II 

111TH CONGRESS 

2D SESSION S. 3172 

To support counternarcotics and related efforts in the Inter-American region. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2010 

Mr. MENENDEZ (for himself and Mr. KERRY) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To support counternarcotics and related efforts in the InterAmerican region. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Counternarcotics and 

5 Citizen Security for the Americas Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CURRENT COUNTERNARCOTICS PRO9 GRAMS.—The term ‘‘current counternarcotics pro10 grams’’ refers to programs in the Region authorized 

11 as of the date of the enactment of this Act pursuant 


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1 to section 481(a)(4) of the Foreign Assistance Act 

2 (22 U.S.C. 2291(a)(4)) regarding international nar3 cotics control that involves amounts appropriated for 

4 countries in the Region under the International Nar5 cotics Control and Law Enforcement, Economic 

6 Support Fund, Development Assistance, Transitions 

7 Initiatives, Foreign Military Financing Program, or 

8 Nonproliferation, Anti-Terrorism, Demining and Re9 lated Programs accounts, as they relate to the goals 

10 of— 

11 (A) reducing the production, flow, and con12 sumption of illicit narcotics in the Americas; 

13 (B) enhancing the security and economic 

14 opportunity of the people of such countries; and 

15 (C) building the democratic civilian institu16 tions responsible for meeting these goals. 

17 (2) MERIDA INITIATIVE.—The term ‘‘Merida 

18 Initiative’’ refers to the program announced by the 

19 United States Government and the Government of 

20 Mexico on October 22, 2007, to fight illicit narcotics 

21 trafficking and criminal organizations. 

22 (3) REGION.—The term ‘‘Region’’ refers to all 

23 the countries of Central and South America, Mexico, 

24 and the Caribbean. 


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1 SEC. 3. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The drug crisis in the Western Hemisphere 

4 remains a significant threat to the United States na5 tional interest and imposes tremendous costs to the 

6 security and well being of all countries in the West7 ern Hemisphere. The United States is the primary 

8 market for illicit narcotics from the Region. 

9 (2) Numerous studies have shown that although 

10 countries throughout the Region face drug consump11 tion problems, the United States has long been the 

12 country with largest drug consumption, and demand 

13 in the United States is a key driver of the narcotics 

14 trade in the Region. 

15 (3) On March 25, 2009, Secretary of State Hil16 lary Clinton stated, ‘‘Our insatiable demand for ille17 gal drugs fuels the drug trade’’ and ‘‘I feel very 

18 strongly we have a co-responsibility.’’. 

19 (4) The illicit production, transportation, sale, 

20 and consumption of illicit narcotics— 

21 (A) acts as a destabilizing force through22 out the Western Hemisphere; 

23 (B) is a source of funding for terrorist and 

24 criminal activities; and 


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1 (C) inhibits the social and economic devel2 opment of each affected country in the Western 

3 Hemisphere. 

4 (5) Weak institutions in the Region are at the 

5 core of the challenge of dismantling and disabling 

6 drug trafficking organizations and providing legal al7 ternatives to participation in illicit activities. Long8 term solutions to security problems in the Region 

9 depend on strengthening civilian institutions and 

10 holding them accountable. 

11 (6) The United States Government reporting 

12 planning, and strategic analysis for counternarcotics 

13 and related programs is carried out only on a year14 to-year basis. The fight against drugs requires a 

15 long-term vision and extensive cooperation among 

16 producing, transit, and consuming nations. 

17 (7) Colombia has been a valued partner of the 

18 United States in combating the production and flow 

19 of illicit narcotics for many years. Since 1999, the 

20 United States Government has invested over 

21 $7,000,000,000 in programs assisting the people 

22 and Government of Colombia in their efforts. 

23 (8) Mexico is a strategic ally and partner of the 

24 United States. In working to stem the flow of illegal 

25 narcotics into the United States, the United States 


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1 Government and the Government of Mexico have 

2 begun to cooperate at an unprecedented level to con3 front the threat of illicit narcotics trafficking, orga4 nized crime, and violence along our shared border. 

5 (9) The challenges addressed by the Merida Ini6 tiative, which was initially conceived as a 3-year ini7 tiative by President Calderon’s administration, will 

8 require a longer commitment of cooperation on the 

9 part of the United States and countries in the Re10 gion. 

11 (10) The Government of Mexico sought a great12 er role for the Mexican military in stabilizing the se13 curity situation in the short-term and has committed 

14 to undertake the civilian institution-building, train15 ing, and reform that is necessary to establish civilian 

16 authorities and civil society mechanisms needed to 

17 achieve strategic solutions. 

18 (11) The long-term solution will require— 

19 (A) less military involvement in enforcing 

20 the law; 

21 (B) more effective local, regional, and Fed22 eral law enforcement institutions to deal with 

23 the challenge; and 

24 (C) improvements in the judicial institu25 tions, the rule of law, and viable and licit ecoVerDate Nov 24 2008 03:15 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3172.IS S3172

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1 nomic opportunities for underprivileged popu2 lations in Mexico. 

3 (12) The United States Government will part4 ner with the Government of Mexico in its efforts to 

5 further engender— 

6 (A) disrupting organized criminal groups; 

7 (B) institutionalizing reforms to sustain 

8 the rule of law, engender respect for human 

9 rights, and ensure accountability; 

10 (C) creating a 21st century border; and 

11 (D) building strong and resilient commu12 nities. 

13 (13) Central America is confronting an array of 

14 violent crime, including youth and gang violence, 

15 drug trafficking, and organized crime and is increas16 ingly an area of transshipment of illicit narcotics. 

17 Many of the governments along the isthmus are 

18 committed and willing, yet ill-prepared to unilater19 ally deal with the threat and need United States co20 operation. 

21 (14) As in Mexico and the Andean region, long22 term solutions in Central America require civilian in23 stitution-building and improvements in judicial insti24 tutions, rule of law, human rights, and economic op25 portunity for underprivileged populations. 


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1 (15) Countries in the Caribbean are also vul2 nerable to similar threats from drug traffickers and 

3 organized crime that are facing Mexico, Central 

4 America, and the Andean region including, in some 

5 countries, a flow of illicit funds through sophisti6 cated money-laundering schemes. 

7 SEC. 4. STATEMENT OF POLICY. 

8 (a) PARTNERSHIP DEVELOPMENT.—One of the high9 est strategic policy goals of the United States in the West10 ern Hemisphere is to protect the safety of citizens through 

11 the development and success of partnerships. 

12 (b) UNITED STATES INTERESTS.—It is in the inter13 est of the United States— 

14 (1) to make a long-term commitment to assist 

15 the countries of the Region— 

16 (A) to improve citizen safety by combating 

17 illicit narcotics production, trafficking, and dis18 tribution, and money laundering; 

19 (B) to invest in prevention programs, espe20 cially programs that— 

21 (i) keep young people in school; 

22 (ii) work with at-risk youth; and 

23 (iii) prevent domestic violence; 


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1 (C) to invest in programs that generate 

2 licit economic and social opportunities, particu3 larly for marginalized populations; 

4 (D) to increase intelligence sharing; 

5 (E) to improve security coordination in the 

6 Region; 

7 (F) to improve border and customs capa8 bilities; 

9 (G) to professionalize law enforcement, jus10 tice, and other governmental institutions; and 

11 (H) to decrease reliance on the use of mili12 taries for law enforcement purposes; 

13 (2) to anticipate and plan for the ‘‘balloon ef14 fect’’, in which successful counternarcotics efforts in 

15 one area drive narcotics-related activities to other 

16 areas; 

17 (3) to counter, to the greatest extent possible, 

18 the underlying causes of the drug trade in the 

19 source, transit, and demand zones; 

20 (4) to use all relevant branches and depart21 ments of the United States Government and to work 

22 in a coordinated manner with the countries in the 

23 Region to jointly devise a strategy for addressing 

24 narcotics trafficking and the threats to citizen safety 

25 that employs clear and consistent performance indiVerDate Nov 24 2008 03:15 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3172.IS S3172

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1 cators and systems of measurement, monitoring, and 

2 evaluation that are universally accepted; 

3 (5) to recognize that other threats to the safety 

4 of citizens, such as pandemics, food security, or nat5 ural disasters caused by environmental changes, 

6 have transnational effects and call for new response 

7 and mitigation tools, including new partnerships 

8 that more effectively strengthen, mobilize, and link 

9 the will and capacity of governments and societies 

10 throughout the Region; 

11 (6) to coordinate, to the extent feasible and 

12 without hindering or otherwise harming ongoing 

13 United States law enforcement or intelligence activi14 ties, information and strategies with United States 

15 partners to stem the production and trafficking of il16 licit narcotics, particularly when the cartels that 

17 produce and transport illegal drugs have a direct or 

18 indirect role in the networks that distribute such 

19 drugs inside the United States; 

20 (7) to work with regional partners to encourage 

21 the institutional strengthening of criminal justice in22 stitutions— 

23 (A) to successfully counter gang violence, 

24 drug trafficking, and other major crimes; and 


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1 (B) to improve overall public safety in the 

2 affected countries; 

3 (8) to undertake such cooperation in a manner 

4 consistent with a commitment to ensuring the free 

5 flow of trade and other legal commercial and finan6 cial interaction between the United States and coun7 tries in the Region; and 

8 (9) to strengthen mechanisms to coordinate se9 curity and counternarcotics assistance with the 

10 countries in the Region and other bilateral and mul11 tilateral agencies— 

12 (A) to ensure a common and comprehen13 sive strategy; 

14 (B) to most effectively use available re15 sources; and 

16 (C) to avoid duplication of efforts. 

17 (c) COORDINATION.—The initiatives set forth in sub18 section (b) should be— 

19 (1) closely coordinated to maximize their effec20 tiveness; 

21 (2) adjusted, as necessary, in accordance with 

22 their progress; and 

23 (3) undertaken under a common framework to 

24 advance key strategic priorities. 


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1 SEC. 5. INTER-AMERICAN COUNTERNARCOTICS STRATEGY 

2 REPORT. 

3 Section 489(a) of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2291h(a)) is amended by adding at the end 

5 the following: 

6 ‘‘(9) INTER-AMERICAN COUNTERNARCOTICS

7 STRATEGY REPORT.—For the countries of Central 

8 and South America, Mexico, and the Caribbean (re9 ferred to collectively in this paragraph as the ‘Re10 gion’), a report on the United States Government’s 

11 multiyear interagency counternarcotics strategy that 

12 describes the following: 

13 ‘‘(A) The United States counternarcotics 

14 multi-year strategy for the Region, including— 

15 ‘‘(i) a description of particular chal16 lenges in the source, transit, and demand 

17 zones; 

18 ‘‘(ii) the key policy objectives of the 

19 counternarcotics strategy of the United 

20 States in the Region; 

21 ‘‘(iii) a detailed description of out22 come-based performance indicators by 

23 which to measure progress toward the ob24 jectives referred to in clause (ii); and 


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1 ‘‘(iv) a statement of the relationship 

2 of the strategy referred to in this subpara3 graph to other regional strategies. 

4 ‘‘(B) The integration of diplomatic, crimi5 nal justice, civil society and economic develop6 ment, demand reduction, military, and other as7 sistance to achieve regional counternarcotics 

8 goals. 

9 ‘‘(C) The actions required of the United 

10 States Government to support and achieve the 

11 objectives referred to in subparagraph (A)(ii), 

12 and a description of the requirements for imple13 menting such actions. 

14 ‘‘(D) A set of regional and, as necessary, 

15 country-specific metrics that— 

16 ‘‘(i) is formulated by the United 

17 States Government through an interagency 

18 process involving a wide range of stake19 holders, including consultation with gov20 ernment and civil society in the respective 

21 countries regarding the measurement of 

22 the efforts and results of counternarcotics, 

23 public security programs, and other activi24 ties carried out under this Act; and 


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1 ‘‘(ii) reflects the particular challenges 

2 in source, transit, and demand zone coun3 tries identified pursuant to paragraph (3). 

4 ‘‘(E) A description of any instance in 

5 which a producer or trafficker of illicit narcotics 

6 has shifted production or transit routes from 1 

7 place in the Region to another place due to 

8 pressure from counternarcotics efforts. 

9 ‘‘(F) A description of the progress of phas10 ing out law enforcement activities of the armed 

11 forces of each recipient country, as applicable. 

12 ‘‘(G) A description of governmental efforts 

13 to investigate and prosecute allegations of 

14 human rights abuses committed by security 

15 agencies.’’. 

16 SEC. 6. COORDINATION OF COUNTERNARCOTICS EFFORTS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that it is in the interest of the United States that 

19 current counternarcotics programs, which are proposed, 

20 funded, and managed by various Federal departments and 

21 agencies, be managed in a way that— 

22 (1) maximizes the value added by each depart23 ment and agency; and 

24 (2) ensures interagency efficiencies by— 

25 (A) reducing duplication; 


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1 (B) ensuring consistent operations; and 

2 (C) refining goals and objectives to meet 

3 evolving circumstances. 

4 (b) INTERAGENCY COORDINATION.— 

5 (1) IN GENERAL.—The President, in accord6 ance with section 481(b) of the Foreign Assistance 

7 Act of 1961 (22 U.S.C. 2291(b)), shall ensure effec8 tive coordination of current counternarcotics pro9 grams among relevant agencies, including— 

10 (A) the Department of State; 

11 (B) the United States Agency for Inter12 national Development; 

13 (C) the Department of Justice; 

14 (D) the Department of Defense; 

15 (E) the Department of Homeland Security; 

16 and 

17 (F) the intelligence community. 

18 (2) AUTHORITY.—No United States Govern19 ment international counternarcotics or anti-crime 

20 foreign assistance-related activity may be imple21 mented unless it has been approved by the Secretary 

22 of State, under the direction of the President. 

23 (3) REVIEW.—The coordination effort described 

24 in paragraph (1) to further the strategy developed 

25 under section 5 shall include a review of— 


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1 (A) program and policy coordination 

2 among Federal departments and agencies; 

3 (B) all United States assistance that per4 tains to current counternarcotics programs in 

5 the Region; 

6 (C) public diplomacy efforts to explain the 

7 purposes and scope of current counternarcotics 

8 programs; and 

9 (D) best practices on effective strategies 

10 for— 

11 (i) reducing domestic demand for il12 licit drug consumption; and 

13 (ii) fighting narcotics trafficking and 

14 production to achieve the counternarcotics 

15 goals described in section 7. 

16 SEC. 7. PROGRAM GOALS. 

17 (a) PROGRAM GOALS.—Federal assistance through 

18 current counternarcotics programs shall be provided in the 

19 Region to provide— 

20 (1) operational, intelligence, and forensic sup21 port to assist partners in addressing immediate and 

22 long-term challenges, consistent with expanding the 

23 rule of law; and 

24 (2) capacity- and institution-building to assist 

25 governments of partner countries in— 


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1 (A) addressing longer term challenges; 

2 (B) improving the transparency of, and in3 creasing popular trust in, the civilian institu4 tions of such governments; and 

5 (C) providing licit economic opportunities. 

6 (b) INSTITUTION-BUILDING.— 

7 (1) TYPES OF ASSISTANCE.—Institution-build8 ing efforts to further counternarcotics efforts may 

9 include— 

10 (A) national and municipal police 

11 professionalization, including— 

12 (i) training in the conduct of inves13 tigations, operational planning, and the en14 hancement of operational security; 

15 (ii) community policing and sup16 porting the role of police in crime preven17 tion; 

18 (iii) training regarding the use of 

19 force; 

20 (iv) human rights education and 

21 training; 

22 (v) training regarding evidence preser23 vation and chain of custody; 


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1 (vi) candidate screening, personnel 

2 evaluation, and police academy curriculum 

3 development; 

4 (vii) leadership and management 

5 training, institutional accountability, and 

6 oversight mechanisms; and 

7 (viii) training to effectively address 

8 street crime; 

9 (B) systemic improvements in judicial and 

10 criminal justice sector institutions, including— 

11 (i) courts management and prosecu12 torial and judicial capacity building; 

13 (ii) prison reform activities, including 

14 activities relating to anti-gang and anti-or15 ganized crime efforts; 

16 (iii) anti-money laundering programs; 

17 (iv) victim and witness protection and 

18 restitution; 

19 (v) judicial and prosecutorial protec20 tion; 

21 (vi) promotion of transparent oral 

22 trials through training for the judicial sec23 tor; 


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1 (vii) support to strengthen internal 

2 control systems, including inspectors gen3 eral; and 

4 (viii) caseload reduction programs; 

5 (C) support for the Office of the Attorney 

6 General or similar institution in a country, in7 cluding— 

8 (i) judicial processes improvement and 

9 coordination; 

10 (ii) enhancement of forensics capabili11 ties; 

12 (iii) data collection and analyses; 

13 (iv) case tracking and management; 

14 (v) financial intelligence functions; 

15 and 

16 (vi) maintenance of data systems; 

17 (D) support for institutions that help pro18 vide licit economic opportunities for at-risk pop19 ulations and populations currently dependent on 

20 illicit economic activities; 

21 (E) support for institutions that are in22 volved in prevention, intervention, and rehabili23 tation efforts for youth and populations at risk 

24 of participating in gangs and other forms of 

25 crime or violence; and 


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1 (F) support for institutions that assist in 

2 demand reduction in source and transshipment 

3 countries. 

4 (2) FOCUS OF EFFORTS.—Institution-building 

5 to further counternarcotics efforts should be— 

6 (A) carried out in a multi-faceted manner 

7 that takes into account economic and social de8 velopment and the ability of the governments in 

9 the Region to provide basic services to their 

10 people; and 

11 (B) focused on— 

12 (i) increasing the capacity of civilian 

13 government institutions to control illicit 

14 narcotics production and trafficking; 

15 (ii) increasing the ability of justice 

16 and law enforcement systems— 

17 (I) to break up drug trafficking 

18 organizations and organized crime; 

19 and 

20 (II) to prosecute offenders; 

21 (iii) strengthening adherence to inter22 nationally recognized human rights prac23 tices; 


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1 (iv) strengthening efforts to combat 

2 corruption and increase transparency of 

3 the institutions involved; 

4 (v) stabilizing the security environ5 ment relating to illicit narcotics production 

6 and trafficking and organized crime; and 

7 (vi) increasing licit economic opportu8 nities for populations currently dependent 

9 on illicit economic for livelihoods. 

10 (c) CONSIDERATION OF LOCAL CONCERNS.—To the 

11 greatest extent practicable, programs described in sub12 section (b) should be implemented— 

13 (1) in consultation and coordination with local 

14 communities; and 

15 (2) after considering— 

16 (A) the immediate operational objectives 

17 and the institution-building value of programs; 

18 (B) the impact on local economies; and 

19 (C) the availability of alternative sources of 

20 income in areas targeted for eradication of il21 licit crops. 

22 (d) PERFORMANCE INDICATORS AND OVERSIGHT

23 MECHANISMS.— 

24 (1) IN GENERAL.—United States Government 

25 agencies involved in counternarcotics programs shall 


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1 use outcome-based performance indicators and over2 sight mechanisms prescribed by the Secretary of 

3 State— 

4 (A) to track the effectiveness of current 

5 counternarcotics programs; and 

6 (B) to help direct the allocation of future 

7 resources for counternarcotics activities. 

8 (2) CONSULTATION.—Performance indicators 

9 referred to in paragraph (1) should be developed 

10 after consultation with foreign national and local au11 thorities, as appropriate, to address Region-wide and 

12 country-specific circumstances. 

13 SEC. 8. USE OF ASSISTANCE. 

14 (a) SENSE OF CONGRESS.—It is the Sense of Con15 gress that the United States should not provide assistance 

16 for counternarcotics programs in a foreign country un17 less— 

18 (1) such assistance will not adversely affect the 

19 human rights situation in the foreign country; 

20 (2) there are appropriate procedures in place to 

21 meet the conditions under section 620J of the For22 eign Assistance Act of 1961 (22 U.S.C. 2378a); 

23 (3) the equipment and material provided is 

24 being used in a manner consistent with the intent of 

25 the International Narcotics Control Strategy Report 


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1 with personnel committed to efficient and effective 

2 use of such resources; and 

3 (4) the equipment and materials will continue 

4 to be used— 

5 (A) to the extent possible, for the purposes 

6 intended by the United States Government; 

7 (B) by those agencies for which such as8 sistance is intended; 

9 (C) by officials and employees of the gov10 ernment of the foreign country who have been 

11 approved by such government to perform coun12 ternarcotics activities, including activities on the 

13 basis of the background investigations by such 

14 government; and 

15 (D) in accordance with the terms and con16 ditions described in chapter 8 of part I of the 

17 Foreign Assistance Act of 1961 (22 U.S.C. 

18 2291 et seq.), particularly those related to ap19 propriate end use monitoring. 

20 (b) PROHIBITION ON OPERATIONS INVOLVING IMMI21 NENT USE OF LETHAL FORCE.— 

22 (1) IN GENERAL.—Members of the United 

23 States Armed Forces, law enforcement personnel, 

24 and civilian contractors employed by the United 

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1 eign Assistance Act of 1961 (22 U.S.C. 2291) re2 garding participation in foreign police actions. 

3 (2) EXCEPTION FOR CONTINGENCY OPER4 ATIONS.—Section 481 of the Foreign Assistance Act 

5 of 1961 is amended— 

6 (A) in subsection (b)(1)— 

7 (i) by inserting ‘‘and approving’’ after 

8 ‘‘coordinating’’; and 

9 (ii) by inserting ‘‘and international 

10 anticrime purposes’’ before the period at 

11 the end; and 

12 (B) in subsection (c), by adding at the end 

13 the following: 

14 ‘‘(7) EXCEPTION FOR CONTINGENCY OPER15 ATIONS.—Paragraph (1) shall not apply with respect 

16 to counternarcotics operations conducted in connec17 tion with a declared contingency operation if— 

18 ‘‘(A) the foreign country in which such op19 eration takes place agrees to such waiver; and 

20 ‘‘(B) such waiver has been approved by the 

21 Secretary of State.’’. 

22 (c) USE OF HELICOPTERS.— 

23 (1) IN GENERAL.—The President shall take all 

24 reasonable steps to ensure that— 


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1 (A) the Federal Government complies with 

2 section 484 of the Foreign Assistance Act of 

3 1961; and 

4 (B) if any helicopter procured with funds 

5 provided by the United States is used to aid or 

6 abet the operations of any terrorist, illegal self7 defense group, paramilitary organization, guer8 rilla organization, illegal security cooperative, or 

9 successor organizations in Colombia, such heli10 copter shall be immediately returned to the 

11 United States. 

12 (2) USE BY FOREIGN COUNTRIES.—Section 

13 484(b) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2291c(b)) is amended by adding at the end 

15 the following: ‘‘Aircraft may be made available to 

16 foreign countries under this chapter, on a case by 

17 case basis after approval by the Chief of Mission, to 

18 participate in emergencies, rescues, and humani19 tarian operations.’’. 

20 (d) LIMITATIONS ON HERBICIDES.— 

21 (1) IN GENERAL.—In monitoring aerial crop 

22 eradication programs receiving Federal financial as23 sistance under any counternarcotics program in any 

24 country in the Region, the Secretary of State shall 

25 monitor, under chapter 8 of part I of the Foreign 


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1 Assistance Act of 1961 (22 U.S.C. 2291 et seq.) the 

2 use of a herbicide for aerial eradication to determine 

3 the impact of such use on the environment and the 

4 health of individuals, pursuant to section 481(d) of 

5 such Act. 

6 (2) REPORT UPON DETERMINATION OF HARM

7 TO ENVIRONMENT OR HEALTH.—Section 481(d) of 

8 such Act is amended— 

9 (A) in paragraph (2), by striking ‘‘In the 

10 annual report required by section 489(a), the’’ 

11 and inserting ‘‘The’’; and 

12 (B) in paragraph (3)— 

13 (i) by striking ‘‘If the President’’ and 

14 inserting the following: 

15 ‘‘(A) IN GENERAL.—If the President’’; and 

16 (ii) by adding at the end the fol17 lowing: 

18 ‘‘(B) CONTENTS.—The determination re19 ported under subparagraph (A) shall indicate 

20 that— 

21 ‘‘(i) the herbicide is being used in ac22 cordance with label requirements of the 

23 United States Environmental Protection 

24 Agency for comparable use in the United 

25 States and in accordance with local laws; 


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1 ‘‘(ii) in the manner it is being used, 

2 the herbicide— 

3 ‘‘(I) does not pose unreasonable 

4 risks beyond those permitted by 

5 United States law governing its use in 

6 agriculture or silviculture in the 

7 United States; and 

8 ‘‘(II) does not pose adverse ef9 fects to humans or the environment, 

10 including endemic species; 

11 ‘‘(iii) complaints of harm to health or 

12 licit crops caused by such aerial eradi13 cation are thoroughly evaluated; and 

14 ‘‘(iv) fair compensation is being paid 

15 in a timely manner for meritorious 

16 claims.’’. 

17 (e) EXCESS PROPERTY.—Section 482(g) of the For18 eign Assistance Act of 1961 (22 U.S.C. 2291a(g)) is 

19 amended by striking ‘‘nonlethal excess property from any 

20 agency of the United States Government’’ and inserting 

21 ‘‘excess property from any agency of the United States 

22 Government or from a State or municipal government’’. 

23 (f) EXCEPTION.—The Secretary of State may waive 

24 any of the limitations under this section if the Secretary 

25 of State— 


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1 (1) determines that it is in the national interest 

2 of the United States that such limitation not apply; 

3 and 

4 (2) notifies the appropriate congressional com5 mittees of such determination. 

6 SEC. 9. SENSE OF CONGRESS REGARDING USE OF CON7 TRACTORS. 

8 It is the sense of Congress that, to the extent prac9 ticable— 

10 (1) activities undertaken under this Act should 

11 be performed by official employees, personnel, or of12 ficers of the Federal, State, or local government of 

13 the recipient foreign country; and 

14 (2) the United States should limit the number 

15 of contractors in a recipient country. 

16 SEC. 10. CONSOLIDATION OF REPORTING REQUIREMENTS. 

17 Section 694 of the Foreign Relations Authorization 

18 Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

19 2291 note) is repealed. 

20 SEC. 11. RELATIONSHIP TO OTHER AUTHORITY. 

21 The authority to provide assistance under this Act 

22 is in addition to any other authority to provide assistance 

23 to any country in the Region. 


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28 

•S 3172 IS

1 SEC. 12. RULE OF CONSTRUCTION. 

2 Nothing in this Act may be construed to alter, mod3 ify, or otherwise affect the provisions of the Arms Export 

4 Control Act (22 U.S.C. 2751 et seq.) unless otherwise 

5 specified in this Act. 

Æ 


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