I

103D CONGRESS

2D SESSION H. R. 5246

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

OCTOBER 7, 1994

Mr. GEJDENSON (for himself and Mr. GILMAN) introduced the following bill;

which was referred to the Committee on Foreign Affairs

OCTOBER 7, 1994

Committee on Foreign Affairs discharged; considered and passed

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 TITLE I—INTERNATIONAL NARCOTICS

2 CONTROL

3 SEC. 101. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT

4 OF 1961.

5 (a) USE OF HERBICIDES FOR AERIAL ERADI6 CATION.—Section 481(d) of the Foreign Assistance Act

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

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

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

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

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

12 U.S.C. 2291(e)) is amended—

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

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

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

16 producing country and major drug-transit country,

17 for’’ and inserting ‘‘For’’;

18 (2) by amending paragraph (2) to read as

19 follows:

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

21 country’ means a country in which —

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

23 opium poppy is cultivated or harvested during

24 a year;
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1 ‘‘(B) 1,000 hectares or more of illicit coca

2 is cultivated or harvested during a year; or

3 ‘‘(C) 5,000 hectares or more of illicit can4 nabis is cultivated or harvested during a year,

5 unless the President determines that such illicit

6 cannabis production does not significantly affect

7 the United States;’’;

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

9 (5);

10 (4) by redesignating paragraph (6) as para11 graph (8); and

12 (5) by inserting after paragraph (5) the follow13 ing new paragraphs:

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

15 meaning as the term ‘listed chemical’ has under

16 paragraph (33) of section 102 of the Controlled Sub17 stances Act (21 U.S.C. 802(33));

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

19 means a country whose financial institutions engage

20 in currency transactions involving significant

21 amounts of proceeds from international narcotics

22 trafficking; and’’.

23 (c) ADVANCE NOTIFICATION OF TRANSFER OF

24 SEIZED ASSETS.—Section 482 of that Act (22 U.S.C.
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1 2291a) is amended by adding at the end the following new

2 subsection:

3 ‘‘(e) ADVANCE NOTIFICATION OF TRANSFER OF

4 SEIZED ASSETS.—The President shall notify the appro5 priate congressional committees at least 10 days prior to

6 any transfer by the United States Government to a foreign

7 country for narcotics control purposes of any property or

8 funds seized by or otherwise forfeited to the United States

9 Government in connection with narcotics-related activ10 ity.’’.

11 (d) REALLOCATION OF FUNDS WITHHELD FROM

12 COUNTRIES WHICH FAIL TO TAKE ADEQUATE STEPS TO

13 HALT ILLICIT DRUG PRODUCTION OR TRAFFICKING.—

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

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

16 FOR COUNTRIES TAKING SIGNIFICANT STEPS.—’’;

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

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

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

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

21 (A) in the heading, by striking ‘‘SECU22 RITY’’ and inserting ‘‘OTHER’’; and

23 (B) by striking ‘‘security’’; and

24 (4) by striking subsection (b).
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1 (e) PROHIBITION ON ASSISTANCE TO DRUG TRAF2 FICKERS.—Section 487(a)(1) of that Act (22 U.S.C.

3 2291f(a)(1)) is amended by inserting ‘‘to’’ after ‘‘relat4 ing’’.

5 (f) REPORTING REQUIREMENTS.—

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

7 U.S.C. 2291h) is amended—

8 (A) in the section heading, by striking

9 ‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in10 serting ‘‘FOR FISCAL YEAR 1995’’;

11 (B) in subsection (a)—

12 (i) in the matter preceding paragraph

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

14 ‘‘March 1’’; and

15 (ii) in paragraph (3)—

16 (I) by striking subparagraph (B);

17 and

18 (II) by redesignating subpara19 graphs (C) and (D) as subparagraphs

20 (B) and (C), respectively;

21 (C) by striking subsection (c);

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

23 subsection ‘‘(c)’’; and

24 (E) by amending subsection (c) (as redes25 ignated) to read as follows:
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1 ‘‘(c) EFFECTIVE DATE OF SECTIONS.—This section

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

3 not apply during that fiscal year.’’.

4 (2) CONFORMING AMENDMENT.—Section 489A

5 of that Act (22 U.S.C. 2291i) is amended in the sec6 tion heading by striking ‘‘1994’’ and inserting

7 ‘‘1995’’.

8 (g) ANNUAL CERTIFICATION PROCEDURES.—

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

10 U.S.C. 2291j) is amended—

11 (A) in the section heading, by striking

12 ‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in13 serting ‘‘FOR FISCAL YEAR 1995’’;

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

15 determined under subsection (h))’’;

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

17 1’’ and inserting ‘‘March 1’’;

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

19 such country has taken adequate steps’’ and all

20 that follows and inserting ‘‘that such country

21 maintains licit production and stockpiles at lev22 els no higher than those consistent with licit

23 market demand, and has taken adequate steps

24 to prevent significant diversion of its licit cul25 tivation and production into the illicit markets
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1 and to prevent illicit cultivation and produc2 tion.’’;

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

4 inserting ‘‘30’’;

5 (F) in subsection (g)—

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

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

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

9 and

10 (ii) by striking paragraph (2);

11 (G) in subsection (h)—

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

13 FISCAL YEARS 1993 AND 1994’’; and

14 (ii) by striking ‘‘January 1’’ and in15 serting ‘‘November 1’’; and

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

17 follows:

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

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

20 not apply during that fiscal year.’’.

21 (2) CONFORMING AMENDMENT.—Section 490A

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

23 (A) in the section heading, by striking

24 ‘‘1994’’ and inserting ‘‘1995’’; and
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1 (B) in the heading of subsection (g), by

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

3 SEC. 102. CONFORMING AMENDMENTS TO OTHER LAWS.

4 (a) EXPORT-IMPORT BANK ACT.—Section

5 2(b)(6)(C)(ii)) of the Export-Import Bank Act of 1945

6 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by striking ‘‘de7 termined under section 490(h) or 481(e), as appropriate,’’

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

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

10 18, United States Code, is amended by striking ‘‘para11 graph (1)(A) of section 481(h)’’ and inserting ‘‘section

12 490(a)(1)’’.

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

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

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

16 (d) CONTROLLED SUBSTANCES ACT.—Section

17 511(e)(1)(E) of the Controlled Substances Act (21 U.S.C.

18 881(e)(1)(E)) is amended by striking ‘‘481(h)’’ and in19 serting ‘‘490(b)’’.

20 SEC. 103. REPEAL OF OBSOLETE PROVISIONS.

21 (a) 1992 INTERNATIONAL NARCOTICS CONTROL

22 ACT.—The International Narcotics Control Act of 1992

23 (Public Law 102–583) is repealed.

24 (b) 1988 INTERNATIONAL NARCOTICS CONTROL

25 ACT.—The International Narcotics Control Act of 1988
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1 (which is title IV of the Anti-Drug Abuse Act of 1988;

2 Public Law 100–690) is repealed except for the title head3 ing and section 4702(a) through (f).

4 (c) 1986 INTERNATIONAL NARCOTICS CONTROL

5 ACT.—The International Narcotics Control Act of 1986

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

7 Public Law 99–570) is repealed except for the title head8 ing and section 2018.

9 SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY

10 ASSISTANCE FOR FISCAL YEAR 1995 FROM

11 PROHIBITION ON ASSISTANCE FOR LAW EN12 FORCEMENT AGENCIES.

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

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

15 shall not apply with respect to—

16 (1) transfers of excess defense articles under

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

18 (2) funds made available for the ‘‘Foreign Mili19 tary Financing Program’’ under section 23 of the

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

21 used for assistance provided for narcotics-related

22 purposes; or

23 (3) international military education and train24 ing under chapter 5 of part II of the Foreign Assist-
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1 ance Act of 1961 (22 U.S.C. 2347 and following)

2 that is provided for narcotics-related purposes.

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

4 before any transfer under subsection (a)(1) or any obliga5 tion of funds under subsection (a)(2) or (a)(3), the Presi6 dent shall notify the appropriate congressional committees

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

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

9 procedures applicable to reprogramming notifications

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

11 (c) COORDINATION WITH INTERNATIONAL NARCOT12 ICS CONTROL ASSISTANCE PROGRAM.—Assistance pro13 vided pursuant to this section shall be coordinated with

14 international narcotics control assistance under chapter 8

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

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

17 SEC. 105. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE18 LATED ECONOMIC ASSISTANCE.

19 For fiscal year 1995, narcotics-related assistance

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

21 be provided notwithstanding any other provision of law

22 that restricts assistance to foreign countries (other than

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

24 15 days before obligating funds for such assistance, the

25 President notifies the appropriate congressional commit-
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1 tees (as defined in section 481(e) of that Act (22 U.S.C.

2 2291(e)) in accordance with the procedures applicable to

3 reprogramming notifications under section 634A of that

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

5 SEC. 106. AUTHORITY FOR ANTICRIME ASSISTANCE.

6 (a) POLICY.—International criminal activities, in7 cluding international narcotics trafficking, money launder8 ing, smuggling, and corruption, endanger political and

9 economic stability and democratic development, and as10 sistance for the prevention and suppression of inter11 national criminal activities should be a priority for the

12 United States.

13 (b) AUTHORITY.—

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

15 President is authorized to furnish assistance to any

16 country or international organization, on such terms

17 and conditions as he may determine, for the preven18 tion and suppression of international criminal activi19 ties.

20 (2) WAIVER OF PROHIBITION OF POLICE TRAIN21 ING.—Section 660 of the Foreign Assistance Act of

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

23 to assistance furnished under paragraph (1).
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1 SEC. 107. ASSISTANCE TO DRUG TRAFFICKERS.

2 The President shall take all reasonable steps provided

3 by law to ensure that the immediate relatives of any indi4 vidual described in section 487(a) of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2291f(a)), and the business

6 partners of any such individual or of any entity described

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

8 States, consistent with the provisions of the Immigration

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

10 TITLE II—NATO PARTICIPATION ACT OF

11 1994

12 SEC. 201. SHORT TITLE.

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

14 Act of 1994’’.

15 SEC. 202. SENSE OF THE CONGRESS.

16 It is the sense of the Congress that—

17 (1) the leaders of the NATO member nations

18 are to be commended for reaffirming that NATO

19 membership remains open to Partnership for Peace

20 countries emerging from communist domination and

21 for welcoming eventual expansion of NATO to in22 clude such countries;

23 (2) full and active participants in the Partner24 ship for Peace in a position to further the principles

25 of the North Atlantic Treaty and to contribute to

26 the security of the North Atlantic area should be in-
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1 vited to become full NATO members in accordance

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

3 such participants—

4 (A) maintain their progress toward estab5 lishing democratic institutions, free market

6 economies, civilian control of their armed

7 forces, and the rule of law; and

8 (B) remain committed to protecting the

9 rights of all their citizens and respecting the

10 territorial integrity of their neighbors;

11 (3) the United States, other NATO member na12 tions, and NATO itself should furnish appropriate

13 assistance to facilitate the transition to full NATO

14 membership at an early date of full and active par15 ticipants in the Partnership for Peace; and

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

17 Republic, and Slovakia have made significant

18 progress toward establishing democratic institutions,

19 free market economies, civilian control of their

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

21 their previous communist governments.

22 SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRAN23 SITION TO NATO MEMBERSHIP.

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

25 program to assist the transition to full NATO membership
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1 of Poland, Hungary, the Czech Republic, Slovakia, and

2 other Partnership for Peace countries emerging from com3 munist domination designated pursuant to subsection (d).

4 (b) CONDUCT OF PROGRAM.—The program estab5 lished under subsection (a) shall facilitate the transition

6 to full NATO membership of the countries described in

7 such subsection by supporting and encouraging, inter

8 alia—

9 (1) joint planning, training, and military exer10 cises with NATO forces;

11 (2) greater interoperability of military equip12 ment, air defense systems, and command, control,

13 and communications systems; and

14 (3) conformity of military doctrine.

15 (c) TYPE OF ASSISTANCE.—In carrying out the pro16 gram established under subsection (a), the President may

17 provide to the countries described in such subsection the

18 following types of security assistance:

19 (1) The transfer of excess defense articles

20 under section 516 of the Foreign Assistance Act of

21 1961, without regard to the restrictions in para22 graphs (1) through (3) of subsection (a) of such sec23 tion (relating to the eligibility of countries for such

24 articles under such section).
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1 (2) The transfer of nonlethal excess defense ar2 ticles under section 519 of the Foreign Assistance

3 Act of 1961, without regard to the restriction in

4 subsection (a) of such section (relating to the jus5 tification of the foreign military financing program

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

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

8 Foreign Assistance Act of 1961 (relating to inter9 national military education and training).

10 (4) Assistance under section 23 of the Arms

11 Export Control Act (relating to the ‘‘Foreign Mili12 tary Financing Program’’).

13 (d) DESIGNATION OF PARTNERSHIP FOR PEACE

14 COUNTRIES EMERGING FROM COMMUNIST DOMINA15 TION.—The President may designate countries emerging

16 from communism and participating in the Partnership for

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

18 and Slovakia, to receive assistance under the program es19 tablished under subsection (a) if the President determines

20 and reports to the Committee on Foreign Affairs of the

21 House of Representatives and the Committee on Foreign

22 Relations of the Senate that such countries—

23 (1) are full and active participants in the Part24 nership for Peace;
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1 (2) have made significant progress toward es2 tablishing democratic institutions, a free market

3 economy, civilian control of their armed forces, and

4 the rule of law;

5 (3) are likely (in the near future) to be in a po6 sition to further the principles of the North Atlantic

7 Treaty and to contribute to the security of the

8 North Atlantic area; and

9 (4) are not selling or transferring defense arti10 cles to a state that has repeatedly provided support

11 for acts of international terrorism, as determined by

12 the Secretary of State under section 6(j) of the Ex13 port Administration Act of 1979.

14 (e) NOTIFICATION.—At least 15 days before des15 ignating any country pursuant to subsection (d), the

16 President shall notify the appropriate congressional com17 mittees in accordance with the procedures applicable

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

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

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

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

22 subsection (d).

23 SEC. 204. ADDITIONAL AUTHORITIES.

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

25 authorized to exercise the authority of sections 63 and 65
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1 of the Arms Export Control Act with respect to any coun2 try designated under section 203(d) of this title on the

3 same basis authorized with respect to NATO countries.

4 (b) OTHER NATO AUTHORITIES.—The President

5 should designate any country designated under section

6 203(d) of this title as eligible under sections 2350c and

7 2350f of title 10, United States Code.

8 (c) SENSE OF CONGRESS.—It is the sense of Con9 gress that, in the interest of maintaining stability and pro10 moting democracy in Poland, Hungary, the Czech Repub11 lic, Slovakia, and any other Partnership for Peace country

12 designated under section 203(d) of this title, those coun13 tries should be included in all activities under section 2457

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

15 standardization and enhanced interoperability of equip16 ment and weapons systems, through coordinated training

17 and procurement activities, as well as other means, under18 taken by the North Atlantic Treaty Organization members

19 and other allied countries.

20 SEC. 205. REPORTING REQUIREMENT.

21 The President shall include in the report required by

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

23 note) the following:

24 (1) A description of all assistance provided

25 under the program established under section 203(a),
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1 or otherwise provided by the United States Govern2 ment to facilitate the transition to full NATO mem3 bership of Poland, Hungary, the Czech Republic,

4 Slovakia, and other Partnership for Peace countries

5 emerging from communist domination designated

6 pursuant to section 203(d).

7 (2) A description on the basis of information re8 ceived from the recipients and from NATO of all as9 sistance provided by other NATO member nations or

10 NATO itself to facilitate the transition to full NATO

11 membership of Poland, Hungary, the Czech Repub12 lic, Slovakia, and other Partnership for Peace coun13 tries emerging from communist domination des14 ignated pursuant to section 203(d).

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