PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1883 (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) RIVERINE COUNTER-DRUG PLAN.— The Secretary of Defense, in consultation with the Secretary of State, shall prepare for fiscal year 1998 (and revise as necessary for subsequent fiscal years) a riverine 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 riverine counterdrug operations by the government.
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