Section 1004 Counter-Drug Assistance

Section 1004 Counter-Drug Assistance At A Glance

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Authorized in the FY 1991 National Defense Authorization Act, Section 1004 permits the Defense Department to give U.S. and foreign security forces additional support for counter-narcotic activities.

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Authorized in the FY (FY) 1991 National Defense Authorization Act, Section 1004 permitted the Defense Department (DOD) to give U.S. and foreign security forces additional support for counter-narcotic activities if requested. As amended, Section 1004 authorized DOD to provide support for the counternarcotics and counter-transnational organized crime activities of U.S. and foreign security forces and law enforcement agencies, including for maintenance and repair of equipment, transportation, training, providing infrastructure, detecting and monitoring drug trafficking, establishing command, control, communications and computer networks, aerial and ground reconnaissance, and provisions of linguist and intelligence analysis services. The FY 2017 NDAA limited the purpose of section 1004 to provide counter-drug or counter-transnational organized crime support to other U.S. government bodies, police forces, and civilian law enforcement agencies in support of foreign law enforcement. Building the capacity of foreign forces now falls imder the new multi-purpose "tran and equip" authority. Furthermore, coordination with the State Department is required. Originally intended as a temporary authorization set to expire in 1995, Section 1004 is currently extended through FY2016. Notably, Section 1004 authorities are not limited to specific countries and do not establish spending restrictions. The only legal condition prohibiting the provision of assistance under Section 1004 is the "Leahy Law," which restricts training for units of foreign security forces that abuse human rights unless "all necessary corrective steps" are taken. Between Fy2008-2010 alone, nearly $2.5 billion in assistance had been spent under this authority. Reporting requirements for Section 1004 have been irregular.

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