[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 435 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 435

  To provide that the annual drug certification procedures under the 
  Foreign Assistance Act of 1961 not apply to certain countries with 
   which the United States has bilateral agreements and other plans 
      relating to counterdrug activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2001

 Mrs. Boxer (for herself and Mr. Gramm) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To provide that the annual drug certification procedures under the 
  Foreign Assistance Act of 1961 not apply to certain countries with 
   which the United States has bilateral agreements and other plans 
      relating to counterdrug 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. FINDINGS.

    Congress makes the following findings:
            (1) The international traffic in illicit drugs, 
        particularly along the Southwest Border, poses a serious threat 
        to the national security of the United States and to every 
        nation where the production, transit, or consumption of such 
        drugs occurs.
            (2) The United States considers combating international 
        drug cartels to be one of its highest national security and 
        foreign policy priorities.
            (3) In order to reduce and eliminate the illicit drug 
        trade, the United States and countries where substantial 
        production or transit of such drugs occurs must cooperate to 
        eradicate and interdict supplies of such drugs and to penetrate 
        the operations of major drug traffickers.
            (4) It is in the national interest that the President 
        explore all possible mechanisms, including bilateral agreements 
        and other plans on counternarcotics matters, in order to 
        facilitate cooperation in joint counternarcotics programs and 
        to better assist other governments in developing effective 
        counternarcotics programs within their territories.
            (5) The bilateral agreements and other plans on 
        counternarcotics matters to which the United States is a party 
        should establish concrete and measurable goals with transparent 
        benchmarks for measuring progress in the achievement of such 
        goals.

SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO 
              CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG 
              AGREEMENTS AND PLANS WITH THE UNITED STATES.

    (a) In General.--Section 490 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2991j) is amended by adding at the end the following new 
subsection:
    ``(i) Inapplicability to Certain Countries Having Bilateral 
Counterdrug Agreements and Plans With the United States.--
            ``(1) Inapplicability.--Subsections (a) through (g) shall 
        not apply in a fiscal year to a country to which such 
        subsections would otherwise apply in that fiscal year if the 
        President determines, not later than December 31 of that fiscal 
        year, that--
                    ``(A) the country is a party to a bilateral 
                agreement and other plans with the United States, which 
                agreement and plans together--
                            ``(i) are consistent with the goals and 
                        objectives established by international 
                        agreements on the illicit trafficking and abuse 
                        of narcotics and psychotropic drugs to which 
                        the United States and the country are parties;
                            ``(ii) address issues relating to the 
                        control of illicit drugs, including production, 
                        distribution, and interdiction, demand 
                        reduction, the activities of criminal 
                        organizations, cooperation among law 
                        enforcement agencies (including the exchange of 
                        information and evidence), extradition of 
                        individuals involved in drug-related criminal 
                        activity, border security, money laundering, 
                        firearms trafficking, corruption, control of 
                        chemicals, asset forfeiture, and training and 
                        technical assistance; and
                            ``(iii) include timetables and objective 
                        and measurable standards to assess the progress 
                        made by both countries with respect to such 
                        issues; and
                    ``(B) progress is being made in accordance with the 
                agreement and plans with respect to the control of 
                illicit drugs.
            ``(2) Consultation.--The President shall make any 
        determination under paragraph (1) after consultation with the 
        Secretary of State, the Secretary of the Treasury, the Attorney 
        General, the Director of the Office of National Drug Control 
        Policy, the Director of the Federal Bureau of Investigation, 
        the Administrator of the Drug Enforcement Administration, the 
        Commissioner of Immigration and Naturalization, and the 
        Commissioner of Customs.
            ``(3) Reports.--Not later than December 31 and June 30 of a 
        fiscal year, the President shall submit to Congress a report on 
        the progress made with respect to the control of illicit drugs 
        by each country determined to be covered by paragraph (1) for 
        that fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to the withholding of bilateral assistance and opposition 
to multilateral assistance under section 490 of the Foreign Assistance 
Act of 1961 for fiscal years beginning after that date.
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