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 con-
trol activities, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Narcotics
Control Corrections Act of 1994’’.
TITLE I—INTERNATIONAL NARCOTICS
CONTROL
SEC. 101. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT
OF 1961.
(a) USE
OF
HERBICIDES
FOR
AERIAL
ERADI-
CATION.—Section 481(d) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291(d)) is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(b) DEFINITIONS.—Section 481(e) of that Act (22
U.S.C. 2291(e)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘Except as provided in sections 490(h) and
(i) with respect to the definition of major illicit drug
producing country and major drug-transit country,
for’’ and inserting ‘‘For’’;
(2) by amending paragraph (2) to read as
follows:
‘‘(2) the term ‘major illicit drug producing
country’ means a country in which —
‘‘(A) 1,000 hectares or more of illicit
opium poppy is cultivated or harvested during
a year;
‘‘(B) 1,000 hectares or more of illicit coca
is cultivated or harvested during a year; or
‘‘(C) 5,000 hectares or more of illicit can-
nabis is cultivated or harvested during a year,
unless the President determines that such illicit
cannabis production does not significantly affect
the United States;’’;
(3) by striking ‘‘; and’’ at the end of paragraph
(5);
(4) by redesignating paragraph (6) as para-
graph (8); and
(5) by inserting after paragraph (5) the follow-
ing new paragraphs:
‘‘(6) the term ‘precursor chemical’ has the same
meaning as the term ‘listed chemical’ has under
paragraph (33) of section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802(33));
‘‘(7) the term ‘major money laundering country’
means a country whose financial institutions engage
in 
currency 
transactions 
involving 
significant
amounts of proceeds from international narcotics
trafficking; and’’.
(c) ADVANCE
NOTIFICATION
OF
TRANSFER
OF
SEIZED ASSETS.—Section 482 of that Act (22 U.S.C.
2291a) is amended by adding at the end the following new
subsection:
‘‘(e) ADVANCE NOTIFICATION
OF TRANSFER
OF
SEIZED ASSETS.—The President shall notify the appro-
priate congressional committees at least 10 days prior to
any transfer by the United States Government to a foreign
country for narcotics control purposes of any property or
funds seized by or otherwise forfeited to the United States
Government in connection with narcotics-related activ-
ity.’’.
(d) REALLOCATION
OF FUNDS WITHHELD FROM
COUNTRIES WHICH FAIL TO TAKE ADEQUATE STEPS TO
HALT ILLICIT DRUG PRODUCTION OR TRAFFICKING.—
Section 486 of that Act (22 U.S.C. 2291e) is amended—
(1) by striking ‘‘(a) ADDITIONAL ASSISTANCE
FOR COUNTRIES TAKING SIGNIFICANT STEPS.—’’;
(2) by striking ‘‘security assistance’’ in the
matter preceding paragraph (1) of subsection (a)
and inserting ‘‘assistance under this Act’’;
(3) in paragraph (2) of subsection (a)—
(A) in the heading, by striking ‘‘SECU-
RITY’’ and inserting ‘‘OTHER’’; and
(B) by striking ‘‘security’’; and
(4) by striking subsection (b).
(e) PROHIBITION ON ASSISTANCE TO DRUG TRAF-
FICKERS.—Section 487(a)(1) of that Act (22 U.S.C.
2291f(a)(1)) is amended by inserting ‘‘to’’ after ‘‘relat-
ing’’.
(f) REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Section 489 of that Act (22
U.S.C. 2291h) is amended—
(A) in the section heading, by striking
‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in-
serting ‘‘FOR FISCAL YEAR 1995’’;
(B) in subsection (a)—
(i) in the matter preceding paragraph
(1), by striking ‘‘April 1’’ and inserting
‘‘March 1’’; and
(ii) in paragraph (3)—
(I) by striking subparagraph (B);
and
(II) by redesignating subpara-
graphs (C) and (D) as subparagraphs
(B) and (C), respectively;
(C) by striking subsection (c);
(D) by redesignating subsection ‘‘(d)’’ as
subsection ‘‘(c)’’; and
(E) by amending subsection (c) (as redes-
ignated) to read as follows:
‘‘(c) EFFECTIVE DATE OF SECTIONS.—This section
applies only during fiscal year 1995. Section 489A does
not apply during that fiscal year.’’.
(2) CONFORMING AMENDMENT.—Section 489A
of that Act (22 U.S.C. 2291i) is amended in the sec-
tion heading by striking ‘‘1994’’ and inserting
‘‘1995’’.
(g) ANNUAL CERTIFICATION PROCEDURES.—
(1) IN GENERAL.—Section 490 of that Act (22
U.S.C. 2291j) is amended—
(A) in the section heading, by striking
‘‘FOR FISCAL YEARS 1993 AND 1994’’ and in-
serting ‘‘FOR FISCAL YEAR 1995’’;
(B) in subsection (a)(1), by striking ‘‘(as
determined under subsection (h))’’;
(C) in subsection (a)(2), by striking ‘‘April
1’’ and inserting ‘‘March 1’’;
(D) in subsection (c), by striking ‘‘that
such country has taken adequate steps’’ and all
that follows and inserting ‘‘that such country
maintains licit production and stockpiles at lev-
els no higher than those consistent with licit
market demand, and has taken adequate steps
to prevent significant diversion of its licit cul-
tivation and production into the illicit markets
and to prevent illicit cultivation and produc-
tion.’’;
(E) in subsection (d), by striking ‘‘45’’ and
inserting ‘‘30’’;
(F) in subsection (g)—
(i) by striking ‘‘CONGRESSIONAL’’ and
all that follows through ‘‘(1) SENATE.—’’
and inserting ‘‘SENATE PROCEDURES.—’’;
and
(ii) by striking paragraph (2);
(G) in subsection (h)—
(i) in the heading, by striking ‘‘FOR
FISCAL YEARS 1993 AND 1994’’; and
(ii) by striking ‘‘January 1’’ and in-
serting ‘‘November 1’’; and
(H) by amending subsection (i) to read as
follows:
‘‘(i) EFFECTIVE DATE OF SECTIONS.—This section
applies only during fiscal year 1995. Section 490A does
not apply during that fiscal year.’’.
(2) CONFORMING AMENDMENT.—Section 490A
of that Act (22 U.S.C. 2291k) is amended—
(A) in the section heading, by striking
‘‘1994’’ and inserting ‘‘1995’’; and
(B) in the heading of subsection (g), by
striking ‘‘1994’’ and inserting ‘‘1995’’.
SEC. 102. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) 
EXPORT-IMPORT
BANK
ACT.—Section
2(b)(6)(C)(ii)) of the Export-Import Bank Act of 1945
(22 U.S.C. 635(b)(6)(C)(ii)) is amended by striking ‘‘de-
termined under section 490(h) or 481(e), as appropriate,’’
and inserting ‘‘defined in section 481(e)’’.
(b) TITLE 18, U.S.C.—Section 981(i)(1)(C) of title
18, United States Code, is amended by striking ‘‘para-
graph (1)(A) of section 481(h)’’ and inserting ‘‘section
490(a)(1)’’.
(c) TARIFF ACT OF 1930.—Section 616(c)(2)(C) of
the Tariff Act of 1930 (19 U.S.C. 1616a(c)(2)(C)) is
amended by striking ‘‘481(h)’’ and inserting ‘‘490(b)’’.
(d) 
CONTROLLED
SUBSTANCES
ACT.—Section
511(e)(1)(E) of the Controlled Substances Act (21 U.S.C.
881(e)(1)(E)) is amended by striking ‘‘481(h)’’ and in-
serting ‘‘490(b)’’.
SEC. 103. REPEAL OF OBSOLETE PROVISIONS.
(a) 1992 INTERNATIONAL
NARCOTICS
CONTROL
ACT.—The International Narcotics Control Act of 1992
(Public Law 102–583) is repealed.
(b) 1988 INTERNATIONAL
NARCOTICS
CONTROL
ACT.—The International Narcotics Control Act of 1988
(which is title IV of the Anti-Drug Abuse Act of 1988;
Public Law 100–690) is repealed except for the title head-
ing and section 4702(a) through (f).
(c) 1986 INTERNATIONAL
NARCOTICS
CONTROL
ACT.—The International Narcotics Control Act of 1986
(which is title II of the Anti-Drug Abuse Act of 1986;
Public Law 99–570) is repealed except for the title head-
ing and section 2018.
SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY
ASSISTANCE FOR FISCAL YEAR 1995 FROM
PROHIBITION ON ASSISTANCE FOR LAW EN-
FORCEMENT AGENCIES.
(a) EXEMPTION.—For fiscal year 1995, section 660
of the Foreign Assistance Act of 1961 (22 U.S.C. 2420)
shall not apply with respect to—
(1) transfers of excess defense articles under
section 517 of that Act (22 U.S.C. 2321k) ;
(2) funds made available for the ‘‘Foreign Mili-
tary Financing Program’’ under section 23 of the
Arms Export Control Act (22 U.S.C. 2763) that are
used for assistance provided for narcotics-related
purposes; or
(3) international military education and train-
ing under chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 and following)
that is provided for narcotics-related purposes.
(b) NOTIFICATION TO CONGRESS.—At least 15 days
before any transfer under subsection (a)(1) or any obliga-
tion of funds under subsection (a)(2) or (a)(3), the Presi-
dent shall notify the appropriate congressional committees
(as defined in section 481(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291(e)) in accordance with the
procedures applicable to reprogramming notifications
under section 634A of that Act (22 U.S.C. 2394).
(c) COORDINATION WITH INTERNATIONAL NARCOT-
ICS CONTROL ASSISTANCE PROGRAM.—Assistance pro-
vided pursuant to this section shall be coordinated with
international narcotics control assistance under chapter 8
of part 1 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291 et seq.).
SEC. 105. WAIVER OF RESTRICTIONS FOR NARCOTICS-RE-
LATED ECONOMIC ASSISTANCE.
For fiscal year 1995, narcotics-related assistance
under part I of the Foreign Assistance Act of 1961 may
be provided notwithstanding any other provision of law
that restricts assistance to foreign countries (other than
section 490(e) of that Act (22 U.S.C. 2291j(e)) if, at least
15 days before obligating funds for such assistance, the
President notifies the appropriate congressional commit-
tees (as defined in section 481(e) of that Act (22 U.S.C.
2291(e)) in accordance with the procedures applicable to
reprogramming notifications under section 634A of that
Act (22 U.S.C. 2394).
SEC. 106. AUTHORITY FOR ANTICRIME ASSISTANCE.
(a) POLICY.—International criminal activities, in-
cluding international narcotics trafficking, money launder-
ing, smuggling, and corruption, endanger political and
economic stability and democratic development, and as-
sistance for the prevention and suppression of inter-
national criminal activities should be a priority for the
United States.
(b) AUTHORITY.—
(1) IN GENERAL.—For fiscal year 1995, the
President is authorized to furnish assistance to any
country or international organization, on such terms
and conditions as he may determine, for the preven-
tion and suppression of international criminal activi-
ties.
(2) WAIVER OF PROHIBITION OF POLICE TRAIN-
ING.—Section 660 of the Foreign Assistance Act of
1961 (22 U.S.C. 2420) shall not apply with respect
to assistance furnished under paragraph (1).
SEC. 107. ASSISTANCE TO DRUG TRAFFICKERS.
The President shall take all reasonable steps provided
by law to ensure that the immediate relatives of any indi-
vidual described in section 487(a) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2291f(a)), and the business
partners of any such individual or of any entity described
in such section, are not permitted entry into the United
States, consistent with the provisions of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
TITLE II—NATO PARTICIPATION ACT OF
1994
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘NATO Participation
Act of 1994’’.
SEC. 202. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
(1) the leaders of the NATO member nations
are to be commended for reaffirming that NATO
membership remains open to Partnership for Peace
countries emerging from communist domination and
for welcoming eventual expansion of NATO to in-
clude such countries;
(2) full and active participants in the Partner-
ship for Peace in a position to further the principles
of the North Atlantic Treaty and to contribute to
the security of the North Atlantic area should be in-
vited to become full NATO members in accordance
with Article 10 of such Treaty at an early date, if
such participants—
(A) maintain their progress toward estab-
lishing democratic institutions, free market
economies, civilian control of their armed
forces, and the rule of law; and
(B) remain committed to protecting the
rights of all their citizens and respecting the
territorial integrity of their neighbors;
(3) the United States, other NATO member na-
tions, and NATO itself should furnish appropriate
assistance to facilitate the transition to full NATO
membership at an early date of full and active par-
ticipants in the Partnership for Peace; and
(4) in particular, Poland, Hungary, the Czech
Republic, and Slovakia have made significant
progress toward establishing democratic institutions,
free market economies, civilian control of their
armed forces, and the rule of law since the fall of
their previous communist governments.
SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRAN-
SITION TO NATO MEMBERSHIP.
(a) IN GENERAL.—The President may establish a
program to assist the transition to full NATO membership
of Poland, Hungary, the Czech Republic, Slovakia, and
other Partnership for Peace countries emerging from com-
munist domination designated pursuant to subsection (d).
(b) CONDUCT OF PROGRAM.—The program estab-
lished under subsection (a) shall facilitate the transition
to full NATO membership of the countries described in
such subsection by supporting and encouraging, inter
alia—
(1) joint planning, training, and military exer-
cises with NATO forces;
(2) greater interoperability of military equip-
ment, air defense systems, and command, control,
and communications systems; and
(3) conformity of military doctrine.
(c) TYPE OF ASSISTANCE.—In carrying out the pro-
gram established under subsection (a), the President may
provide to the countries described in such subsection the
following types of security assistance:
(1) The transfer of excess defense articles
under section 516 of the Foreign Assistance Act of
1961, without regard to the restrictions in para-
graphs (1) through (3) of subsection (a) of such sec-
tion (relating to the eligibility of countries for such
articles under such section).
(2) The transfer of nonlethal excess defense ar-
ticles under section 519 of the Foreign Assistance
Act of 1961, without regard to the restriction in
subsection (a) of such section (relating to the jus-
tification of the foreign military financing program
for the fiscal year in which a transfer is authorized).
(3) Assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (relating to inter-
national military education and training).
(4) Assistance under section 23 of the Arms
Export Control Act (relating to the ‘‘Foreign Mili-
tary Financing Program’’).
(d) DESIGNATION
OF PARTNERSHIP
FOR PEACE
COUNTRIES
EMERGING
FROM
COMMUNIST
DOMINA-
TION.—The President may designate countries emerging
from communism and participating in the Partnership for
Peace, especially Poland, Hungary, the Czech Republic,
and Slovakia, to receive assistance under the program es-
tablished under subsection (a) if the President determines
and reports to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate that such countries—
(1) are full and active participants in the Part-
nership for Peace;
(2) have made significant progress toward es-
tablishing democratic institutions, a free market
economy, civilian control of their armed forces, and
the rule of law;
(3) are likely (in the near future) to be in a po-
sition to further the principles of the North Atlantic
Treaty and to contribute to the security of the
North Atlantic area; and
(4) are not selling or transferring defense arti-
cles to a state that has repeatedly provided support
for acts of international terrorism, as determined by
the Secretary of State under section 6(j) of the Ex-
port Administration Act of 1979.
(e) NOTIFICATION.—At least 15 days before des-
ignating any country pursuant to subsection (d), the
President shall notify the appropriate congressional com-
mittees in accordance with the procedures applicable
under section 634A of the Foreign Assistance Act of 1961.
(f) DETERMINATION.—It is hereby determined that
Poland, Hungary, the Czech Republic, and Slovakia meet
the criteria required in paragraphs (1), (2), and (3) of
subsection (d).
SEC. 204. ADDITIONAL AUTHORITIES.
(a) ARMS EXPORT CONTROL ACT.—The President is
authorized to exercise the authority of sections 63 and 65
of the Arms Export Control Act with respect to any coun-
try designated under section 203(d) of this title on the
same basis authorized with respect to NATO countries.
(b) OTHER NATO AUTHORITIES.—The President
should designate any country designated under section
203(d) of this title as eligible under sections 2350c and
2350f of title 10, United States Code.
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in the interest of maintaining stability and pro-
moting democracy in Poland, Hungary, the Czech Repub-
lic, Slovakia, and any other Partnership for Peace country
designated under section 203(d) of this title, those coun-
tries should be included in all activities under section 2457
of title 10, United States Code, related to the increased
standardization and enhanced interoperability of equip-
ment and weapons systems, through coordinated training
and procurement activities, as well as other means, under-
taken by the North Atlantic Treaty Organization members
and other allied countries.
SEC. 205. REPORTING REQUIREMENT.
The President shall include in the report required by
section 514(a) of Public Law 103–236 (22 U.S.C. 1928
note) the following:
(1) A description of all assistance provided
under the program established under section 203(a),
or otherwise provided by the United States Govern-
ment to facilitate the transition to full NATO mem-
bership of Poland, Hungary, the Czech Republic,
Slovakia, and other Partnership for Peace countries
emerging from communist domination designated
pursuant to section 203(d).
(2) A description on the basis of information re-
ceived from the recipients and from NATO of all as-
sistance provided by other NATO member nations or
NATO itself to facilitate the transition to full NATO
membership of Poland, Hungary, the Czech Repub-
lic, Slovakia, and other Partnership for Peace coun-
tries emerging from communist domination des-
ignated pursuant to section 203(d).
Æ
HR 5246 CPH——2