[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 219 Reported in Senate (RS)]
Calendar No. 32
107th CONGRESS
1st Session
S. 219
To suspend for two years the certification procedures under section
490(b) of the Foreign Assistance Act of 1961 in order to foster greater
multilateral cooperation in international counternarcotics programs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2001
Mr. Dodd (for himself, Mr. McCain, Mr. Hollings, Mr. Hagel, Mrs. Boxer,
Mr. Chafee, Mr. Lugar, and Mr. Wellstone) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
April 5, 2001
Reported by Mr. Helms, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To suspend for two years the certification procedures under section
490(b) of the Foreign Assistance Act of 1961 in order to foster greater
multilateral cooperation in international counternarcotics programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. TWO-YEAR SUSPENSION OF DRUG CERTIFICATION
PROCEDURES.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) The international drug trade poses a direct
threat to the United States and to international efforts to
promote democracy, economic stability, human rights, and the
rule of law.</DELETED>
<DELETED> (2) The United States has a vital national
interest in combating the financial and other resources of the
multinational drug cartels, which resources threaten the
integrity of political and financial institutions both in the
United States and abroad.</DELETED>
<DELETED> (3) Illegal drug use occurs among members of every
ethnic and socioeconomic group in the United States.</DELETED>
<DELETED> (4) Worldwide drug trafficking generates revenues
estimated at $400,000,000,000 annually.</DELETED>
<DELETED> (5) The 1961 Single Convention on Narcotic Drugs,
the 1971 Convention on Psychotropic Substances, and the 1988
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances form the legal framework for
international dung control cooperation.</DELETED>
<DELETED> (6) The United Nations International Drug Control
Program, the International Narcotics Control Board, and the
Organization of American States can play important roles in
facilitating the development and implementation of more
effective multilateral programs to combat both domestic and
international drug trafficking and consumption.</DELETED>
<DELETED> (7) The annual certification process required by
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j), which has been in effect since 1986, does not currently
foster effective and consistent bilateral or multilateral
cooperation with United States counternarcotics programs
because its provisions are vague and inconsistently applied and
in many cases have been superseded by subsequent bilateral and
multilateral agreements and because it alienates the very
allies whose cooperation we seek.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) many governments are extremely concerned by
the national security threat posed by illicit drug production,
distribution, and consumption, and crimes related thereto,
particularly those in the Western Hemisphere;</DELETED>
<DELETED> (2) an enhanced multilateral strategy should be
developed among drug producing, transit, and consuming nations
designed to improve cooperation with respect to the
investigation and prosecution of drug related crimes, and to
make available information on effective drug education and drug
treatment;</DELETED>
<DELETED> (3) the President should at the earliest feasible
date in 2001 convene a conference of heads of state of major
illicit drug producing countries, major drug transit countries,
and major money laundering countries to present and review
country by country drug reduction and prevention strategies
relevant to the specific circumstances of each country, and
agree to a program and timetable for implementation of such
strategies; and</DELETED>
<DELETED> (4) not later than one year after the date of the
enactment of this Act, the President should transmit to
Congress legislation to implement a proposed multilateral
strategy to achieve the goals referred to in paragraph (2),
including any amendments to existing law that may be required
to implement that strategy.</DELETED>
<DELETED> (c) Two-Year Suspension of Drug Certification Process.--
(1) Subsections (a) through (g) of section 490 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j), relating to annual
certification procedures for assistance for certain drug-producing
countries and drug-transit countries, shall not apply in the first 2
calendar years beginning after the date of the enactment of this
Act.</DELETED>
<DELETED> (2) Notwithstanding any provision of paragraph (1),
section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h),
relating to the international narcotics control strategy report, and
section 490(h) of that Act (22 U.S.C. 2291j(h)), relating to
determinations of major drug-transit countries and major illicit drug
producing countries, shall continue to apply in the 2 calendar years
referred to in that paragraph.</DELETED>
<DELETED> (3) The President may waive the applicability of paragraph
(1) to one or more countries in one or both of the calendar years
referred to in that paragraph if the President determines that
bilateral counternarcotics cooperation would be enhanced by the
applicability of subsections (a) through (g) of section 490 of the
Foreign Assistance Act of 1961 to such country or countries in such
calendar year.</DELETED>
<DELETED> (d) Applicability.--(1) Except as provided in paragraph
(2), the provisions of subsection (c) shall take effect on the date of
the enactment of this Act and apply with respect to certifications
otherwise required under section 490 of the Foreign Assistance of 1961
in the first two fiscal years beginning after that date.</DELETED>
<DELETED> (2) If this Act is enacted on or before February 28, 2001,
the provisions of subsection (c) shall take effect on the date of the
enactment of this Act and apply with respect to certifications
otherwise required under section 490 of the Foreign Assistance of 1961
in fiscal years 2001 and 2002.</DELETED>
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The international drug trade poses a direct threat to
the United States and to international efforts to promote
democracy, economic stability, human rights, and the rule of
law.
(2) The United States has a vital national interest in
combating the financial and other resources of the
multinational drug cartels, which resources threaten the
integrity of political and financial institutions both in the
United States and abroad.
(3) Illegal drug use occurs among members of every ethnic
and socioeconomic group in the United States.
(4) Worldwide drug trafficking generates revenues estimated
at $400,000,000,000 annually.
(5) The Single Convention on Narcotic Drugs, 1961, as
amended by the 1972 Protocol Amending the Single Convention on
Narcotic Drugs, 1961, the Convention on Psychotropic
Substances, 1971, and the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
1988 provide the basic framework for international drug control
cooperation.
(6) The United Nations International Drug Control Program,
the International Narcotics Control Board, and the Organization
of American States can play important roles in facilitating the
development and implementation of more effective multilateral
programs to combat both domestic and international drug
trafficking and consumption.
(7) The United States Government should consider
alternatives to, or improvements in, the annual certification
process required by section 490 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291j), in order to foster more effective
and consistent bilateral and multilateral cooperation with
United States counternarcotics programs.
SEC. 2. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE
FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING
COUNTRIES.
(a) In General.--Chapter 8 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the
following new section:
``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON
ASSISTANCE FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG
PRODUCING COUNTRIES.
``(a) Annual Determination of Major Drug-Transit or Major Illicit
Drug Producing Countries.--Not later than October 1 of 2001, 2002, and
2003, the President shall submit to the appropriate congressional
committees a report identifying each country determined by the
President to be a major drug-transit country or major illicit drug
producing country for the purposes of this Act.
``(b) Designation of Countries Not Adhering to International
Agreements and not Making Counternarcotics Efforts.--In each report
under subsection (a), the President shall also--
``(1) designate each country, if any, identified in such
report that has failed demonstrably, during the previous 12
months, to make substantial efforts--
``(A) to adhere to its obligations under
international counternarcotics agreements; and
``(B) to take the counternarcotics measures set
forth in section 489(a)(1); and
``(2) include a justification for each country so
designated.
``(c) Limitation on Assistance for Designated Countries.--In the
case of a country identified in a report for a fiscal year under
subsection (a) that is also designated under subsection (b) in the
report for such fiscal year, United States assistance may be provided
to the country in such fiscal year only if the President determines and
reports to the appropriate congressional committees that--
``(1) provision of such assistance to the country in such
fiscal year is vital to the national interests of the United
States; or
``(2) commencing at any time after October 1 of such fiscal
year, the country has made substantial efforts--
``(A) to adhere to its obligations under
international counternarcotics agreements; and
``(B) to take the counternarcotics measures set
forth in section 489(a)(1).''.
``(d) International Counternarcotics Agreement Defined.--In this
section, the term `international counternarcotics agreement' means--
``(1) the United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances; or
``(2) any bilateral or multilateral agreement in force
between the United States and another country or countries that
addresses issues relating to the control of illicit drugs, such
as--
``(A) the production, distribution, and
interdiction of illicit drugs,
``(B) demand reduction,
``(C) the activities of criminal organizations,
``(D) international legal cooperation among courts,
prosecutors, and law enforcement agencies (including
the exchange of information and evidence),
``(E) the extradition of nationals and individuals
involved in drug-related criminal activity,
``(F) the temporary transfer for prosecution of
nationals and individuals involved in drug-related
criminal activity,
``(G) border security,
``(H) money laundering,
``(I) illicit firearms trafficking,
``(J) corruption,
``(K) control of precursor chemicals,
``(L) asset forfeiture, and
``(M) related training and technical assistance;
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by
participating countries with respect to such issues.''.
(b) Relationship to Permanent Law.--
(1) Limitation on applicability.--Section 490 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by
adding at the end the following new subsection:
``(i) Limitation on Applicability.--This section shall not apply
during fiscal years 2002, 2003, and 2004.''.
(2) Statutory construction.--Nothing in this Act, or any
amendment made by this Act, supersedes or modifies the
requirement in section 489(a) of the Foreign Assistance Act of
1961 for the transmittal of a report not later than March 1 of
each year under that section.
SEC. 3. SENSE OF CONGRESS ON ENHANCED INTERNATIONAL NARCOTICS CONTROL.
It is the sense of Congress that--
(1) many governments are extremely concerned by the
national security threat posed by illicit drug production,
distribution, and consumption, and crimes related thereto,
particularly those in the Western Hemisphere;
(2) an enhanced multilateral strategy should be developed
among drug producing, transit, and consuming nations designed
to improve cooperation with respect to the investigation and
prosecution of drug related crimes, and to make available
information on effective drug education and drug treatment;
(3) the United States should at the earliest feasible date
in 2001 convene a conference of representatives of major
illicit drug producing countries, major drug transit countries,
and major money laundering countries to present and review
country by country drug reduction and prevention strategies
relevant to the specific circumstances of each country, and
agree to a program and timetable for implementation of such
strategies; and
(4) not later than one year after the date of the enactment
of this Act, the President should transmit to Congress any
legislation necessary to implement a proposed multilateral
strategy to achieve the goals referred to in paragraph (2),
including any amendments to existing law that may be required
to implement that strategy.
SEC. 4. INCLUSION OF MAJOR FOREIGN DRUG TRAFFICKING ORGANIZATIONS IN
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.
Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h)
is amended--
(1) in subsection (a), by adding after the flush matter at
the end of paragraph (7) the following new paragraph (8):
``(8) The identity, to the extent consistent with
intelligence and law enforcement interests, of each foreign
organization determined by the President to be a major drug
trafficking organization, including a description of the
activities of such organization during the two fiscal years
preceding the fiscal year of the report.''; and
(2) by adding at the end the following new subsection:
``(c) Definitions.--In this section:
``(1) Major drug trafficking organization.--The term `major
drug trafficking organization' means any organization engaged
in substantial amounts of illicit activity to cultivate,
produce, manufacture, distribute, sell, finance, or transport
narcotic drugs, controlled substances, or listed chemicals,
engaged in money laundering or proceeds from such activities,
or that otherwise endeavors or attempts to do so, or to assist,
abet, conspire, or collude with others to do so.
``(2) Narcotic drug, controlled substance, listed
chemical.--The terms `narcotic drug', `controlled substance',
and `listed chemical' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C.
802).''.
SEC. 5. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION
ACT.
Section 805 of the Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) is amended
by striking subsection (f).
Amend the title so as to read: ``A Bill to amend the Foreign
Assistance Act of 1961 to provide alternative procedures during fiscal
years 2002, 2003, and 2004 for assistance for major drug-transit and
major illicit drug producing countries, and for other purposes.''.
Calendar No. 32
107th CONGRESS
1st Session
S. 219
_______________________________________________________________________
A BILL
To suspend for two years the certification procedures under section
490(b) of the Foreign Assistance Act of 1961 in order to foster greater
multilateral cooperation in international counternarcotics programs,
and for other purposes.
_______________________________________________________________________
April 5, 2001
Reported with an amendment and an amendment to the title