IB
Union Calendar No. 401
103D CONGRESS
2D SESSION
H. R. 5030
[Report No. 103–724]
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
SEPTEMBER 13, 1994
Mr. HAMILTON introduced the following bill; which was referred to the
Committee on Foreign Affairs
SEPTEMBER 19, 1994
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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’’.
SEC. 2. 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 fol-
lows:
‘‘(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. 3. 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. 4. 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.
(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. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY AS-
SISTANCE FOR FISCAL YEAR 1995 FROM PRO-
HIBITION 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. 6. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELAT-
ED 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. 7. 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. 8. 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.).