with respect to maritime law enforcement operations in the territorial sea or archipelagic waters 533 of that country. (5) INTERROGATIONS.-No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person. (6) EXCEPTION FOR STATUS OF FORCES ARRANGEMENTS. - This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces Arrangements. (d) 534 USE OF HERBICIDES FOR AERIAL ERADICATION. — (1) MONITORING.-The President, with the assistance of appropriate Federal agencies, shall monitor any use under this chapter of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals. (2) 535 ANNUAL REPORTS.-In the annual report required by section 489(a),536 the President shall report on the impact on the environment and the health of individuals of the use under this chapter of a herbicide for aerial eradication. 533 Sec. 4(d) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4915) inserted "or archipelagic waters" after “sea”. 534 Subsec. (d), as added by sec. 4 of Public Law 95-384 (92 Stat. 730), was amended by sec. 3(b) of Public Law 96-92 (93 Stat. 702), amended by sec. 502(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538), and was further amended and restated by sec. 17(c) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964). Sec. 502(a)(2) and (3) of Public Law 97-113 also stipulated the conditions under which funds appropriated prior to enactment of this amendment could be utilized generally, and specifically in the case of assistance for Colombia appropriated in fiscal year 1980. Subsection (d) previously read as follows: "(d)(1) The Secretary of State shall inform the Secretary of Health and Human Services of the use or intended use by any country or international organization of any herbicide to eradicate marihuana in a program receiving assistance under this chapter. "(2) The Secretary of Health and Human Services shall monitor the impact on the health of persons who may use or consume marihuana of the spraying of a herbicide to eradicate such marihuana in a program receiving assistance under this chapter, and if the Secretary determines that such persons are exposed to amounts of such herbicide which are harmful to their health, the Secretary shall prepare and transmit a report to the Congress setting forth such determination together with any recommendations the Secretary may have. "(3) Of the funds authorized to be appropriated for the fiscal year 1982 under section 482, the President is urged to use not less than $100,000 to develop a substance that clearly and readily warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such person. "(4) If the Secretary of Agriculture determines that a substance has been developed that clearly and readily warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such persons, such substance shall be used in conjunction with the spraying of paraquat or such other herbicide in any program receiving assistance under this chapter. "(5)(A) The President, with the assistance of appropriate Federal agencies, shall monitor any use under this chapter of a herbicide in the aerial eradication of coca in order to determine the impact of such use on the environment and on the health of individuals. "(B) The President shall report on such impact in the annual report required by subsection (e). "(C) If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.". 535 Sec. 101(a) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447; 108 Stat. 4691) struck out para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3). Para. (2) formerly required that the Secretary of State inform the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency of the use or intended use by any country or international organization of any herbicide for aerial eradication in a program receiving assistance under this chapter. 536 Sec. 6(b)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) struck out “subsection (e)” and inserted in lieu thereof "section 489(a)". (3) REPORT UPON DETERMINATION OF HARM TO ENVIRONMENT OR HEALTH.—If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs 537 of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate. (e) 538 DEFINITIONS.-For purposes of this chapter and other provisions of this Act relating specifically to international narcotics matters (1) the term "legal and law enforcement measures" means (B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control; (2) 539 the term "major illicit drug producing country" means a country in which (A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year; (B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or (C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States; (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) 540 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, 537 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives. Sec. 101(b)(1) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out "Except as provided in sections 490(h) and (i) with respect to the definition of major illicit drug producing country and major drug-transit country, for" as the opening clause of subsec. (e), inserting in lieu thereof "For". Previously, sec. 6(b)(3) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) amended and restated the opening sentence of subsec. (e). Sec. 1003(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1053) added the original sub sec. (e). 539 Sec. 101(b)(2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended and restated para. (2), changing the measure of "major illicit drug producing country" from quantity of production to acreage devoted to production. Previously, sec. 17(e) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para. (2), adding emphasis on illicit production. 540 Sec. 5(b) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4931) amended and restated para. (4). (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) 541 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 542 (B) through which are transported such drugs or substances; 543 (6) 543 the term "precursor chemical" has the same meaning as the term "listed chemical" has under paragraph (33) of section 102 of the Controlled Substances Act (21 U.S.C. 802(33); 544 (7) 543 the term "major money laundering country" means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and (8) 543 the term "appropriate congressional committees" means the Committee on Foreign Affairs 545 and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 541 Sec. 2005(c)(3) of Public Law 95–570 (100 Stat. 3207-63) added para. (5). 542 Sec. 1519(c) of the Housing and Community Development Act of 1992 (Public Law 102550; 106 Stat. 4060) (1) inserted "or" to the end of subpara. (A); (2) struck out "or" at the end of subpara. (B) and inserted a period (but did not strike out semicolon); and (3) struck out subpara. (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.". 543 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 para. 5; inserted "; and"; and added para. (6). Subsequently, sec. 101(b) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out “; and", redesignated para. (6) as para. (8), and added new paras. (6) and (7). 544 Para. (33) of section 102 of the Controlled Substances Act (21 U.S.C. 802(33) defines "listed chemical" as "any list I chemical or any list II chemical". List I chemicals are listed in para. (34) of that section; list II chemicals in para. (35). 545 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives. Sec. 482.546 Authorization.-(a) 547 (1) To carry out the purposes of section 481, there are authorized to be appropriated to the President $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994.548 546 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: "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.". 547 Sec. 5(b) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731) added subsec. designation "(a)" and the original text of subsec. (b). 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.". 548 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 years 1995 through 2005-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 Pubhe 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. Congress did not enact an authorization for fiscal year 2005. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447), waived the requirements for authorization, and title II of that Act (118 Stat. 2809) provided the following: Continued "DEPARTMENT OF STATE "INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT "For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $328,820,000, to remain available until September 30, 2007: Provided, That during fiscal year 2005, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $11,900,000 should be made available for training programs and activities of the International Law Enforcement Academies: Provided further, That of the funds appropriated under this heading, not less than $4,000,000 should be made available for assistance for the Philippines for police training and other related activities: Provided further, That $10,000,000 of the funds appropriated under this heading shall be made available for demand reduction programs: Provided further, That $40,000,000 of the funds appropriated under this heading should be made available for assistance for Mexico: Provided further, That $10,500,000 of the funds appropriated under this heading should be made available for assistance for countries and programs in Africa: Provided further, That of the funds appropriated under this heading, $3,000,000 shall be made available for assistance for the Government of Malta for the purchase of helicopters to enhance its ability to control its borders and deter terrorists: Provided further, That of the funds appropriated under this heading, not more than $30,300,000 may be available for administrative expenses. "ANDEAN COUNTERDRUG INITIATIVE "For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $731,000,000, to remain available until September 30, 2007: Provided, That in fiscal year 2005, funds available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC), and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided further, That this authority shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations: Provided further, That the President shall ensure that if any helicopter procured with funds under this heading is used to aid or abet the operations of any illegal self-defense group or illegal security cooperative, such helicopter shall be immediately returned to the United States: Provided further, That none of the funds appropriated by this Act may be made available to support a Peruvian air interdiction program until the Secretary of State and Director of Central Intelligence certify to the Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 20, 2001 incident: Provided further, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-bycountry basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $264,600,000 shall be made available for alternative development/institution building, of which $237,000,000 shall be apportioned directly to the United States Agency for International Development, including $125,700,000 for assistance for Colombia: Provided further, That with respect to funds apportioned to the United States Agency for International Development under the previous proviso, the responsibility for policy decisions for the use of such funds, including what activities will be funded and the amount of funds that will be provided for each of those activities, shall be the responsibility of the Administrator of the United States Agency for International Development in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs: Provided further, That of the funds appropriated under this heading, not less than $6,000,000 should be made available for judicial reform programs in Colombia: Provided further, That of the funds appropriated under this heading, in addition to funds made available pursuant to the previous proviso, not less than $6,000,000 shall be made available to the United States Agency for International Development for organizations and programs to protect human rights: Provided further, That funds made available in this Act for demobilization/reintegration of members of foreign terrorist organizations in Colombia shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That not more than 20 percent of the funds appropriated by this Act that are used for the procurement of chemicals |