[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5030 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 5030
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
_______________________________________________________________________
A BILL
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''.
SEC. 2. 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
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 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
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 appropriate 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 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
inserting ``Other''; and
(B) by striking ``security''; and
(4) by striking subsection (b).
(e) Prohibition on Assistance to Drug Traffickers.--Section
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 striking ``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'';
(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 levels no higher than
those consistent with licit market demand, and has
taken adequate steps to prevent significant 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 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
inserting ``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 ``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. 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
heading and section 2018.
SEC. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE 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
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 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 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-RELATED 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 committees (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, including
international 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 determine, for the prevention and suppression of
international criminal 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. 8. 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.).
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