[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