 – – 0.8 – – – – –


1.0 0.8 0.7 0.6 1.2 1.4 1.3 0.6 – –


10.0 20.0 20.0 23.4 25.0 20.0 16.0 16.0 33.5 46.3
–– ––––2.56.610.937.8
– – – – – – – – – 2.2
iki/CRS-RL30541 – – – – – – – – 10.3 11.8
g/w – – – – – – – – 1.8 2.0
s.or
leak
1.5 1.5 2.8 2.3 2.6 0.9 0.6 – a – 0.2
://wiki 69.7 27.1 47.0 27.0 7.7 10.0 – – –
http

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
– – 19.9 – – – – – – –
83.3 3.7 10.2 14.3 12.8 67.2 21.9 9.7 74.5 8.7
– – – – 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



CRS-36
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
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
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
(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
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
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
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
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
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.


iki/CRS-RL30541
g/w
s.or
leak
://wiki
http

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 Anti-
Drug Assistance to Colombia. February 25, 2000.