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same terms and conditions as funds appropriated pursuant to this chapter.

(B) At the time of submission of the annual congressional presentation documents required by section 634(a), the President shall provide a detailed report on any contributions received in the preceding fiscal year, the amount of such contributions, and the purposes for which such contributions were used.

(3) 491 The President is authorized to provide assistance under this chapter on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used under the same terms

and conditions as funds appropriated pursuant to this chapter. (d) 492 ADMINISTRATIVE ASSISTANCE. 1) Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau designated by the Secretary of State to replace the Bureau for International Narcotics Matters.

(2) Paragraph (1) shall not apply to the extent that it would result in a reduction in funds available for antinarcotics assistance to foreign countries.

(e) 493 ADVANCE NOTIFICATION OF TRANSFER OF SEIZED ASSETS.The President shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity.

(f) 494 TREATMENT OF FUNDS.–Funds transferred to and consolidated with funds appropriated pursuant to this chapter may be made available on such terms and conditions as are applicable to funds appropriated pursuant to this chapter. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this chapter.

(g) 494 EXCESS PROPERTY.-For purposes of this chapter, the Secretary of State may use the authority of section 608, without regard to the restrictions of such section, to receive nonlethal excess property from any agency of the United States Government for the purpose of providing such property to a foreign government under the same terms and conditions as funds authorized to be appropriated for the purposes of this chapter.

Sec. 483.495 Prohibition on Use of Foreign Assistance for Reimbursements for Drug Crop Eradications. Funds made available to carry out this Act may not be used to reimburse persons whose illicit drug crops are eradicated.

492 Sec. 164(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 411), added subsec. (d).

493 Sec. 101(c) of the International Narcotics Control Corrections Act of 1994 (Public Law 103– 447; 108 Stat. 4692) added subsec. (e).

494 Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added secs. (f) and (g).
495 22 U.S.C. 2291b. Sec. 483 was added by sec. 609 of Public Law 99-83 (99 Stat. 230).

SEC. 484.496 REQUIREMENTS RELATING TO AIRCRAFT AND OTHER

EQUIPMENT. (a) RETENTION OF TITLE TO AIRCRAFT.

(1) IN GENERAL. (A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this · chapter, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.

(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).

(2) EXCEPTIONS.—(A) Paragraph (1) shall not apply to the extent that,

(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and

(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable

to reprogramming notifications under section 634A. (B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.

(3) ASSISTANCE FOR LEASING OF AIRCRAFT.-(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the "Foreign Military Financing Program" under section 23 of the Arms Export Control Act may be used to finance the leasing of aircraft under chapter 6 of that Act.

(B) Section 61(a)(3) of that Act shall not apply with respect to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(a)(1)(B) or section 22 of that Act (as appropriate).

(C) To the extent that aircraft so leased were acquired under chapter 5 of that Act, funds used pursuant to this paragraph to finance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges described in section 21(e)(1) of that Act). The funds described in the parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act. (b)497 PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT.The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this chapter are used only in ways that are consistent with the purposes for which such equipment was made available.

496 22 U.S.C. 2291c. Sec. 4(f)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4916) amended and restated sec. 484. Sec. 484 was originally added by sec. 2003 of the International Narcotics Control Act of 1986, and amended by sec. 7 of the International Narcotics Control Act of 1990.

497 Sec. 4(f)(2(B) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck “IN GENERAL” and inserted in lieu thereof “PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT”. Sec. 4(f/2)(D) of that Act redesignated sec. 489(a) as sec. 484(b).

(c) 498 REPORTS.-In the reports submitted pursuant to section 489(a),499 the President shall discuss

(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this chapter, and

(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign coun

try. Sec. 485.500 Records of Aircraft Use.-(a) REQUIREMENT TO MAINTAIN RECORDS.—The President 501 shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section.

(b) CONGRESSIONAL ACCESS TO RECORDS.—The President shall make the records maintained pursuant to subsection (a) available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs 502 of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate.

Sec. 486.503 Reallocation of Funds Withheld from Countries Which Fail to Take Adequate Steps to Halt Illicit Drug Production or Trafficking.

(a) 504 If any funds authorized to be appropriated for any fiscal year for assistance under this Act 505 are not used for assistance for the country for which those funds were allocated because of the requirements of section 490 506 or any other provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production or trafficking, the President shall use those funds for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking, as follows:

funds follicit druen alt illicit

498 Sec. 4(1)(2XD) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4917) redesignated sec. 489(b) as sec. 484(c).

499 Sec. 4(X2XC) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4917) struck out "subsection (e)". and inserted

and inserted in lieu thereof "section 489(a)". 500 22 U.S.C. 2291d. Sec. 485 was added by sec. 2003 of Public Law 99-570 (100 Stat. 320761).

501 Sec. 4(1)(3) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck out “Secretary of State" both places it appeared in sec. 485 and inserted in lieu thereof “President".

502 Sec. 1(aX5) 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.

503 22 U.S.C. 2291e. Sec. 486 was added by sec. 4206(a) of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4270). Sec. 4206(b) of the same act stipulated the following:

"(1) The amendment made by subsection (a) of this section supersedes section 578(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461).

"(2) Funds may be transferred pursuant to paragraph (1) of section 486(a) of the Foreign Assistance Act of 1961 (as enacted by this section) notwithstanding section 514 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (as amended by section 589 of that Act), relating to transfers between accounts.".

504 Sec. 101(dX(1) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out subsec. (a) catchline, which read “ADDITIONAL ASSISTANCE FOR COUNTRIES TAKING SIGNIFICANT STEPS.-”..

505 Sec. 101(dx2) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out "security assistance" and inserted in lieu thereof “assistance under this Act".

506 Sec. 61bX5XA) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4932) struck out “481(h)", and inserted in lieu thereof “490".

(1) INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.—Those funds may be transferred to and consolidated with the funds appropriated to carry out this chapter in order to provide additional narcotics control assistance for those countries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Congress. Transfers may be made under this paragraph without regard to the 20-percent increase limitation contained in section 610(a). This paragraph does not apply with respect to funds made available for assistance under the Arms Export Control Act.

(2) OTHER 507 ASSISTANCE.—Any such funds not used under paragraph (1) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures under section 634A) in order to pro

vide additional 508 assistance for those countries. Sec. 487.509 Prohibition on Assistance to Drug Traffickers.

(a) PROHIBITION.—The President shall take all reasonable steps to ensure that assistance under this Act and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe

(1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating to 510 narcotic or psychotropic drugs or other controlled substances; 511 or

(2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any

such substance. (b) 512 REGULATIONS.—The President shall issue regulations specifying the steps to be taken in carrying out this section.

(c) CONGRESSIONAL REVIEW OF REGULATIONS.—Regulations issued pursuant to subsection (b) shall be submitted to the Congress before they take effect. SEC. 488.513 LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND

CONSTRUCTION OF FACILITIES. (a) ACQUISITION OF REAL PROPERTY.

(1) PROHIBITION.–Funds made available to carry out this chapter may not be used to acquire (by purchase or other

507 Sec. 101d/3XA) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4692) struck out “SECURITY” in the para. (2) catchline, and inserted in lieu thereof "OTHER”. Sec. 101(d)(4) of that Act struck out subsec. (b) in this section, which had provided a definition of “security assistance”.

508 Sec. 101(d)(3)(B) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4692) struck out “security” here.

509 22 U.S.C. 2291f. Sec. 487 was added by sec. 4503 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4285).

510 Sec. 101(e) of the International Narcotics Control Corrections Act oi 1994 (Public Law 103– 447; 108 Stat. 4692) inserted “to” after “relating".

511 Sec. 6(b)(6) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4932) struck out “(as defined in section 481(i)(3) of this Act)" preceding the semicolon.

512 The Bureau of International Narcotics Matters, Department of State, issued regulations to implement sec. 487 in Public Notice 2840 (22 CFR Part 140; 63 F.R. 36571; July 7, 1998). The initial proposed rule was issued in Public Notice 2159 (60 F.R. 7737; February 9, 1995).

513 22 U.S.C. 2291g. Sec. 4(g) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4917) amended and restated sec. 488. It was originally added by sec. 4505 of the International Narcotics Control Act of 1988.

means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces.

(2) EXCEPTION FOR CERTAIN LEASES.–Paragraph (1) shall not apply to the acquisition of real property by lease of a duration not to exceed 2 years.

(3) REPORT.— The Secretary of State shall provide to the Committee on Foreign Affairs 514 of the House of Representatives and the Committee on Foreign Relations of the Senate within 30 days after the end of each quarter of the fiscal year a detailed report on all leases entered into pursuant to paragraph (2), including the cost and duration of such lease, a description of the property leased, and the purpose for which

such lease was entered into. (b) CONSTRUCTION OF FACILITIES.

(1) LIMITATION.–Funds made available to carry out this chapter may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section 634A.

(2) EXCEPTION.–Paragraph (1) shall not apply to the construction of facilities which would require the obligation of less

than $750,000 under this chapter. SEC. 489.515 REPORTING REQUIREMENTS.

(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.-Not later than March 1516 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the following:

(1) For each country that received assistance under this chapter for either of the 2 preceding fiscal years, a report on the extent to which the country has

(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, trans

514 Sec. 1(aX5) 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.

515 22 U.S.C. 2291h. Added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4917).

Sec. 101(f/(1XA) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out “FOR FISCAL YEARS 1993 AND 1994" from the section heading and inserted in lieu thereof "FOR FISCAL YEAR 1995”. Sec. 1112(cX1) of Public Law 104-66 (109 Stat. 707) struck out “FOR FISCAL YEAR 1995".

The original sec. 489 was added by sec. 4507 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4286). Sec. 4(1)(2) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck out subsecs. (c) and (d) of the original sec. 489, and restated sec. 489, subsecs. (a) and (b), as sec. 484, subsecs. (c) and (d).

Subsec. (c) of this sec. was struck out by sec. 1112(c)(2) of Public Law 104-66 (109 Stat. 707). Originally enacted as subsec. (d), redesignated as subsec. (c) by sec. 101((1(D) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692). Subsec. (c) formerly read as follows:

“EFFECTIVE DATE OF SECTIONS.—This section applies only during fiscal year 1995. Section 489A does not apply during that fiscal year.".

516 Sec. 101(1)(1XB)(i) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out “April 1" in subsec. (a), and inserted in lieu thereof "March 1".

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