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

(b) 416 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.

(c) 417 CONTRIBUTIONS AND REIMBURSEMENT.-(1) To 418 ensure 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) 419 (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 same terms and conditions as funds appropriated pursuant to this chapter.

"DEPARTMENT OF STATE

"INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

"For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $261,000,000: Provided, That none of the funds under this heading may be made available to establish or operate an International Law Enforcement Academy for the Western Hemisphere outside the United States: Provided further, That in addition to any funds previously made available for an International Law Enforcement Academy for the Western Hemisphere, not less than $5,000,000 should be made available to establish and operate the International Law Enforcement Academy for the Western Hemisphere at the deBremond Training Center in Roswell, New Mexico: Provided further, That during fiscal year 1999, 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.".

See also the following sections in Public Law 105-277: under title V-sec. 512-Limitation on Assistance to Countries in Default; sec. 515-Notification Requirements; sec. 542-Anti-Narcotics Activities; sec. 559-Special Debt Relief for the Poorest; sec. 561-Limitation on Assistance for Haiti; and sec. 562-Requirement for Disclosure of Foreign Aid in Report of Secretary of State.

416 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.

417 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.

418 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”. 419 Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added paras. (2) and (3).

(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) 419 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) 420 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) 421 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) 422 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) 422 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. 483.423 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.

SEC. 484.424 REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.

(a) RETENTION OF TITLE TO AIRCRAFT.—

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

421 Sec. 101(c) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447; 108 Stat. 4692) added subsec. (e).

422 Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added secs. (f) and (g).

423 22 U.S.C. 2291b. Sec. 483 was added by sec. 609 of Public Law 99-83 (99 Stat. 230).

424 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.

(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)425 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.

(c) 426 REPORTS.-In the reports submitted pursuant to section 489(a),427 the President shall discuss

425 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).

426 Sec. 4(f)(2)(D) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) redesignated sec. 489(b) as sec. 484(c).

427 Sec. 4(fX2XC) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) struck out "subsection (e)", and inserted in lieu thereof "section 489(a)”.

(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 country. Sec. 485.428 Records of Aircraft Use. (a) REQUIREMENT TO MAINTAIN RECORDS.—The President 429 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 430 of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate.

Sec. 486.431 Reallocation of Funds Withheld from Countries Which Fail to Take Adequate Steps to Halt Illicit Drug Production or Trafficking.

(a) 432 If any funds authorized to be appropriated for any fiscal year for assistance under this Act 433 are not used for assistance for the country for which those funds were allocated because of the requirements of section 490 434 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:

(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 Con

428 22 U.S.C. 2291d. Sec. 485 was added by sec. 2003 of Public Law 99-570 (100 Stat. 320761).

429 Sec. 4(f)(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".

430 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.

431 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.".

432 Sec. 101(d)(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.—”.

433 Sec. 101(d)(2) 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".

434 Sec. 6(bX5XA) 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".

gress. 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 435 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 provide additional 436 assistance for those countries.

Sec. 487.487 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 438 narcotic or psychotropic drugs or other controlled substances; 439

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) 440 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. 488.441 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 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.

435 Sec. 101(d)(3)(A) 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".

436 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.

437 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).

438 Sec. 101(e) of the International Narcotics Control Corrections Act of 1994 (Public Law 103447; 108 Stat. 4692) inserted "to" after "relating".

439 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.

440 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).

441 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.