H. R. 5246
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To amend the Foreign Assistance Act of 1961 to make certain corrections relating
to international narcotics control activities, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 ERADICATION.—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 cannabis is cul-
tivated 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 paragraph (8); and
(5) by inserting after paragraph (5) the following 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 Substances Act (21 U.S.C. 802(33));
‘‘(7) the term ‘major money laundering country’ means a
country whose financial institutions engage in currency trans-
actions involving significant amounts of proceeds from inter-
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(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 appropriate congressional committees
at least 10 days prior to any transfer by the United States Govern-
ment 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 activity.’’.
(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 ‘‘SECURITY’’ and insert-
ing ‘‘OTHER’’; and
(B) by striking ‘‘security’’; and
(4) by striking subsection (b).
(e) PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.—Sec-
tion 487(a)(1) of that Act (22 U.S.C. 2291f(a)(1)) is amended by
inserting ‘‘to’’ after ‘‘relating’’.
(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 inserting ‘‘FOR FISCAL YEAR
1995’’;
(B) in subsection (a)—
(i) in the matter preceding paragraph (1), by strik-
ing ‘‘April 1’’ and inserting ‘‘March 1’’; and
(ii) in paragraph (3)—
(I) by striking subparagraph (B); and
(II) by redesignating subparagraphs (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 redesignated) 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 section 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 inserting ‘‘FOR FISCAL YEAR
1995’’;
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(B) in subsection (a)(1), by striking ‘‘(as determined
under subsection (h))’’;
(C) in subsection (a)(2), by striking ‘‘April 1’’ and insert-
ing ‘‘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 levels no higher than those consistent with licit market
demand, and has taken adequate steps to prevent signifi-
cant diversion of its licit cultivation and production into
the illicit markets and to prevent illicit cultivation and
production.’’;
(E) in subsection (d), by striking ‘‘45’’ and inserting
‘‘30’’;
(F) in subsection (g)—
(i) by striking ‘‘CONGRESSIONAL’’ and all that fol-
lows 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 inserting ‘‘Novem-
ber 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 insert-
ing ‘‘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 ‘‘determined 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 ‘‘paragraph (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 inserting ‘‘490(b)’’.
SEC. 103. REPEAL OF OBSOLETE PROVISIONS.
(a) 1992 INTERNATIONAL NARCOTICS CONTROL ACT.—The Inter-
national Narcotics Control Act of 1992 (Public Law 102–583) is
repealed.
(b) 1988 INTERNATIONAL NARCOTICS CONTROL ACT.—The Inter-
national 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 heading and section 4702 (a) through (f).
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(c) 1986 INTERNATIONAL NARCOTICS CONTROL ACT.—The Inter-
national 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 heading and section 2018.
SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSIST-
ANCE FOR FISCAL YEAR 1995 FROM PROHIBITION ON
ASSISTANCE FOR LAW ENFORCEMENT 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 Military Financ-
ing 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 training under
chapter 5 of part II of the Foreign Assistance 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 obligation of funds under
subsection (a)(2) or (a)(3), the President 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 NARCOTICS CONTROL
ASSISTANCE PROGRAM.—Assistance provided pursuant to this sec-
tion shall be coordinated with international narcotics control assist-
ance 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-RELATED ECO-
NOMIC ASSISTANCE.
For fiscal year 1995, narcotics-related assistance under part
I of the Foreign Assistance Act of 1961 may be provided notwith-
standing 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 assist-
ance, 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, including inter-
national narcotics trafficking, money laundering, smuggling, and
corruption, endanger political and economic stability and democratic
development, and assistance for the prevention and suppression
of international 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 deter-
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mine, for the prevention and suppression of international crimi-
nal activities.
(2) WAIVER OF PROHIBITION OF POLICE TRAINING.—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 individual described
in section 487(a) of the Foreign Assistance 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 com-
munist domination and for welcoming eventual expansion of
NATO to include such countries;
(2) full and active participants in the Partnership 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 invited to become full NATO members in accord-
ance with Article 10 of such Treaty at an early date, if such
participants—
(A) maintain their progress toward establishing demo-
cratic 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 nations, and
NATO itself should furnish appropriate assistance to facilitate
the transition to full NATO membership at an early date of
full and active participants in the Partnership for Peace; and
(4) in particular, Poland, Hungary, the Czech Republic,
and Slovakia have made significant progress toward establish-
ing democratic institutions, free market economies, civilian con-
trol of their armed forces, and the rule of law since the fall
of their previous communist governments.
SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO
NATO MEMBERSHIP.
(a) IN GENERAL.—The President may establish a program to
assist the transition to full NATO membership of Poland, Hungary,
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the Czech Republic, Slovakia, and other Partnership for Peace
countries emerging from communist domination designated pursu-
ant to subsection (d).
(b) CONDUCT OF PROGRAM.—The program established under
subsection (a) shall facilitate the transition to full NATO member-
ship of the countries described in such subsection by supporting
and encouraging, inter alia—
(1) joint planning, training, and military exercises with
NATO forces;
(2) greater interoperability of military equipment, air
defense systems, and command, control, and communications
systems; and
(3) conformity of military doctrine.
(c) TYPE OF ASSISTANCE.—In carrying out the program estab-
lished under subsection (a), the President may provide to the coun-
tries 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 paragraphs (1) through (3) of subsection
(a) of such section (relating to the eligibility of countries for
such articles under such section).
(2) The transfer of nonlethal excess defense articles under
section 519 of the Foreign Assistance Act of 1961, without
regard to the restriction in subsection (a) of such section (relat-
ing to the justification 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 international military edu-
cation and training).
(4) Assistance under section 23 of the Arms Export Control
Act (relating to the ‘‘Foreign Military Financing Program’’).
(d) DESIGNATION
OF
PARTNERSHIP
FOR
PEACE
COUNTRIES
EMERGING FROM COMMUNIST DOMINATION.—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
established under subsection (a) if the President determines and
reports to the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of the Senate
that such countries—
(1) are full and active participants in the Partnership for
Peace;
(2) have made significant progress toward establishing
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 position to
further the principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area; and
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(4) are not selling or transferring defense articles to a
state that has repeatedly provided support for acts of inter-
national terrorism, as determined by the Secretary of State
under section 6(j) of the Export Administration Act of 1979.
(e) NOTIFICATION.—At least 15 days before designating any
country pursuant to subsection (d), the President shall notify the
appropriate congressional committees in accordance with the proce-
dures applicable under section 634A of the Foreign Assistance Act
of 1961.
(f) DETERMINATION.—It is hereby determined that Poland, Hun-
gary, 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 country 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 des-
ignate 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 Congress that,
in the interest of maintaining stability and promoting democracy
in Poland, Hungary, the Czech Republic, Slovakia, and any other
Partnership for Peace country designated under section 203(d) of
this title, those countries should be included in all activities under
section 2457 of title 10, United States Code, related to the increased
standardization and enhanced interoperability of equipment and
weapons systems, through coordinated training and procurement
activities, as well as other means, undertaken 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 pro-
gram established under section 203(a), or otherwise provided
by the United States Government to facilitate the transition
to full NATO membership of Poland, Hungary, the Czech
Republic, Slovakia, and other Partnership for Peace countries
emerging from communist domination designated pursuant to
section 203(d).
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(2) A description, on the basis of information received from
the recipients and from NATO, of all assistance provided by
other NATO member nations or NATO itself to facilitate the
transition to full NATO membership of Poland, Hungary, the
Czech Republic, Slovakia, and other Partnership for Peace coun-
tries emerging from communist domination designated pursu-
ant to section 203(d).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.