International Narcotics Control Corrections Act of 1994
PL 103-447 (H.R.5246), enacted 11/02/1994

PUBLIC LAW 103-447—NOV. 2, 1994 
108 STAT. 4691 
Public Law 103-447 
103d Congress 
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 TITLF]. 
This Act may be cited as the "International Narcotics Control 
Corrections Act of 1994". 
TITLE I—INTERNATIONAL NARCOTICS 
CONTROL 
Nov. 2, 1994 
[H.R. 5246] 
International 
Narcotics 
C!ontrol 
Corrections 
Act of 1994. 
22 u s e 2151 
note. 
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-tr£insit 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-
national narcotics trafficking; and". 
108 STAT. 4692 
PUBLIC LAW 103-447—NOV. 2, 1994 
(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.— 
President. 
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. 
229 le) 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)(l)) 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. 229li) 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"; 
PUBLIC LAW 103-447—NOV. 2, 1994 
108 STAT. 4693 
(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 12USC635. 
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)(l)(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. 
1
0
3
. 
REPEAL 
OF 
OBSOLETE 
PROVISIONS. 
(a) 1992 INTERNATIONAL NARCOTICS CONTROL ACT.—^The Inter-
national Narcotics Control Act of 1992 (Public Law 102-583) is 22USC2151 
repealed. 
^ote, 2291h note, 
(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 
22USC2151 
except for the title heading and section 4702 (a) through (f). 
^^ iiitnlS 
41 u s e 701 note. 
108 STAT. 4694 
PUBLIC LAW 103-447—NOV. 2, 1994 
(c) 1986 INTERNATIONAL NARCOTICS CONTROL ACT.—The Inter-
national Narcotics Control Act of 1986 (which is title II of the 
22 use 2151 
Anti-Drug Abuse Act of 1986; Public Law 99-570) is repealed except 
46 u'Jfl"^ ^
°
*
®
= 
for the title heading and section 2018. 
22^ua^^420 
^^^' ^^- EXEMPTION OF NARCOTICS-RELATED MILITARY ASSIST-
note 
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. 
President. 
(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.). 
22 use 2151 
SEC. 105. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECO-
note. 
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). 
22 use 2151 
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-
' When the original law was received by the National Archives and Records Administration there was a penciled 
editorial caret here, and in the adjacent margin, also in pencil was the word fragment paren handwritten and 
circled and below that a closing parenthesis mark. Through an oversight in the enrolling process this editorial 
direction was not incorporated into the text before it was printed and signed. 
PUBLIC LAW 103-447—NOV. 2, 1994 
108 STAT. 4695 
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 
'NATO Participation Act of 
SEC. 201. SHORT TITLE. 
This title may be cited as the 
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, 
8 u s e 1182. 
President. 
NATO 
Participation 
Act of 1994. 
22 u s e 1928 
note. 
108 STAT. 4696 
PUBLIC LAW 103-447—NOV. 2, 1994 
the Czech RepubUc, Slovakia, and other Partnership for Peace 
countries emerging from communist domination designated pursu-
ant to subsection (d). 
(b) CONDUCT OF PROGRAM.—^The program estabUshed 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, aAd 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 
PUBLIC LAW 103-447—NOV. 2, 1994 
108 STAT. 4697 
(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 President, 
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 
President. 
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). 
79-194 O—95—5 : QL 3 Part 6 
108 STAT. 4698 
PUBLIC LAW 103-447—NOV. 2, 1994 
(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). 
Approved November 2, 1994. 
LEGISLATIVE HISTORY—H.R. 5246: 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 7, considered and passed House. 
Oct. 8, considered and passed Senate.