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

(b) 549 PROCUREMENT OF WEAPONS AND AMMUNITION.

(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,

or

(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.

for aerial coca and poppy fumigation programs may be made available for such programs unless the Secretary of State certifies to the Committees on Appropriations that: (1) the herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws; and (2) the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment: Provided further, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such fumigation are evaluated and fair compensation is being paid for meritorious claims: Provided further, That such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation with local communities, to provide alternative sources of income in areas where security permits for small-acreage growers whose illicit crops are targeted for fumigation: Provided further, That of the funds appropriated under this heading, $2,000,000 should be made available through nongovernmental organizations for programs to protect biodiversity and indigenous reserves in Colombia: Provided further, That funds appropriated by this Act may be used for aerial fumigation in Colombia's national parks or reserves only if the Secretary of State determines that it is in accordance with Colombian laws and that there are no effective alternatives to reduce drug cultivation in these areas: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That funds appropriated under this heading that are available for assistance for the Bolivian military and police may be made available for such purposes only if the Bolivian military and police are respecting human rights and cooperating with civilian judicial authorities, and the Bolivian Government is prosecuting and punishing those responsible for violations of human rights: Provided further, That of the funds appropriated under this heading, not more than $16,285,000 may be available for administrative expenses of the Department of State, and not more than $7,800,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development.".

See also in that Act: sec. 515-Notification Requirements, and sec. 565-Special Debt Relief for the Poorest.

549 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.

(c) 550 CONTRIBUTIONS AND REIMBURSEMENT.-(1) To 551 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.

(2) 552 (A) The President is authorized to accept contributions from foreign governments to carry out the purposes of this chapter. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated pursuant to this chapter.

(B) At the time of submission of the annual congressional presentation documents required by section 634(a), the President shall provide a detailed report on any contributions received in the preceding fiscal year, the amount of such contributions, and the purposes for which such contributions were used.

(3) 5 552 The President is authorized to provide assistance under this chapter on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used under the same terms and conditions as funds appropriated pursuant to this chapter. (d) 553 ADMINISTRATIVE ASSISTANCE.-(1) Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau designated by the Secretary of State to replace the Bureau for International Narcotics Matters.

(2) Paragraph (1) shall not apply to the extent that it would result in a reduction in funds available for antinarcotics assistance to foreign countries.

(e) 554 ADVANCE NOTIFICATION OF TRANSFER OF SEIZED ASSETS. — The President shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity.

(f) 555 TREATMENT OF FUNDS.-Funds transferred to and consolidated with funds appropriated pursuant to this chapter may be made available on such terms and conditions as are applicable to funds appropriated pursuant to this chapter. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this chapter.

550 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.

551 Sec. 131(b)(1) of Public Law 104-164 (110 Stat. 1429) struck out “CONTRIBUTION BY RECIPIENT COUNTRY.-To" and inserted in lieu thereof "CONTRIBUTIONS AND REIMBURSEMENT.—(1) To”. 552 Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added paras. (2) and (3).

553 Sec. 164(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added subsec. (d).

554 Sec. 101(c) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447; 108 Stat. 4692) added subsec. (e).

555 Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added secs. (f) and (g).

(g) 555 EXCESS PROPERTY.-For purposes of this chapter, the Secretary of State may use the authority of section 608, without regard to the restrictions of such section, to receive nonlethal excess property from any agency of the United States Government for the purpose of providing such property to a foreign government under the same terms and conditions as funds authorized to be appropriated for the purposes of this chapter.

Sec. 483.556 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. 484.557 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. (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

22 U.S.C. 2291b. Added by sec. 609 of Public Law 99-83 (99 Stat. 230).

55 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.

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) 558 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) 559 REPORTS.-In the reports submitted pursuant to section 489(a),560 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. 485,561 Records of Aircraft Use.-(a) REQUIREMENT TO MAINTAIN RECORDS.-The President 562 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 to the Congress upon a request of the Chairman of the Committee on Foreign Affairs 563 of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate.

Sec. 486.564 Reallocation of Funds Withheld from Countries Which Fail to Take Adequate Steps to Halt Illicit Drug Production or Trafficking.

558 Sec. 4(f)(2)(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).

559 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).

560 Sec. 4(f)(2)(C) 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)".

561 22 U.S.C. 2291d. Added by sec. 2003 of Public Law 99-570 (100 Stat, 3207–61).

562 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".

563 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.

564 22 U.S.C. 2291e. Added by sec. 4206(a) of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4270). Sec. 4206(b) of the same Act stipulated the following: "(1) The amendment made by subsection (a) of this section supersedes section 578(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461).

"(2) Funds may be transferred pursuant to paragraph (1) of section 486(a) of the Foreign Assistance Act of 1961 (as enacted by this section) notwithstanding section 514 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (as amended by section 589 of that Act), relating to transfers between accounts.".

(a) 565 If any funds authorized to be appropriated for any fiscal year for assistance under this Act 566 are not used for assistance for the country for which those funds were allocated because of the requirements of section 490 567 or any other provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production or trafficking, the President shall use those funds for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking, as follows:

(1) INTERNATIONAL NARCOTICS CONTROL ASSISTANCE. - Those funds may be transferred to and consolidated with the funds appropriated to carry out this chapter in order to provide additional narcotics control assistance for those countries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Congress. Transfers may be made under this paragraph without regard to the 20-percent increase limitation contained in section 610(a). This paragraph does not apply with respect to funds made available for assistance under the Arms Export Control Act.

(2) OTHER 568 ASSISTANCE.-Any such funds not used under paragraph (1) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures under section 634A) in order to provide additional 569 assistance for those countries.

Sec. 487.570 Prohibition on Assistance to Drug Traffickers. (a) PROHIBITION.-The President shall take all reasonable steps to ensure that assistance under this Act and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe

(1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating to 571 narcotic or psychotropic drugs or other controlled substances; 572

or

(2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, con

565 Sec. 101(d)1) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out subsec. (a) catchline, which read "ADDITIONAL ASSISTANCE FOR COUNTRIES TAKING SIGNIFICANT STEPS. —”.

566 Sec. 101(d)2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out “security assistance" and inserted in lieu thereof "assistance under this Act".

**Sec. 6(bx5XA) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) struck out “481(h)", and inserted in lieu thereof "490".

Sec. 101(d)(3)(A) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out "SECURITY" in the para. (2) catchline, and inserted in lieu thereof "OTHER". Sec. 101(d)4) of that Act struck out subsec. (b) in this section, which had provided a definition of "security assistance".

**Sec. 101(d)(3)(B) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out "security" here.

5722 U.S.C. 2291f. Added by sec. 4503 of the International Narcotics Control Act of 1988 Public Law 100-690; 102 Stat. 4285).

** Sec. 101(e) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447, 108 Stat. 4692) inserted "to" after "relating".

-Sec. 6(bX6) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat 4932) struck out “(as defined in section 481(i)(3) of this Act)" preceding the semicolon.