FY 1998 National Defense Authorization Act | Conference Committee Report 105-340, FY 1998 | House Committee Report 105-532, FY 1999 | Conference Committee Report 105-736, FY 1999

AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.

(a) Authority To Provide Support.--

(1) Subject to subsection (f), the Secretary of Defense may provide any of the foreign governments named in subsection (b) with the support described in subsection (c) for the counter-drug activities of that government. In providing support to a government under this section, the Secretary of Defense shall consult with the Secretary of State. The support provided under the authority of this section shall be in addition to support provided to the governments under any other provision of law.

(2) <<NOTE: Expiration date.>> The authority to provide support to a government under this section expires September 30, 2006.

(b) Governments Eligible To Receive Support.--The foreign governments eligible to receive counter-drug support under this section are as follows:

(1) The Government of Peru.

(2) The Government of Colombia.

(3) The Government of Afghanistan.

(4) The Government of Bolivia.

(5) The Government of Ecuador.

(6) The Government of Pakistan.

(7) The Government of Tajikistan.

(8) The Government of Turkmenistan.

(9) The Government of Uzbekistan.

(c) Types of Support.--The authority under subsection (a) is limited to the provision of the following types of support to a government named in subsection (b):

(1) The types of support specified in paragraphs (1), (2), and (3) of section 1031(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2637).

(2) The transfer of patrol boats.

(3) The maintenance and repair or upgrade of equipment of the government that is used for counter-drug activities.

(d) 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.

(e) Fiscal Year 1998 Funding; Limitation on Obligations.--

(1) Of the amount authorized to be appropriated under section 301(20) for drug interdiction and counter-drug activities, an amount not to exceed $9,000,000 shall be available for the provision of support under this section.

(2) Amounts made available to carry out this section shall remain available until expended, except that the total amount obligated and expended under this section may not exceed $20,000,000 during any of the fiscal years 1999 through 2003, or $40,000,000 during any of the fiscal years 2004 through 2006.

(f) Condition on Provision of Support.--

(1) The Secretary of Defense may not obligate or expend funds during a fiscal year to provide support under this section to a government named in subsection (b) until the end of the 15-day period beginning on the date on which the Secretary submits to the congressional committees the written certification described in subsection (g) for that fiscal year.

(2) In the case of the first fiscal year in which support is to be provided under this section to a government named in subsection (b), the obligation or expenditure of funds under this section to provide support to that government shall also be subject to the condition that--

(A) the Secretary submit to the congressional committees the counter-drug plan described in subsection (h); and

(B) a period of 60 days expires after the date on which the report is submitted.

(3) In the case of subsequent fiscal years in which support is to be provided under this section to a government named in subsection (b), the obligation or expenditure of funds under this section to provide support to that government shall also be subject to the condition that the Secretary submit to the congressional committees any revision of the counter-drug plan described in subsection (h) applicable to that government.

(4) For purposes of this subsection, the term ``congressional committees'' means 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.

(g) Required Certification.--The written certification required by subsection (f)(1) for a fiscal year is a certification of the following with respect to each government to receive support under this section:

(1) That the provision of the support to the government will not adversely affect the military preparedness of the United States Armed Forces.

(2) That the equipment and materiel provided as support will be used only by officials and employees of the government who have undergone background investigations by that government and have been approved by that government to perform counter-drug activities on the basis of the background investigations.

(3) That the government has certified to the Secretary of Defense that--

(A) the equipment and material provided as support will be used only by the officials and employees referred to in paragraph (2);

(B) 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

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

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

(5) That the departments, agencies, and instrumentalities of the government 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)).

(6) That the government 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.

(7) That the government 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)).

(h) Counter-Drug Plan.--The Secretary of Defense, in consultation with the Secretary of State, shall prepare for fiscal year 2004 (and revise as necessary for subsequent fiscal years) a counter-drug plan involving the governments named in subsection (b) to which support will be provided under this section. The plan for a fiscal year shall include the following with respect to each government to receive support under this section:

(1) A detailed security assessment, including a discussion of the threat posed by illicit drug traffickers in the foreign country.

(2) An evaluation of previous and ongoing counter-drug operations by the government.

(3) An assessment of the monitoring of past and current assistance provided by the United States under this section to the government to ensure the appropriate use of such assistance.

(4) A description of the centralized management and coordination among Federal agencies involved in the development and implementation of the plan.

(5) A description of the roles and missions and coordination among agencies of the government involved in the development and implementation of the plan.

(6) A description of the resources to be contributed by the Department of Defense and the Department of State for the fiscal year or years covered by the plan and the manner in which such resources will be utilized under the plan.

(7) For the first fiscal year in which support is to be provided under this section, a schedule for establishing a counter-drug program that can be sustained by the government within five years, and for subsequent fiscal years, a description of the progress made in establishing and carrying out the program.

(8) A reporting system to measure the effectiveness of the counter-drug program.

(9) A detailed discussion of how the counter-drug program supports the national drug control strategy of the United States.

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

The conferees agree to authorize an increase of $4.2 million to the Department's counterdrug program for riverine operations and include a provision (sec. 1033), that would grant a five year authorization to the Secretary of Defense, in consultation with the Secretary of State, to assist the Peruvian and Colombian governments with the acquisition of the requisite equipment to actively engage riverine counter-drug activities. The amount of support that could be provided pursuant to this authority would be limited to $9.0 million in fiscal year 1998 and $20.0 million during any of the fiscal years 1999 through 2002. Funds would be restricted from initial obligation until 60 days after the Secretary of Defense, in consultation with the Secretary of State, submits a detailed riverine counter-drug plan to congressional defense committees. The Secretary would also be required to submit any revisions to this plan before obligating any funds for this initiative in the subsequent years.

The conferees direct the Department of Defense, in coordination with other federal agencies involved in counter-narcotic activities, to develop an integrated regional plan to establish a riverine program that can be sustained by the source nations at the end of the five-year period. The Department would be required to provide the details of this plan to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on National Security and International Relations of the House of Representatives before any assistance is provided pursuant to this authority. This plan would provide details as to how the riverine program fits into the overall national drug strategy.

Authority to provide additional support for counter-drug activities of Peru and Colombia (sec. 1033) The Senate amendment contained a provision (sec. 1022) which would grant a five year authorization to the Secretary of Defense to assist the Peruvian and Colombian governments with the acquisition of the requisite equipment to actively engage in the Riverine Operations. The House bill contained no similar provision.

The House recedes with an amendment that would grant a five year authorization to the Secretary of Defense, in consultation with the Secretary of State, to assist the Peruvian and Colombian governments with the acquisition of the requisite equipment to actively engage riverine counter-drug activities. The amount of support that could be provided pursuant to this authority would be limited to $9.0 million in fiscal year 1998 and $20.0 million during any of the fiscal years 1999 through 2002.

House Committee Report 105-532 on 1999 National Defense Authorization Act, May 12, 1998:

Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85) authorized the Secretary of Defense to provide support for the counter-drug activities of the Governments of Peru and Colombia. The committee wishes to clarify that the intent of Congress was to provide nonlethal assistance, including unarmed riverine patrol boats, to establish a riverine interdiction program in Peru and Colombia.

Conference Committee Report 105-736 on 1999 National Defense Authorization Act, September 22, 1998:

Section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85) authorized the Secretary of Defense to provide support for the counter-drug activities of the Governments of Peru and Colombia. The conferees wish to clarify that the intent of Congress was to provide nonlethal assistance, including unarmed riverine patrol boats, to establish a riverine interdiction program in Peru and Colombia. The conferees note that other programs exist in which the Government of Peru can acquire the weaponry necessary to arm these vessels.