National Defense Authorization Act, 1997 | National Defense Authorization Act, 1998
House Committee Report 104-724, FY 1997 | Conference Committee Report 105-340, FY 1998

From the 1997 National Defense Authorization Act (P.L. 104-201):

Subtitle C--Counter-Drug Activities

SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF MEXICO.

(a) AUTHORITY TO PROVIDE ADDITIONAL SUPPORT- Subject to subsection (e), during fiscal year 1997, the Secretary of Defense may provide the Government of Mexico with the support described in subsection (b) for the counter-drug activities of the Government of Mexico. The support provided under the authority of this subsection shall be in addition to support provided to the Government of Mexico under any other provision of law.

(b) TYPES OF SUPPORT- The authority under subsection (a) is limited to the provision of the following types of support:

(1) The transfer of nonlethal protective and utility personnel equipment.

(2) The transfer of the following nonlethal specialized equipment:

(A) Navigation equipment.

(B) Secure and nonsecure communications equipment.

(C) Photo equipment.

(D) Radar equipment.

(E) Night vision systems.

(F) Repair equipment and parts for equipment referred to in subparagraphs (A), (B), (C), (D), and (E).

(3) The transfer of nonlethal components, accessories, attachments, parts (including ground support equipment), firmware, and software for aircraft or patrol boats, and related repair equipment.

(4) The maintenance and repair of equipment of the Government of Mexico that is used for counter-drug activities.

(c) APPLICABILITY OF OTHER SUPPORT AUTHORITIES- Except as otherwise provided in this section, the provisions of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) shall apply to the provision of support under this section.

(d) FUNDING- Of the amount authorized to be appropriated under section 301(19) for drug interdiction and counter-drug activities, not more than $8,000,000 shall be available for the provision of support under this section.

(e) LIMITATIONS- (1) The Secretary may not obligate or expend funds to provide support under this section until 15 days after the date on which the Secretary submits to the committees referred to in paragraph (3) the certification described in paragraph (2).

(2) The certification referred to in paragraph (1) is a written certification of the following:

(A) That the provision of support under this section will not adversely affect the military preparedness of the United States Armed Forces.

(B) That the equipment and materiel provided as support will be used only by officials and employees of the Government of Mexico who have undergone a background check by that government.

(C) That the Government of Mexico has certified to the Secretary that--

(i) the equipment and material provided as support will be used only by the officials and employees referred to in subparagraph (B);

(ii) none of the equipment or materiel will be transferred (by sale, gift, or otherwise) to any person or entity not authorized by the United States to receive the equipment or materiel; and

(iii) the equipment and materiel will be used only for the purposes intended by the United States Government.

(D) That the Government of Mexico has implemented, to the satisfaction of the Secretary, a system that will provide an accounting and inventory of the equipment and materiel provided as support.

(E) That the departments, agencies, and instrumentalities of the Government of Mexico will grant United States Government personnel access to any of the equipment or materiel provided as support, or to any of the records relating to such equipment or materiel, under terms and conditions similar to the terms and conditions imposed with respect to such access under section 505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).

(F) That the Government of Mexico will provide security with respect to the equipment and materiel provided as support that is substantially the same degree of security that the United States Government would provide with respect to such equipment and materiel.

(G) That the Government of Mexico will permit continuous observation and review by United States Government personnel of the use of the equipment and materiel provided as support under terms and conditions similar to the terms and conditions imposed with respect to such observation and review under section 505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).

(3) The committees referred to in this paragraph are the following:

(A) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(B) The Committee on National Security and the Committee on International Relations of the House of Representatives.

From the 1998 National Defense Authorization Act (P.L. 105-85):

SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF MEXICO.

(a) Extension of Authority; Consultation of Secretary of State.--Subsection (a) of section 1031 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2637), is amended--

(1) by striking out ``fiscal year 1997'' and inserting in lieu thereof ``fiscal years 1997 and 1998''; and

(2) by inserting after the first sentence the following new sentence: ``In providing support to the Government of Mexico under this section, the Secretary of Defense shall consult with the Secretary of State.''.

(b) Extension of Availability of Funds.--Subsection (d) of such section is amended--

(1) by striking out ``not more than'' and inserting in lieu thereof ``an amount not to exceed''; and

(2) by adding at the end the following new sentences: ``Funds made available for fiscal year 1997 under this subsection and unobligated by September 30, 1997, may be obligated during fiscal year 1998. No funds are authorized to be appropriated for fiscal year 1998 for the provision of support under this section.''.

From House of Representatives Committee Report 104-724:

The conferees also include a provision from the Senate amendment (sec. 1031) that would grant the Secretary of Defense the authority to provide additional support for the counter-drug activities of the Government of Mexico. This provision would authorize the Secretary to transfer non-lethal protective and utility personnel equipment, spare parts, and non-lethal specialized equipment, such as navigation equipment, communications equipment, and photo equipment, to Mexico. The conferees wish to make clear that the Secretary would only be authorized to transfer equipment specified by this provision and in no way could use this authority to transfer helicopters or other aircraft.

From Conference Committee Report 105-340 on 1998 National Defense Authorization Act, October 23, 1997:

Although, the conferees are pleased with the initial progress that has been made with these initiatives, the conferees are concerned about the early difficulties in fulfilling some of the goals of the Mexico-Southwest Border Initiative. Due to the delay caused by these difficulties, the administration has requested an extension of the authority to provide assistance to the Government of Mexico. That authority was originally provided for a single year with the understanding that future support would be provided from funds available to the Department of State pursuant to the Foreign Assistance Act of 1961. Unfortunately, the administration failed to provide the necessary funds within the fiscal year 1998 budget request of the Department of State. If it is the intent of the administration to turn such international counter-drug activities of the United States over to the Department of Defense for execution, the conferees believe that this intent should be demonstrated within the budget request by shifting funds from the State Department's counternarcotics budget to that of the Department of Defense. However, because the conferees understand the value of this particular assistance and the need to explore all available options to stem the flow of drugs across the Southwest border, the conferees agree to a provision (sec. 1032), that would extend for one year the authority to provide additional support for counter-drug activities of the government of Mexico. The total amount of support provided pursuant to this authority would be limited to $8.0 million for the two year period from fiscal year 1997 to 1998. In providing this support, the Secretary of Defense would be required to consult with the Secretary of State.

Authority to provide additional support for counter-drug activities of the Government of Mexico (sec. 1032) The Senate amendment contained a provision (sec. 1021) that would extend for one year the authority to provide additional support for counterdrug activities of the Government of Mexico. The House bill contained no similar provision.

The House recedes with an amendment that would extend for one year the authority to provide additional support for counter-drug activities of the Government of Mexico. The total amount of support provided pursuant to this authority would be limited to $8.0 million for the two year period from fiscal year 1997 to 1998. In providing this support, the Secretary of Defense would be required to consult with the Secretary of State.