[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5246 Considered and Passed House (CPH)]

103d CONGRESS
  2d Session
                                H. R. 5246

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

                            October 7, 1994

  Mr. Gejdenson (for himself and Mr. Gilman) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

                            October 7, 1994

     Committee on Foreign Affairs discharged; considered and passed

_______________________________________________________________________

                                 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''.

                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 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).
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