Legislation on Foreign Relations Through ...

dent $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994 392

(2) Amounts appropriated under this subsection are authorized to remain available until expended.

(b) 393 PROCUREMENT OF WEAPONS AND AMMUNITION.—

"SEC. 482. AUTHORIZATION.—To carry out the purposes of section 481, there are authorized to be appropriated to the President $42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for the fiscal year 1976, no part of which may be obligated for or on behalf of any country where illegal traffic in opiates has been a significant problem unless and until the President determines and certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that assistance furnished to such country pursuant to the authority in this chapter is significantly reducing the amount of illegal opiates entering the international market, and not to exceed $34,000,000 for the fiscal year 1977. Amounts appropriated under this section are authorized to remain available until expended.".

391 Subsection designation "(a)" and the original text of subsec. (b) were added by sec. 5(b) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731). Subsec. (a) was further amended and restated by sec. 3 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701); and further amended by Sec. 402(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149). The 1980 amendment, in addition to other changes in subsection (a), struck out a paragraph which had earmarked $16 million for Colombia during fiscal year 1980 for a variety of items used in the interdiction of drug traffic.

Subsec. (a) was further amended and restated when sec. 502(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1539) substituted the authorization levels for fiscal years 1982 and 1983 in lieu of the figure for fiscal year 1981 and deleted a paragraph limiting the fiscal year 1981 U.S. contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or 50 percent of total contributions, whichever is less.

Subsec. (a) was further amended when sec. 4201 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set the fiscal year 1989 authorization level and struck out the following:

"In addition to the amounts authorized by the preceding sentence, there are authorized to be appropriated to the President $45,000,000 for the fiscal year to 1987 to carry out the purposes of section 481, except that funds may be appropriated pursuant to this additional authorization only if the President has submitted to the Congress a detailed plan for the expenditure of those funds, including a description of how regional cooperation on narcotics control matters would be promoted by the use of those funds. Of the funds authorized to be appropriated by the preceding sentence, not less that $10,000,000 shall be available only to provide helicopters or other aircraft to countries receiving assistance for fiscal year 1987 under this chapter. These funds shall be used primarily for aircraft which will be based in Latin America for use for narcotics control eradication and interdiction efforts throughout the region. These aircraft shall be used solely for narcotics control, eradication, and interdiction efforts.'

Para. (3) subsec. (a), added by sec. 614 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 231), was struck out by the International Narcotics Control Act of 1988. It previously read as follows:

“(3) Funds authorized to be appropriated by this section for fiscal year 1986 and for fiscal year 1987 may be used for a contribution to the United Nations Fund for Drug Abuse Control only if that organization includes in its crop substitution projects a plan for cooperation with the law enforcement forces of the host country.".

392 Authorizations under sec. 482 during recent years included the following: fiscal year 1975 $42,500,000; fiscal year 1976 $40,000,000; fiscal year 1977-$34,000,000; fiscal year 1978$39,000,000; fiscal year 1979-$40,000,000; fiscal year 1980 $51,758,000; fiscal year 1981$38,573,000; fiscal year 1982 $37,700,000; fiscal year 1983 $37,700,000; fiscal year 1984$47,000,000; fiscal year 1985-no authorization; fiscal year 1988-no authorization; fiscal year 1989-no authorization. Sec. 602 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The authorization amount for 1987 was subsequently amended by sec. 401 of Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat. 3207-60). Sec. 16 of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964) added authorization for fiscal year 1990 ($115,000,000). Sec. 5 of the International Narcotics Control Act of 1990 (Public Law 101-623; 104 Stat. 3354) authorized $150,000,000 for fiscal year 1991. Sec. 3 of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914) added authorization for fiscal years 1993 and 1994.

Fiscal year 1993 appropriations for this activity are $147,783,000. See paragraph on "Department of State; International Narcotics Control", title II, Public Law 102-391, page 604.

See also sec. 534, Administration of Justice program, and accompanying footnotes, page 212. 393 Sec. 4(e) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b). Subsection (b) was originally added by sec. 5(b) of the International Security Assistance Act of 1978.

metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana; (3) the term "narcotic and psychotropic drugs and other controlled substances" has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country of countries concerned;

(4) 386 the term "United States assistance" means

(A) any assistance under this Act (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation), other than—

(i) assistance under this chapter,

(ii) any other narcotics-related assistance under this part (including chapter 4 of part II), but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of this Act,

(iii) disaster relief assistance, including any assistance under chapter 9 of this part,

(iv) assistance which involves the provision of food (including monetization of food) or medicine, and

(v) assistance for refugees;

(B) sales, or financing on any terms, under the Arms Export Control Act;

(C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; and

(D) financing under the Export-Import Bank Act of 1945; (5) 387 the term "major drug-transit country" means a country

(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or 388

(B) through which are transported such drugs or substances;; and 389

(6) 389 the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Sec. 482.390 Authorization.-(a) 391 (1) To carry out the purposes of section 481, there are authorized to be appropriated to the Presi

386 Sec. 5(b) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4931) amended and restated par. (4).

387 Para. (5) was added by sec. 2005(c)(3) of Public Law 95-570 (100 Stat. 3207-63).

388 Sec. 1519(c) of the Housing and Community Development Act of 1992 (Public Law 102-550, 106 Stat. 4060) (1) inserted "or" at the end of subpar. (A); (2) struck out "or" at the end of subpar. (B) and inserted a period (but did not strike out semicolon); and (3) struck out subpar (C), which formerly read "(C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government.".

389 Sec. 11(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) struck out a period at the end of par. 5; inserted "; and" (resulting in double punctuation); and added par. (6).

390 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the Foreign Relations Authorization Act of 1972, was amended and restated by sec. 3 of the International Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 614). It formerly read as follows:

Continued

dent $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994.392

(2) Amounts appropriated under this subsection are authorized to remain available until expended.

(b) 393 PROCUREMENT OF WEAPONS AND AMMUNITION.—

"(3) Funds authorized to be appropriated by this section for fiscal year 1986 and for fiscal year 1987 may be used for a contribution to the United Nations Fund for Drug Abuse Control only if that organization includes in its crop substitution projects a plan for cooperation with the law enforcement forces of the host country.".

Fiscal year 1993 appropriations for this activity are $147,783,000. See paragraph on "Department of State; International Narcotics Control", title II, Public Law 102-391, page 604.

(1) PROHIBITION.-Except as provided in paragraph (2), funds made available to carry out this chapter shall not be made available for the procurement of weapons or ammunition.

(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect to funds for the procurement of

(A) weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes,

(B) firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the Department of State engaged in activities under this chapter,

if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A.

(c) 394 CONTRIBUTION BY RECIPIENT COUNTRY.-To ensure local commitment to the activities assisted under this chapter, a country receiving assistance under this chapter should bear an appropriate share of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. A country may bear such costs on an "in kind" basis.

Sec. 483.395 Prohibition on Use of Foreign Assistance for Reimbursements for Drug Crop Eradications.-Funds made available to carry out this Act may not be used to reimburse persons whose illicit drug crops are eradicated.

SEC. 484.396 REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.

(a) RETENTION OF TITLE TO AIRCRAFT.—

(1) IN GENERAL. (A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this chapter, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.

(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986). (2) EXCEPTIONS.-(A) Paragraph (1) shall not apply to the extent that—

(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and

(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A.

394 Redesignated from subsec. (d) by sec. 6(b)(4) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932). Originally added by sec. 608 of Public Law 99-83 (99 Stat. 229); amended and restated by sec. 17(g) of the International Narcotics Control Act of 1989. 395 22 U.S.C. 2291b. Sec. 483 was added by sec. 609 of Public Law 99-83 (99 Stat. 230).

396 22 U.S.C. 2291c. Sec. 4(f)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4916) amended and restated sec. 484. Sec. 484 was originally added by sec. 2003 of the International Narcotics Control Act of 1986, and amended by sec. 7 of the International Narcotics Control Act of 1990.

(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.

(3) ASSISTANCE FOR LEASING OF AIRCRAFT. (A) For purposes of satisfying the requirement of paragraph (1), funds made available for the "Foreign Military Financing Program" under section 23 of the Arms Export Control Act may be used to finance the leasing of aircraft under chapter 6 of that Act.

(B) Section 61(a)(3) of that Act shall not apply with respect to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(a)(1)(B) or section 22 of that Act (as appropriate).

(C) To the extent that aircraft so leased were acquired under chapter 5 of that Act, funds used pursuant to this paragraph to finance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges described in section 21(e)(1) of that Act). The funds described in the parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act. (b)397 PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT.The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this chapter are used only in ways that are consistent with the purposes for which such equipment was made available. (c) 398 REPORTS.-In the reports submitted pursuant to section 489(a),399 the President shall discuss

(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this chapter, and

(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country. Sec. 485.400 Records of Aircraft Use. (a) REQUIREMENT TO MAINTAIN RECORDS.-The President 401 shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section.

(b) CONGRESSIONAL ACCESS TO RECORDS.-The President shall make the records maintained pursuant to subsection (a) available

397 Sec. 4(fX2)(B) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck "IN GENERAL" and inserted in lieu thereof "PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT". Sec. 4(f)(2)(D) of that Act redesignated sec. 489(a) as sec. 484(b).

398 Sec. 4(f)(2)(D) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) redesignated sec. 489(b) as sec. 484(c).

399 Sec. 4(f)(2XČ) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck out "subsection (e)”, and inserted in lieu thereof "section 489(a)".

400 22 U.S.C. 2291d. Sec. 485 was added by sec. 2003 of Public Law 99-570 (100 Stat. 3207-61). 401 Sec. 4(f)(3) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck out "Secretary of State" both places it appeared in sec. 485 and inserted in lieu thereof "President".

« iepriekšējā Turpināt »

Grāmatas