[Congressional Record Volume 145, Number 35 (Friday, March 5, 1999)]
[Senate]
[Pages S2368-S2369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 554. A bill to amend section 490 of the Foreign Assistance Act of 
1961 to provide alternative certification procedures for assistance for 
major drug producing countries and major drug transit countries; to the 
Committee on Foreign Relations.


             the drug certification improvement act of 1999

  Mr. CAMPBELL. Mr. President, today I introduce the Drug Certification 
Improvement Act of 1999 to strengthen and improve the annual drug 
certification process of countries which are fully cooperating with the 
United States to fight drug trafficking. This bill is based on 
legislation, S. 457, which I introduced in the 105th Congress.
  I am concerned that the current system, in place since 1986, no 
longer works as Congress intended. As we witnessed last Friday, 
February 26th, the administration issued its certification for 1999. 
This certification penalizes only two countries--Burma and 
Afghanistan--for not fully cooperating with the United States to combat 
drug trafficking. The administration's certification also granted 
waivers on national security grounds to four countries--Paraguay, 
Haiti, Cambodia, and Nigeria--so they will continue to receive United 
States aid.
  This certification, with only two countries sanctioned, raises 
serious concerns about the viability and effectiveness of the existing 
certification process and its underlying statutory authority. This 
concern is reflected in a Washington Post news report of February 27, 
1999, which stated: ``The Administration's relatively forgiving 
approach reflects an effort to lower the profile on the certification 
reviews and thereby reduce the political tensions it has often 
created.''
  Under current law, notice provided to the target country is often too 
late and not specific enough to address the problems. Congress also 
lacks timely and specific information that would assist in exercising 
its legislative and oversight responsibilities.
  The existing law also gives a free ride to countries which are 
decertified but then granted waivers and continue to receive aid 
because it is deemed to be in the national interest of the United 
States. These waivers allow the provision of aid year after year to 
countries not fully cooperating with the United States. What incentive 
do these countries have to improve their cooperation?
  The current certification process is set forth in section 490 of the 
Foreign Assistance Act of 1961. It requires the president to submit to 
Congress by March 1 of each year a list of major illicit drug producing 
and transiting countries which he certifies are fully cooperating with 
the United States
  Under existing law, the president has three options: One, certify a 
country which has cooperated fully with U.S. anti-drug efforts or has 
taken adequate steps on its own to comply with the 1988 U.N. anti-drug 
trafficking convention. Two, decertify a country for not fully 
cooperating. Or three, decertify a country but provide a waiver because 
it is in the national interests of the United States to continue to 
provide aid.
  Currently, when a country is decertified, at least 50 percent of U.S. 
bilateral foreign aid is suspended in the current fiscal year. In fact, 
that country may lose more than 50 percent of its current funding if 
the State Department has not yet released the aid. Unless the country 
is recertified, all U.S. aid is suspended in subsequent fiscal years. 
And, the United States is required to vote against loans in the 
multilateral development banks, such as the World Bank and the Inter-
American Development Bank.
  Congress has 30 days from receipt of the President's certification to 
enact a joint resolution disapproving the President's action. If 
Congress passes such a resolution, the President can veto it and 
require a two-thirds majority vote in Congress to override the veto. 
Congress also has its prerogative to pass a resolution at other times, 
but it too would be subject to a presidential veto.
  The alternative I am proposing today would basically put countries 
``on probation.'' By putting countries on notice that the United States 
has serious concerns about their lack of cooperation, it would provide 
a fair period of time during which those countries could address U.S. 
concerns.
  My legislation builds on the existing carrot and stick approach in 
the certification process. The carrot is certification although for a 
finite period of time of 7 months. During this ``probationary period,'' 
all U.S. aid continues to flow and the United States remains supportive 
in international development banks. The President also stipulates which 
specific conditions must be met by that country to improve its 
cooperation with the United States and to continue receiving U.S. aid. 
Not only is sufficient notice provided to the country, but to the 
Congress as well.
  The stick is a penalty similar to that under existing law. If after 7 
months the country does not comply with the stipulations made by the 
President to improve its cooperation with the United States, 100 
percent of U.S. bilateral aid is cut off. The United States also would 
vote against aid in the multilateral development banks if the country 
does not comply with U.S. stipulations, as provided for under current 
law. These penalties would remain in effect until the President 
notifies Congress that the country has complied with the stipulations 
made in the President's original probationary certification.
  My bill also provides reasonable notice to Congress. Under this 
alternative, Congress would be informed about those specific concerns 
which the President identified regarding a country's lack of 
cooperation. Congress also would be able to track that country's 
progress during the 7-month probationary period and, of course, 
maintain its prerogative to pass legislation as it deems necessary. I 
believe this would help avoid contentious battles between Congress and 
the administration which appear to be a main reason for the limited 
certification we see from the administration this year.
  It is clear that the existing certification process is flawed. The 
Drug Certification Improvement Act of 1999 provides a new certification 
option to fix the process, and I urge my colleagues to support passage 
of this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 554

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ALTERNATIVE CERTIFICATION PROCEDURES FOR 
                   ASSISTANCE FOR MAJOR DRUG PRODUCING AND DRUG 
                   TRANSIT COUNTRIES.

       (a) In General.--Section 490 of the Foreign Assistance Act 
     of 1990 (22 U.S.C. 2291j) is amended by adding at the end the 
     following:
       ``(i) Alternative Certification Procedures.--
       ``(1) In general.--In lieu of submitting a certification 
     with respect to a country under subsection (b), the President 
     may submit the certification described in paragraph (2). The 
     President shall submit the certification under such paragraph 
     at the time of the submission of the report required by 
     section 489(a).
       ``(2) Certification.--A certification with respect to a 
     country under this paragraph is a certification specifying--
       ``(A) that the withholding of assistance from the country 
     under subsection (a)(1) and the opposition to assistance to 
     the country under subsection (a)(2) in the fiscal year 
     concerned is not in the national interests of the United 
     States; and

[[Page S2369]]

       ``(B) the conditions which must be met in order to 
     terminate the applicability of paragraph (4) to the country.
       ``(3) Effect of certification in fiscal year of 
     certification.--If the President submits a certification with 
     respect to a country under paragraph (1) for a fiscal year--
       ``(A) the assistance otherwise withheld from the country 
     pursuant to subsection (a)(1) may be obligated and expended 
     in that fiscal year; and
       ``(B) the requirement of subsection (a)(2) to vote against 
     multilateral development bank assistance to the country shall 
     not apply to the country in that fiscal year.
       ``(4) Effect of certification in later fiscal years.--
       ``(A) In general.--Subparagraph (B) shall apply to a 
     country covered by a certification submitted under this 
     subsection during the period beginning on October 1 of the 
     year in which the President submits the certification and 
     ending on the date on which the President notifies Congress 
     that the conditions specified with respect to the country 
     under paragraph (2)(B) have been met.
       ``(B) Prohibition on assistance.--
       ``(i) Bilateral assistance.--During the applicability of 
     this subparagraph to a country, no United States assistance 
     allocated for the country in the report required by section 
     653 may be obligated or expended for the country.
       ``(ii) Multilateral assistance.--During the applicability 
     of this subparagraph to a country, the Secretary of the 
     Treasury shall instruct the United States Executive Director 
     of each multilateral development bank to vote against any 
     loan or other utilization of the funds of such institution to 
     or by the country.
       ``(5) Definition.--For purposes of this subsection, the 
     term `multilateral development bank' shall have the meaning 
     given the term in subsection (a)(2).''.
       (b) Conforming Amendments.--Subsection (a) of such section 
     is amended by striking ``subsection (b)'' each place it 
     appears and inserting ``subsections (b) and (i)''.
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