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H.R. 5300IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 409 · H.R. 5300

International Narcotics and Law Enforcement compact authority

Title IV — International security affairs

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(a) Assistance authorized The Secretary may provide assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.) to any eligible country that enters into an International Narcotics and Law Enforcement Compact (in this section referred to as a Compact), as described in subsection (b). (b) Compact described A Compact described in this subsection is an agreement between the United States and an eligible country that— (1) establishes a multiyear plan for achieving narcotics control or a law enforcement objective shared by the United States and the eligible country; (2) takes into account any national counter narcotics or law enforcement strategy of the eligible country; and (3) contains— (A) the specific objectives that the eligible country and the United States expect to achieve during the term of the Compact; (B) the responsibilities of the eligible country and the United States in the achievement of such objectives; (C) regular benchmarks to measure, where appropriate, progress toward the achievement of such objectives; (D) a multiyear financial plan that— (i) includes the estimated amounts to be contributed by the Secretary and the eligible country, respectively; (ii) describes how the requirements of subparagraphs (A), (B), and (C) will be met, including identifying the role of civil society in the achievement of such requirements; and (iii) includes proposed mechanisms to implement such financial plan and provide oversight of the activities conducted pursuant to such plan; (E) a plan to ensure appropriate fiscal accountability for the use of assistance provided under this section; (F) where appropriate, a description of the current and potential participation of donors in the achievement of such objectives; (G) a requirement that open, fair, and competitive procedures are used in a transparent manner in the administration of grants, cooperative agreements, or the procurement of goods and services for the achievement of such objectives; (H) where appropriate, a process by which the Secretary and national, regional, or local units of government of the eligible country may consider solicited proposals under the Compact and unsolicited proposals; (I) the strategy of the eligible country to sustain progress made toward achieving such objectives after expiration of the Compact; and (J) a description of the role of any United States Government agency or department (aside from the Department) in any design, implementation, and monitoring of programs and activities funded under the Compact. (c) Country contributions Each Compact shall identify a contribution, as appropriate, from the eligible country relative to the national budget of such country toward meeting the objectives of the Compact, that— (1) takes into account the prevailing economic conditions; (2) is in addition to government spending allocated by such country for such objectives for the year immediately preceding the establishment of the Compact; and (3) should continue for the duration of the Compact. (d) Prohibition on taxation Each Compact shall contain a provision that states that assistance provided by the United States under the Compact shall be exempt from taxation by the government of the eligible country. (e) (1) Coordination and consultation Prior to entering into a Compact with an eligible country, the Secretary shall consult with appropriate officials of United States Government agencies and departments, particularly with officials engaged in counter narcotics or law enforcement cooperation on issues related to the Compact. (2) Local input In entering into a Compact, the United States shall seek to ensure that the government of the eligible country consults with private and voluntary organizations, the business community, and potential donors in the eligible country. (3) Coordination with donors To the maximum extent feasible, activities undertaken to achieve the objectives of each Compact shall be undertaken in coordination with the assistance activities of donors other than the United States and the eligible country. (f) Increase or extension of assistance under a compact Not later than 15 days after making a determination to increase or extend assistance under a Compact with an eligible country, the Secretary— (1) shall prepare and transmit to the appropriate congressional committees a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full text of the amendment to the Compact; and (2) shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance under the Compact in the Federal Register and on the website of the Department. (g) Concurrent and subsequent compacts (1) Concurrent compacts An eligible country that has entered into and has in effect a Compact under this section may enter into and have in effect at the same time not more than one additional Compact if— (A) one or both of the Compacts are or will be for purposes of regional counter narcotics or law enforcement cooperation; and (B) the Secretary determines that the eligible country is making considerable and demonstrable progress in implementing the terms of the existing Compact and supplementary agreements thereto. (2) Subsequent compacts The Secretary may enter into one or more subsequent Compacts in accordance with the requirements of this section after the expiration of the existing Compact. (h) Limitation on duration of compact The duration of a Compact shall not exceed five years. (i) Assistance for facilitating compact Notwithstanding subsection (a), the Secretary may enter into contracts or make grants for any eligible country for the purpose of facilitating the development and implementation of a Compact between the United States and the country. (j) Applicability of existing restrictions Assistance through a Compact shall be subject to the same restrictions on assistance provided under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.), including with respect to internationally recognized human rights. (k) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the term eligible country means a foreign country that is eligible for assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.).

Sec. 409: International Narcotics and Law Enforcement compact authority · Public Law Tracker