[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5030 Reported in House (RH)]

                                                 Union Calendar No. 401

103d CONGRESS

  2d Session

                               H. R. 5030

                          [Report No. 103-724]

_______________________________________________________________________

                                 A BILL

To amend the Foreign Assistance Act of 1961 to make certain corrections 
 relating to international narcotics control activities, and for other 
                               purposes.

_______________________________________________________________________

                           September 19, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 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 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.).