Sec. 1033. 3AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF OTHER COUNTRIES

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## SEC. 1033 3AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF OTHER COUNTRIES ###

(a)Authority To Provide Support ####

(1)Subject to subsection (f), the Secretary of Defense may provide any of the foreign governments named in subsection

(b)with the support described in subsection

(c)for the counter-drug activities of that government. In providing support to a government under this section, the Secretary of Defense shall consult with the Secretary of State. ####

(2)The authority to provide support to a government under this section expires September 30, 2017. The support provided under the authority of this section shall be in addition to support provided to the governments under any other provision of law. 3Effective September 19, 2017, section 1241(d)(5)(C) of division A of Public Law 114–328 provides for a repeal of section 1033. ###

(b)Governments Eligible To Receive Support The foreign governments eligible to receive counter-drug support under this section are as follows: ####

(1)The Government of Peru. ####

(2)The Government of Colombia ####

(3)The Government of Afghanistan. ####

(4)The Government of Bolivia. ####

(5)The Government of Ecuador. ####

(6)The Government of Pakistan. ####

(7)The Government of Tajikistan. ####

(8)The Government of Turkmenistan. ####

(9)The Government of Uzbekistan. ####

(10)The Government of Azerbaijan. ####

(11)The Government of Kazakhstan. ####

(12)The Government of Kyrgyzstan. ####

(13)The Government of Armenia. ####

(14)The Government of Guatemala. ####

(15)The Government of Belize. ####

(16)The Government of Panama. ####

(17)The Government of Mexico. ####

(18)The Government of the Dominican Republic. ####

(19)The Government of Guinea–Bissau. ####

(20)The Government of Senegal. ####

(21)The Government of El Salvador. ####

(22)The Government of Honduras. ####

(23)Government of Benin. ####

(24)Government of Cape Verde. ####

(25)Government of The Gambia. ####

(26)Government of Ghana. ####

(27)Government of Guinea. ####

(28)Government of Ivory Coast. ####

(29)Government of Jamaica. ####

(30)Government of Liberia. ####

(31)Government of Mauritania. ####

(32)Government of Nicaragua. ####

(33)Government of Nigeria. ####

(34)Government of Sierra Leone. ####

(35)Government of Togo. ####

(36)Government of Chad. ####

(37)Government of Libya. ####

(38)Government of Mali. ####

(39)Government of Niger. ####

(40)Government of Kenya. ####

(41)Government of Tanzania. ###

(c)Types of Support The authority under subsection

(a)is limited to the provision of the following types of support to a government named in subsection (b): ####

(1)The types of support specified in paragraphs (1), (2), and

(3)of section 1031(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2637). ####

(2)The transfer of patrol boats, vehicles, and, subject to section 484(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a)), aircraft. ####

(3)The maintenance and repair or upgrade of equipment of the government that is used for counter-drug activities. ####

(4)The transfer of detection, interception, monitoring, and testing equipment. ####

(5)For the Government of Afghanistan only, individual and crew-served weapons of 50 caliber or less and ammunition for such weapons for counter-narcotics security forces. ###

(d)Applicability of Other Support Authorities Except as otherwise provided in this section, the provisions of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note) shall apply to the provision of support under this section. ###

(e)Availability of Funds Of the amount authorized to be appropriated for any fiscal year after fiscal year 2014 in which the authority under this section is in effect for drug interdiction and counter-drug activities, an amount not to exceed $125,000,000 shall be available in such fiscal year for the provision of support under this section. ###

(f)Condition on Provision of Support ####

(1)The Secretary of Defense may not obligate or expend funds during a fiscal year to provide support under this section to a government named in subsection

(b)until the end of the 15-day period beginning on the date on which the Secretary submits to the congressional committees a written certification described in subsection

(g)applicable to that fiscal year. The first such certification with respect to any such government may apply only to a period of one fiscal year. Subsequent certifications with respect to any such government may apply to a period of not to exceed two fiscal years. ####

(2)In the case of funds appropriated and available for support under this section to a government named in subsection (b), the obligation or expenditure of funds under this section to provide support to that government shall also be subject to the condition that— #####

(A)the Secretary submit to the congressional committees the counter-drug plan described in subsection (h); and #####

(B)a period of 60 days expires after the date on which the report is submitted. ####

(3)In the case of subsequent fiscal years in which support is to be provided under this section to a government named in subsection (b), the obligation or expenditure of funds under this section to provide support to that government shall also be subject to the condition that the Secretary submit to the congressional committees any revision of the counter-drug plan described in subsection

(h)applicable to that government. ####

(4)For purposes of this subsection, the term “**congressional committees**” means the following: #####

(A)The Committee on Armed Services and the Committee on Foreign Relations of the Senate. #####

(B)The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. ###

(g)Required Certification A written certification required by subsection (f)(1) for a government to receive support under this section for any period of time is a certification of each of the following with respect to that government: ####

(1)That the provision of the support to the government will not adversely affect the military preparedness of the United States Armed Forces. ####

(2)That the equipment and materiel provided as support will be used only by officials and employees of the government who have undergone background investigations by that government and have been approved by that government to perform counter-drug activities on the basis of the background investigations. ####

(3)That the government has certified to the Secretary of Defense that— #####

(A)the equipment and materiel provided as support will be used only by the officials and employees referred to in paragraph (2); #####

(B)none of the equipment or materiel will be transferred (by sale, gift, or otherwise) to any person or entity not authorized by the United States to receive the equipment or materiel; and #####

(C)the equipment and materiel will be used only for the purposes intended by the United States Government. ####

(4)That the government has implemented, to the satisfaction of the Secretary of Defense, a system that will provide an accounting and inventory of the equipment and materiel provided as support. ####

(5)That the departments, agencies, and instrumentalities of the government will grant United States Government personnel access to any of the equipment or materiel provided as support, or to any of the records relating to such equipment or materiel, under terms and conditions similar to the terms and conditions imposed with respect to such access under section 505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(3)). ####

(6)That the government will provide security with respect to the equipment and materiel provided as support that is substantially the same degree of security that the United States Government would provide with respect to such equipment and materiel. ####

(7)That the government will permit continuous observation and review by United States Government personnel of the use of the equipment and materiel provided as support under terms and conditions similar to the terms and conditions imposed with respect to such observation and review under section 505(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(3)). ###

(h)Counter-Drug Plan The Secretary of Defense, in consultation with the Secretary of State, shall prepare for each fiscal year (and revise as necessary for subsequent fiscal years) a counter-drug plan involving the governments named in subsection

(b)to which support will be provided under this section. The plan for a fiscal year shall include the following with respect to each government to receive support under this section: ####

(1)A detailed security assessment, including a discussion of the threat posed by illicit drug traffickers in the foreign country. ####

(2)An evaluation of previous and ongoing counter-drug operations by the government. ####

(3)An assessment of the monitoring of past and current assistance provided by the United States under this section to the government to ensure the appropriate use of such assistance. ####

(4)A description of the centralized management and coordination among Federal agencies involved in the development and implementation of the plan. ####

(5)A description of the roles and missions and coordination among agencies of the government involved in the development and implementation of the plan. ####

(6)A description of the resources to be contributed by the Department of Defense and the Department of State for the fiscal year or years covered by the plan and the manner in which such resources will be utilized under the plan. ####

(7)For each fiscal year in which support is to be provided to a government under this section, a schedule for establishing a counter-drug program that can be sustained by the government within five years, and for subsequent fiscal years, a description of the progress made in establishing and carrying out the program. ####

(8)A reporting system to measure the effectiveness of the counter-drug program. ####

(9)A detailed discussion of how the counter-drug program supports the national drug control strategy of the United States.

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