[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
        INTERNATIONAL NARCOTICS CONTROL CORRECTIONS ACT OF 1994

  Mr. GEJDENSON. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 5246) to amend the Foreign Assistance 
Act of 1961 to make certain corrections relating to international 
narcotics control activities, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  Mr. GILMAN. Mr. Speaker, reserving the right to object, I do not 
intend to object, but merely wish to yield to the gentleman from 
Connecticut [Mr. Gejdenson] in order to further explain the bill.
  Mr. GEJDENSON. Mr. Speaker, the bill incorporates the agreement 
reached with the Senate on H.R. 5030, which the other body will be 
unable to return to us before the House adjourns.
  Therefore, we have drafted this bill and will send it to the Senate 
awaiting their action. It is the agreement of the House and the Senate.
  I thank the gentleman from New York [Mr. Gilman] for his invaluable 
service on this matter.
  Mr. GILMAN. Mr. Speaker, further reserving the right to object. This 
is a new bill, just introduced this evening, that includes the text of 
H.R. 5030, the International Narcotics Control Corrections Act of 1994, 
which passed the House several weeks ago and was sent to the other 
body. The other body has not yet acted on H.R. 5030 and it is our 
understanding that it was scheduled to be enacted this evening and when 
it acts it is expected to approve an amendment adding a new title 
incorporating H.R. 4210, the NATO Expansion Act of 1994, which I 
introduced on April 14th of this year.
  In order to avoid the risk that the action of the other body may come 
too late for us to approve the measure as amended by the other body, we 
are requesting the passage of a new bill including what would be in the 
measure as amended by the other body. This way the other body can pass 
this bill, H.R. 5246, and send it directly to the President without the 
necessity of further action by the House of Representatives.
  Accordingly, I urge adoption of the bill.
  In order to further explain the provisions contained in this measure, 
I note that the annual reporting and certification program with regard 
to major drug producing and transit countries, reauthorized by this 
bill, is worthy of our strongest support. It is one of our most 
effective tools in the international narcotics struggle.
  I am also pleased that my amendment eliminating visas and other forms 
of entry to immediate relatives and business partners of drug 
traffickers is included in this bill.
  This visa denial provision will serve as a creative new tool for our 
drug enforcement agencies, and cut back on an insidious form of back 
door money laundering by these visitors, which has gone on far too 
long.
  In addition, Mr. Speaker, I am pleased that this bill includes a 
title incorporating my bill, H.R. 4210, to facilitate the expansion of 
the North Atlantic Treaty Organization. Under the authorities of this 
title, the President will be able to provide excess defense articles 
and other assistance to support the transition to full NATO membership 
of Poland, Hungary, the Czech Republic, and Slovakia.
  I am confident that these new authorities will contribute 
significantly to the adaptation of NATO to post-cold-war realities in 
Europe and will enhance security and stability in that part of the 
world.
  I introduced H.R. 4210 on April 14 of this year, and it now has 66 
cosponsors in the House. I am grateful for the strong support this 
measure received from my colleagues and from many concerned individuals 
and organizations around the country.
  I urge adoption of the measure before us. Thank you.
  Mr. HAMILTON. Mr. Speaker, I would like to address briefly the ``NATO 
Participation Act'' included as a Senate amendment to H.R. 5030, the 
International Narcotics Control Corrections Act of 1994.
  I have worked closely with the ranking member of the Committee on 
Foreign Affairs, Mr. Gilman, and with the other body on this amendment. 
It is now in a form that I believe is constructive, and in a form that 
is acceptable to the administration.
  I would just like to make two points about the NATO Participation 
Act.
  First, I believe that the Foreign Assistance, Arms Export Control 
Act, and Defense authorities in this legislation should be made 
available on a nondiscriminatory basis to countries that are (1) full 
and active participants in the Partnership for Peace; (2) have made 
significant progress toward establishing democratic institutions, a 
free market economy, civilian control of their armed forces, and the 
rule of law; (3) are likely in the near future to be in a position to 
further the principles of the North Atlantic Treaty and to contribute 
to the security of the North Atlantic area; and (4) are not selling or 
transferring defense articles to a state that has repeatedly provided 
support for acts of international terrorism, as determined by the 
Secretary of State under section 6(j) of the Export Administration Act 
of 1979.
  Second, I believe that countries' eligibility under other provisions 
of law for the programs described in the NATO Participation Act should 
not be limited by the enactment of this provision.
  Mr. GILMAN. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5246

       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''.

                TITLE I--INTERNATIONAL NARCOTICS CONTROL

     SEC. 101. 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) Reportign 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 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. 102. 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. 103. REPEAL OF OBSOLETE PROVISIONS.

       (a) 1992 International Narcotics Control Act.--The 
     International Narcotics Control Act of 1992 (Public Law 102-
     583) is repealed.
       (b) 1998 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 10-690) is 
     repealed except for the title heading and section 4702 (a) 
     through (f).
       (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. 104. 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. 105. 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. 106. 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. 107. 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.).
       At the end of the bill, add the following:

                TITLE II--NATO PARTICIPATION ACT OF 1994

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``NATO Participation Act of 
     1994''.

     SEC. 202. SENSE OF THE CONGRESS.

       It is the sense of the Congress that--
       (1) the leaders of the NATO member nations are to be 
     commended for reaffirming that NATO membership remains open 
     to Partnership for Peace countries emerging from communist 
     domination and for welcoming eventual expansion of NATO to 
     include such countries;
       (2) full and active participants in the Partnership for 
     Peace in a position to further the principles of the North 
     Atlantic Treaty and to contribute to the security of the 
     North Atlantic area should be invited to become full NATO 
     members in accordance with Article 10 of such Treaty at an 
     early date, if such participants--
       (A) maintain their progress toward establishing democratic 
     institutions, free market economies, civilian control of 
     their armed forces, and the rule of law; and
       (B) remain committed to protecting the rights of all their 
     citizens and respecting the territorial integrity of their 
     neighbors;
       (3) the United States, other NATO member nations, and NATO 
     itself should furnish appropriate assistance to facilitate 
     the transition to full NATO membership at an early date of 
     full and active participants in the Partnership for Peace; 
     and
       (4) in particular, Poland, Hungary, the Czech Republic, and 
     Slovakia have made significant progress toward establishing 
     democratic institutions, free market economies, civilian 
     control of their armed forces, and the rule of law since the 
     fall of their previous communist governments.

     SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO 
                   NATO MEMBERSHIP.

       (a) In General.--The President may establish a program to 
     assist the transition to full NATO membership of Poland, 
     Hungary, the Czech Republic, Slovakia, and other Partnership 
     for Peace countries emerging from communist domination 
     designated pursuant to subsection (d).
       (b) Conduct of Program.--The program established under 
     subsection (a) shall facilitate the transition to full NATO 
     membership of the countries described in such subsection by 
     supporting and encouraging, inter alia--
       (1) joint planning, training, and military exercises with 
     NATO forces;
       (2) greater interoperability of military equipment, air 
     defense systems, and command, control, and communications 
     systems; and
       (3) conformity of military doctrine.
       (c) Type of Assistance.--In carrying out the program 
     established under subsection (a), the President may provide 
     to the countries described in such subsection the following 
     types of security assistance:
       (1) The transfer of excess defense articles under section 
     516 of the Foreign Assistance Act of 1961, without regard to 
     the restrictions in paragraphs (1) through (3) of subsection 
     (a) of such section (relating to the eligibility of countries 
     for such articles under such section).
       (2) The transfer of nonlethal excess defense articles under 
     section 519 of the Foreign Assistance Act of 1961, without 
     regard to the restriction in subsection (a) of such section 
     (relating to the justification of the foreign military 
     financing program for the fiscal year in which a transfer is 
     authorized).
       (3) Assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (relating to international military 
     education and training).
       (4) Assistance under section 23 of the Arms Export Control 
     Act (relating to the ``Foreign Military Financing Program'').
       (d) Designation of Partnership for Peace Countries Emerging 
     From Communist Domination.--The President may designate 
     countries emerging from communism and participating in the 
     Partnership for Peace, especially Poland, Hungary, the Czech 
     Republic, and Slovakia, to receive assistance under the 
     program established under subsection (a) if the President 
     determines and reports to the Committee on Foreign Affairs of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate that such countries--
       (1) are full and active participants in the Partnership for 
     Peace;
       (2) have made significant progress toward establishing 
     democratic institutions, a free market economy, civilian 
     control of their armed forces, and the rule of law;
       (3) are likely (in the near future) to be in a position to 
     further the principles of the North Atlantic Treaty and to 
     contribute to the security of the North Atlantic area; and
       (4) are not selling or transferring defense articles to a 
     state that has repeatedly provided support for acts of 
     international terrorism, as determined by the Secretary of 
     State under section 6(j) of the Export Administration Act of 
     1979.
       (e) Notification.--At least 15 days before designating any 
     country pursuant to subsection (d), the President shall 
     notify the appropriate congressional committees in accordance 
     with the procedures applicable under section 634A of the 
     Foreign Assistance Act of 1961.
       (f) Determination.--It is hereby determined that Poland, 
     Hungary, the Czech Republic, and Slovakia meet the criteria 
     required in paragraphs (1), (2), and (3) of subsection (d).

     SEC. 204. ADDITIONAL AUTHORITIES.

       (a) Arms Export Control Act.--The President is authorized 
     to exercise the authority of sections 63 and 65 of the Arms 
     Export Control Act with respect to any country designated 
     under section 203(d) of this title on the same basis and with 
     respect to NATO.
       (b) Other NATO Authorities.--The President should designate 
     any country designated under section 203(d) of this title as 
     eligible under sections 2350c and 2350f of title 10, United 
     States Code.
       (c) Sense of Congress.--It is the sense of Congress that, 
     in the interest of maintaining stability and promoting 
     democracy in Poland, Hungary, the Czech Republic, Slovakia, 
     and any other Partnership for Peace country designated under 
     section 203(d) of this title, those countries should be 
     included in all activities under section 2457 of title 10, 
     United States Code, related to the increased standardization 
     and enhanced interoperability of equipment and weapons 
     systems, through coordinated training and procurement 
     activities, as well as other means, undertaken by the North 
     Atlantic Treaty Organization members and other allied 
     countries.

     SEC. 205. REPORTING REQUIREMENT.

       The President shall include in the report required by 
     section 514(a) of Public Law 103-236 (22 U.S.C. 1928 note) 
     the following:
       (1) A description of all assistance provided under the 
     program established under section 203(a), or otherwise 
     provided by the United States Government to facilitate the 
     transition to full NATO membership of Poland, Hungary, the 
     Czech Republic, Slovakia, and other Partnership for Peace 
     countries emerging from communist domination designated 
     pursuant to section 203(d).
       (2) A description on the basis of information received from 
     the recipients and from NATO, of all assistance provided by 
     other NATO member nations or NATO itself to facilitate the 
     transition to full NATO membership of Poland, Hungary, the 
     Czech Republic, Slovakia, and other Partnership for Peace 
     countries emerging from communist domination designated 
     pursuant to section 203(d).
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________