[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 376 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 376

To amend the Foreign Assistance Act of 1961 to modify for fiscal years 
 2002 through 2004 the procedures relating to assistance for countries 
  not cooperating in United States counterdrug efforts, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2001

  Mr. Grassley (for himself and Mr. DeWine) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
To amend the Foreign Assistance Act of 1961 to modify for fiscal years 
 2002 through 2004 the procedures relating to assistance for countries 
  not cooperating in United States counterdrug efforts, 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. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE 
              FOR COUNTRIES NOT COOPERATING WITH UNITED STATES 
              COUNTERDRUG EFFORTS.

    (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 COUNTRIES NOT COOPERATING WITH UNITED 
              STATES COUNTERDRUG EFFORTS.

    ``(a) Annual Identification of Countries Not Cooperating.--Not 
later than November 1 of 2001, 2002, and 2003, the President shall 
submit to the appropriate committees of Congress a report identifying 
each country, if any, that the President proposes to be subject to the 
provisions of subsection (f) in the fiscal year in which the country is 
so identified by reason that such country--
            ``(1) is not cooperating fully with the United States in 
        achieving full compliance with the goals and objectives of the 
        United Nations Convention Against Illicit Traffic in Narcotic 
        Drugs and Psychotropic Substances;
            ``(2) is not taking adequate steps on its own to achieve 
        full compliance with the goals and objectives of the 
        Convention; or
            ``(3) is not taking adequate steps to achieve full 
        compliance with the goals and objectives of a bilateral 
        agreement with the United States on illicit drug control.
    ``(b) Countries Subject to Withholding of Bilateral Assistance and 
Opposition to Multilateral Assistance.--
            ``(1) Identification.--Not later than March 1 of 2002, 
        2003, and 2004, the President shall submit to the appropriate 
        committees of Congress a report identifying each country, if 
        any, that shall be subject to the provisions of subsection (f) 
        during the fiscal year in which the country is so identified 
        under this subsection by reason of its identification in the 
        most recent report under subsection (a).
            ``(2) Limitation on countries identified.--A country may be 
        identified in a report under paragraph (1) only if the country 
        is also identified in the most recent report under subsection 
        (a).
    ``(c) Considerations Regarding Cooperation.--In determining whether 
or not a country is to be identified in a report under subsection (a) 
or (b), the President shall consider the extent to which the country--
            ``(1) has met the goals and objectives of the United 
        Nations Convention Against Illicit Traffic in Narcotic Drugs 
        and Psychotropic Substances, including action on such matters 
        as illicit cultivation, production, distribution, sale, 
        transport, financing, money laundering, asset seizure, 
        extradition, mutual legal assistance, law enforcement and 
        transit cooperation, precursor chemical control, and demand 
        reduction;
            ``(2) has accomplished the goals described in the 
        applicable bilateral narcotics control agreement with the 
        United States or a multilateral agreement;
            ``(3) has taken legal and law enforcement measures to 
        prevent and punish public corruption, especially by senior 
        government officials, that facilitates the production, 
        processing, or shipment of narcotic and psychotropic drugs and 
        other controlled substances, or that discourages the 
        investigation or prosecution of such acts; and
            ``(4) in the case of a country that is a producer of licit 
        opium--
                    ``(A) maintains licit production and stockpiles of 
                opium at levels no higher than those consistent with 
                licit market demand; and
                    ``(B) has taken adequate steps to prevent 
                significant diversion of its licit cultivation and 
                production of opium into illicit markets and to prevent 
                illicit cultivation and production of opium.
    ``(d) Omission for National Security Reasons.--
            ``(1) In general.--The President may omit from 
        identification in a report under subsection (b) a country 
        identified in the most recent report under subsection (a) if 
        the President determines that the vital national security 
        interests of the United States require that the country be so 
        omitted.
            ``(2) Notice to congress.--If the President omits a country 
        under paragraph (1) from a report under subsection (b), the 
        President shall include in the report under that subsection--
                    ``(A) a full and complete description of the vital 
                national security interests of the United States placed 
                at risk if the country is not so omitted; and
                    ``(B) a statement weighing the risk described in 
                subparagraph (A) against the risk posed to the vital 
                national security interests of the United States by 
                reason of the failure of the country to cooperate fully 
                with the United States in combatting narcotics or to 
                take adequate steps to combat narcotics on its own.
    ``(e) Congressional Action.--
            ``(1) In general.--The provisions of subsection (f) shall 
        apply to a country in a fiscal year if Congress enacts a joint 
        resolution, not later than March 30 of the fiscal year, 
        providing that such provisions shall apply to the country in 
        the fiscal year.
            ``(2) Covered countries.--A joint resolution referred to in 
        paragraph (1) may apply to a country for a fiscal year only if 
        the country was not identified in the report in the fiscal year 
        under subsection (b).
            ``(3) Senate procedures.--Any joint resolution under this 
        subsection shall be considered in the Senate in accordance with 
        the provisions of section 601(b) of the International Security 
        Assistance and Arms Export Control Act of 1976 (Public Law 94-
        329; 90 Stat. 765), except that for purposes of that section 
        the certification referred to in section 601(a)(2)(B) of that 
        Act shall be the applicable report of the President under 
        subsection (b) of this section.
    ``(f) Withholding of Bilateral Assistance and Opposition to 
Multilateral Assistance.--
            ``(1) Bilateral assistance.--Commencing on March 1 of a 
        fiscal year in which a country is identified in a report under 
        subsection (b), or March 31 in the case of a country covered by 
        a joint resolution enacted in accordance with subsection (e), 
        fifty percent of the United States assistance allocated to the 
        country for the fiscal year in the report required by section 
        653 shall be withheld from obligation and expenditure.
            ``(2) Multilateral assistance.--Commencing on March 1 of a 
        year in which a country is identified in a report under 
        subsection (b), or March 31 in the case of a country covered by 
        a joint resolution enacted in accordance with subsection (e), 
        the Secretary of the Treasury shall instruct the United States 
        Executive Director of each multilateral development bank to 
        vote, on and after that date, against any loan or other 
        utilization of the funds of such institution for the country.
            ``(3) Multilateral development bank defined.--In this 
        subsection, the term `multilateral development bank' means the 
        following:
                    ``(A) The International Bank for Reconstruction and 
                Development.
                    ``(B) The International Development Association.
                    ``(C) The Inter-American Development Bank.
                    ``(D) The Asian Development Bank.
                    ``(E) The African Development Bank.
                    ``(F) The European Bank for Reconstruction and 
                Development.
    ``(g) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means the following:
            ``(1) The Committees on Foreign Relations and 
        Appropriations of the Senate.
            ``(2) The Committees on International Relations and 
        Appropriations of the House of Representatives.''.
    (b) Relationship to Current Certification Process.--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. For limitations on assistance 
during those fiscal years for countries not cooperating with United 
States counterdrug efforts see section 490A.''.
    (c) Conforming Amendment.--Section 489(a)(3)(A) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291h(a)(3)(A)) is amended by 
inserting after ``under section 490(h)'' the following ``or, in 2002, 
2003, and 2004, as otherwise determined by the President for purposes 
of this section''.

SEC. 2. INCLUSION OF MAJOR DRUG TRAFFICKING ORGANIZATIONS IN 
              INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.

    Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291h), as amended by this Act, is further 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 of each organization determined by the 
        President to be a major drug trafficking organization, 
        including a description of the activities of such organization 
        during the 2 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, 
        engages in money laundering or proceeds from such activities, 
        or otherwise endeavor or attempt 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).''.
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