Program
description / Law
| Funding
| Top
recipients
| Program
description |
Law |
| In
1989, Congress added Section 124 to Title 10, U.S. Code, the section
of U.S. law governing defense and the military. Section 124 made the
Department of Defense (DoD) the lead U.S. agency for detecting and
monitoring illegal drugs entering the United States by air or sea.
Section
124 does not authorize assistance to other countries. It allows
the Defense Department to use its funds for drug interdiction operations
such as radar sites, surveillance flights and intelligence gathering
carried out by U.S. military personnel stationed in the United States,
Latin America and the Caribbean.
Congress
gave more specific definition to the Pentagon's anti-drug role through
Section 1004 of the 1991 National Defense Authorization Act (P.L.
101-510). This provision authorizes operational expenses and allows
the military to provide specific types of support to U.S. and foreign
law-enforcement agencies.
Unlike
Section 124, Section 1004 permits the Defense Department to use
the defense budget to provide counternarcotics assistance and training
for foreign security forces, including foreign police forces.
Types
of support allowed under Section 1004 include the following, all
for counternarcotics use:
- Maintenance,
repair and upgrading of loaned Defense Department equipment;
- Maintenance,
repair and upgrading of other equipment;
- Transportation
of personnel, supplies and equipment within or outside the United
States;
- Establishment
and operation of bases of operation or training facilities within
or outside the United States;
- Training
of law enforcement personnel, both foreign and domestic;
- Detection
and monitoring of narcotics related traffic coming into the United
States;
- Construction
of roads and fences and installation of lighting to block drug
smuggling across U.S. borders;
- Establishment
of command, control, communication and computer networks for improved
integration of law enforcement, active military, and National
Guard activities;
- Linguistics
and intelligence; and
- Aerial
and ground reconnaissance.
Beyond
the aggregate country breakdowns provided in the charts below, little
information is available about how money is expended within these
nine categories. However, information from the annual foreign
military training report makes clear that this category is one
of the main funding sources for the training of Latin American militaries.
As
the tables below indicate, Section 1004 and Section 124 expenditures
are often reported regionally as well as by country. Explaining
their reporting format, Deputy Assistant Secretary of Defense for
Drug Enforcement Policy and Support Ana Maria Salazar says, "Regional
breakdowns are required since most of our high-dollar programs are
mobile and cover a large geographic area (e.g., the Relocatable
Over-the-Horizon Radars, Caribbean
Basin Radar Network, and aerial and surface platforms)."1
Section
1004 funds are appropriated in a line item in the Defense appropriation
entitled "Drug Interdiction and Counter-Drug Activities." This single
line in the defense budget includes all Pentagon counter-drug activities
beyond the military's normal operations (known as "OPTEMPO"). |
Programs
authorized by Sections 124 and 1004 apply only to the Defense
Department's involvement in counternarcotics. Activities authorized
by Section 1004 must fulfill a counternarcotics mission. Section
124 establishes that the Defense Department is "the single lead
agency of the Federal Government for the detection and monitoring
of aerial and maritime transit of illegal drugs into the United
States." Defense Department personnel may operate equipment necessary
to intercept vessels or aircraft suspected of smuggling drugs outside
the land area of the United States. Section 124 does not authorize
military personnel to accompany host-nation forces on counter-drug
operations or to "intentionally expose themselves to situations
where hostilities are imminent." Section 124 does not allow
the Defense Department to provide counter-drug assistance.
Unlike
Section 124, which is part of Title 10, U.S. Code, Section 1004
of the 1991 National Defense Authorization Act (NDAA) is not a permanent
measure. It was originally authorized for four years, set to expire
in 1995. In the 1995 NDAA, Section 1004 was renewed and set to expire
in fiscal year 1999. "Section 1004" funding was extended again,
until fiscal year 2002, by Section 1021 of the 1999 NDAA. The 2002
NDAA, in Section 1021, extended Section 1004 funding again, until
fiscal year 2006. The 2007 NDAA, in Section 1021, extends Section
1004 through 2011.
Condition
Because
it is funded through the defense budget, Section 1004 is not subject
to the same limitations on assistance as "traditional" programs,
like IMET, that are funded through
the foreign aid process. The only legal condition prohibiting the
provision of assistance under Section 1004 is Section 8092 of the
2001 Defense Department Appropriations Act, also known as the "Leahy
Law." This measure, which must be renewed yearly, restricts
training for units of foreign security forces that abuse human rights
unless "all necessary corrective steps" are taken.
Report
Until
2001, there were no significant reporting requirements in the law
governing Section 1004-authorized programs. This was rectified for
2001 by section 1022 of the 2001 National Defense Authorization
Act (H.R. 4205, Public Law 106-398). This provision requires the
Secretary of Defense to submit a report to the congressional defense
committees detailing the Defense Department’s counter-drug assistance
to foreign governments during fiscal year 2000. The report was submitted
just before its January 1, 2001 due date.
The
report must include (1) the total amount of assistance provided
to, or spent on behalf of, the foreign government; (2) a description
of the types of counter-drug activities carried out using the assistance;
and (3) an explanation of the legal authority (such as “Section
1004”) that allowed the aid to be provided.
This
reporting requirement was repeated in 2002, covering Section 1004
aid in Fiscal year 2001. However, it disappeared from the National
Defense Authorization Acts for 2003, 2004 and 2005. (This is why
the table below lacks information for 2002, 2003, and 2004.)
The
report was reinstated in the 2006 National Defense Authorization
Act, and was to be turned in to the congressional defense committees
by April 15, 2006.
- [PDF]
2000 report, issued in 2001.
- [PDF]
2001 report, issued in 2002.
- [PDF]
2005 report, issued in 2006 - this report only includes one
type of assistance authorized by Section 1004: construction
of military and police facilities. It does not give a full picture
of Section 1004 aid in 2005.
- Text
of the reporting requirement.
- Click
here to read the text of Section 1004 of the 1991 National
Defense Authorization Act (P.L. 101-510), as amended.
|
While Section
1004 expanded the Defense Department's overseas anti-drug role, several
of the activities it authorizes (such as "aerial and ground reconnaissance")
fit within the original mandate of Section 124. As a result of this overlap,
the Defense Department's accounting of assistance provided through Sections
1004 and 124 divides it into three categories:
- The "Section
124" category refers to assistance that,
according to the Defense Department's interpretation, is allowed under
Section 124 but not Section 1004.
- The "Section
1004" category refers to assistance that,
according to the Defense Department's interpretation, is allowed under
Section 1004 but not Section 124.
- The "Section
1004/124" category refers to assistance
that, according to the Defense Department's interpretation, is authorized
both by Section 124 and Section 1004.
Section
1004:
| Country
or region |
19972,4 |
1998 3 |
19994 |
200010 |
20018 |
2002 11 |
200311 |
200411 |
200511 |
200611 |
| Antigua
and Barbuda |
18,000 |
0 |
0 |
78,000 |
20,000 |
|
|
|
| |
| Argentina |
274,000 |
215,000 |
0 |
0 |
265,000 |
265,000 |
232,000 |
261,000 |
184,000 |
146,000 |
| Aruba |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
14,000 |
14,000 |
| Bahamas |
507,000 |
549,000 |
608,000 |
1,765,000 |
1,851,000 |
1,374,000 |
1,161,000 |
1,376,000 |
1,525,000 |
1,225,000 |
| Barbados |
151,000 |
135,000 |
346,000 |
277,000 |
725,000 |
439,000 |
383,000 |
406,000 |
406,000 |
171,000 |
| Belize |
108,000 |
296,000 |
269,000 |
134,000 |
401,000 |
388,000 |
272,000 |
271,000 |
202,000 |
249,000 |
| Bolivia |
4,141,000 |
3,285,000 |
3,045,000 |
6,713,000 |
5,450,000 |
4,885,000 |
3,926,000 |
3,971,000 |
5,604,000 |
3,276,000 |
| Brazil |
2,888,000 |
3,436,000 |
1,313,000 |
534,000 |
1,257,000 |
718,000 |
799,000 |
796,000 |
649,000 |
658,000 |
| British
Virgin Islands |
0 |
0 |
0 |
10,000 |
11,000 |
|
| |
| |
| Caribbean
regional |
11,729,000 |
9,166,000 |
14,873,000 |
14,937,000 |
8,884,000 |
83,655,000 |
73,598,000 |
68,454,000 |
53,134,000 |
57,789,000 |
| Chile |
112,000 |
107,000 |
40,000 |
101,000 |
273,000 |
239,000 |
193,000 |
707,000 |
433,000 |
168,000 |
| Colombia |
10,321,000 |
11,775,000 |
35,887,000 |
68,710,000 |
150,042,000 |
117,311,000 |
164,829,000 |
181,429,000 |
155,313,000 |
152,555,000 |
| Costa
Rica |
133,000 |
210,000 |
228,000 |
725,000 |
771,000 |
902,000 |
1,169,000 |
1,134,000 |
742,000 |
853,000 |
| Dominica |
101,000 |
2,000 |
0 |
53,000 |
0 |
|
|
|
| |
| Dominican
Republic |
436,000 |
295,000 |
559,000 |
667,000 |
614,000 |
447,000 |
789,000 |
758,000 |
875,000 |
1,108,000 |
| Ecuador |
1,980,000 |
2,746,000 |
7,010,000 |
11,245,000 |
16,493,000 |
41,064,000 |
36,029,000 |
37,406,000 |
21,085,000 |
22,925,000 |
| El
Salvador |
166,000 |
271,000 |
17,000 |
355,000 |
1,861,000 |
4,002,000 |
5,582,000 |
5,900,000 |
6,575,000 |
6,503,000 |
| Grenada |
0 |
13,000 |
0 |
227,000 |
0 |
|
|
|
| |
| Guatemala |
743,000 |
869,000 |
787,000 |
1,087,000 |
1,166,000 |
699,000 |
757,000 |
769,000 |
661,000 |
682,000 |
| Guyana |
0 |
0 |
0 |
53,000 |
22,000 |
|
|
|
| |
| Haiti |
0 |
0 |
0 |
621,000 |
2,925,000 |
142,000 |
142,000 |
144,000 |
102,000 |
105,000 |
| Honduras |
294,000 |
370,000 |
73,000 |
223,000 |
623,000 |
959,000 |
987,000 |
1,032,000 |
598,000 |
598,000 |
| Jamaica |
137,000 |
152,000 |
384,000 |
408,000 |
567,000 |
434,000 |
428,000 |
456,000 |
1,415,000 |
528,000 |
| Latin
America regional |
50,979,000 |
54,553,000 |
37,346,000 |
48,092,000 |
38,509,000 |
112,148,000 |
104,045,000 |
101,332,000 |
142,426,000 |
146,681,000 |
| Mexico |
37,236,000 |
20,317,000 |
13,591,000 |
13,303,000 |
18,391,000 |
14,848,000 |
13,655,000 |
10,493,000 |
9,650,000 |
10,205,000 |
| Neth.
Antilles |
0 |
0 |
3,944,000 |
8,700,000 |
8,197,000 |
9,823,000 |
12,959,000 |
15,095,000 |
16,672,000 |
17,089,000 |
| Nicaragua |
0 |
0 |
0 |
10,000 |
166,000 |
171,000 |
156,000 |
176,000 |
485,000 |
483,000 |
| Panama |
2,384,000 |
2,591,000 |
638,000 |
645,000 |
1,054,000 |
1,376,000 |
2,575,000 |
1,605,000 |
912,000 |
1,359,000 |
| Paraguay |
945,000 |
520,000 |
293,000 |
178,000 |
298,000 |
325,000 |
515,000 |
1,059,000 |
488,000 |
797,000 |
| Peru |
12,411,000 |
14,462,000 |
9,443,000 |
8,463,000 |
7,295,000 |
11,061,000 |
6,300,000 |
7,070,000 |
7,260,000 |
8,430,000 |
| Puerto
Rico |
208,000 |
280,000 |
78,000 |
0 |
591,000 |
|
|
|
| |
| St.
Kitts and Nevis |
2,000 |
50,000 |
0 |
10,000 |
0 |
|
|
|
| |
| St.
Lucia |
0 |
53,000 |
0 |
89,000 |
1,000 |
|
|
|
| |
| St.
Vincent and the Grenadines |
49,000 |
57,000 |
0 |
25,000 |
0 |
|
|
|
| |
| Suriname |
0 |
0 |
0 |
53,000 |
22,000 |
|
|
|
| |
| Trinidad
and Tobago |
188,000 |
66,000 |
0 |
511,000 |
297,000 |
272,000 |
162,000 |
166,000 |
116,000 |
490,000 |
| Turks
and Caicos |
0 |
0 |
0 |
10,000 |
0 |
|
|
|
| |
| Uruguay |
21,000 |
77,000 |
0 |
0 |
245,000 |
245,000 |
175,000 |
176,000 |
225,000 |
186,000 |
| Venezuela |
4,093,000 |
6,427,000 |
3,333,000 |
2,326,000 |
2,148,000 |
6,230,000 |
5,534,000 |
1,005,000 |
772,000 |
775,000 |
| Total |
142,755,000 |
133,345,000 |
134,105,000 |
191,338,000 |
271,435,000 |
414,422,000 |
437,352,000 |
407,447,000 |
428,509,000 |
425,829,000 |
*All data
are measured in U.S. Dollars.
*Section 1004 funding is combined with Section 1004/124 and Section 124
after 2001.
Section 124:
| Country
or region |
19972,4 |
199833 |
19994 |
200010 |
20018 |
| Bolivia |
70,000 |
12,000 |
0 |
0 |
0 |
| Caribbean
regional |
60,615,000 |
62,765,000 |
60,133,000 |
71,570,000 |
62,973,000 |
| Colombia |
33,463,000 |
28,660,000 |
14,480,000 |
24,129,000 |
13,274,000 |
| Ecuador |
435,000 |
87,000 |
200,000 |
191,000 |
3,204,000 |
| Honduras |
0 |
295,000 |
0 |
35,000 |
31,000 |
| Latin
America regional |
78,330,000 |
29,648,000 |
29,130,000 |
21,904,000 |
38,194,000 |
| Panama |
170,000 |
252,000 |
895,000 |
0 |
0 |
| Peru |
15,879,000 |
9,397,000 |
2,600,000 |
1,554,000 |
2,138,000 |
| Trinidad
and Tobago |
|
|
|
32,000 |
0 |
| Venezuela |
4,907,000 |
3,967,000 |
4,404,000 |
3,583,000 |
4,056,000 |
| Total |
193,869,000 |
135,083,000 |
111,842,000 |
122,998,000 |
123,870,000 |
*All data
are measured in U.S. Dollars.
*Section 124 funding is combined with Section 1004 funding after 2001.
| Country
or region |
19972,4 |
19983 |
19994 |
200010 |
20018 |
| Antigua
and Barbuda |
0 |
1,000 |
6,000 |
0 |
0 |
| Argentina |
0 |
0 |
0 |
8,000 |
0 |
| Aruba |
0 |
0 |
0 |
50,000 |
0 |
| Bahamas |
0 |
125,000 |
3,257,000 |
3,130,000 |
3,354,000 |
| Barbados |
0 |
94,000 |
15,000 |
24,000 |
12,000 |
| Belize |
0 |
0 |
0 |
12,000 |
19,000 |
| Bolivia |
0 |
0 |
0 |
0 |
29,000 |
| Brazil |
0 |
2,000 |
0 |
0 |
17,000 |
| Caribbean
regional |
7,661,000 |
7,935,000 |
9,055,000 |
7,491,000 |
9,372,000 |
| Chile |
0 |
0 |
0 |
0 |
4,000 |
| Colombia |
0 |
0 |
1,377,000 |
11,065,000 |
4,590,000 |
| Costa
Rica |
0 |
0 |
0 |
129,000 |
220,000 |
| Dominican
Republic |
0 |
97,000 |
0 |
14,000 |
22,000 |
| Ecuador |
0 |
0 |
48,000 |
262,000 |
23,000 |
| El
Salvador |
0 |
0 |
0 |
9,000 |
22,000 |
| Grenada |
0 |
0 |
0 |
6,000 |
3,000 |
| Guatemala |
0 |
0 |
0 |
29,000 |
11,000 |
| Honduras |
0 |
0 |
8,000 |
6,000 |
41,000 |
| Jamaica |
0 |
139,000 |
6,000 |
6,000 |
1,000 |
| Latin
America regional |
14,708,000 |
27,085,000 |
50,982,000 |
41,004,000 |
60,116,000 |
| Mexico |
3,104,000 |
2,581,000 |
5,616,000 |
5,121,000 |
3,215,000 |
| Netherlands
Antilles |
0 |
125,000 |
127,000 |
81,000 |
114,000 |
| Nicaragua |
0 |
2,000 |
0 |
6,000 |
8,000 |
| Panama |
0 |
0 |
169,000 |
471,000 |
241,000 |
| Peru |
0 |
0 |
246,000 |
835,000 |
908,000 |
| Puerto
Rico |
0 |
0 |
0 |
0 |
146,000 |
| St.
Lucia |
0 |
8,000 |
0 |
13,000 |
7,000 |
| St.
Maarten |
0 |
0 |
0 |
0 |
14,000 |
| Trinidad
and Tobago |
0 |
0 |
0 |
57,000 |
26,000 |
| Venezuela |
0 |
0 |
639,000 |
647,000 |
844,000 |
| Total |
25,473,000 |
38,194,000 |
71,551,000 |
70,476,000 |
83,379,000 |
*All
data are measured in U.S. Dollars.
*Section 1004/124 funding is combine with Section 1004 funding after 2001.
Combined
totals, Sections 124 and 1004:
1997:
$362.097 million
1998: $306.622 million
1999: $317.498 million
2000: $384.812 million
2001: $478.684 million
2002: $414.422 million
2003: $437.357 million
2004: $407.447 million
2005: $428.509 million
2006: $425.829 million
Top
recipients of Section 1004 funding:
| Rank |
1997 |
1998
|
1999 |
2000 |
2001 |
2002 |
2003 |
2005 |
2005 |
2006 |
| 1 |
Mexico |
Mexico |
Colombia |
Colombia |
Colombia |
Colombia |
Colombia |
Colombia |
Colombia |
Colombia |
| 2 |
Peru |
Peru |
Mexico |
Mexico |
Mexico |
Ecuador |
Ecuador |
Ecuador |
Ecuador |
Ecuador |
| 3 |
Colombia |
Colombia |
Peru |
Ecuador |
Ecuador |
Mexico |
Mexico |
Mexico |
Mexico |
Mexico |
| 4 |
Bolivia |
Venezuela |
Ecuador |
Neth.
Antilles |
Neth.
Antilles |
Peru |
Neth.
Antilles |
Neth.
Antilles |
Neth.
Antilles |
Neth.
Antilles |
| 5 |
Venezuela |
Brazil |
Venezuela |
Peru |
Peru |
Neth.
Antilles |
Peru |
Peru |
Peru |
Peru |
| 6 |
Brazil |
Bolivia |
Bolivia |
Bolivia |
Bolivia |
Venezuela |
Venezuela |
El
Salvador |
El
Salvador |
El
Salvador |
| 7 |
Panama |
Ecuador |
Neth.
Antilles |
Venezuela |
Haiti |
Bolivia |
El
Salvador |
Bolivia |
Bolivia |
Bolivia |
| 8 |
Ecuador |
Panama |
Venezuela |
Bahamas |
Venezuela |
El
Salvador |
Bolivia |
Panama |
Bahamas |
Panama |
| 9 |
Paraguay |
Guatemala |
Bolivia |
Guatemala |
El
Salvador |
Panama |
Panama |
Bahamas |
Jamaica |
Bahamas |
| 10 |
Guatemala |
Bahamas |
Brazil |
Costa
Rica |
Bahamas |
Bahamas |
Bahamas |
Costa
Rica |
Panama |
Dominican
Republic |
Sources:
1
Ana Maria Salazar, deputy assistant secretary of defense for drug enforcement
policy and support, United States Department of Defense, letter in response
to congressional inquiry, Mar. 19, 1999.
2
H. Allen Holmes, coordinator for drug enforcement policy and support,
United States Department of Defense, letter in response to congressional
inquiry, Jan. 23, 1998.
This letter includes the following footnotes:
(1) Caribbean: FY97 reflects actual OPTEMPO; FY98 is estimated.
(2) Colombia: FY97 reflects commercialization of Ground Mobile Radars.
3
Salazar 1999.
4
United States, Department of Defense, Office of the Deputy Assistant Secretary
of Defense for Drug Enforcement Policy and Support, correspondence with
authors, September 21, 2000.
5
United States, Department of Defense, "Report on Department of Defense
Expenditures To Support Foreign Counterdrug Activities", Washington, December
29, 2000.
United States Congress, Conference Report 106-701 on H.R. 3908, June 29,
2000 <http://ciponline.org/colombia/confrept.pdf>.
6
United States, Department of Defense, "DoD Andean Initiative FY02 - Colombia",
Washington, Document obtained September 19, 2001.
Letter from
Robert J. Newberry, Principal Deputy of Defense for Counternarcotics,
to Sen. Patrick Leahy (Washington: November 24, 2003).
7
United States, Department of State, "A Report to Congress on United States
Policy Towards Colombia and Other Related Issues", Washington, December
3, 2002: 14 <http://ciponline.org/colombia/02120302.htm>.
Letter from
Robert J. Newberry, Principal Deputy of Defense for Counternarcotics,
to Sen. Patrick Leahy (Washington: November 24, 2003).
8
United States, Department of Defense, Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, Report required by the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(P.L. 106-398), (Washington: April 18, 2002).
9
Connie Veillette, Congressional Research Service, Andean Counterdrug
Initiative (ACI) and Related Funding Programs: FY2006 Assistance (Washington:
CRS, January 27, 2006) <http://fpc.state.gov/documents/organization/60720.pdf>.
10
United States, Department of Defense, Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, Report required by the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(P.L. 106-398), (Washington: December 18, 2000).
11
United States, Department of Defense, Office of Freedom of Information,
Freedom of Information Act Request by Marina Walker Guevara, Ref: 06-F-0839
(Washington: September 26, 2006).
|
