[Congressional Record Volume 140, Number 131 (Monday, September 19, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
        INTERNATIONAL NARCOTICS CONTROL CORRECTIONS ACT OF 1994

  Mr. HAMILTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5030) to amend the Foreign Assistance Act of 1961 to make 
certain corrections relating to international narcotics control 
activities, and for other purposes.
  The Clerk read as follows:

                               H.R. 5030

       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''.

     SEC. 2. 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 new 
     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. 3. 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. 4. 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.
       (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. 5. 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. 6. 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. 7. 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. 8. 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.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana [Mr. Hamilton] will be recognized for 20 minutes, and the 
gentleman from New York [Mr. Gilman] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Indiana [Mr. Hamilton].
  Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HAMILTON asked and was given permission to revise and extend his 
remarks.)
  Mr. HAMILTON. Mr. Speaker, let me begin by commending the ranking 
Republican member of the Committee on Foreign Affairs, the gentleman 
from New York [Mr. Gilman], for his work on this bill and his 
initiative on narcotics control in general. He has been a key player in 
bringing this bill to the floor, and I am very grateful for the work 
that he has done.
  I also want to commend the chairman of the Subcommittee on 
International Security, International Organizations, and Human Rights 
Subcommittee for his outstanding work on the narcotics issue during the 
past 2 years.
  Mr. Speaker, H.R. 5030 makes a number of technical changes in the 
Foreign Assistance Act relating to the narcotics control provisions of 
chapter 8 of part I.
  The primary reason that the Congress needs to act on this bill before 
the end of the session is that the current reporting and certification 
procedures expire at the end of this fiscal year.
  In 1992, Congress instituted the current procedures for a 2-year 
trial period. The major differences between the current procedures and 
the old procedures are:
  Current procedures link certification and the annual International 
Narcotics Control Strategy report to progress in meeting the goals and 
objectives of the 1988 U.N. Convention, a more comprehensive range of 
activities than the old procedures.
  The current reporting provision requires more comprehensive reporting 
on major money laundering countries and major precursor chemical 
producers, and expands the number of countries on which the executive 
branch must report.
  The current certification process gives the executive branch 
additional flexibility to recertify countries if there has been a 
fundamental change in government or a fundamental change in the 
circumstances that led to the country being decertified.
  I believe that the current procedures result in a more effective 
certification process and in an annual report that is more useful to 
the committee in conducting its oversight of narcotics control issues.
  However, the bill only extends the reporting and certification 
requirements through fiscal year 1995.
  We have limited the extension to only 1 year because the permanent 
extension will be considered in the context of the foreign aid reform 
bill the committee is working on.
  In the same vein, the bill also includes 1-year extensions of certain 
other provisions of law which will allow the executive branch to 
continue ongoing overseas counternarcotics programs. These include:
  The exemption of the prohibition against providing security 
assistance to police; and
  The exemption from the Brooke-Alexander prohibition.
  The bill also includes a 1-year authority for the President to 
provide anti-crime assistance.
  This authority will allow the new Bureau of Narcotics and Crime at 
the Department of State to conduct limited anticrime programs to 
address such problems as money laundering and smuggling that are not 
directly related to narcotics.
  Once again, this authority is limited to 1-year because of foreign 
aid reform.
  We need to enact this technical correction to ensure both the 
continuation of important overseas narcotics control programs and the 
provision of adequate information to the committee to oversee the 
effectiveness of those programs.
  I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I am pleased to support the International 
Narcotics Control Corrections Act of 1994. In particular, the annual 
major producing or transit countries drug certification program with 
its limits on our foreign assistance, that this bill reauthorizes, is 
worthy of support. It has, in my opinion, been one of the most 
successful and effective counter-narcotics tools available to our 
Nation.
  I am also pleased that my amendment eliminating visas and other forms 
of entry to immediate relatives or any business partners of drug 
traffickers, has been incorporated in the bill before us.
  For far too long, these immediate relatives and once removed business 
associates of the drug traffickers have been able to enter the United 
States. Once here, they freely spend the dirty money from the drug 
trade in our department stores, elite schools, and elsewhere. Not any 
more. This message will be clear to all those associated with the 
traffickers: no one benefits from the drug trade. We will be following 
very carefully the administration's enforcement and implementation of 
the terms of my amendment ending this method of back door money 
laundering. It will require careful and candid interagency information 
sharing, which we haven't always witnessed to date, but we hope to see 
implemented here.
  On the overall drug battlefront, it is no secret that I have been a 
vocal critic of this administration's efforts in fighting drugs. 
However, with regard to certification at least, I must compliment the 
administration. It has tried, through an honest and sincere effort, to 
make the annual country-by-country drug certification truly meaningful.
  The straightforward reporting that we in the Congress want in these 
annual country certifications, as to the true level of cooperation from 
the major producing or transit nations, requires some additional action 
by the administration next year, on at least one other nation.
  In particular, I am referencing the nation of Vietnam, which wants 
greater acceptance into the community of nations through normalization 
of relations with the United States. Today, Vietnam is becoming a major 
transit zone for massive quantities of heroin flowing from the region, 
including Burma. Quantities of this heroin have recently resulted in 
hospital related heroin admissions rising here at home by an alarming 
44 percent. Heroin plagues our major cities like New York, with an ever 
deadly purity, and is being given out freely to hook our school kids.
  Dr. Lee Brown, our drug czar, met with me this past summer following 
his visit to Southeast Asia. He pointed out this growing drug transit 
role by Vietnam. Others also knowledgeable agree with that assessment.
  I am pleased that the administration has committed to aggressively 
make all its best efforts to gather the necessary data to submit an 
official drug certification determination on Vietnam next year. We can 
then adequately evaluate that nation's role in the heroin trade, and 
determine how it affects the direction the United States ultimately 
takes in our relations with Vietnam.
  Mr. Chairman, I urge adoption of the bill before us today and I yield 
back the balance of my time.

                              {time}  1310

  Mr. HAMILTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Fields of Louisiana). The question is on 
the motion offered by the gentleman from Indiana [Mr. Hamilton] that 
the House suspend the rules and pass the bill, H.R. 5030.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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