103D CONGRESS

2D SESSION H. R. 5246

AN ACT

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 TITLE I—INTERNATIONAL

7 NARCOTICS CONTROL

8 SEC. 101. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT

9 OF 1961.

10 (a) USE OF HERBICIDES FOR AERIAL ERADI11 CATION.—Section 481(d) of the Foreign Assistance Act

12 of 1961 (22 U.S.C. 2291(d)) is amended—
2

•HR 5246 EH

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;’’;
3

•HR 5246 EH

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
4

•HR 5246 EH

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—
5

•HR 5246 EH

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’’.
6

•HR 5246 EH

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.—’’
7

•HR 5246 EH

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. 102. 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)’’.
8

•HR 5246 EH

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. 103. 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 except for the title head20 ing and section 4702 (a) through (f).

21 (c) 1986 INTERNATIONAL NARCOTICS CONTROL

22 ACT.—The International Narcotics Control Act of 1986

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

24 Public Law 99–570) is repealed except for the title head25 ing and section 2018.
9

•HR 5246 EH

1 SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY

2 ASSISTANCE FOR FISCAL YEAR 1995 FROM

3 PROHIBITION 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).
10

•HR 5246 EH

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. 105. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE8 LATED 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. 106. 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-
11

•HR 5246 EH

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. 107. 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.).
12

•HR 5246 EH

1 TITLE II—NATO PARTICIPATION

2 ACT OF 1994

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘NATO Participation

5 Act of 1994’’.

6 SEC. 202. SENSE OF THE CONGRESS.

7 It is the sense of the Congress that—

8 (1) the leaders of the NATO member nations

9 are to be commended for reaffirming that NATO

10 membership remains open to Partnership for Peace

11 countries emerging from communist domination and

12 for welcoming eventual expansion of NATO to in13 clude such countries;

14 (2) full and active participants in the Partner15 ship for Peace in a position to further the principles

16 of the North Atlantic Treaty and to contribute to

17 the security of the North Atlantic area should be in18 vited to become full NATO members in accordance

19 with Article 10 of such Treaty at an early date, if

20 such participants—

21 (A) maintain their progress toward estab22 lishing democratic institutions, free market

23 economies, civilian control of their armed

24 forces, and the rule of law; and
13

•HR 5246 EH

1 (B) remain committed to protecting the

2 rights of all their citizens and respecting the

3 territorial integrity of their neighbors;

4 (3) the United States, other NATO member na5 tions, and NATO itself should furnish appropriate

6 assistance to facilitate the transition to full NATO

7 membership at an early date of full and active par8 ticipants in the Partnership for Peace; and

9 (4) in particular, Poland, Hungary, the Czech

10 Republic, and Slovakia have made significant

11 progress toward establishing democratic institutions,

12 free market economies, civilian control of their

13 armed forces, and the rule of law since the fall of

14 their previous communist governments.

15 SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRAN16 SITION TO NATO MEMBERSHIP.

17 (a) IN GENERAL.—The President may establish a

18 program to assist the transition to full NATO membership

19 of Poland, Hungary, the Czech Republic, Slovakia, and

20 other Partnership for Peace countries emerging from com21 munist domination designated pursuant to subsection (d).

22 (b) CONDUCT OF PROGRAM.—The program estab23 lished under subsection (a) shall facilitate the transition

24 to full NATO membership of the countries described in
14

•HR 5246 EH

1 such subsection by supporting and encouraging, inter

2 alia—

3 (1) joint planning, training, and military exer4 cises with NATO forces;

5 (2) greater interoperability of military equip6 ment, air defense systems, and command, control,

7 and communications systems; and

8 (3) conformity of military doctrine.

9 (c) TYPE OF ASSISTANCE.—In carrying out the pro10 gram established under subsection (a), the President may

11 provide to the countries described in such subsection the

12 following types of security assistance:

13 (1) The transfer of excess defense articles

14 under section 516 of the Foreign Assistance Act of

15 1961, without regard to the restrictions in para16 graphs (1) through (3) of subsection (a) of such sec17 tion (relating to the eligibility of countries for such

18 articles under such section).

19 (2) The transfer of nonlethal excess defense ar20 ticles under section 519 of the Foreign Assistance

21 Act of 1961, without regard to the restriction in

22 subsection (a) of such section (relating to the jus23 tification of the foreign military financing program

24 for the fiscal year in which a transfer is authorized).
15

•HR 5246 EH

1 (3) Assistance under chapter 5 of part II of the

2 Foreign Assistance Act of 1961 (relating to inter3 national military education and training).

4 (4) Assistance under section 23 of the Arms

5 Export Control Act (relating to the ‘‘Foreign Mili6 tary Financing Program’’).

7 (d) DESIGNATION OF PARTNERSHIP FOR PEACE

8 COUNTRIES EMERGING FROM COMMUNIST DOMINA9 TION.—The President may designate countries emerging

10 from communism and participating in the Partnership for

11 Peace, especially Poland, Hungary, the Czech Republic,

12 and Slovakia, to receive assistance under the program es13 tablished under subsection (a) if the President determines

14 and reports to the Committee on Foreign Affairs of the

15 House of Representatives and the Committee on Foreign

16 Relations of the Senate that such countries—

17 (1) are full and active participants in the Part18 nership for Peace;

19 (2) have made significant progress toward es20 tablishing democratic institutions, a free market

21 economy, civilian control of their armed forces, and

22 the rule of law;

23 (3) are likely in the near future to be in a posi24 tion to further the principles of the North Atlantic
16

•HR 5246 EH

1 Treaty and to contribute to the security of the

2 North Atlantic area; and

3 (4) are not selling or transferring defense arti4 cles to a state that has repeatedly provided support

5 for acts of international terrorism, as determined by

6 the Secretary of State under section 6(j) of the Ex7 port Administration Act of 1979.

8 (e) NOTIFICATION.—At least 15 days before des9 ignating any country pursuant to subsection (d), the

10 President shall notify the appropriate congressional com11 mittees in accordance with the procedures applicable

12 under section 634A of the Foreign Assistance Act of 1961.

13 (f) DETERMINATION.—It is hereby determined that

14 Poland, Hungary, the Czech Republic, and Slovakia meet

15 the criteria required in paragraphs (1), (2), and (3) of

16 subsection (d).

17 SEC. 204. ADDITIONAL AUTHORITIES.

18 (a) ARMS EXPORT CONTROL ACT.—The President is

19 authorized to exercise the authority of sections 63 and 65

20 of the Arms Export Control Act with respect to any coun21 try designated under section 203(d) of this title on the

22 same basis authorized with respect to NATO countries.

23 (b) OTHER NATO AUTHORITIES.—The President

24 should designate any country designated under section
17

•HR 5246 EH

1 203(d) of this title as eligible under sections 2350c and

2 2350f of title 10, United States Code.

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that, in the interest of maintaining stability and pro5 moting democracy in Poland, Hungary, the Czech Repub6 lic, Slovakia, and any other Partnership for Peace country

7 designated under section 203(d) of this title, those coun8 tries should be included in all activities under section 2457

9 of title 10, United States Code, related to the increased

10 standardization and enhanced interoperability of equip11 ment and weapons systems, through coordinated training

12 and procurement activities, as well as other means, under13 taken by the North Atlantic Treaty Organization members

14 and other allied countries.

15 SEC. 205. REPORTING REQUIREMENT.

16 The President shall include in the report required by

17 section 514(a) of Public Law 103–236 (22 U.S.C. 1928

18 note) the following:

19 (1) A description of all assistance provided

20 under the program established under section 203(a),

21 or otherwise provided by the United States Govern22 ment to facilitate the transition to full NATO mem23 bership of Poland, Hungary, the Czech Republic,

24 Slovakia, and other Partnership for Peace countries
18

•HR 5246 EH

1 emerging from communist domination designated

2 pursuant to section 203(d).

3 (2) A description, on the basis of information

4 received from the recipients and from NATO, of all

5 assistance provided by other NATO member nations

6 or NATO itself to facilitate the transition to full

7 NATO membership of Poland, Hungary, the Czech

8 Republic, Slovakia, and other Partnership for Peace

9 countries emerging from communist domination des10 ignated pursuant to section 203(d).

Passed the House of Representatives October 7,

1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 5246

AN ACT

To amend the Foreign Assistance Act of 1961 to

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