I

103D CONGRESS

2D SESSION H. R. 5030

To amend the Foreign Assistance Act of 1961 to make certain corrections

relating to international narcotics control activities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1994

Mr. HAMILTON introduced the following bill; which was referred to the

Committee on Foreign Affairs

A BILL

To amend the Foreign Assistance Act of 1961 to make

certain corrections relating to international narcotics control activities, and for other purposes.

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 ‘‘International Narcotics

5 Control Corrections Act of 1994’’.

6 SEC. 2. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT

7 OF 1961.

8 (a) USE OF HERBICIDES FOR AERIAL ERADI9 CATION.—Section 481(d) of the Foreign Assistance Act

10 of 1961 (22 U.S.C. 2291(d)) is amended—
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1 (1) by striking paragraph (2); and

2 (2) by redesignating paragraphs (3) and (4) as

3 paragraphs (2) and (3), respectively.

4 (b) DEFINITIONS.—Section 481(e) of that Act (22

5 U.S.C. 2291(e)) is amended—

6 (1) in the matter preceding paragraph (1), by

7 striking ‘‘Except as provided in sections 490(h) and

8 (i) with respect to the definition of major illicit drug

9 producing country and major drug-transit country,

10 for’’ and inserting ‘‘For’’;

11 (2) by amending paragraph (2) to read as fol12 lows:

13 ‘‘(2) the term ‘major illicit drug producing

14 country’ means a country in which —

15 ‘‘(A) 1,000 hectares or more of illicit

16 opium poppy is cultivated or harvested during

17 a year;

18 ‘‘(B) 1,000 hectares or more of illicit coca

19 is cultivated or harvested during a year; or

20 ‘‘(C) 5,000 hectares or more of illicit can21 nabis is cultivated or harvested during a year,

22 unless the President determines that such illicit

23 cannabis production does not significantly affect

24 the United States;’’;
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1 (3) by striking ‘‘; and’’ at the end of paragraph

2 (5);

3 (4) by redesignating paragraph (6) as para4 graph (8); and

5 (5) by inserting after paragraph (5) the follow6 ing new paragraphs:

7 ‘‘(6) the term ‘precursor chemical’ has the same

8 meaning as the term ‘listed chemical’ has under

9 paragraph (33) of section 102 of the Controlled Sub10 stances Act (21 U.S.C. 802(33));

11 ‘‘(7) the term ‘major money laundering country’

12 means a country whose financial institutions engage

13 in currency transactions involving significant

14 amounts of proceeds from international narcotics

15 trafficking; and’’.

16 (c) ADVANCE NOTIFICATION OF TRANSFER OF

17 SEIZED ASSETS.—Section 482 of that Act (22 U.S.C.

18 2291a) is amended by adding at the end the following new

19 subsection:

20 ‘‘(e) ADVANCE NOTIFICATION OF TRANSFER OF

21 SEIZED ASSETS.—The President shall notify the appro22 priate congressional committees at least 10 days prior to

23 any transfer by the United States Government to a foreign

24 country for narcotics control purposes of any property or

25 funds seized by or otherwise forfeited to the United States
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1 Government in connection with narcotics-related activ2 ity.’’.

3 (d) REALLOCATION OF FUNDS WITHHELD FROM

4 COUNTRIES WHICH FAIL TO TAKE ADEQUATE STEPS TO

5 HALT ILLICIT DRUG PRODUCTION OR TRAFFICKING.—

6 Section 486 of that Act (22 U.S.C. 2291e) is amended—

7 (1) by striking ‘‘(a) ADDITIONAL ASSISTANCE

8 FOR COUNTRIES TAKING SIGNIFICANT STEPS.—’’;

9 (2) by striking ‘‘security assistance’’ in the

10 matter preceding paragraph (1) of subsection (a)

11 and inserting ‘‘assistance under this Act’’;

12 (3) in paragraph (2) of subsection (a)—

13 (A) in the heading, by striking ‘‘SECU14 RITY’’ and inserting ‘‘OTHER’’; and

15 (B) by striking ‘‘security’’; and

16 (4) by striking subsection (b).

17 (e) PROHIBITION ON ASSISTANCE TO DRUG TRAF18 FICKERS.—Section 487(a)(1) of that Act (22 U.S.C.

19 2291f(a)(1)) is amended by inserting ‘‘to’’ after ‘‘relat20 ing’’.

21 (f) REPORTING REQUIREMENTS.—

22 (1) IN GENERAL.—Section 489 of that Act (22

23 U.S.C. 2291h) is amended—
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1 (A) in the section heading, by striking

2 ‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in3 serting ‘‘FOR FISCAL YEAR 1995’’;

4 (B) in subsection (a)—

5 (i) in the matter preceding paragraph

6 (1), by striking ‘‘April 1’’ and inserting

7 ‘‘March 1’’; and

8 (ii) in paragraph (3)—

9 (I) by striking subparagraph (B);

10 and

11 (II) by redesignating subpara12 graphs (C) and (D) as subparagraphs

13 (B) and (C), respectively;

14 (C) by striking subsection (c);

15 (D) by redesignating subsection ‘‘(d)’’ as

16 subsection ‘‘(c)’’; and

17 (E) by amending subsection (c) (as redes18 ignated) to read as follows:

19 ‘‘(c) EFFECTIVE DATE OF SECTIONS.—This section

20 applies only during fiscal year 1995. Section 489A does

21 not apply during that fiscal year.’’.

22 (2) CONFORMING AMENDMENT.—Section 489A

23 of that Act (22 U.S.C. 2291i) is amended in the sec24 tion heading by striking ‘‘1994’’ and inserting

25 ‘‘1995’’.
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1 (g) ANNUAL CERTIFICATION PROCEDURES.—

2 (1) IN GENERAL.—Section 490 of that Act (22

3 U.S.C. 2291j) is amended—

4 (A) in the section heading, by striking

5 ‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in6 serting ‘‘FOR FISCAL YEAR 1995’’;

7 (B) in subsection (a)(1), by striking ‘‘(as

8 determined under subsection (h))’’;

9 (C) in subsection (a)(2), by striking ‘‘April

10 1’’ and inserting ‘‘March 1’’;

11 (D) in subsection (c), by striking ‘‘that

12 such country has taken adequate steps’’ and all

13 that follows and inserting ‘‘that such country

14 maintains licit production and stockpiles at lev15 els no higher than those consistent with licit

16 market demand, and has taken adequate steps

17 to prevent significant diversion of its licit cul18 tivation and production into the illicit markets

19 and to prevent illicit cultivation and produc20 tion.’’;

21 (E) in subsection (d), by striking ‘‘45’’ and

22 inserting ‘‘30’’;

23 (F) in subsection (g)—

24 (i) by striking ‘‘CONGRESSIONAL’’ and

25 all that follows through ‘‘(1) SENATE.—’’
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1 and inserting ‘‘SENATE PROCEDURES.—’’;

2 and

3 (ii) by striking paragraph (2);

4 (G) in subsection (h)—

5 (i) in the heading, by striking ‘‘FOR

6 FISCAL YEARS 1993 AND 1994’’; and

7 (ii) by striking ‘‘January 1’’ and in8 serting ‘‘November 1’’; and

9 (H) by amending subsection (i) to read as

10 follows:

11 ‘‘(i) EFFECTIVE DATE OF SECTIONS.—This section

12 applies only during fiscal year 1995. Section 490A does

13 not apply during that fiscal year.’’.

14 (2) CONFORMING AMENDMENT.—Section 490A

15 of that Act (22 U.S.C. 2291k) is amended—

16 (A) in the section heading, by striking

17 ‘‘1994’’ and inserting ‘‘1995’’; and

18 (B) in the heading of subsection (g), by

19 striking ‘‘1994’’ and inserting ‘‘1995’’.

20 SEC. 3. CONFORMING AMENDMENTS TO OTHER LAWS.

21 (a) EXPORT-IMPORT BANK ACT.—Section

22 2(b)(6)(C)(ii)) of the Export-Import Bank Act of 1945

23 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by striking ‘‘de24 termined under section 490(h) or 481(e), as appropriate,’’

25 and inserting ‘‘defined in section 481(e)’’.
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1 (b) TITLE 18, U.S.C.—Section 981(i)(1)(C) of title

2 18, United States Code, is amended by striking ‘‘para3 graph (1)(A) of section 481(h)’’ and inserting ‘‘section

4 490(a)(1)’’.

5 (c) TARIFF ACT OF 1930.—Section 616(c)(2)(C) of

6 the Tariff Act of 1930 (19 U.S.C. 1616a(c)(2)(C)) is

7 amended by striking ‘‘481(h)’’ and inserting ‘‘490(b)’’.

8 (d) CONTROLLED SUBSTANCES ACT.—Section

9 511(e)(1)(E) of the Controlled Substances Act (21 U.S.C.

10 881(e)(1)(E)) is amended by striking ‘‘481(h)’’ and in11 serting ‘‘490(b)’’.

12 SEC. 4. REPEAL OF OBSOLETE PROVISIONS.

13 (a) 1992 INTERNATIONAL NARCOTICS CONTROL

14 ACT.—The International Narcotics Control Act of 1992

15 (Public Law 102–583) is repealed.

16 (b) 1988 INTERNATIONAL NARCOTICS CONTROL

17 ACT.—The International Narcotics Control Act of 1988

18 (which is title IV of the Anti-Drug Abuse Act of 1988;

19 Public Law 100–690) is repealed.

20 (c) 1986 INTERNATIONAL NARCOTICS CONTROL

21 ACT.—The International Narcotics Control Act of 1986

22 (which is title II of the Anti-Drug Abuse Act of 1986;

23 Public Law 99–570) is repealed except for the title head24 ing and section 2018.
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1 SEC. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY AS2 SISTANCE FOR FISCAL YEAR 1995 FROM PRO3 HIBITION ON ASSISTANCE FOR LAW EN4 FORCEMENT AGENCIES.

5 (a) EXEMPTION.—For fiscal year 1995, section 660

6 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420)

7 shall not apply with respect to—

8 (1) transfers of excess defense articles under

9 section 517 of that Act (22 U.S.C. 2321k) ;

10 (2) funds made available for the ‘‘Foreign Mili11 tary Financing Program’’ under section 23 of the

12 Arms Export Control Act (22 U.S.C. 2763) that are

13 used for assistance provided for narcotics-related

14 purposes; or

15 (3) international military education and train16 ing under chapter 5 of part II of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2347 and following)

18 that is provided for narcotics-related purposes.

19 (b) NOTIFICATION TO CONGRESS.—At least 15 days

20 before any transfer under subsection (a)(1) or any obliga21 tion of funds under subsection (a)(2) or (a)(3), the Presi22 dent shall notify the appropriate congressional committees

23 (as defined in section 481(e) of the Foreign Assistance

24 Act of 1961 (22 U.S.C. 2291(e)) in accordance with the

25 procedures applicable to reprogramming notifications

26 under section 634A of that Act (22 U.S.C. 2394).
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1 (c) COORDINATION WITH INTERNATIONAL NARCOT2 ICS CONTROL ASSISTANCE PROGRAM.—Assistance pro3 vided pursuant to this section shall be coordinated with

4 international narcotics control assistance under chapter 8

5 of part 1 of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2291 et seq.).

7 SEC. 6. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELAT8 ED ECONOMIC ASSISTANCE.

9 For fiscal year 1995, narcotics-related assistance

10 under part I of the Foreign Assistance Act of 1961 may

11 be provided notwithstanding any other provision of law

12 that restricts assistance to foreign countries (other than

13 section 490(e) of that Act (22 U.S.C. 2291j(e)) if, at least

14 15 days before obligating funds for such assistance, the

15 President notifies the appropriate congressional commit16 tees (as defined in section 481(e) of that Act (22 U.S.C.

17 2291(e)) in accordance with the procedures applicable to

18 reprogramming notifications under section 634A of that

19 Act (22 U.S.C. 2394).

20 SEC. 7. AUTHORITY FOR ANTICRIME ASSISTANCE.

21 (a) POLICY.—International criminal activities, in22 cluding international narcotics trafficking, money launder23 ing, smuggling, and corruption, endanger political and

24 economic stability and democratic development, and as25 sistance for the prevention and suppression of inter-
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1 national criminal activities should be a priority for the

2 United States.

3 (b) AUTHORITY.—

4 (1) IN GENERAL.—For fiscal year 1995, the

5 President is authorized to furnish assistance to any

6 country or international organization, on such terms

7 and conditions as he may determine, for the preven8 tion and suppression of international criminal activi9 ties.

10 (2) WAIVER OF PROHIBITION OF POLICE TRAIN11 ING.—Section 660 of the Foreign Assistance Act of

12 1961 (22 U.S.C. 2420) shall not apply with respect

13 to assistance furnished under paragraph (1).

14 SEC. 8. ASSISTANCE TO DRUG TRAFFICKERS.

15 The President shall take all reasonable steps provided

16 by law to ensure that the immediate relatives of any indi17 vidual described in section 487(a) of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2291f(a)), and the business

19 partners of any such individual or of any entity described

20 in such section, are not permitted entry into the United

21 States, consistent with the provisions of the Immigration

22 and Nationality Act (8 U.S.C. 1101 et seq.).

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