(1) MONITORING.-The President, with the assistance of appropriate Federal agencies, shall monitor any use under this chapter of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals.

(2) 474 ANNUAL REPORTS.-In the annual report required by section 489(a),475 the President shall report on the impact on the environment and the health of individuals of the use under this chapter of a herbicide for aerial eradication.

(3) REPORT UPON DETERMINATION OF HARM TO ENVIRONMENT OR HEALTH. If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs 476 of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.

(e) 477 DEFINITIONS.-For purposes of this chapter and other provisions of this Act relating specifically to international narcotics

matters

(1) the term "legal and law enforcement measures" means

(A) the enactment and implementation of laws and regulations or the implementation of existing laws and regulations to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and

(B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control;

(2) 478 the term "major illicit drug producing country" means a country in which

"(5)(A) The President, with the assistance of appropriate Federal agencies, shall monitor any use under this chapter of a herbicide in the aerial eradication of coca in order to determine the impact of such use on the environment and on the health of individuals.

"(B) The President shall report on such impact in the annual report required by subsection (e).

"(C) If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.".

474 Sec. 101(a) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447; 108 Stat. 4691) struck out para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3). Paragraph (2) formerly required that the Secretary of State inform the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency of the use or intended use by any country or international organization of any herbicide for aerial eradication in a program receiving assistance under this chapter.

475 Sec. 6(b)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) struck out "subsection (e)" and inserted in lieu thereof "section 489(a)".

476 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.

477 Sec. 101(b)(1) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out "Except as provided in sections 490(h) and (i) with respect to the definition of major illicit drug producing country and major drug-transit country, for" as the opening clause of subsec. (e), inserting in lieu thereof "For". Previously, sec. 6(b)(3) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) amended and restated the opening sentence of subsec. (e). Subsec. (e) was originally added by sec. 1003(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1053).

478 Sec. 101(b)(2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended and restated para. (2), changing the measure of "major illicit

(A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;

(B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or

(C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States;

(3) the term "narcotic and psychotropic drugs and other controlled substances" has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country of countries concerned;

(4) 479 the term "United States assistance" means

(A) any assistance under this Act (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation), other than—

(i) assistance under this chapter,

to

(ii) any other narcotics-related assistance under this part (including chapter 4 of part II), but any such assistance provided under this clause shall be subject to the prior notification procedures procedures applicable reprogrammings pursuant to section 634A of this Act, (iii) disaster relief assistance, including any assistance under chapter 9 of this part,

(iv) assistance which involves the provision of food (including monetization of food) or medicine, and (v) assistance for refugees;

(B) sales, or financing on any terms, under the Arms Export Control Act;

(C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; and

(D) financing under the Export-Import Bank Act of 1945; (5) 4 480 the term "major drug-transit country" means a country—

(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or 481

(B) through which are transported such drugs or substances; 482

(6) 482 the term "precursor chemical" has the same meaning as the term “listed chemical" has under paragraph (33) of sec

drug producing country" from quantity of production to acreage devoted to production. Previously, sec. 17(e) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para. (2), adding emphasis on illicit production.

479 Sec. 5(b) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4931) amended and restated par. (4).

480 Para. (5) was added by sec. 2005(c)(3) of Public Law 95-570 (100 Stat. 3207-63).

481 Sec. 1519(c) of the Housing and Community Development Act of 1992 (Public Law 102550; 106 Stat. 4060) (1) inserted "or" at the end of subpar. (A); (2) struck out "or" at the end of subpar. (B) and inserted a period (but did not strike out semicolon); and (3) struck out subpar. (C), which formerly read "(C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government.".

482 Sec. 11(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) struck out a period at the end of par. 5; inserted "; and"; and added par. (6). Subsequently, sec. 101(b) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out "; and", redesignated para. (6) as para. (8), and added new paras. (6) and (7).

tion 102 of the Controlled Substances Act (21 U.S.C. 802(33); 483

(7) 482 the term "major money laundering country" means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and

(8) 482 the term "appropriate congressional committees" means the Committee on Foreign Affairs 484 and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Sec. 482.485 Authorization.-(a) 486 (1) To carry out the purposes of section 481, there are authorized to be appropriated to the

483 Para. (33) of section 102 of the Controlled Substances Act (21 U.S.C. 802(33) defines “listed chemical" as "any list I chemical or any list II chemical". List I chemicals are listed in para. (34) of that section; list II chemicals in para. (35).

484 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.

485 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the Foreign Relations Authorization Act of 1972, was amended and restated by sec. 3 of the International Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 614). It formerly read as follows:

"SEC. 482. AUTHORIZATION.—To carry out the purposes of section 481, there are authorized to be appropriated to the President $42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for the fiscal year 1976, no part of which may be obligated for or on behalf of any country where illegal traffic in opiates has been a significant problem unless and until the President determines and certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that assistance furnished to such country pursuant to the authority in this chapter is significantly reducing the amount of illegal opiates entering the international market, and not to exceed $34,000,000 for the fiscal year 1977. Amounts appropriated under this section are authorized to remain available until expended.".

486 Subsection designation "(a)" and the original text of subsec. (b) were added by sec. 5(b) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731). Subsec. (a) was further amended and restated by sec. 3 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701); and further amended by Sec. 402(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149). The 1980 amendment, in addition to other changes in subsection (a), struck out a paragraph which had earmarked $16 million for Colombia during fiscal year 1980 for a variety of items used in the interdiction of drug traffic.

Subsec. (a) was further amended and restated when sec. 502(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1539) substituted the authorization levels for fiscal years 1982 and 1983 in lieu of the figure for fiscal year 1981 and deleted a paragraph limiting the fiscal year 1981 U.S. contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or 50 percent of total contributions, whichever is less.

Subsec. (a) was further amended when sec. 4201 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set the fiscal year 1989 authorization level and struck out the following:

"In addition to the amounts authorized by the preceding sentence, there are authorized to be appropriated to the President $45,000,000 for the fiscal year to 1987 to carry out the purposes of section 481, except that funds may be appropriated pursuant to this additional authorization only if the President has submitted to the Congress a detailed plan for the expenditure of those funds, including a description of how regional cooperation on narcotics control matters would be promoted by the use of those funds. Of the funds authorized to be appropriated by the preceding sentence, not less that $10,000,000 shall be available only to provide helicopters or other aircraft to countries receiving assistance for fiscal year 1987 under this chapter. These funds shall be used primarily for aircraft which will be based in Latin America for use for narcotics control eradication and interdiction efforts throughout the region. These aircraft shall be used solely for narcotics control, eradication, and interdiction efforts.".

Para. (3) subsec. (a), added by sec. 614 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 231), was struck out by the International Narcotics Control Act of 1988. It previously read as follows:

"(3) Funds authorized to be appropriated by this section for fiscal year 1986 and for fiscal year 1987 may be used for a contribution to the United Nations Fund for Drug Abuse Control only if that organization includes in its crop substitution projects a plan for cooperation with the law enforcement forces of the host country.".

President $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994.487

487 Authorizations under sec. 482 during recent years included the following: fiscal year 1975-$42,500,000; fiscal year 1976 $40,000,000; fiscal year 1977-$34,000,000; fiscal year 1978 $39,000,000; fiscal year 1979-$40,000,000; fiscal year 1980-$51,758,000; fiscal year 1981-$38,573,000; fiscal year 1982-$37,700,000; fiscal year 1983-$37,700,000; fiscal year 1984-$47,000,000; fiscal year 1985-no authorization; fiscal years 1995 through 2002—no authorization.

Sec. 602 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The authorization amount for 1987 was subsequently amended by sec. 401 of Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Štat. 3207-60). Sec. 16 of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964) added authorization for fiscal year 1990 ($115,000,000). Sec. 5 of the International Narcotics Control Act of 1990 (Public Law 101-623; 104 Stat. 3354) authorized $150,000,000 for fiscal year 1991. Sec. 3 of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914) added authorization for fiscal years 1993 and 1994.

Congress did not enact an authorization for fiscal year 2002. Instead, the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115), waived the requirements for authorization, and title II of that Act (115 Stat. 2130) provided the following:

"DEPARTMENT OF STATE

"INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

"For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $217,000,000, to remain available until expended: Provided, That any funds made available under this heading for anti-crime programs and activities shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That during fiscal year 2002, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, $10,000,000 should be made available for anti-trafficking in persons programs, including trafficking prevention, protection and assistance for victims, and prosecution of traffickers: Provided further, That of the funds appropriated under this heading, not more than $21,738,000 may be available for administrative expenses.

"ANDEAN COUNTERDRUG INITIATIVE

"For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 solely to support counterdrug activities in the Andean region of South America, $625,000,000, to remain available until expended: Provided, That in addition to the funds appropriated under this heading and subject to the regular notification procedures of the Committees on Appropriations, the President may make available up to an additional $35,000,000 for the Andean Counterdrug Initiative, which may be derived from funds appropriated under the heading 'International Narcotics Control and Law Enforcement' in this Act and in prior Acts making appropriations for foreign operations, export financing, and related programs: Provided further, That of the amount appropriated under this heading, not less than $215,000,000 shall be apportioned directly to the United States Agency for International Development, to be used for economic and social programs: Provided further, That funds appropriated by this Act that are used for the procurement of chemicals for aerial coca fumigation programs may be made available for such programs only if the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Department of Agriculture, and, if appropriate, the Director of the Centers for Disease Control and Prevention, determines and reports to the Committees on Appropriations that: (1) aerial coca fumigation is being carried out in accordance with regulatory controls required by the Environmental Protection Agency as labeled for use in the United States, and after consultation with the Colombian Government to ensure that the fumigation is in accordance with Colombian laws; (2) the chemicals used in the aerial fumigation of coca, in the manner in which they are being applied, do not pose unreasonable risks or adverse effects to humans or the environment; and (3) procedures are available to evaluate claims of local citizens that their health was harmed or their licit agricultural crops were damaged by such aerial coca fumigation, and to provide fair compensation for meritorious claims; and such funds may not be made available for such purposes after six months from the date of enactment of this Act unless alternative development programs have been developed, in consultation with communities and local authorities in the departments in which such aerial coca fumigation is planned, and in the departments in which such aerial coca fumigation has been conducted such programs are being implemented: Provided further, That none of the funds appropriated by this Act may be made available to support a Peruvian air interdiction program until the Secretary of State and Director of Central Intelligence certify to the Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to Continued

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

(b) 488 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.

ensure

(c) 489 CONTRIBUTIONS AND REIMBURSEMENT.-(1) To 490 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) 491 (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

the April 20, 2001 incident: 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, as amended, shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That section 3204(b)(1)(A) of Public Law 106-246 is amended by striking '500' and inserting in lieu thereof '400', and section 3204(b)(1)(B) of Public Law 106-246 is amended by striking '300' and inserting in lieu thereof '400': Provided further, That the President shall ensure that if any helicopter procured with funds under this heading is used to aid or abet the operations of any illegal self-defense group or illegal security cooperative, such helicopter shall be immediately returned to the United States: Provided further, That funds made available under this heading shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not more than $14,240,000 may be available for administrative expenses of the Department of State, and not more than $4,500,000 may be available for administrative expenses of the United States Agency for International Development.".

For relevant sections of Public Law 106-246, see Legislation on Foreign Relations Through 2001, vol. I-B.

See also in that Act: under title II-Assistance for Eastern Europe and the Baltic States (115 Stat. 2126); under title V-sec. 515-Notification Requirements (115 Stat. 2142); sec. 551-Special Debt Relief for the Poorest (115 Stat. 2157); and sec. 591-Modification to the Annual Drug Certification Procedures (115 Stat. 2174).

488 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.

489 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.

490 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”. 491 Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added paras. (2) and (3).