II

106TH CONGRESS

1ST SESSION S. 1758

To authorize urgent support for Colombia and front line states to secure

peace and the rule of law, to enhance the effectiveness of anti-drug

efforts that are essential to impeding the flow of deadly cocaine and

heroin from Colombia to the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20, 1999

Mr. COVERDELL (for himself, Mr. DEWINE, and Mr. GRASSLEY) introduced

the following bill; which was read twice and referred to the Committee

on Foreign Relations

A BILL

To authorize urgent support for Colombia and front line

states to secure peace and the rule of law, to enhance

the effectiveness of anti-drug efforts that are essential

to impeding the flow of deadly cocaine and heroin from

Colombia to the United States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Alliance with Colombia and the Andean Region

6 (ALIANZA) Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Findings.

Sec. 4. Definitions.

TITLE I—UNITED STATES POLICY AND PERSONNEL

Sec. 101. Statement of policy regarding support for democracy, peace, the rule

of law, and human rights in Colombia.

Sec. 102. Requirement for a comprehensive regional strategy to support Colombia and the front line states.

Sec. 103. Availability of funds conditioned on submission of strategic plan and

application of congressional notification procedures.

Sec. 104. Limitation on availability of funds.

Sec. 105. Sense of Congress on unimpeded access by Colombian law enforcement officials to all areas of the national territory of Colombia.

Sec. 106. Extradition of narcotics traffickers.

Sec. 107. Additional personnel requirements for the United States mission in

Colombia.

Sec. 108. Sense of Congress on a special coordinator on Colombia.

Sec. 109. Sense of Congress on the death of three United States citizens in Colombia in March 1999.

Sec. 110. Sense of Congress on members of Colombian security forces and

members of Colombian irregular forces.

TITLE II—ACTIVITIES SUPPORTED

Subtitle A—Democracy, Peace, the Rule of Law, and Human Rights in

Colombia

Sec. 201. Support for democracy, peace, the rule of law, and human rights in

Colombia.

Sec. 202. United States emergency humanitarian assistance fund for internally

forced displaced population in Colombia.

Sec. 203. Investigation by Colombian Attorney General of drug trafficking and

human rights abuses by irregular forces and security forces.

Sec. 204. Report on Colombian military justice.

Sec. 205. Denial of visas to and inadmissibility of aliens who have been involved

in drug trafficking and human rights violations in Colombia.

Subtitle B—Eradication of Drug Production and Interdiction of Drug

Trafficking

Sec. 211. Targeting new illicit cultivation and mobilizing the Colombian security forces against the narcotrafficking threat.

Sec. 212. Reinvigoration of efforts to interdict illicit narcotics in Colombia.

Sec. 213. Enhancement of Colombian police and navy law enforcement activities nationwide.

Sec. 214. Targeting illicit assets of irregular forces.

Sec. 215. Enhancement of regional interdiction of illicit drugs.

Sec. 216. Revised authorities for provision of additional support for counterdrug activities of Colombia and Peru.
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Sec. 217. Sense of Congress on assistance to Brazil.

Sec. 218. Monitoring of assistance for Colombian security forces.

Sec. 219. Development of economic alternatives to the illicit drug trade.

1 SEC. 2. PURPOSES.

2 The purposes of this Act are—

3 (1) to prescribe proactive measures to confront

4 the threat to United States interests of continued in5 stability in Colombia;

6 (2) to defend constitutional order, the rule of

7 law, and human rights, which will benefit all per8 sons;

9 (3) to support the democratically elected Gov10 ernment of the Republic of Colombia to secure a

11 firm and lasting end to the armed conflict and law12 lessness within its territory, which now costs count13 less lives, threatens regional security, and under14 mines effective anti-drug efforts;

15 (4) to require the President to design and im16 plement an urgent, comprehensive, and adequately

17 funded plan of support for Colombia and its neigh18 bors;

19 (5) to authorize adequate funds to implement

20 an urgent and comprehensive plan of economic de21 velopment and anti-drug support for Colombia and

22 the front line states;

23 (6) to authorize indispensable material, tech24 nical, and logistical support to enhance the effective-
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1 ness of anti-drug efforts that are essential to imped2 ing the flow of deadly cocaine and heroin from Co3 lombia to the United States; and

4 (7) to bolster the capacity of the front line

5 states to confront the current destabilizing effects of

6 the Colombia conflict and to resist illicit narcotics

7 trafficking activities that may seek to elude en8 hanced law enforcement efforts in Colombia.

9 SEC. 3. FINDINGS.

10 Congress makes the following findings:

11 (1) The armed conflict and resulting lawless12 ness in Colombia present a clear and present danger

13 to the security of the front line states, to law en14 forcement efforts intended to impede the flow of co15 caine and heroin, and, therefore, to the well-being of

16 the people of the United States.

17 (2) Colombia is a democratic country fighting

18 multiple wars, against the Colombian Revolutionary

19 Armed Forces (FARC), the National Liberation

20 Army (ELN), paramilitary organizations, and inter21 national narcotics trafficking kingpins.

22 (3) With 34 percent of world terrorist acts com23 mitted there, Colombia is the world’s third most

24 dangerous country in terms of political violence.
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1 (4) Colombia is the world’s kidnapping capital

2 of the world with 2,609 kidnappings reported in

3 1998 and 513 reported in the first three months of

4 1999.

5 (5) In 1998 alone, 308,000 Colombians were in6 ternally displaced in Colombia. During the last dec7 ade, 35,000 Colombians have been killed.

8 (6) The FARC and the ELN are the two main

9 guerrilla groups that have waged the longest-running

10 anti-government insurgency in Latin America.

11 (7) The FARC and the ELN engage in system12 atic extortion through the abduction of United

13 States citizens, have murdered United States citi14 zens, profit from the illegal drug trade, and engage

15 in systematic and indiscriminate crimes, including

16 kidnapping, torture, and murder, against Colombian

17 civilian and security forces.

18 (8) The FARC and the ELN have targeted

19 United States Government personnel, private United

20 States citizens, and United States business interests.

21 (9) In March 1999, the FARC murdered three

22 kidnapped United States human rights workers near

23 the international border between Colombia and Ven24 ezuela.
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1 (10) The Colombian rebels are estimated to

2 have a combined strength of 10,000 to 20,000 full3 time guerrillas, and they have initiated armed action

4 in nearly 700 of the country’s 1,073 municipalities

5 and control or influence roughly 60 percent of rural

6 Colombia.

7 (11) The Government of Colombia has recov8 ered 5,000 new AK–47s from guerrilla caches in 1

9 month, and the FARC has plotted to use $3,000,000

10 in funds earned from drug trafficking to buy 30,000

11 AK–47s.

12 (12) Although the Colombian Army has

13 122,000 soldiers, there are no more than 40,000 sol14 diers available for offensive combat operations.

15 (13) Colombia faces the threat of an estimated

16 5,000 armed persons who comprise paramilitary or17 ganizations, who engage in lawless acts and under18 mine the peace process.

19 (14) Paramilitary organizations profit from the

20 illegal drug trade and engage in systematic and in21 discriminate crimes, including extortion, kidnapping,

22 torture, and murder, against Colombian civilians.

23 (15) The conflict in Colombia is creating insta24 bility along its borders with neighboring countries,

25 Ecuador, Panama, Peru, and Venezuela, several of
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1 which have deployed forces to their border with Co2 lombia.

3 (16) Coca production has increased 28 percent

4 in Colombia since 1998, and already 75 percent of

5 the world’s cocaine and 75 percent of the heroin

6 seized in the northeast United States is of Colom7 bian origin.

8 (17) The first 900-soldier Counternarcotics

9 Battalion has been established within the Colombian

10 Army with training and logistical support of the

11 United States military and the Department of State

12 international narcotics and law enforcement pro13 gram, and it will be ready for deployment in areas

14 of new illicit coca cultivation in southern Colombia

15 by November 1999.

16 (18) In response to serious human rights abuse

17 allegations by the Colombian military, the Govern18 ment of Colombia has dismissed alleged abusers and

19 undertaken military reforms, and, while the Colom20 bian military was implicated in 50 percent of human

21 rights violations in 1995, by 1998, the number of in22 cidents attributed to the military plummeted to 4–

23 6 percent.
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1 (19) The Government of Colombia has con2 victed 240 members of the military and police ac3 cused of human rights violations.

4 (20) In 1998, two-way trade between the

5 United States and Colombia was more than

6 $11,000,000,000, making the United States Colom7 bia’s number one trading partner and Colombia the

8 fifth largest market for United States exports in the

9 region.

10 (21) Colombia is experiencing a historic eco11 nomic recession, with unemployment rising to ap12 proximately 20 percent in 1999 after 40 years of an13 nual economic growth averaging 5 percent per year.

14 (22) The Colombian judicial system is ineffi15 cient and ineffective in bringing to justice those who

16 violate the rule of law.

17 (23) The FARC continue to press for an ex18 change of detained rebels, which, if granted, will en19 able the FARC to increase its manpower in the

20 short term by as many as 4,000 combatants.

21 (24) The Drug Enforcement Administration

22 has reported that the Colombian irregular forces are

23 involved in drug trafficking and that certain irreg24 ular forces leaders have become major drug traf25 fickers.
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1 SEC. 4. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as provided in section 218, the term

5 ‘‘appropriate congressional committees’’ means—

6 (A) the Committee on Appropriations and

7 the Committee on Foreign Relations of the Sen8 ate; and

9 (B) the Committee on Appropriations and

10 the Committee on International Relations of the

11 House of Representatives.

12 (2) FRONT LINE STATES.—The term ‘‘front line

13 states’’ means Bolivia, Brazil, Ecuador, Panama,

14 Peru, and Venezuela.

15 (3) ILLICIT DRUG TRAFFICKING.—The term ‘‘il16 licit drug trafficking’’ means illicit trafficking in

17 narcotic drugs, psychotropic substances, and other

18 controlled substances (as defined in section 102(6)

19 of the Controlled Substances Act (21 U.S.C.

20 802(6)), as such activities are described by any

21 international narcotics control agreement to which

22 the United States is a signatory, or by the domestic

23 law of the country in whose territory or airspace the

24 interdiction is occurring.

25 (4) IRREGULAR FORCES.—The term ‘‘irregular

26 forces’’ means irregular armed groups engaged in il-
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1 legal activities, including the Colombia Revolutionary

2 Armed Forces (FARC), the National Liberation

3 Army (ELN), and paramilitary organizations.

4 TITLE I—UNITED STATES

5 POLICY AND PERSONNEL

6 SEC. 101. STATEMENT OF POLICY REGARDING SUPPORT

7 FOR DEMOCRACY, PEACE, THE RULE OF LAW,

8 AND HUMAN RIGHTS IN COLOMBIA.

9 It shall be the policy of the United States—

10 (1) to support the democratically elected Gov11 ernment of the Republic of Colombia in its efforts

12 to secure a firm and lasting end to the armed con13 flict and lawlessness within its territory, which now

14 costs countless lives, threatens regional security, and

15 undermines effective anti-drug efforts;

16 (2) to insist that the Government of Colombia

17 complete urgent reform measures intended to open

18 its economy fully to foreign investment and com19 merce, particularly in the petroleum industry, as a

20 path toward economic recovery and self-sufficiency;

21 (3) to promote the protection of human rights

22 in Colombia by conditioning assistance to security

23 forces on respect for all internationally recognized

24 human rights;
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1 (4) to support Colombian authorities in

2 strengthening judicial systems and investigative ca3 pabilities to bring to justice any person against

4 whom there exists credible evidence of gross viola5 tions of human rights;

6 (5) to expose the lawlessness and gross human

7 rights violations committed by irregular forces in

8 Colombia; and

9 (6) to mobilize international support for the

10 democratically elected Government of the Republic

11 of Colombia so that that government can resist mak12 ing unilateral concessions that undermine the credi13 bility of the peace process.

14 SEC. 102. REQUIREMENT FOR A COMPREHENSIVE RE15 GIONAL STRATEGY TO SUPPORT COLOMBIA

16 AND THE FRONT LINE STATES.

17 (a) REPORT REQUIRED.—Not later than 60 days

18 after the date of enactment of this Act, the President shall

19 submit to the appropriate congressional committees and

20 the Caucus on International Narcotics Control of the Sen21 ate a report on the current United States policy and strat22 egy regarding United States counternarcotics assistance

23 for Colombia and the front line states.

24 (b) REPORT ELEMENTS.—The report required by

25 subsection (a) shall address the following:
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1 (1) The primary and second priorities of the

2 United States in its relations with Colombia and the

3 front line states that are the source of most of the

4 illicit narcotics entering the United States.

5 (2) The actions required of the United States

6 to support and promote such priorities.

7 (3) A schedule for implementing actions in

8 order to meet such priorities.

9 (4) The role of the United States in the efforts

10 of the Government of Colombia to deal with illegal

11 drug production in Colombia.

12 (5) The role of the United States in the efforts

13 of the Government of Colombia to deal with the in14 surgency in Colombia.

15 (6) The role of the United States in the efforts

16 of the Government of Colombia to deal with irreg17 ular forces in Colombia.

18 (7) How the strategy with respect to Colombia

19 relates to the United States strategy for the front

20 line states.

21 (8) How the strategy with respect to Colombia

22 relates to the United States strategy for fulfilling

23 global counternarcotics goals.

24 (9) A strategy and schedule for providing ur25 gent material, technical, and logistical support to
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1 Colombia and the front line states in order to defend

2 the rule of law and to more effectively impede the

3 cultivation, production, transit, and sale of illicit

4 narcotics.

5 SEC. 103. AVAILABILITY OF FUNDS CONDITIONED ON SUB6 MISSION OF STRATEGIC PLAN AND APPLICA7 TION OF CONGRESSIONAL NOTIFICATION

8 PROCEDURES.

9 Funds made available to carry out this Act shall only

10 be made available—

11 (1) upon submission to Congress by the Presi12 dent of the plan required by section 102; and

13 (2) in accordance with the procedures applica14 ble to reprogramming notifications under section

15 634A of the Foreign Assistance Act of 1961 (22

16 U.S.C. 2394–1).

17 SEC. 104. LIMITATION ON AVAILABILITY OF FUNDS.

18 (a) INELIGIBILITY OF UNITS OF SECURITY FORCES

19 FOR ASSISTANCE.—The same restrictions contained in

20 section 568 of the Foreign Operations, Export Financing,

21 and Related Programs Appropriations Act, 1999 (as con22 tained in section 101(d) of division A of Public Law 105–

23 277) and section 8130 of Public Law 105–262 that apply

24 to the availability of funds under those Acts shall apply

25 to the availability of funds under this Act.
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1 (b) ADDITIONAL RESTRICTIONS.—In addition to the

2 application of the restrictions described in subsection (a),

3 those restrictions shall apply with respect to the avail4 ability of funds for a unit of the security forces of Colom5 bia if the Secretary of State reports to Congress that cred6 ible evidence exists that a member of that unit has pro7 vided material support to irregular forces in Colombia or

8 to any criminal narcotics trafficking syndicate that oper9 ates in Colombia. The Secretary of State may detail such

10 evidence in a classified annex to any such report, if nec11 essary.

12 SEC. 105. SENSE OF CONGRESS ON UNIMPEDED ACCESS BY

13 COLOMBIAN LAW ENFORCEMENT OFFICIALS

14 TO ALL AREAS OF THE NATIONAL TERRITORY

15 OF COLOMBIA.

16 It is the sense of Congress that the effectiveness of

17 United States anti-drug assistance to Colombia depends

18 on the ability of law enforcement officials of that country

19 having unimpeded access to all areas of the national terri20 tory of Colombia for the purposes of carrying out the

21 interdiction of illegal narcotics and the eradication of illicit

22 crops.

23 SEC. 106. EXTRADITION OF NARCOTICS TRAFFICKERS.

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that the Government of Colombia and the govern-
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1 ments of the front line states should take effective steps

2 to prevent the creation of a safe haven for narcotics traf3 fickers by ensuring that narcotics traffickers indicted in

4 the United States are promptly arrested, prosecuted, and

5 sentenced to the maximum extent of the law and, upon

6 the request of the United States Government, extradited

7 to the United States for trial for their egregious offenses

8 against the security and well-being of the people of the

9 United States.

10 (b) REPORTS.—Not later than six months after the

11 date of the enactment of this Act, and every six months

12 thereafter, the Secretary of State shall submit to the Com13 mittee on Foreign Relations and the Committee on the

14 Judiciary of the Senate and the Committee on Inter15 national Relations and the Committee on the Judiciary of

16 the House of Representatives a report setting forth—

17 (1) a list of the persons whose extradition has

18 been requested from Colombia or the front line

19 states, indicating those persons who—

20 (A) have been surrendered to the custody

21 of United States authorities;

22 (B) have been detained by authorities of

23 Colombia or a front line state and who are

24 being processed for extradition;
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1 (C) have been detained by the authorities

2 of Colombia or a front line state and who are

3 not yet being processed for extradition; or

4 (D) are at large;

5 (2) a determination whether or not authorities

6 of Colombia and the front line states are making

7 good faith efforts to ensure the prompt extradition

8 of each of the persons sought by United States au9 thorities; and

10 (3) an analysis of—

11 (A) any legal obstacles in the laws of Co12 lombia and of the front line states to the

13 prompt extradition of persons sought by United

14 States authorities; and

15 (B) the steps taken by authorities of the

16 United States and the authorities of each such

17 state to remove such obstacles.

18 SEC. 107. ADDITIONAL PERSONNEL REQUIREMENTS FOR

19 THE UNITED STATES MISSION IN COLOMBIA.

20 (a) REPORT TO CONGRESS.—Not later than 60 days

21 after the date of enactment of this Act, the President shall

22 submit to the appropriate congressional committees a re23 port detailing the additional personnel requirements of the

24 United States Mission in Colombia that are necessary to

25 implement this Act.
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1 (b) FUNDING OF REPORT RECOMMENDATIONS.—

2 (1) AUTHORIZATION OF APPROPRIATIONS.—

3 (A) IN GENERAL.—In addition to amounts

4 otherwise available for such purpose, there are

5 authorized to be appropriated to the relevant

6 departments and agencies of the United States

7 for the period beginning October 1, 1999, and

8 ending September 30, 2002, such sums as may

9 be necessary to pay the salaries of such number

10 of additional personnel as are recommended in

11 the report required by subsection (a).

12 (B) AVAILABILITY OF FUNDS.—Amounts

13 appropriated pursuant to subparagraph (A) are

14 authorized to remain available until expended.

15 (2) ADDITIONAL PERSONNEL DEFINED.—In

16 paragraph (1), the term ‘‘additional personnel’’

17 means the number of personnel above the number of

18 personnel employed in the United States Mission in

19 Colombia as of the date of enactment of this Act.

20 SEC. 108. SENSE OF CONGRESS ON A SPECIAL COORDI21 NATOR ON COLOMBIA.

22 It is the sense of Congress that the President should

23 designate a special coordinator on Colombia with sufficient

24 authority—
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1 (1) to coordinate interagency efforts to prepare

2 and implement a comprehensive regional strategy to

3 support Colombia and the front line states;

4 (2) to advocate within the executive branch ade5 quate funding for and urgent delivery of assistance

6 authorized by this Act; and

7 (3) to coordinate diplomatic efforts to maximize

8 international political and financial support for Co9 lombia and the front line states.

10 SEC. 109. SENSE OF CONGRESS ON THE DEATH OF THREE

11 UNITED STATES CITIZENS IN COLOMBIA IN

12 MARCH 1999.

13 It is the sense of Congress that the Government of

14 Colombia should resolve the case of the three United

15 States citizens killed in Colombia in March 1999 and

16 bring to justice those involved in this atrocity.

17 SEC. 110. SENSE OF CONGRESS ON MEMBERS OF COLOM18 BIAN SECURITY FORCES AND MEMBERS OF

19 COLOMBIAN IRREGULAR FORCES.

20 It is the sense of Congress that—

21 (1) any links between members of Colombian ir22 regular forces and members of Colombian security

23 forces are deeply troubling and clearly counter24 productive to the effort to combat drug trafficking

25 and the prevention of human rights violations; and
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1 (2) the involvement of Colombian irregular

2 forces in drug trafficking and in systematic terror

3 campaigns targeting the noncombatant civilian popu4 lation is deplorable and contrary to United States

5 interests and policy.

6 TITLE II—ACTIVITIES

7 SUPPORTED

8 Subtitle A—Democracy, Peace, the

9 Rule of Law, and Human Rights

10 in Colombia

11 SEC. 201. SUPPORT FOR DEMOCRACY, PEACE, THE RULE OF

12 LAW, AND HUMAN RIGHTS IN COLOMBIA.

13 (a) IN GENERAL.—The President is authorized to

14 support programs and activities to advance democracy,

15 peace, the rule of law, and human rights in Colombia,

16 including—

17 (1) the deployment of international observers,

18 upon the request of the Government of Colombia, to

19 monitor compliance with any peace initiative of the

20 Government of Colombia;

21 (2) support for credible, internationally recog22 nized independent nongovernmental human rights

23 organizations working in Colombia;

24 (3) support for the Human Rights Unit of the

25 Attorney General of Colombia;
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1 (4) to enhance the rule of law through training

2 of judges, prosecutors, and other judicial officials

3 and through a witness protection program;

4 (5) to improve police investigative training and

5 facilities and related civilian police activities; and

6 (6) to strengthen a credible military justice sys7 tem, including technical support by the United

8 States Judge Advocate General, and strengthen ex9 isting human rights monitors within the ranks of the

10 military.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—In addition to amounts oth13 erwise available for such purpose, there is authorized

14 to be appropriated to the President $100,000,000

15 for the period beginning October 1, 1999, and end16 ing September 30, 2002, to carry out subsection (a).

17 (2) AVAILABILITY OF FUNDS.—Amounts appro18 priated pursuant to paragraph (1) are authorized to

19 remain available until expended.

20 SEC. 202. UNITED STATES EMERGENCY HUMANITARIAN AS21 SISTANCE FUND FOR INTERNALLY FORCED

22 DISPLACED POPULATION IN COLOMBIA.

23 (a) SENSE OF CONGRESS.— It is the sense of Con24 gress that—
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1 (1) the United States Government should pro2 vide assistance to forcibly displaced persons in Co3 lombia; and

4 (2) the Government of Colombia should support

5 the return of the forcibly displaced to their homes

6 only when the safety of civilians is fully assured and

7 they return voluntarily.

8 (b) REPORT.—Not later than 60 days after the date

9 of enactment of the Act, the Secretary of State shall sub10 mit to the appropriate congressional committees a report

11 containing an examination of the options available to ad12 dress the needs of the internally displaced population of

13 Colombia.

14 (c) AUTHORIZATION TO PROVIDE ASSISTANCE.—The

15 President is authorized—

16 (1) to provide assistance to the internally dis17 placed population of Colombia; and

18 (2) to assist in the temporary resettlement of

19 the internally displaced Colombians.

20 (d) FUNDING.—Amounts authorized to be appro21 priated by section 201(b) shall be available to the Presi22 dent for purposes of activities under subsection (c).
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1 SEC. 203. INVESTIGATION BY COLOMBIAN ATTORNEY GEN2 ERAL OF DRUG TRAFFICKING AND HUMAN

3 RIGHTS ABUSES BY IRREGULAR FORCES AND

4 SECURITY FORCES.

5 (a) AUTHORITY.—The President is authorized to

6 support efforts by the Attorney General of Colombia—

7 (1) to investigate and prosecute members of Co8 lombian irregular forces involved in the production

9 or trafficking in illicit drugs;

10 (2) to investigate and prosecute members of Co11 lombian security forces involved in the production or

12 trafficking in illicit drugs;

13 (3) to investigate and prosecute members of Co14 lombian irregular forces involved in gross violations

15 of internationally recognized human rights; and

16 (4) to investigate and prosecute members of Co17 lombian security forces involved in gross violations

18 of internationally recognized human rights.

19 (b) FUNDING.—Amounts authorized to be appro20 priated by section 201(b) shall be available to the Presi21 dent for purposes of activities under subsection (a).

22 SEC. 204. REPORT ON COLOMBIAN MILITARY JUSTICE.

23 (a) REPORT REQUIRED.—Not later than 90 days

24 after the date of enactment of this Act, the Secretary of

25 State shall submit to the appropriate congressional com26 mittees a report examining the efforts to strengthen and
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1 reform the military justice system of Colombia and mak2 ing recommendations for directing assistance authorized

3 by this Act for that purpose.

4 (b) REPORT ELEMENTS.—The report required by

5 subsection (a) shall contain the following:

6 (1) A review of the laws, regulations, directives,

7 policies, and practices of the military justice system

8 of Colombia, including specific military reform meas9 ures being considered and implemented.

10 (2) An assessment of the extent to which the

11 laws, regulations, directives, policies, practices, and

12 reforms relating to the military justice system have

13 been effective in preventing and punishing human

14 rights violations, irregular forces, and

15 narcotrafficking ties.

16 (3) Recommendations for the measures nec17 essary to strengthen and improve the effectiveness

18 and enhance the credibility of the military justice

19 system of Colombia.

20 SEC. 205. DENIAL OF VISAS TO AND INADMISSIBILITY OF

21 ALIENS WHO HAVE BEEN INVOLVED IN DRUG

22 TRAFFICKING AND HUMAN RIGHTS VIOLA23 TIONS IN COLOMBIA.

24 (a) GROUNDS FOR DENIAL OF VISAS AND INADMIS25 SIBILITY.—Except as provided in subsection (b), the Sec-
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1 retary of State shall deny a visa to, and the Attorney Gen2 eral shall not admit to the United States, any alien who

3 the Secretary of State has credible evidence is a person

4 who—

5 (1) is or was an illicit trafficker in any con6 trolled substance or has knowingly aided, abetted,

7 conspired, or colluded with others in the illicit traf8 ficking in any controlled substance in Colombia; or

9 (2) ordered, carried out, or materially assisted

10 in gross violations of internationally recognized

11 human rights in Colombia.

12 (b) EXCEPTIONS.—

13 (1) GROUNDS FOR EXCEPTION.—Subsection (a)

14 does not apply in any case in which—

15 (A) the Secretary of State finds, on a case

16 by case basis, that—

17 (i) the entry into the United States of

18 the person who would otherwise be denied

19 a visa or not admitted under this section

20 is necessary for medical reasons; or

21 (ii) the alien has cooperated fully with

22 the investigation of human rights viola23 tions; or

24 (B) the Attorney General of the United

25 States determines, on a case-by-case basis, that
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1 admission of the alien to the United States is

2 necessary for law enforcement purposes.

3 (2) CONGRESSIONAL NOTIFICATION.—Whenever

4 an alien described in subsection (a) is issued a visa

5 pursuant to paragraph (1) or admitted to the United

6 States pursuant to paragraph (2), the Secretary of

7 State or the Attorney General, as appropriate, shall

8 notify in writing the Committee on Foreign Rela9 tions of the Senate and the Committee on Inter10 national Relations of the House of Representatives

11 of such action.

12 (c) REPORTING REQUIREMENT.—

13 (1) LIST OF THE UNITED STATES CHIEF OF

14 MISSION.—The United States chief of mission to Co15 lombia shall transmit to the Secretary of State a list

16 of those individuals who have been credibly alleged

17 to have carried out drug trafficking and human

18 rights violations described in paragraphs (1) and (2)

19 of subsection (a).

20 (2) TRANSMITTAL BY SECRETARY OF STATE.—

21 Not later than three months after the date of the

22 enactment of this Act, the Secretary of State shall

23 submit the list prepared under paragraph (1) to the

24 Committee on Foreign Relations of the Senate and
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1 the Committee on International Relations of the

2 House of Representatives.

3 (d) DEFINITIONS.—In this section:

4 (1) CONTROLLED SUBSTANCE.—The term

5 ‘‘controlled substance’’ has the meaning given the

6 term in section 102(6) of the Controlled Substances

7 Act (21 U.S.C. 802(6)).

8 (2) HUMAN RIGHTS.—The term ‘‘human rights

9 violations’’ means gross violations of internationally

10 recognized human rights within the meaning of sec11 tions 116 and 502B of the Foreign Assistance Act

12 of 1961.

13 Subtitle B—Eradication of Drug

14 Production and Interdiction of

15 Drug Trafficking

16 SEC. 211. TARGETING NEW ILLICIT CULTIVATION AND MO17 BILIZING THE COLOMBIAN SECURITY

18 FORCES AGAINST THE NARCOTRAFFICKING

19 THREAT.

20 (a) AUTHORITY.—The President is authorized to

21 support programs and activities by the Government of Co22 lombia, including its security forces, to target eradication

23 and law enforcement activities in areas of new cultivation

24 of coca and opium poppy, including—
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1 (1) material support and technical assistance to

2 aid the training, outfitting, deployment, and oper3 ations of not less than three counterdrug battalions

4 of the Army of Colombia;

5 (2) to support the acquisition of up to 15 UH–

6 60 helicopters or comparable transport helicopters,

7 including spare parts, maintenance services and

8 training, or aircraft upgrade kits for the Army of

9 Colombia;

10 (3) communications and intelligence training

11 and equipment for the Army and Navy of Colombia;

12 (4) additional aircraft for the National Police of

13 Colombia to enhance its eradication efforts and to

14 support its joint operations with the military of Co15 lombia; and

16 (5) not less than $10,000,000 to support the

17 urgent development of an application of naturally oc18 curring and ecologically sound methods of eradi19 cating illicit crops.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—

21 (1) IN GENERAL.—In addition to amounts oth22 erwise available for such purpose, there is authorized

23 to be appropriated $540,000,000 for the period be24 ginning October 1, 1999, and ending September 30,

25 2002, to carry out subsection (a).
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1 (c) SENSE OF CONGRESS RELATING TO ERADI2 CATION.—It is the sense of Congress that the Government

3 of Colombia should commit itself immediately to the ur4 gent development and application of naturally occurring

5 and ecologically sound methods for eradicating illicit

6 crops.

7 SEC. 212. REINVIGORATION OF EFFORTS TO INTERDICT IL8 LICIT NARCOTICS IN COLOMBIA.

9 (a) AUTHORITY.—The President is authorized to

10 support programs and activities by the Government of Co11 lombia, including its security forces, to reinvigorate a na12 tionwide program to interdict shipments of illicit drugs in

13 Colombia, including—

14 (1) the acquisition of additional airborne and

15 ground-based radar;

16 (2) the acquisition of airborne intelligence and

17 surveillance aircraft for the Colombian Army;

18 (3) the acquisition of additional aerial refueling

19 aircraft and fuel; and

20 (4) the construction of remote airfields.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) IN GENERAL.—In addition to amounts oth23 erwise available for such purpose, there is authorized

24 to be appropriated to the President $200,000,000
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1 for the period beginning October 1, 1999, and end2 ing September 30, 2002, to carry out subsection (a).

3 (2) AVAILABILITY OF FUNDS.—Amounts appro4 priated pursuant to paragraph (1) are authorized to

5 remain available until expended.

6 SEC. 213. ENHANCEMENT OF COLOMBIAN POLICE AND

7 NAVY LAW ENFORCEMENT ACTIVITIES NA8 TIONWIDE.

9 (a) AUTHORITY.—The President is authorized to

10 support programs and activities by the Government of Co11 lombia, including its security forces, to support anti-drug

12 law enforcement activities by the National Police and

13 Navy of Colombia nationwide, including—

14 (1) acquisition of transport aircraft, spare en15 gines, and other parts, additional UH–1H upgrade

16 kits, forward-looking infrared systems, and other

17 equipment for the National Police of Colombia;

18 (2) training and operation of specialized vetted

19 units of the National Police of Colombia;

20 (3) construction of additional bases for the Na21 tional Police of Colombia near its national territorial

22 borders; and

23 (4) acquisition of 16 patrol aircraft, 4 heli24 copters, forward-looking infrared systems, and patrol
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1 boats to support for the nationwide riverine and

2 coastal patrol capabilities of the Navy of Colombia.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—In addition to amounts oth5 erwise available for such purpose, there is authorized

6 to be appropriated to the President $205,000,000

7 for the period beginning October 1, 1999, and end8 ing September 30, 2002, to carry out subsection (a).

9 (2) AVAILABILITY OF FUNDS.—Amounts appro10 priated pursuant to paragraph (1) are authorized to

11 remain available until expended.

12 SEC. 214. TARGETING ILLICIT ASSETS OF IRREGULAR

13 FORCES.

14 (a) ESTABLISHMENT OF TASK FORCE.—Not later

15 than three months after the date of enactment of this Act,

16 the Secretary of the Treasury, in coordination with the

17 Director of the Office of National Drug Control Policy,

18 Attorney General, Secretary of State, and Director of Cen19 tral Intelligence, shall establish a task force to identify as20 sets of irregular forces that operate in Colombia for the

21 purpose of imposing restrictions on transactions by such

22 forces using the President’s authority under the Inter23 national Emergency Economic Powers Act (50 U.S.C.

24 1701).
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1 (b) REPORT ON ASSETS OF IRREGULAR FORCES.—

2 Not later than 12 months after the date of enactment of

3 this Act, the Secretary of the Treasury shall submit to

4 Congress a report on measures taken in compliance with

5 this section and recommend measures to target the unlaw6 fully obtained assets of irregular forces that operate in Co7 lombia.

8 SEC. 215. ENHANCEMENT OF REGIONAL INTERDICTION OF

9 ILLICIT DRUGS.

10 (a) AUTHORITY.—The President is authorized to

11 support programs and activities by the United States Gov12 ernment, the Government of Colombia, and the govern13 ments of the front line states to enhance interdiction of

14 illicit drugs in that region.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi16 tion to amounts otherwise available for such purposes,

17 there is authorized to be appropriated to the President

18 $410,000,000 for the period beginning October 1, 1999,

19 and ending September 30, 2002, to carry out subsection

20 (a), of which amount—

21 (1) up to $325,000,000 shall be available for

22 material support and other costs by United States

23 Government agencies to support regional interdiction

24 efforts, of which—
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1 (A) not less than $60,000,000 shall be

2 available for the Drug Enforcement Administra3 tion;

4 (B) not less than $40,000,000 shall be

5 available for regional intelligence activities; and

6 (C) not less than $30,000,000 for the ac7 quisition of surveillance and reconnaissance air8 craft for use by the United States Southern

9 Command primarily for detection and moni10 toring in support of the interdiction of illicit

11 drugs; and

12 (2) up to $85,000,000 shall be available for the

13 governments of the front line states to increase the

14 effectiveness of regional interdiction efforts.

15 (c) AVAILABILITY OF FUNDS.—Amounts appro16 priated pursuant to subsection (b) are authorized to re17 main available until expended.

18 (d) LIMITATION ON AVAILABILITY OF FUNDS.—

19 Funds made available to carry out this section may be

20 made available to a front line state only after the Presi21 dent determines and certifies to the appropriate congres22 sional committees that such state is cooperating fully with

23 regional and bilateral aerial and maritime narcotics efforts

24 or is taking extraordinary and effective measures on its

25 own to impede suspicious aircraft or maritime vessels
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1 through its territory. A determination and certification

2 with respect to a front line state under this subsection

3 shall be effective for not more than 12 months.

4 SEC. 216. REVISED AUTHORITIES FOR PROVISION OF ADDI5 TIONAL SUPPORT FOR COUNTER-DRUG AC6 TIVITIES OF COLOMBIA AND PERU.

7 Section 1033 of the National Defense Authorization

8 Act for Fiscal Year 1998 (Public Law 105–85) is

9 amended—

10 (1) in the first sentence of subsection (a), by in11 serting before the period at the end the following: ‘‘,

12 including but not limited to riverine counter-drug ac13 tivities’’;

14 (2) in subsection (c), by adding at the end the

15 following:

16 ‘‘(4) The operating costs of equipment of the

17 government that is used for counter-drug activi18 ties.’’; and

19 (3) in subsection (e)(2), by striking ‘‘any of the

20 fiscal years 1999 through 2002’’ and inserting ‘‘the

21 fiscal year 1999 and may not exceed $75,000,000

22 during the fiscal years 2000 through 2002’’.

23 SEC. 217. SENSE OF CONGRESS ON ASSISTANCE TO BRAZIL.

24 It is the sense of Congress that the President

25 should—
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1 (1) review the nature of the cooperation be2 tween the United States and Brazil in counter3 narcotics activities;

4 (2) recognize the extraordinary threat that nar5 cotics trafficking poses to the national security of

6 Brazil and to the national security of the United

7 States;

8 (3) support the efforts of the Government of

9 Brazil to control drug trafficking in and through the

10 Amazon River basin;

11 (4) share information with Brazil on narcotics

12 interdiction in accordance with section 1012 of the

13 National Defense Authorization Act for Fiscal Year

14 1995 (22 U.S.C. 2291–4) in light of the enactment

15 of legislation by the Congress of Brazil that—

16 (A) authorizes appropriate personnel to

17 damage, render inoperative, or destroy aircraft

18 within Brazil territory that are reasonably sus19 pected to be engaged primarily in trafficking in

20 illicit narcotics; and

21 (B) contains measures to protect against

22 the loss of innocent life during activities re23 ferred to in subparagraph (A), including an ef24 fective measure to identify and warn aircraft

25 before the use of force; and
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1 (5) issue a determination outlining the matters

2 referred to in paragraphs (1) through (4) in order

3 to prevent any interruption in the provision by the

4 United States of critical operational, logistical, tech5 nical, administrative, and intelligence assistance to

6 Brazil.

7 SEC. 218. MONITORING OF ASSISTANCE FOR COLOMBIAN

8 SECURITY FORCES.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—

10 (1) IN GENERAL.—In addition to amounts oth11 erwise available for such purpose, there is authorized

12 to be appropriated for the Department of Defense

13 and the Department of State for each of fiscal years

14 2000, 2001, and 2002 an amount not to exceed the

15 amount equal to one percent of the total security as16 sistance for the Colombian armed forces for such fis17 cal year for purposes of monitoring the use of

18 United States assistance by the Colombian armed

19 forces, including monitoring to ensure compliance

20 with the provisions of this Act and the provisions of

21 section 568 of the Foreign Operations, Export Fi22 nancing, and Related Programs Appropriations Act,

23 1999 (as contained in Public Law 105–277; 112

24 Stat. 2681–195) and section 8130 of the Depart-
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1 ment of Defense Appropriations Act, 1999 (Public

2 Law 105–262; 112 Stat. 2335).

3 (2) AVAILABILITY OF FUNDS.—Amounts appro4 priated pursuant to paragraph (1) are authorized to

5 remain available until expended.

6 (b) REPORTS.—Not later than six months after the

7 date of the enactment of this Act, and every six months

8 thereafter, the Secretary of Defense and the Secretary of

9 State shall jointly submit to the appropriate congressional

10 committees a report on the monitoring activities under11 taken using funds authorized to be appropriated by sub12 section (a) during the six-month period ending on the date

13 of such report.

14 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘‘appropriate congres16 sional committees’’ means the following:

17 (1) The Committees on Appropriations, Armed

18 Services, and Foreign Relations of the Senate.

19 (2) The Committees on Appropriations, Armed

20 Services, and International Relations and the Per21 manent Select Committee on Intelligence of the

22 House of Representatives.
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1 SEC. 219. DEVELOPMENT OF ECONOMIC ALTERNATIVES TO

2 THE ILLICIT DRUG TRADE.

3 (a) SENSE OF CONGRESS.—It is the sense of

4 Congress—

5 (1) to recognize the importance of well-con6 structed programs for the development of economic

7 alternatives to the illicit drug trade in order to en8 courage growers to cease illicit crop cultivation; and

9 (2) to stress the need to link enforcement ef10 forts with verification efforts in order to ensure that

11 assistance under such programs does not become a

12 form of income supplement to the growers of illicit

13 crops.

14 (b) SUPPORT FOR DEVELOPMENT OF ECONOMIC AL15 TERNATIVES.—The President is authorized to support

16 programs and activities by the United States Government

17 and regional governments to enhance the development of

18 economic alternatives to the illicit drug trade.

19 (c) PROHIBITION ON CERTAIN USE OF ALTERNATIVE

20 DEVELOPMENT ASSISTANCE.—No funds available under

21 this Act for the development of economic alternatives to

22 the illicit drug trade may be used to reimburse persons

23 for the eradication of illicit drug crops.

24 (d) LIMITATION ON USE OF FUNDS.—Funds author25 ized to be appropriated by subsection (e) may only be

26 made available to Colombia or a front line state after—
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1 (1) such state has provided to the United

2 States agency responsible for the administration of

3 this section a comprehensive development strategy

4 that conditions the development of economic alter5 natives to the illicit drug trade on verifiable illicit

6 crop eradication programs; and

7 (2) the President certifies to the appropriate

8 congressional committees that such strategy is com9 prehensive and applies sufficient resources toward

10 achieving realistic objectives to ensure the ultimate

11 eradication of illicit crops.

12 (e) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—In addition to amounts oth14 erwise available for such purpose, there is authorized

15 to be appropriated $180,000,000 for the period be16 ginning October 1, 1999, and ending September 30,

17 2002, to carry out subsection (b), including up to

18 $50,000,000 for Colombia, up to $90,000,000 for

19 Bolivia, and up to $40,000,000 for Peru.

20 (2) AVAILABILITY OF FUNDS.—Amounts appro21 priated pursuant to paragraph (1) are authorized to

22 remain available until expended.

Æ