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Amendment to
H.R. 3908, as Reported
Offered by Mr.
Gilman of New York
(for himself, Mr. Goss, Mr. Delahunt, and Mr.
Farr of California)
Page 9, after line 4, insert the
following:
CHAPTER 5
GENERAL PROVISIONS--THIS
TITLE
SEC.
1501. (a) CONDITIONS ON MILITARY
ASSISTANCE FOR COLOMBIA.--
(1) CERTIFICATION.--None
of the funds appropriated in this title for military assistance may be
made available to the Government of Colombia until the President submits
to the Congress a certification that--
(A) the Government of Colombia has
agreed to and is implementing a strategy to eliminate Colombia's total
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
on Colombian territory;
(B) the head of the Colombian
Armed Forces has been granted
and is exercising authority
that is identical to that held by the head of
the Colombian National Police to summarily dismiss
Colombian Armed Forces personnel for gross
violations of human rights;
(C) the Colombian Armed Forces
are cooperating with civilian
authorities in investigating
Colombian Armed Forces personnel where
credible evidence exists of gross violations of human rights, and, if
those investigations result
in indictments, the Colombian Armed Forces
are cooperating with civilian authorities in
prosecuting and punishing such personnel in the
civilian courts; and
(D) the Colombian Armed Forces
are developing and deploying
in their field units a Judge
Advocate General Corps to investigate Colombian
Armed Forces personnel for gross violations
of human rights.
(2) WAIVER.--The
President may waive the limitation
in paragraph (1) if the President determines
that the waiver is required by extraordinary circumstances.
(b) MONITORING.--Of
the funds made available under
this title--
(1) up to $1,500,000 shall be
made available to provide
comprehensive law of war training and to support
the development of a judge advocate general corps
to investigate Colombian Armed Forces personnel
who are credibly alleged to have committed gross
violations of human rights;
(2) up to $250,000 shall be made
available to enhance the
United States Embassy's capabilities to monitor
the use of United States assistance to Colombian
Armed Forces to investigate reports of gross
violations of human rights involving United States
assistance; and (3) up to
$250,000 shall be made available to enhance
the United States Embassy's capabilities to monitor
the role of the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN),
or the United Colombian Self Defense organization
(AUC) in criminal acts against American citizens
and property, including, but not limited to, kidnapping,
extortion, murder, and terrorist acts.
SEC.
1502. (a) DENIAL OF VISAS FOR
PERSONS CREDIBLY ALLEGED TO
HAVE AIDED AND ABETTED COLOMBIAN
INSURGENT AND PARAMILITARY GROUPS.--
None of the funds appropriated or
otherwise made available in
this or any other Act for any fiscal year for the Department
of State may be used to issue visas to any person
who has been credibly alleged to have provided direct
or indirect support to 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.
(b) EXEMPTION.--Subsection
(a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise
be excluded under this section is necessary for medical
reasons, or to permit the prosecution of such person
in the United States, or the person has cooperated fully with the investigation
of crimes committed by individuals
associated with the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or
the United Colombian Self Defense organization (AUC).
(c) WAIVER.--The
President may waive the limitation
in subsection (a) if the President determines that the waiver
is in the national interest.
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