[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5246 Received in Senate (RDS)]
103d CONGRESS
2d Session
H. R. 5246
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7 (legislative day, September 12), 1994
Received
_______________________________________________________________________
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
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. 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 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
heading 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
heading and section 2018.
SEC. 104. 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. 105. 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. 106. 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. 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 communist
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
accordance with Article 10 of such Treaty at an early date, if
such participants--
(A) maintain their progress toward establishing
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 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 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 TRANSITION 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 communist domination designated pursuant to subsection (d).
(b) Conduct of Program.--The program established 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 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 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 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
(relating 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
education 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 Representatives 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
(4) are not selling or transferring defense articles 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 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 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 country designated under section 203(d) of this
title on the same basis authorized and 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 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
program 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).
(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
countries emerging from communist domination designated
pursuant to section 203(d).
Passed the House of Representatives October 7, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 5246 RDS----2