Union Calendar No. 401

103D CONGRESS

2D SESSION H. R. 5030

[Report No. 103–724]

A BILL

To amend the Foreign Assistance Act of 1961 to

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

SEPTEMBER 19, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 401

103D CONGRESS

2D SESSION H. R. 5030

[Report No. 103–724]

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

SEPTEMBER 19, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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’’.
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1 SEC. 2. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT

2 OF 1961.

3 (a) USE OF HERBICIDES FOR AERIAL ERADI4 CATION.—Section 481(d) of the Foreign Assistance Act

5 of 1961 (22 U.S.C. 2291(d)) is amended—

6 (1) by striking paragraph (2); and

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

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

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

10 U.S.C. 2291(e)) is amended—

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

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

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

14 producing country and major drug-transit country,

15 for’’ and inserting ‘‘For’’;

16 (2) by amending paragraph (2) to read as fol17 lows:

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

19 country’ means a country in which —

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

21 opium poppy is cultivated or harvested during

22 a year;

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

24 is cultivated or harvested during a year; or

25 ‘‘(C) 5,000 hectares or more of illicit can26 nabis is cultivated or harvested during a year,
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1 unless the President determines that such illicit

2 cannabis production does not significantly affect

3 the United States;’’;

4 (3) by striking ‘‘; and’’ at the end of paragraph

5 (5);

6 (4) by redesignating paragraph (6) as para7 graph (8); and

8 (5) by inserting after paragraph (5) the follow9 ing new paragraphs:

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

11 meaning as the term ‘listed chemical’ has under

12 paragraph (33) of section 102 of the Controlled Sub13 stances Act (21 U.S.C. 802(33));

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

15 means a country whose financial institutions engage

16 in currency transactions involving significant

17 amounts of proceeds from international narcotics

18 trafficking; and’’.

19 (c) ADVANCE NOTIFICATION OF TRANSFER OF

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

21 2291a) is amended by adding at the end the following new

22 subsection:

23 ‘‘(e) ADVANCE NOTIFICATION OF TRANSFER OF

24 SEIZED ASSETS.—The President shall notify the appro25 priate congressional committees at least 10 days prior to
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1 any transfer by the United States Government to a foreign

2 country for narcotics control purposes of any property or

3 funds seized by or otherwise forfeited to the United States

4 Government in connection with narcotics-related activ5 ity.’’.

6 (d) REALLOCATION OF FUNDS WITHHELD FROM

7 COUNTRIES WHICH FAIL TO TAKE ADEQUATE STEPS TO

8 HALT ILLICIT DRUG PRODUCTION OR TRAFFICKING.—

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

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

11 FOR COUNTRIES TAKING SIGNIFICANT STEPS.—’’;

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

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

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

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

16 (A) in the heading, by striking ‘‘SECU17 RITY’’ and inserting ‘‘OTHER’’; and

18 (B) by striking ‘‘security’’; and

19 (4) by striking subsection (b).

20 (e) PROHIBITION ON ASSISTANCE TO DRUG TRAF21 FICKERS.—Section 487(a)(1) of that Act (22 U.S.C.

22 2291f(a)(1)) is amended by inserting ‘‘to’’ after ‘‘relat23 ing’’.

24 (f) REPORTING REQUIREMENTS.—
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1 (1) IN GENERAL.—Section 489 of that Act (22

2 U.S.C. 2291h) is amended—

3 (A) in the section heading, by striking

4 ‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in5 serting ‘‘FOR FISCAL YEAR 1995’’;

6 (B) in subsection (a)—

7 (i) in the matter preceding paragraph

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

9 ‘‘March 1’’; and

10 (ii) in paragraph (3)—

11 (I) by striking subparagraph (B);

12 and

13 (II) by redesignating subpara14 graphs (C) and (D) as subparagraphs

15 (B) and (C), respectively;

16 (C) by striking subsection (c);

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

18 subsection ‘‘(c)’’; and

19 (E) by amending subsection (c) (as redes20 ignated) to read as follows:

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

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

23 not apply during that fiscal year.’’.

24 (2) CONFORMING AMENDMENT.—Section 489A

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

2 ‘‘1995’’.

3 (g) ANNUAL CERTIFICATION PROCEDURES.—

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

5 U.S.C. 2291j) is amended—

6 (A) in the section heading, by striking

7 ‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in8 serting ‘‘FOR FISCAL YEAR 1995’’;

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

10 determined under subsection (h))’’;

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

12 1’’ and inserting ‘‘March 1’’;

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

14 such country has taken adequate steps’’ and all

15 that follows and inserting ‘‘that such country

16 maintains licit production and stockpiles at lev17 els no higher than those consistent with licit

18 market demand, and has taken adequate steps

19 to prevent significant diversion of its licit cul20 tivation and production into the illicit markets

21 and to prevent illicit cultivation and produc22 tion.’’;

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

24 inserting ‘‘30’’;

25 (F) in subsection (g)—
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1 (i) by striking ‘‘CONGRESSIONAL’’ and

2 all that follows through ‘‘(1) SENATE.—’’

3 and inserting ‘‘SENATE PROCEDURES.—’’;

4 and

5 (ii) by striking paragraph (2);

6 (G) in subsection (h)—

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

8 FISCAL YEARS 1993 AND 1994’’; and

9 (ii) by striking ‘‘January 1’’ and in10 serting ‘‘November 1’’; and

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

12 follows:

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

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

15 not apply during that fiscal year.’’.

16 (2) CONFORMING AMENDMENT.—Section 490A

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

18 (A) in the section heading, by striking

19 ‘‘1994’’ and inserting ‘‘1995’’; and

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

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

22 SEC. 3. CONFORMING AMENDMENTS TO OTHER LAWS.

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

24 2(b)(6)(C)(ii)) of the Export-Import Bank Act of 1945

25 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by striking ‘‘de-
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1 termined under section 490(h) or 481(e), as appropriate,’’

2 and inserting ‘‘defined in section 481(e)’’.

3 (b) TITLE 18, U.S.C.—Section 981(i)(1)(C) of title

4 18, United States Code, is amended by striking ‘‘para5 graph (1)(A) of section 481(h)’’ and inserting ‘‘section

6 490(a)(1)’’.

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

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

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

10 (d) CONTROLLED SUBSTANCES ACT.—Section

11 511(e)(1)(E) of the Controlled Substances Act (21 U.S.C.

12 881(e)(1)(E)) is amended by striking ‘‘481(h)’’ and in13 serting ‘‘490(b)’’.

14 SEC. 4. REPEAL OF OBSOLETE PROVISIONS.

15 (a) 1992 INTERNATIONAL NARCOTICS CONTROL

16 ACT.—The International Narcotics Control Act of 1992

17 (Public Law 102–583) is repealed.

18 (b) 1988 INTERNATIONAL NARCOTICS CONTROL

19 ACT.—The International Narcotics Control Act of 1988

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

21 Public Law 100–690) is repealed.

22 (c) 1986 INTERNATIONAL NARCOTICS CONTROL

23 ACT.—The International Narcotics Control Act of 1986

24 (which is title II of the Anti-Drug Abuse Act of 1986;
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1 Public Law 99–570) is repealed except for the title head2 ing and section 2018.

3 SEC. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY AS4 SISTANCE FOR FISCAL YEAR 1995 FROM PRO5 HIBITION ON ASSISTANCE FOR LAW EN6 FORCEMENT AGENCIES.

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

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

9 shall not apply with respect to—

10 (1) transfers of excess defense articles under

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

12 (2) funds made available for the ‘‘Foreign Mili13 tary Financing Program’’ under section 23 of the

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

15 used for assistance provided for narcotics-related

16 purposes; or

17 (3) international military education and train18 ing under chapter 5 of part II of the Foreign Assist19 ance Act of 1961 (22 U.S.C. 2347 and following)

20 that is provided for narcotics-related purposes.

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

22 before any transfer under subsection (a)(1) or any obliga23 tion of funds under subsection (a)(2) or (a)(3), the Presi24 dent shall notify the appropriate congressional committees

25 (as defined in section 481(e) of the Foreign Assistance
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1 Act of 1961 (22 U.S.C. 2291(e)) in accordance with the

2 procedures applicable to reprogramming notifications

3 under section 634A of that Act (22 U.S.C. 2394).

4 (c) COORDINATION WITH INTERNATIONAL NARCOT5 ICS CONTROL ASSISTANCE PROGRAM.—Assistance pro6 vided pursuant to this section shall be coordinated with

7 international narcotics control assistance under chapter 8

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

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

10 SEC. 6. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELAT11 ED ECONOMIC ASSISTANCE.

12 For fiscal year 1995, narcotics-related assistance

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

14 be provided notwithstanding any other provision of law

15 that restricts assistance to foreign countries (other than

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

17 15 days before obligating funds for such assistance, the

18 President notifies the appropriate congressional commit19 tees (as defined in section 481(e) of that Act (22 U.S.C.

20 2291(e)) in accordance with the procedures applicable to

21 reprogramming notifications under section 634A of that

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

23 SEC. 7. AUTHORITY FOR ANTICRIME ASSISTANCE.

24 (a) POLICY.—International criminal activities, in25 cluding international narcotics trafficking, money launder-
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1 ing, smuggling, and corruption, endanger political and

2 economic stability and democratic development, and as3 sistance for the prevention and suppression of inter4 national criminal activities should be a priority for the

5 United States.

6 (b) AUTHORITY.—

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

8 President is authorized to furnish assistance to any

9 country or international organization, on such terms

10 and conditions as he may determine, for the preven11 tion and suppression of international criminal activi12 ties.

13 (2) WAIVER OF PROHIBITION OF POLICE TRAIN14 ING.—Section 660 of the Foreign Assistance Act of

15 1961 (22 U.S.C. 2420) shall not apply with respect

16 to assistance furnished under paragraph (1).

17 SEC. 8. ASSISTANCE TO DRUG TRAFFICKERS.

18 The President shall take all reasonable steps provided

19 by law to ensure that the immediate relatives of any indi20 vidual described in section 487(a) of the Foreign Assist21 ance Act of 1961 (22 U.S.C. 2291f(a)), and the business

22 partners of any such individual or of any entity described

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

24 States, consistent with the provisions of the Immigration

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