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

364 Sec. 4201 of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4267) added the authorization for fiscal year 1989. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461, 102 Stat. 2268) also appropriated the following for "International Narcotics Control":

"For necessary expenses to carry out the provisions of section 481 of the Foreign Assistance Act of 1961, $101,000,000: Provided, That not less than [$15,000,000 of the funds appropriated under this heading shall be available for narcotics interdiction and control programs for Bolivia: Provided further, That in addition to amounts made available pursuant to the previous proviso, not less than-Public Law 100-690 repealed this proviso] $7,000,000 of the funds appropriated under this heading shall be available for Latin America regional programs: Provided further, That in carrying out the provisions of section 481, increased emphasis should be placed on (1) further intensifying United States efforts in the eradication and interdiction of illicit narcotics, and (2) seeking international cooperation on narcotics enforcement matters such as in the areas of extradition treaties, mutual legal assistance to combat money laundering, sharing of evidence, and other initiatives for cooperative narcotics enforcement efforts."

"NARCOTICS CONTROL PROGRAM

"SEC. 578. (a1) Of the funds appropriated by this Act under the heading 'Economic Support Fund' $61,000,000 shall be made available only for Bolivia, Ecuador, Jamaica, and Peru; but not more than $25,000,000 shall be available to any one country.

"(2) of the funds appropriated by this Act to carry out the provisions of section 503 of the Foreign Assistance Act of 1961 (relating to the military assistance program) $16,500,000 shall be made available only for Bolivia, Ecuador, Jamaica, and Colombia, but not more than $5,000,000 shall be available for any one country.

"(3) Of the funds appropriated by this Act to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, $3,500,000 shall be made available in accordance with the general authorities contained in section 481(a) of the Foreign Assistance Act of 1961, only for the procurement of weapons or ammunition for foreign law enforcement agencies, and paramilitary units organized for the specific purposes of narcotics enforcement, for use in narcotics control, eradication, and interdiction efforts, notwithstanding section 482(b) of such Act: Provided, That funds made available under this paragraph shall be made available only for Bolivia, Peru, Colombia, Ecuador, and for the regional air wing pursuant to sections 482 and 484 of the Foreign Assistance Act of 1961, and shall be in addition to amounts earmarked for the countries contained in paragraph (2) of this subsection.

"(4) Funds made available under this subsection shall be available for obligation consistent with the provisions of section 481(h) of the Foreign Assistance Act of 1961 (relating to International Narcotics Control) except as provided in paragraph (3) of this subsection.

"(b) None of the funds appropriated or otherwise made available under this Act may be available for any country during any three-month period beginning on or after October 1, 1988, immediately following a certification by the President to the Congress that the government of such country is failing to take adequate measures (including satisfying the goals agreed to in applicable bilateral narcotics agreements as defined in section 481(hX2XAXii) of the Foreign Assistance Act of 1961) to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are cultivated, produced, or processed illicitly, in whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from entering the United States unlawfully.

"(c) In making determinations with respect to Bolivia, Colombia, Ecuador, and Peru pursuant to section 481(h×2×AXiXI) of the Foreign Assistance Act of 1961, the President shall take into account the extent to which the Government of each country is sufficiently responsive to United States Government concerns on coca control and whether the provision of assistance for that country is in the national interest of the United States.

"(d) If any funds appropriated by this Act for 'Economic Support Fund', 'Military Assistance', 'International Military Education and Training', or 'Foreign Military Credit Sales' are not used for assistance for the country for which those funds were allocated because that country has not taken adequate steps to halt illicit drug production or trafficking, those funds shall be reprogrammed 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: Provided. That any such reprogramming shall be subject to the notification procedures of the Committees on Appropriations.

"ex(1) Of the funds appropriated under title II of this Act for the Agency for International Development, up to $10,000,000 should be made available for narcotics education and awareness programs (including public diplomacy programs), of the Agency for International Development, and up to $15,000,000 of the funds appropriated under title II of this Act should be made available for narcotics related economic assistance activities.

(b) 363 Funds authorized to be appropriated by this section shall not be made available for the procurement of weapons or ammunition under this chapter.

(c) 365 Notwithstanding section 1415 of the Supplemental Appropriation Act, 1953, section 508 of the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and section 105 of the Agricultural Trade Development and Assistance Act of 1954, up to the equivalent of $10,000,000 in currencies or credits of the Government of Pakistan held by the United States shall, to such extent as may be provided in an appropriation Act, be available to the President for the fiscal year 1981 (and shall remain available until expended) to carry out the purposes of section 481 through assistance to the Government of Pakistan. Notwithstanding any other provision of law, the availability or expenditure of such foreign currencies shall not affect or reduce appropriations otherwise available to carry out the administration of the international narcotics control program.

(d) 366 Assistance may be provided under this chapter to a foreign country only if the country provides assurances to the President, and the President is satisfied, that the country will provide at least 25 percent of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. The costs borne by the country may include "in-kind" contributions.

Sec. 483.367 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. 368 Retention of Title to Aircraft.-Any aircraft which, at any time after the enactment of this section, are made available to a foreign country under this chapter, or are 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.

Sec. 485.368 Records of Aircraft Use.-(a) REQUIREMENT TO MAINTAIN RECORDS.-The Secretary of State 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.

"(f) In order to maximize the participation of other countries in the effort to promote international narcotics control, the Secretary of State is directed to urge the United Nations Fund for Drug Abuse Control to develop a more comprehensive program for enlisting greater multilateral support for coca control programs and related development activities in South America." 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. 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 Stat. 3207-60).

365 Subsec. (c) was added by sec. 402(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3149).

366 Subsec. (d) was added by sec. 608 of Public Law 99-83, 99 Stat. 229. 367 Sec. 483 was added by sec. 605 609 Se Law 99-83, 99 Stat. 230. 368 Secs. 484 and 485 were add

of Public Law 99-570, 100 Stat. 3207-61.

(b) CONGRESSIONAL ACCESS TO RECORDS.-The Secretary of State 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 of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate. Sec. 486.36 369 Reallocation of Funds Withheld from Countries Which Fail to Take Adequate Steps to Halt Illicit Drug Production or Trafficking.

(a) ADDITIONAL ASSISTANCE FOR COUNTRIES TAKING SIGNIFICANT STEPS.—If any funds authorized to be appropriated for any fiscal year for security assistance are not used for assistance for the country for which those funds were allocated because of the requirements of section 481(h) 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 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) SECURITY 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 security assistance for those countries.

(b) Definition of SECURITY Assistance.-As used in this section, the term "security assistance" means assistance under chapter 2 of part II of this Act (relating to the grant military assistance program), chapter 4 of part II of this Act (relating to the Economic Support Fund), chapter 5 of part II of this Act (relating to international military education and training), or the Arms Export Control Act (relating to foreign military sales financing).

369 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."

Sec. 487. 370 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 narcotic or psychotropic drugs or other controlled substances (as de fined in section 481(i)(3) of this Act); 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) 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. 371 Prohibition on Use of Narcotics Control Assistance to Acquire Real Property.

Funds made available to carry out this chapter may not be used to acquire (by purchase, lease, or other means) any real property for use by foreign military, paramilitary, or law enforcement forces.

Sec. 489. 372 Permissible Uses of Aircraft and Other Equipment. (a) IN GENERAL.-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.

(b) REPORTS.-In the reports submitted pursuant to subsection (e), 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 country.

(c) REGULATIONS.-The President shall issue regulations specifying the steps to be taken in carrying out this section.

(d) CONGRESSIONAL REVIEW OF REGULATIONS.-Regulations issued pursuant to subsection (c) shall be submitted to the Congress before they take effect.

370 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).

371 22 U.S.C. 2291g. Sec. 488 was added by sec. 4505 of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4285).

372 22 U.S.C. 2291h. Sec. 489 was added by sec. 4507 of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4286).

3. Trade Act of 1974 (Public Law 93-618, January 3, 1975), Title VIII--Tariff Treatment of Products of, and Other Sanctions Against, Uncooperative Major Drug Producing or Drug-Transit Countries, added by Section 9001 of the Anti-Drug Abuse Act of 1986 (Public Law 99-570, October 27, 1986), as amended.

TITLE VIII-TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES 213

SEC. 801.214 SHORT TITLE.

This title may be cited as the "Narcotics Control Trade Act". SEC. 802.215 TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES.

(a) 216 REQUIRED ACTION BY PRESIDENT.-Subject to subsection (b), for every major drug producing country and every major drug-transit country, the President shall, on or after March 1, 1987, and March 1 of each succeeding year, to the extent considered necessary by the President to achieve the purpose of this title

(1) deny to any or all of the products of that country tariff treatment under the Generalized System of Preferences, the Caribbean Basin Economic Recovery Act, or any other law providing preferential tariff treatment;

(2) apply to any or all of the dutiable products of that country an additional duty at a rate not to exceed 50 percent ad valorem or the specific rate equivalent;

(3) apply to one or more duty-free products of that country a duty at a rate not to exceed 50 percent ad valorem;

212 19 U.S.C. 2487.

313 Title VIII was added by sec. 9001 of the Anti-Drug Abuse Act of 1986, (Public Law 99-570; 100 Stat. 3207-164). The heading of title VIII was subsequently amended by sec. 806 of Public Law 100-204 (101 Stat. 1331 at 1399) which added the words "AND OTHER SANCTIONS AGAINST”.

214 19 U.S.C. 2491.

215 19 U.S.C. 2492.

216 Sec. 806 of Public Law 100-204 (101 Stat. 1398) amended subsec. (a) by striking out “or” at the end of par. (3); by redesignating par. (4) as par. (6); by amending par. (6), as so redesignated, to read "in paragraphs (1) through (5)." in lieu of "in paragraphs (1), (2), and (3)."; and by inserting after par. (3) the new pars. (4) and (5).