PRIA, Government Policy, Made Personal

Summary

The DEA Administrator, after working with the Secretary of State, may each year give or lease nonlethal equipment to foreign police to help run joint anti‑drug programs. The gear cannot be weapons or items on the U.S. Munitions List (see section 2778), and no single piece can cost more than $100,000. The DEA must provide upkeep and repairs for any equipment it sends. Before exporting any item, the DEA must send written notice to the Senate Committee on Foreign Relations and the House Committee on International Relations, using the reprogramming‑notice procedures in section 2394–1. Congress says U.S. law enforcement in Mexico should have the same Vienna Convention diplomatic immunity as other U.S. diplomats there, and that Mexican narcotics officers in the United States should get the same diplomatic status that DEA officers have in Mexico.

Title 22, §2291–5

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

(1)Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities.

(2)(A)The Administrator may transfer or lease equipment under paragraph (1) only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to section 2778 of this title.

(B)The value of each piece of equipment transferred or leased under paragraph (1) may not exceed $100,000.

(b)Additional requirement

The Administrator shall provide for the maintenance and repair of any equipment transferred or leased under subsection (a).

(c)Notification requirement

Before the export of any item authorized for transfer under subsection (a), the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.

(d)Sense of Congress

It is the sense of Congress that—

(1)all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and

(2)all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Western Hemisphere Drug Elimination Act, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§2291–5 Provision of Nonlethal Equipment to Foreign Law Enforcement Organizations for Cooperative Illicit Narcotics Control Activities