MEMORANDUM OF JUSTIFICATION
FOR USE OF SECTION 506(a)(2) SPECIAL AUTHORITY
TO DRAW DOWN ARTICLES, SERVICES, AND MILITARY EDUCATION AND TRAINING

The President's national drug control strategy includes as a central element the need to increase the capability of foreign governments to interdict drugs en route through their countries, and thus reduce the flow of drugs into the United States. We propose to utilize section 506(a)(2) of the Foreign Assistance Act of 1961, as amended (FAA), to direct a drawdown of up to $37.0 million for FY 1997 from Department of Defense inventory and resources to provide articles, services, and training to be provided for anti-narcotics purposes to the Government of Mexico.

The special authority of section 506(a)(2) is reserved to the President. Section 506(a)(2)(B) provides that an aggregate value of not more than $150 million in any fiscal year of articles, services and military education and training may be provided under section 506(a)(2)(A). Section 506(a)(2)(B) provides further that not more than $75 million may be provided from the drawdown from the inventory and resources of the Department of Defense; not more than $75 million may be provided for international narcotics control assistance (pursuant to chapter 8 of part I of the FAA); and not more than $15 million may be provided for POW/MIA activities to Vietnam, Laos, and Cambodia. To direct a section 506(a)(2) drawdown, the President must determine that to do so is "in the national interest of the United States." We would authorize the drawdown during fiscal year 1997, with the result that it would count against this year's ceilings.

Controlling the flow of narcotics through Mexico is an essential element of U.S. drug control policy. Mexico is a major source country for heroin and marijuana and is the principal transit route for South American cocaine entering the United States. Since Mexican President Ernesto Zedillo's inauguration, the Government of Mexico has demonstrated a much stronger interest in close cooperation with the U.S. in counterdrug efforts. An important aspect of President Zedillo's counternarcotics strategy is to strengthen the operational involvement of the Mexican military in support of law enforcement authorities. The Mexican military establishment is now committed to the counternarcotics effort, but needs our assistance. It has created 12 new counternarcotics special forces unites for interdiction action along the border and elsewhere, and we are engaged in various programs to train and equip them.

These forces will not be effective, however, without greatly increased tactical mobility. Mexico's Defense Secretary Cervantes has requested USG support, and we seek to provide them with up to 73 UH-1H helicopters. We have already notified Congress of our intent to transfer the first 20 UH-1H helicopters to Mexico under excess equipment grant authority. We now wish to provide the Mexican Secretariat of Defense with another 53 UH-1H helicopters with two years of spare parts and ground support equipment. Including packing, crating, and handling charges, the total package comes to $25.0 million in articles and services.

We also wish to strengthen Mexico's surveillance capability by providing Mexico with four C-26 surveillance / transport aircraft valued at $12.0 million.

We will pass aircraft title to the Government of Mexico. Section 484(a)(1) of the FAA provides that aircraft "made available to a foreign country primarily for narcotics-related purposes ... shall be provided only on a lease or loan basis." Section 484(a)(2) provides that subsection (1) shall not apply to the extent that retention of title would be "contrary to the national interest of the United States," and if appropriate congressional committees are notified.

It would be contrary to our national interests to retain title in this case. Counternarcotics activities are the linchpin of USG efforts to enhance the national security of the U.S. and Mexico through greater cooperation between our military forces. Transfer of aircraft title reflects our expectation that the Mexican military counterdrug forces will be full, permanent partners in our fight against illicit narcotics trafficking. As noted above, we are preparing to transfer 20 excess helicopters to Mexico and are now in the process of detailing the specifics of end-use monitoring for these helicopters under our FAA section 505 agreement with Mexico. Effective end-use monitoring of all these aircraft in Mexico is of special concern to the Administration and the Congress, and we will make a particular effort to keep the Congress advised of the future of our end-use monitoring system.

Use of section 506(a)(2) for anti-narcotics purposes requires 15-day prior notification to the Speaker of the House, the Senate Foreign Relations Committee, the House International Relations Committee, and the Senate and House Appropriations Committees. Under Section 652A of the FAA, the President must notify the Speaker of the House and the Senate Foreign Relations Committee. Section 515 of the FY 1994 Foreign Operations Appropriations Act also requires a 15-day notification in accordance with "the regular notification procedures" of the appropriations committees. Notification regarding transfer of aircraft title is combined with the notifications required under Section 506(a)(2).