II

106TH CONGRESS

1ST SESSION S. 554

To amend section 490 of the Foreign Assistance Act of 1961 to provide

alternative certification procedures for assistance for major drug producing countries and major drug transit countries.

IN THE SENATE OF THE UNITED STATES

MARCH 5, 1999

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

A BILL

To amend section 490 of the Foreign Assistance Act of

1961 to provide alternative certification procedures for

assistance for major drug producing countries and major

drug transit countries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ALTERNATIVE CERTIFICATION PROCEDURES

4 FOR ASSISTANCE FOR MAJOR DRUG PRODUC5 ING AND DRUG TRANSIT COUNTRIES.

6 (a) IN GENERAL.—Section 490 of the Foreign Assist7 ance Act of 1990 (22 U.S.C. 2291j) is amended by adding

8 at the end the following:
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S 554 IS

1 ‘‘(i) ALTERNATIVE CERTIFICATION PROCEDURES.—

2 ‘‘(1) IN GENERAL.—In lieu of submitting a cer3 tification with respect to a country under subsection

4 (b), the President may submit the certification de5 scribed in paragraph (2). The President shall submit

6 the certification under such paragraph at the time of

7 the submission of the report required by section

8 489(a).

9 ‘‘(2) CERTIFICATION.—A certification with re10 spect to a country under this paragraph is a certifi11 cation specifying—

12 ‘‘(A) that the withholding of assistance

13 from the country under subsection (a)(1) and

14 the opposition to assistance to the country

15 under subsection (a)(2) in the fiscal year con16 cerned is not in the national interests of the

17 United States; and

18 ‘‘(B) the conditions which must be met in

19 order to terminate the applicability of para20 graph (4) to the country.

21 ‘‘(3) EFFECT OF CERTIFICATION IN FISCAL

22 YEAR OF CERTIFICATION.—If the President submits

23 a certification with respect to a country under para24 graph (1) for a fiscal year—
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1 ‘‘(A) the assistance otherwise withheld

2 from the country pursuant to subsection (a)(1)

3 may be obligated and expended in that fiscal

4 year; and

5 ‘‘(B) the requirement of subsection (a)(2)

6 to vote against multilateral development bank

7 assistance to the country shall not apply to the

8 country in that fiscal year.

9 ‘‘(4) EFFECT OF CERTIFICATION IN LATER FIS10 CAL YEARS.—

11 ‘‘(A) IN GENERAL.—Subparagraph (B)

12 shall apply to a country covered by a certifi13 cation submitted under this subsection during

14 the period beginning on October 1 of the year

15 in which the President submits the certification

16 and ending on the date on which the President

17 notifies Congress that the conditions specified

18 with respect to the country under paragraph

19 (2)(B) have been met.

20 ‘‘(B) PROHIBITION ON ASSISTANCE.—

21 ‘‘(i) BILATERAL ASSISTANCE.—Dur22 ing the applicability of this subparagraph

23 to a country, no United States assistance

24 allocated for the country in the report re-
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1 quired by section 653 may be obligated or

2 expended for the country.

3 ‘‘(ii) MULTILATERAL ASSISTANCE.—

4 During the applicability of this subpara5 graph to a country, the Secretary of the

6 Treasury shall instruct the United States

7 Executive Director of each multilateral de8 velopment bank to vote against any loan or

9 other utilization of the funds of such insti10 tution to or by the country.

11 ‘‘(5) DEFINITION.—For purposes of this sub12 section, the term ‘multilateral development bank’

13 shall have the meaning given the term in subsection

14 (a)(2).’’.

15 (b) CONFORMING AMENDMENTS.—Subsection (a) of

16 such section is amended by striking ‘‘subsection (b)’’ each

17 place it appears and inserting ‘‘subsections (b) and (i)’’.

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