Fy10 - Sólo Colombia

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COLOMBIA

SEC. 7046. (a) AsSISTANCE.-Of the funds appro-

3 priated under the headings "Economic Support Fund", 4 "International Narcotics Control and Law Enforcement", 5 "Nonproliferation, Anti-terrorism, Demining and Related 6 Programs", "International Military Education and Train7 ing", and "Foreign Military Financing Program" in this 8 Act, not more than $521,880,000 shall be made available 9 for assistance for Colombia. 10

Funds appropriated by this Act and made available

11 to the Department of State for assistance to the Govern12 ment of Colombia may be used to support a unified cam13 paign against narcotics trafficking and organizations des14 ignated as Foreign Terrorist Organizations and successor 15 organizations, and to take actions to protect human health 16 and welfare in emergency circumstances, including under17 taking rescue operations: Provided, That assistance made 18 available in prior Acts for the Government of Colombia 19 to protect the Cano-Limon pipeline may also be used for 20 purposes for which funds are made available under the 21 heading "International Narcotics Control and Law En-

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1 forcement" in this Act: Provided further, That no United 2 States Armed Forces personnel or United States civilian 3 contractor employed by the United States will participate 4 in any combat operation in connection with assistance 5 made available by this Act for Colombia: Provided further, 6 That rotary and fixed wing aircraft supported with funds 7 appropriated under the heading "International Narcotics 8 Control and Law Enforcement" for assistance for Colom9 bia may be used for aerial or manual drug eradication and 10 interdiction including to transport personnel and supplies 11 and to provide security for such operations, and to provide 12 transport in support of alternative development programs 13 and investigations of cases under the jurisdiction of the 14 Attorney General, the Procuraduria General de la Nacion, 15 and the Defensoria del Pueblo: Provided further, That the 16 President shall ensure that if any helicopter procured with 17 funds in this Act or prior Acts making appropriations for 18 the Department of State, foreign operations, and related 19 programs, is used to aid or abet the operations of any ille20 gal self-defense group, paramilitary organization, illegal 21 security cooperative or successor organizations in Colom-

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1 bia, such helicopter shall be immediately returned to the 2 United States: Provided further, That none of the funds 3 appropriated by this Act or prior Acts making appropria4 tions for the Department of State, foreign operations, and 5 related programs may be made available for assistance for 6 the

Colombian

Departamento

Administrativo

de

7 Seguridad. 8

Of the funds available under the heading "Inter-

9 national Narcotics Control and Law Enforcement" for the 10 Colombian national police for the procurement of chemi11 cals for aerial coca and poppy eradication programs, not 12 more than 20 percent of such funds may be made available 13 for such eradication programs unless the Secretary of 14 State certifies to the Committees on Appropriations that: 15 (1) the herbicide is being used in accordance with Environ16 mental Protection Agency label requirements for com17 parable use in the United States and with Colombian laws; 18 and (2) the herbicide, in the manner it is being used, does 19 not pose unreasonable risks or adverse effects to humans 20 or the environment, including endemic species: Provided, 21 That such funds may not be made available unless the

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1 Secretary of State certifies to the Committees on Appro2 priations that any complaints of harm to health or licit 3 crops caused by such aerial eradication are thoroughly in4 vestigated and evaluated, and fair compensation is being 5 paid in a timely manner for meritorious claims: Provided 6 further, That such funds may not be made available for

7 such purposes unless programs are being implemented by 8 the United States Agency for International Development, 9 the Government of Colombia, or other organizations, in 10 consultation and coordination with local communities, to 11 provide alternative sources of income in areas where secu12 rity permits for small-acreage growers and communities 13 whose illicit crops are targeted for aerial eradication: Pro14 vided further, That none of the funds appropriated by this

15 Act for assistance for Colombia shall be made available 16 for the cultivation or processing of African oil palm, if 17 doing so would contribute to significant loss of native spe18 cies, disrupt or contaminate natural water sources, reduce 19 local food security, or cause the forced displacement of 20 local people: Provided further, That funds appropriated by 21 this Act may not be used for aerial eradication in Colom-

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1 bia's national parks or reserves unless the Secretary of

2 State certifies to the Committees on Appropriations on a 3 case-by-case basis that there are no effective alternatives 4 and the eradication is conducted in accordance with Co5 lombian laws.

6

(b) APPLICABILITY OF FISCAL YEAR 2009 PROVI-

7 SIONS.-

8

(1) IN GENERAL.-Except as provided in para-

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graph (2), the provisions of subsections (b) through

10

(f) of section 7046 of the Department of State, For-

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eign Operations, and Related Programs Appropria-

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tions Act, 2009 (division H of Public Law 111-8)

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shall apply to funds appropriated or otherwise made

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available by this Act for assistance for Colombia to

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the same extent and in the same manner as such

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provisions of law applied to funds appropriated or

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otherwise made available by such other Act for as-

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sistance for Colombia.

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(2) EXCEPTIONS.-The following provisions of

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section 7046 of division H of Public Law 111-8

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shall apply to funds appropriated or otherwise made

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available by this Act for assistance for Colombia as

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follows:

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(A) Subsection (b)(l)(B) is amended by

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striking clause (iv) and inserting the following:

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"(iv) That the Government of Colom-

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bia is respecting the rights of human

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rights defenders, journalists, trade union-

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ists, political opposition and religious lead-

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ers, and indigenous and Afro-Colombian

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communities, and the Colombian Armed

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Forces are implementing procedures to dis-

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tinguish between civilians, including dis-

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placed persons, and combatants in their

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operations." .

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(B) Subsection (b)(2) is amended by strik-

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mg "July 31, 2009" and inserting "July 31,

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2010".

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(C) Subsection (b)(3) is amended by strik-

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mg "Andean Counterdrug Programs" and in-

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serting "International Narcotics Control and

21

Law Enforcement".

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(D) Subsection (c) is amended by striking

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"September 30, 2009" and inserting "Sep-

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tember 30, 2010".

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(E) Subsection (d)(l) is amended-

(i) by striking "$16,769,000" and inserting "$18,606,000"; and (ii) by striking "fiscal year 2009" and

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inserting "fiscal year 2010".

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COMMUNITY-BASED POLICE ASSISTANCE

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SEC. 7047. (a) AUTHORITY.-Funds made available

11 by titles III and IV of this Act to carry out the provisions

12 of chapter 1 of part I and chapters 4 and 6 of part II 13 of the Foreign Assistance Act of 1961, may be used, not14 withstanding section 660 of that Act, to enhance the effec15 tiveness and accountability of civilian police authority 16 through training and technical assistance in human rights, 17 the rule of law, anti-corruption, strategic planning, and 18 through assistance to foster civilian police roles that sup19 port democratic governance including assistance for pro20 grams to prevent conflict, respond to disasters, address