[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 5246 Enrolled Bill (ENR)]
H.R.5246
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend the Foreign Assistance Act of 1961 to make certain
corrections relating to international narcotics control activities, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``International Narcotics Control
Corrections Act of 1994''.

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(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 newP
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''.

51dccebb97709a50fec610ba60267acd28a38e07600dd5768550029028060783

TITLE I

-INTERNATIONAL NARCOTICS CONTROL

(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)''.

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(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 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.

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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.).

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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).

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(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).

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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.).

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

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TITLE II

-NATO PARTICIPATION ACT OF 1994

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.

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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).

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(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 authorized with respect to NATO countries.
(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.

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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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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International Narcotics Control Corrections Act of 1994 — HR. 5246

Other Sections

TITLE I

TITLE II

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