[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5246 Enrolled Bill (ENR)]

        H.R.5246

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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 newP 
    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).







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.