H.R. 6187 (102nd): International Narcotics Control Act of 1992

102nd Congress, 1991–1992. Text as of Nov 02, 1992 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

106 STAT. 4914                     PUBLIC LAW 102-583—NOV. 2, 1992

                 Public Law 102-583
                 102d Congress
                                                       An Act
  Nov. 2, 1992   To amend the Foreign Assistance Act of 1961 with respect to international narcotics
  [H.R. 6187]                 control programs and activities, and for other purposes.
                     Be it enacted by the Senate and House of Representatives of
International    the United States ofAmerica in Congress assembled,
Narcotics
Control Act of   SECTION 1. SHORT TITLE.
1992.
22 u s e 2151        This Act may be cited as the ''International Narcotics Control
note.            Act of 1992".
                 SEC. 2. TABLE OF CONTENTS.
                        The table of contents for this Act is as follows:
                 Sec.   1. Short title.
                 Sec.   2. Table of contents.
                 Sec.   3. Authorizations of appropriations.
                 Sec.   4. Amendments relating to certain authorities and requirements.
                 Sec.   5. Annual reporting and certification requirements.
                 Sec.   6. Technical, conforming, and other amendments; repeal of obsolete provisions.
                 Sec.   7. Exemption of narcotics-related militaiy assistance for fiscal years 1993 and
                             1994 from prohibition on assistance for law enforcement agencies.
                 Sec.   8. Waiver of restrictions for narcotics-related economic assistance.
                 Sec.   9. Transfers of excess defense articles for countemarcotics purposes.
                 Sec.   10., Participants in international military education and training programs.
                 Sec.   11., Definition of appropriate congressional committees.
                 Sec.   12., Export-Import Bank financing of sales of defense articles or services.

                 SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
22 use 2291a.         Section 482(aXl) of the Foreign Assistance Act of 1961 is
                 amended by striking out "$115,000,000 for fiscal year 1990" and
                 inserting in lieu thereof "$147,783,000 for fiscal year 1993 and
                 $171,500,000 for fiscal year 1994".
                 SEC. 4. AMENDMENTS RELATING TO CERTAIN AUTHORITIES AND
                           REQUIREMENTS.
                      (a) PoucY STATEMENT.—Section 481 of the Foreign Assistance
22 use 2291.      Act of 1961 is amended by striking out the section designation
                 and section heading and subsection (aXD and inserting in Ueu
                 thereof the following:
                 'nSEC. 481. POUCY, GENERAL AUTHORITIES, COORDINATION, FOREIGN
                               POUCE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
                      "(a) PoucY AND GENERAL AUTHORITIES.—
                           "(1) STATEMENTS OF POUCY.—(A) International narcotics
                        trafficking poses an unparalleled transnational threat in toda/s
                        world, and its suppression is among the most important foreign
                        policy objectives of the United States.
                             "(B) Under the Single Convention on Nsircotic Drugs, 1961,
                        and under the United Nations Convention Against Illicit Trafiic
                        in Narcotic Drugs and Psychotropic Substances, the parties
                        are required to criminalize certain drug-related activities, pro-

PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4915 vide appropriately severe penalties, and cooperate in the extra- dition of accused offenders. "(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufac- ture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical (Aversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived. "(D) The international community should provide assist- ance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obliga- tions. **(E) The objective of the United States in dealing with the problem of international money laimdering is to ensure that coimtries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions. "(F) Effective international cooperation is necessary to con- trol the illicit cultivation, production, and smuggling of, traffick- ing in, and abuse of narcotic and psychotropic drugs.". (b) AUTHORITY T O CONCLUDE AGREEMENTS.—Section 481(aX2) of that Act is amended by inserting ", including reciprocal maritime 22 USC 2291. agreements," after "agreements". (c) COORDINATION OF ALL UNITED STATES ANTINARCOTICS ASSISTANCE TO FOREIGN COUNTRIES.—Section 481(b) of that Act is amended to read as follows: "(b) COORDINATION OF ALL UNITED STATES ANTINARCOTICS ASSISTANCE TO FOREIGN COUNTRIES.— "(1) RESPONSIBILITY OF SECRETARY OF STATE.—Consistent with subtitle A of title I of the Anti-Drug Abuse Act of 1988, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government to support international efforts to combat illicit narcotics produc- tion or trafficking. "(2) RULE OF CONSTRUCTION.—Nothing contained in this subsection or section 489(b) shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.". (d) MARITIME LAW ENFORCEMENT IN ARCHIPELAGIC WATERS.— Section 481(c)(4) of that Act is amended by inserting "or archipelagic waters" aft«r "sea". (e) PROCUREMENT OF WEAPONS AND AMMUNITION.—Section 482(b) of that Act is amended to read as follows: 22 USC 2291a. "(b) PROCUREMENT OF WEAPONS AND AMMUNITION.— "(1) PROHIBITION.—Except as provided in paragraph (2), funds made available to carry out this chapter shall not be made available for the procurement of weapons or ammunition. "(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect to funds for the procurement of— "(A) weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related pur- poses, or "(B) firearms and related ammunition provided only for defensive purposes to employees or contract personnel
106 STAT. 4916 PUBLIC LAW 102-583—NOV. 2, 1992 of the Department of State engaged in activities under this chapter, if, at least 15 days before obligating those fiinds, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A''. (f) REQUIREII«ENTS RELATING TO AIRCRAFT AND OTHER EQUIP- MENT — 22 use 2291c. (1) RETENTION OF TITLE.—Section 484 of that Act is amended to read as follows: "SEC. 484. REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPBIENT. "(a) RETENTION OF TTTLE TO AIRCRAFT.— **(!) IN GENERAL.—(A) Except as provided in paragraph (2), any aircraft made available to a foreign country u n ^ r this chapter, or made available to a foreign country primsurily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis. "(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986). "(2) EXCEPTIONS.—(A) Paragraph (1) shall not apply to the extent that— "(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and "(ii) the President notifies the appropriate congres- sional committees in accordance with Uie procecmres applicable to reprogramming notifications unc^r section 634A "(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign countxy under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries. "(3) ASSISTANCE FOR LEASING OF AIRCRAFT.—(A) For pur- poses of satisfying the requirement of paragraph (1), fimds made available for the Toreign Military Financing Program' under section 23 of the Arms Export Control Act may be used to finance the leasing of aircraft under chapter 6 of that Act. "(B) Section 61(aX3) of that Act shall not apply with respc^ to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(aXlXB) or section 22 of that Act (as appropriate). "(C) To the extent that aircraft so leased were acquired under chapter 5 of that Act, fands used pursuant to this para- graph to nnance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of fimds that reflects the charges described in section 21(eXl) of that Act). The fimds described in the par- enthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act.*.
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4917 (2) PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIP- MENT.—Chapter 8 of part I of that Act is amended— (A) by striking out the section designation and section heacting of section 489; 22 u s e 2291h. (B) in subsection (a) of section 489, by striking out "IN GENERAL" and inserting in lieu thereof "PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT"; (C) in subsection (b) of section 489 by striking out "subsection (e)" and inserting in Ueu thereof "section 489(ar; (D) by redesignating subsections (a) and (b) of section 489 as subsections (b) and (c) of section 484 and inserting 22 u s e 2291h, those subsections after subsection (a) of section 484 (as 2291c. amended by paragraph (1) of this subsection); and (E) by repeaUng subsections (c) and (d) of section 489. (3) RECORDS OF AIRCRAFT USE.—Section 485 of that Act 22 u s e 2291d. is amended by striking out "Secretary of State" both places it appears and inserting in lieu thereof "President". (g) ACQUISITION OF REAL PROPERTY; CONSTRUCTION OF FACIU- TIES.—^Section 488 of that Act is amended to read as follows: 22 u s e 2291g. '^EC. 488. UMTTATIONS ON ACQUISITION OF REAL PROPERTY AND C O N S T R U C T I O N O F FACIUnES. "(a) ACQUISITION OF REAL PROPERTY.— "(1) PROHIBITION.—^Funds made available to carry out this chapter may not be used to acquire (by purchase or other means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces. "(2) EXCEPTION FOR CERTAIN LEASES.—Paragraph (1) shall not apply to the acquisition of real property by lease of a duration not to exceed 2 years. "(3) REPORT.—The Secretary of State shall provide to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate within 30 days after the end of each quarter of the fiscal year a detailed report on all leases entered into pursuant to paragraph (2), including the cost and duration of such lease, a description of the property leased, and the purpose for which such lease was entered into. "(b) CONSTRUCTION OF FACILITIES.- "(1) LIMITATION.—Funds made available to carry out this chapter may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congres- sional committees in accordance with procedures applicable to reprogramming notifications under section 634A ^(2) EXCEPTION.—Paragraph (1) shall not apply to the construction of facilities which woiidd require the obUgation of less than $750,000 under this chapter.". SEC 6. ANNUAL REPORTING AND CERTIFICATION REQUIREMENTS. (a) REVISION OF REQUIREMENTS FOR FISCAL YEARS 1993 AND 1994.—Chapter 8 of part I of the Foreign Assistance Act of 1961, as amended by the preceding section of this Act, is amended by adding at the end the following:
106 STAT. 4918 PUBLIC LAW 102-583—NOV. 2, 1992 22 u s e 2291h. '<SEC. 489. REPORTING REQUIREMENTS FOR FISCAL YEARS 1998 AND 1994» "(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.— President. Not later than April 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Commit- tee on Foreign Relations of the Senate, a report containing the following: "(1) For each country that received assistance under this chapter for either of the 2 preceding fiscal years, a report on tiie extent to which the country has— **(A) met the goals and objectives of the United Nations Convention Against Illicit TrafiQc in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, trans- port, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction; "^ "(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and "(C) taken legal and law enforcement measures to pre- vent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or tibat discourages the investigation or prosecution of such acts. ''(2XA) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for inter- national narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money launder- ing, and agreements pursuant to section 2015 of the Inter- national Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry). "(B) Information on multilateral and bilateral strategies with respect to money laundering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agen- cies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering and to demonstrate that all United States Govern- ment agencies are pursuing a common strategy with respect to major money laundering countries. The report shall include specific detail to demonstrate that all United States Govern- ment agencies are pursuing a common strategy with respect to achieving international cooperation against money launder- ing and are pursuing a common strategy with respect to msgor money laundering countries, including a simmiary of United States objectives on a country-by-country basis. "(3) The identity ofthose countries which are— "(A) msgor illicit drug producing coimtries or major drug-transit countries as determined under section 490(h);
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4919 "(B) the significant direct or indirect sources of nar- cotics and psychotropic drugs and other controlled sub- stances significantly affecting the United States; "(C) msgor sources of precursor diemicals used in the production of illicit narcotics; or "(D) msgor money laundering countries. "(4) In addition, for each country identified pursuant to paragraph (3), the following: "(A) A description of the plans, programs, and time- tables adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Sub- stances, and a discussion of the adequacv of the legal and law enforcement measures taken and the accomplish- ments achieved in accord with those plans. "(B) Whether as a matter of government policy or practice, such coimtry encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions; and whether any senior official of the government of such covmtry engages in, encourages, or facilitates the illicit production or distribu- tion of such drugs or substances, or the laundering of proceeds fit)m illegal drug transactions. "(5) In addition, for each country identified pursuant to paragraph (3XA) or (3XB), a detailed status report, with such information as can be reliably obtained, on the narcotic or sychotropic drugs or other controlled substances which are P eing cultivated, produced, or processed in or transported through such country, noting sigmficant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances. "(6) In addition, for those coimtries identified pursuant to paragraph (3XC)— "(A) which countries are parties to international agree- ments on a method for maintaining records of transactions of an established list of precursor and essential chemicals; "(B) which countries have established a procedure by which such records may be made available to United States law enforcement authorities; and "(C) which countries have enacted national chemical control legislation which would impose specific record- keeping and reporting requirements for listed chemicals, establish a system or permits or declarations for imports and exports of listed chemicals, and authorize government officials to seize or suspend shipments of listed chemicals. "(7) In addition, for uiose coimtries identified pursuant to paragraph (3XD) the following: "(AXi) Which coimtries have financial institutions engaging in currency transactions involving international narcotics trafficking proceeds that include significant amounts of United States currency or currency derived firom illegal drug sales in the United States or tnat other- wise significantly affect the United States; "(ii) which countries identified pursuant to clause (i) have not reached agreement with the United States authorities on a mechanism for exchanging adequate
106 STAT. 4920 PUBLIC LAW 102-583—NOV. 2, 1992 ^ records in connection with narcotics investigations and proceedings; and "(iii) which countries identified pursuant to clause (ii>— "(I) are negotiating in good faith with the United States to estabUsh such a record-exchange mechanism, or "(11) have adopted laws or regulations that ensure the availability to appropriate United States Grovem- ment personnel and those of other governments of adequate records in connection with narcotics inves- tigations and proceedings. "(B) Which coimtries— "(i) have ratified the United Nations Convention Against Illicit Traffic in Narcotic Drugs £Lnd Psycho- tropic Substances and are taking steps to implement that Convention and other applicable agreements and conventions such as the recommendations of the Finan- cial Action Task Force, the policy directive of the Euro- pean Commimity, the legislative guidelines of the Organization of American States, and other similar declarations; and "(ii) have entered into bilateral agreements for the exchange of information on money-laimdering with coimtries other than the United States. "(C) Findings on each country's adoption of law and regulations considered essential to prevent narcotics- related money laundering. Such findings shall include whether a country has— "(i) criminalized narcotics money laundering; "(ii) required banks and other financial institutions to know and record the identity of customers engaging in significant transactions, including the recorcUng of large currency transactions at thresholds appropriate to uiat countiy s economic situation; "(iii) required banks and other financial institu- tions to maintain, for an adequate time, records nec- essary to reconstruct significant transactions through financial institutions in order to be able to respond quickly to information requests from appropriate government authorities in narcotics-related money laundering cases; "(iv) required or allowed financial institutions to report suspicious transactions; "(v) estabUshed systems for identifying, tracing, freezing, seizing, and forfeiting narcotics-related assets; "(vi) enacted laws for the sharing of seized narcot- ics assets with other governments; "(vii) cooperated, when requested, with appropriate law enforcement agencies of other governments inves- tigating fin£uicial crimes related to narcotics; and "(viii) addressed the problem on international transportation of illegal-source currency and monetary instruments. The report shall also detail instances of refusals to cooperate with foreign governments, and any actions taken by the United States Government and any international organization to
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4921 address such obstacles, including the imposition of sanctions or penalties. "(b) ANNUAL REPORTS ON ASSISTANCE.— "(1) IN GENERAL.—At ttie time that the report required by subsection (a) is submitted each year, the Secretary of State, in consultation with appropriate United States Government agencies, shall report to the appropriate committees of the Congress on the assistance provided or proposed to be provided by the United States Government during the preceding fiscal year, the current fiscal year, and the next fiscal year to support international efforts to combat illicit narcotics production or trafficking. "(2) INFORMATION TO BE INCLUDED.—Each report pursuant to this subsection shall— "(A) specify the amount and nature of the assistance provided or to be provided; "(B) include, for each country identified in subsection (aX3XA), information from the Drug Enforcement Adminis- tration, the Customs Service, and the Coast Guard describ- ing in detail— "(i) the assistance provided or to be provided to such coimtry by that agency, and "(ii) the assistance provided or to be provided to that agency by such country, with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fisced year; and "(C) list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States (jrovemment in connection with narcotics-related activity, including an estimate of the fair market value and physical conchtion of each item of property transferred. "(c) DEFINITIONS.—^As used in this section— "(1) 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. 902(33)); and "(2) the term 'major money laundering country* means a country whose financial institutions engage in currency trans- actions involving significant amounts of proceeds fi'om inter- national narcotics trafiicking. "(d) EFFECTIVE DATES OF SECTIONS.—^This section applies only during fiscal years 1993 and 1994. Section 489A does not apply during those fiscal years. •^EC. 489A. REPORTING REQUIREMENTS APPUCABLE AFTER 22 USC 22911. SEPTEMBER SO, 1994. "(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.— "(1) REQUIREMENT FOR REPORT.—Not later than March 1 President. of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report on United States policy to establish and encourage an international strategy to prevent the ilUcit cultivation and manufacture of and trafiic in narcotic and psychotropic drugs and other controlled substances.
106 STAT. 4922 PUBLIC LAW 102-583—NOV. 2, 1992 "(2) CONTENTS.—^Each report pursuant to this subsection shall include the following: "(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for inter- national narcotics control, including policy development, bilateral and multilateral funding and other support for international narcotics control projects, representations of the United States Government to international organiza- tions and agencies concerned with narcotics control, train- ing of foreign enforcement personnel, coordination of the international narcotics control activities of United States Government agencies, and technical assistance to inter- national demand reduction programs. "(B) A description of the activities of the United States in international financial institutions to combat the entry of narcotic and psychotropic drugs and other controlled substances into the United States for the fiscal year just ended, for the current fiscal year, and for the next fiscal year. "(C) The identity of those coimtries which are the significant direct or indirect sources of narcotic and psycho- tropic drugs and other controlled substances significantly affecting the United States. For each such country, each ' report shall include the following: "(i) A detailed status report, with such information as can be reliably obtained, on the narcotic or psycho- tropic drugs or other controlled substances which are being cultivated, produced, or processed in or trans- ported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances. "(ii) A description of the assistance under this chapter and the other kinds of United States assistance which such country received in the preceding fiscal year, which are planned for such country for the cur- rent fiscal year, and which are proposed for such coun- try for the next fiscal year, with an analysis of the impact that the furnishing of each such kind of assist- ance has had or is expected to have on the illicit cultivation and manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances in such country. "(iii) A description of the plans, programs, and timetables adopted by such country for the progressive elimination of the illicit cultivation of narcotic and psychotropic drugs and other controlled substances, and a discussion of the adequacy of the legal' and law enforcement measures taken and the accomplish- ments achieved in accord with these plans. "(iv) A discussion of the extent to which such coun- try has cooperated with United States narcotics control efforts through the extradition or prosecution of drug traffickers, and, where appropriate, a description of the status of negotiations with such country to nego-
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4923 tiate a new or updated extradition treaty relating to narcotics offenses. "(D) For each major illicit drug producing country for which the President is proposing to lumish United States assistance for the next fiscal year, a determination by the President of the maximum reductions in illicit drug production which are achievable during the next fiscal year. Each such determination shall be expressed in niunerical terms, such as the number of acres of illicitly cultivated controlled substances which can be eradicated. "(E) For each major illicit drug producing country which received United States assistance for the preceding fiscal year, the actual reductions in illicit drug production achieved by that country during such fiscal year. "(F) Specific comments and recommendations by appro- priate Federal agencies involved in drug enforcement, including the United States Customs Service and the Drug Enforcement Administration, with respect to the degree to which countries listed in the report have, during the preceding year, cooperated fully with such agencies (as described in section 490A(b)). "(G) A description of the United States assistance for the preceding fiscal year which was denied, pursuant to section 490 or 490A, to each major illicit drug producing country and each major drug-transit country. "(b) MIDYEAR REPORT.—Not later than September 1 of each President. year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a complete and detailed midyear report on the activi- ties and operations carried out under this chapter prior to such date. Such midyear report shall include the status of each agree- ment concluded prior to such date with other coimtries to carry out this chapter. "(c) ANNUAL REPORTS ON ASSISTANCE.— "(1) I N GENERAL.—^At the time that the report required by subsection (a) is submitted each year, the Secretary of State, in consultation with appropriate United States Government agencies, shall report to the appropriate committees of the Congress on the assistance provided by the United States Government during the preceding fiscal year to support international efforts to combat illicit narcotics production or trafficking. "(2) INFORMATION TO BE INCLUDED.—^Each report pursuant to this subsection shall— "(A) specify the amount and nature of the assistance provided; "(B) include, for each coimtry which is a significant direct or indirect source of narcotic and psychotropic drugs and other controlled substances significantly affecting the United States, a section prepared by the Drug Enforcement Administration, a section prepared by the Customs Service, and a section prepared by the Coast Guard, which describes in detail— "(i) the assistance provided or to be provided (as the case may be) to such country by that agency, and
106 STAT. 4924 PUBLIC LAW 102-583—NOV. 2, 1992 "(ii) the assistance provided or to be provided (as the case may be) to tnat agency by such coundry, with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and me next fisciQ year; and "(C) list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any roperty seized by or otherwise forfeited to the United P tates Government in connection with narcotics-related activity, including an estimate of the fair market value and physical concUtion of each item of property transferred. 22 u s e 2291J. «SEC. 480. ANNUAL CERTIFICATION PROCEDURES FOR FISCAL YEARS 1993 AND 1994. "(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO MULTILATERAL DEVELOPMENT ASSISTANCE.— "(1) BILATERAL ASSISTANCE.—Fifty percent of the United States assistance allocated each fiscal year in tibe report required by section 653 for each migor illicit drug producing country or migor drug-transit country (as determined under subsection (h)) shall be Mdthheldfix)mobligation and expendi- ture, except as provided in subsection (b). "niis paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect untU at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A "(2) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after April 1 of each year, against any loan or other utilization of the fiinds of their respective institution to or for any migor illicit drug producing country or major drug-transit country (as determined under subsection (h)), except as provided in subsection (b). For purposes of this paragrapn, the term 'multi- lateral development bank' means the International Bank for Reconstruction and Development, the International Develop- ment Association, the Inter-American Development Bank, tiie Asian Development Bank, the Afiican Development Bank, and the European Bank for Reconstruction and Development. "(b) CERTIFICATION PROCEDURES.— "(1) WHAT MUST BE CERTIFIED.—Subject to subsection (d), the assistance withheld fit)m a country pursuant to subsection (aXD may be obligated and expended, and the requirement of subsection (aX2) to vote against multilateral development bank assistance to a country shall not apply, if the President determines and certifies to tiie Congress, at the time of the submission of the report required by scM^ion 489(a), that— "(A) during the previous year the country has cooperated fiilly with the United States, or has taken ade- quate steps on its own, to achieve fiill compliance with tne goals and objectives established by the United Nations
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4925 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or "(B) for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (aXl) be provided and that the United States not vote against multilateral devel- opment bank assistance for that country pursuant to sub- section (aX2). "(2) CONSIDERATIONS REGARDING COOPERATION.—In making the determination described in paragraph (IXA), the President shall consider the extent to which the coimtry has— **(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, trans- port and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction; "(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and "(C) taken legal and law enforcement measures to pre- vent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts. "(3) INFORMATION TO BE INCLUDED IN NATIONAL INTEREST CERTIFICATION.—^If the President makes a certification with respect to a country pursuant to paragraph (IXB), the President shall include in such certification— "(A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that coimtry is terminated pursuant to this section and multilateral development bank assistance is not provided to such country; and "(B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests oi the United States by the failure of such country to cooperate fiilly with the United States in combating narcotics or to take adequate steps to combat narcotics on its own. "(c) LICIT OPIUM PRODUCING COUNTRIES.—The President may make a certification under subsection (bXlXA) with respect to a major illicit drug producing country, or megor drug-transit country, that is a producer of licit opium only if the President determines that such countiy has taken adequate steps to prevent si^ificant diversion of its licit cultivation and production into the illicit mar- ket, maintains production and stockpiles at levels no higher than those consistent with licit market demand, and prevents illicit cultivation and production. "(d) CONGRESSIONAL REVIEW.—Subsection (e) shall apply if, within 45 calendar days after receipt of a certification submitted under subsection (b) at the time of suomission of the report required by section 489(a), the Congress enacts a joint resolution disapprov-
106 STAT. 4926 PUBLIC LAW 102-583—NOV. 2, 1992 ing the determination of the President contained in such certifi- cation. "(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.—If the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the condi- tions specified in subsection (f) are satisfied— "(1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that coimtry may not be expended for the purpose of providing assistance for that country; and "(2) the requirement to vote against multilateral develop- ment bank assistance pursuant to subsection (aX2) shall appl^ with respect to that country, without regard to the date speci- fied in that subsection. "(f) RECERTIFICATION.—Subsection (e) shall apply to a country described in that subsection until— "(1) the President, at the time of submission of the report required by section 439(a), makes a certification under sub- section (b)(lXA) or (bXl)(B) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) disapproving the determination of the President contained in that certification; or "(2) the President, at any other time, makes the certifi- cation described in subsection (bXlXB) with respect to that country, except that this paragraph applies only if either— "(A) the President also certifies that— "(i) that country has imdergone a fundamental change in government, or 'Xii) there has been a fundamental change in the conditions that were the reason— "(I) why the President had not made a certifi- cation with respect to that country under sub- section (bXlXA), or "(II) if he had made such a certification and the Congress enacted a joint resolution disapprov- ing the determination contained in the certifi- cation, why the Congress enacted that joint resolution; or "(B) the Congress enacts a ioint resolution approving the determination contained in the certification unaer sub- section (bXlXB). Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification. "(g) CONGRESSIONAL REVIEW PROCEDURES.— "(1) SENATE.—^Any joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. "(2) HOUSE OF REPRESENTATIVES.—For the purpose of expediting the consideration and enactment of joint resolutions under this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. "(h) DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILUCIT DRUG PRODUCING COUNTRIES FOR FISCAL YEARS 1993 AND 1994.—
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4927 Not later than January 1 of each year, the President shall notify President. the appropriate committees of the Congress of which countries have been determined to be m£gor drug-transit countries, and which countries have been determineid to be msgor illicit drug producing countries, for purposes of this Act. "(i) EFFECTIVE DATES OF SECTIONS.—^This section applies only during fiscal years 1993 and 1994. During those fiscal years, section 490A does not apply and the definitions provided in section 481(eX2) and (5) do not apply. *«£€. 490A. ANNUAL CERTIFICATION PROCEDURES AFTER SEPTEM- 22 u s e 2291k. BER 30,1994. "(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO MULTILATERAL DEVELOPMENT ASSISTANCE.— "(1) BILATERAL ASSISTANCE.—Fifty percent of the United States assistance allocated each fiscal year in the report required by section 653 for each msgor illicit drug producing country or major drug-transit country shall be withheld from obligation and expenditure, except as provided in subsection (b). "(2) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 of each year, against any loan or other utilization of the funds of their respective institution to or for any mi^or iUicit drug producing coimtry or major drug-transit country, except as provided in subsection (b). For purposes of this para- graph, the term 'multilateral development bank' means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development. "(b) CERTIFICATION PROCEDURE.— "(1) WHAT MUST BE CERTIFIED.—Subject to subsection (d), the assistance withheld from a country pursuant to subsection (aXl) may be obligated and expended, and the requirement of subsection (aX2) to vote against multilateral development bank assistance to a coimtry shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by section 489A(a), that— "(A) during the previous year the country has cooperated fully with the United States, or has taken ade- quate steps on its own— "(i) in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the IJnited States (as described in paragraph (2)) or a multilateral agreement which achieves the objectives of paragraph (2), "(ii) in preventing narcotic and psychotropic drugs and other controlled substances produced or processed, in whole or in part, in such country or transported through such coimtry, from being sold illegally within the jurisdiction of such country to United States Grovemment personnel or their dependents or from being transported, directly or indirectly, into the United States,
106 STAT. 4928 PUBLIC LAW 102-583—NOV. 2, 1992 "(iii) in preventing and punishing the laundering in that country of drug-related profits or drug-related moneys, and "(iv) in preventing and punishing bribery and other forms of public corruption which facilitate the produc- tion, processing, or shipment of narcotic and psycho- tropic drugs and other controlled substances, or which discourage the investigation and prosecution of such acts; or , "(B) for a country that would not otherwise qualify for certification imder subparagraph (A), the vital national interests of the United States require tiiat the assistance withheld pursuant to subsection (aXD be provided and that the United States not vote against multilateral devel- opment bank assistance for that country pursuant to sub- section (aX2). "(2) BILATERAL NARCOTICS AGREEMENT.—A bilateral narcot- ics agreement referred to in paragraph (iXAXi) is an a^eement between the United States and a foreign coimtry m which the foreign country agrees to take specific activities, including, where applicable, efforts to— "(A) reduce drug production, drug consumption, and drug trafficking within its territory, including activities to address illicit crop eradication and crop substitution; "(B) increase drug interdiction and enforcement; "(C) increase drug treatment; "(D) increase the identification of and elimination of illicit drug laboratories; "(E) increase the identification of, and elimination of trafficking in, essential precursor chemicals for use in the illicit production of narcotic and psychotropic drugs and ^^ other controlled substances; "(F) increase cooperation with United States drug enforcement officials; and "(G) where applicable, increase participation in extra- dition treaties, mutual legal assistance provisions directed at money laundering, sharing of evidence, and other initia- tives for cooperative drug enforcement. "(3) REQUIREMENT FOR NARCOTICS AGREEMENT FOR CERTAIN COUNTRIES.—A countxy which in the previous year was des- ignated as a mtgor illicit drug producmg country or a msyor drug-transit country may not be determined to be cooperating fully imder paragraph (IXA) unless it has in place a bilateral narcotics agreement with the United States or a multilateral agreement which achieves the objectives of paragraph (2). "(4) INFORMATION TO BE INCLUDED IN CERTIFICATION.—If the President makes a certification with respect to a country pursuant to paragraph dXB), the President shall include in such certification— "(A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that coimtry is terminated pursuant to this section and multilateral development bank assistance is not provided to such coimtry; and "(B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of^the United States by tiie failure of
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4929 such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its own. **(5) LICIT OPIUM PRODUCING COUNTMES.—The President may make a certification under paragraph (IXA) with respect to a xnajoT illicit drug producing country, or major drug-transit country, that is a producer of hcit opium only if the President determines that such country has taken adequate steps to prevent significant diversion of its licit cultivation and produc- tion into the illicit market, maintains production and stockpiles at levels no higher than tiiose consistent with licit market demand, and prevents illicit cultivation and production. "(c) MATTERS TO BE CONSIDERED.—^In determining whether to make the certification required by subsection (b) with respect to a country, the President shall consider the following: "(1) Have the actions of the government of that country resulted in the maximum reductions in illicit drug production which were determined to be achievable pursuant to section 489A(aX2XD)? In the case of a major illicit drug producing countr^r, the President shall give foremost consideration, in determining whether to make the determination required by subsection (bXlXA), to whether the government of that country has taken actions which have resulted in such reductions. "(2) Has that government taken the legal and law enforce- ment measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the sui>pression of illicit manufacturing of and trafi&cking in nar- cotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the arrest and prosecution of violators involved in the traffic in such drugs and substances signifi- cantly affecting the United States? "(3) Has that government taken the legal and law enforce- ment steps necessaiy to eliminate, to the maximum extent possible, the laundenng in that country of drug-related profits or drug-related moneys, as evidenced by— "(A) the enactment and enforcement by that govern- ment of laws prohibiting such conduct; "(B) that government entering into, and cooperating imder the terms of, mutual legal assistance agreements with the United States governing (but not limited to) money laundering; and "(C) uie degree to which that government otherwise cooperates with United States law enforcement authorities on anti-money laundering efforts? "(4) Has that government taken the legal and law enforce- ment steps necessaiy to eliminate, to the maximum extent possible, bribery and other forms of public corruption which facilitate the illicit production, processing, or shipment of nar- cotic and psychotropic drugs and other controlled substances, or which discourage the investigation and prosecution of such acts, as evidenced by the enactment and enforcement of laws prohibiting such conduct? "(5) Has that government, as a matter of ^vemment policy or practice, encouraged or facilitated the ilhcit production or distribution of narcotic and psychotropic drugs and other con- trolled substances?
106 STAT. 4930 PUBLIC LAW 102-583—NOV. 2, 1992 "(6) Does any senior ofHcial of that government engage in, encourage, or facilitate the illicit production or distribution , of narcotic and psychotropic drugs and other controlled sub- stances? "(7) Has that government investigated aggressivelv all , cases in which any member of an agency of the United States .*' Grovemment engaged in drug enforcement activities has been the victim, since January 1, 1985, of acts or threats of violence, inflicted by or with the complicity of any law enforcement or other officer of such country or any political subdivision thereof, and energetically sought to bring the perpetrators of such offense or offenses to justice? "(8) Having been requested to do so by the United States Grovemment, does that government fail to provide reasonable cooperation to lawful activities of United States drug enforce- ment agents, including the refusal of permission to such agents engaged in interdiction of aerial smuggling into the United States to pursue suspected aerial smugglers a reasonable dis- tance into the airspace of the requested country? "(9) Has that government made necessary changes in legal codes in order to enable law enforcement officials to move more effectively against narcotics traffickers, such as new conspiracy laws and new asset seizure laws? "(10) Has that government expeditiously processed United States extradition requests relating to narcotics trafficking? "(11) Has that government refused to protect or give haven to any known drug traffickers, and has it expeditiously proc- essed extradition requests relating to narcotics trafficking made by other countries? "(d) CONGRESSIONAL REVIEW.—Subsection (e) shall apply if, within 45 days of continuous session (within the meaning of section 601(bXl) of the International Security Assistance and Arms Export Control Act of 1976) after receipt of a certification under subsection (b), the Congress enacts a joint resolution disapproving the deter- mination of the President contained in such certification. "(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.—If the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the condi- tions specified in subsection (f)(1) are satisfied— "(1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; and "(2) the requirement to vote against multilateral develop- ment bank assistance pursuant to subsection (aX2) shall apply with respect to that country, without regard to the date speci- fied in that subsection. "(f) RECERTIFICATION.— "(1) TIME OF RECERTIFICATION; CONGRESSIONAL ACTION.— Subsection (e) shall apply to a country described in that sub- section until— "(A) the President makes a certification imder sub- section (b) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) dis- approving the determination of the President contained in that certification; or
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4931 ''(B) the President submits, at any other time, a certifi- cation described in subparagraph (A) or (B) of subsection (bXD with respect to such country, and the Congress enacts a joint resolution approving the determination of the Presi- dent cont£dned in that certification. "(2) CONGRESSIONAL REVIEW PROCEDURES.—(A) Any joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the Inter- national Security Assistance and Arms Export Control Act of 1976. "(B) For the purpose of expediting the consideration and enactment of joint resolutions under this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. "(g) DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES AFTER SEPTEMBER 30,1994.— "(1) ESTABLISHMENT OF GUIDELINES.—For each calendar year, the Secretary of State, after consultation with the appro- priate committees of the Congress, shall establish nimierical standards £md other guidelines for determining which countries will be considered to be m£gor drug-transit countries under subparagraphs (A) and (B) of section 481(eX5). "(2) NOTICE TO CONGRESS OF PRELIMINARY STANDARDS.— Not later than September 1 of each year, the Secretary of State shall make a preliminary determination of the numerical standards and other guidelines to be used pursuant to para- graph (1) with respect to that year and shall notify the appro- priate committees of the Congress of those standards and guidelines. "(3) NOTICE TO CONGRESS OF PRELIMINARY DETERMINA- TIONS.—^Not later than October 1 of each year, the Secretary of State shall notify the appropriate committees of the Congress of— "(A) which countries have been determined to be major drug-transit countries for that year under the numerical standards and other guidelines developed pursuant to this subsection; and "(B) which countries have been determined to be major illicit drug producing countries for that year.". (b) DEFINITION OF UNITED STATES ASSISTANCE.—Paragraph (4) of section 481(i) of that Act is amended to read as follows: 22 use 2291. "(4) the term *United States assistance' means— "(A) any assistsmce under this Act (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation), other than— "(i) assistance under this chapter, "(ii) any other narcotics-related assistcmce under this part (including chapter 4 of part II), but any such assist£ince providea under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of this Act, "(iii) disaster relief assistance, including any assistance under chapter 9 of this part, "(iv) assistance which involves the provision of food (including monetization of food) or medicine, and
106 STAT. 4932 PUBLIC LAW 102-583—NOV. 2, 1992 "(v) assistance for refugees; "(B) sales, or financing on any terms, under the Arms Export Control Act; "(C) the provision of agricultural commodities, other than food, under the Agricmtural Trade Development and Assistance Act of 1954; and "(D) financing imder the Export-Import Bank Act of 1945;". SEC. 6. TECHNICAL, CONFORMING, AND OTHER AMENDMENTS; REPEAL OF OBSOLETE PROVISIONS. 22 u s e 2291h (a) STATUTORY REFERENCES TO ANNUAL REPORTS, CERTIFI- note. CATIONS, AND DEFINITIONS.—After September 30, 1994, any ref- erence in any provision of law to section 489 or 490 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to the corresponding provision of section 489A or 490A, respectively, unless the context requires otherwise. Any reference in any provision of law enacted before the date of enactment of this Act to section 481(e) or section 481(i) of that Act shall be deemed to be a reference to section 489 or section 481(e) (as amended by subsection (bX3) of this section), respectively; and any reference in any provision of law enacted before the date of enactment of this Act to section 481(h) of that Act shall be deemed, as of October 1, 1992, to be a reference to section 490. (b) TECHNICAL AND CONFORMING AMENDMENTS TO FOREIGN ASSISTANCE ACT.—Chapter 8 of part I of the Foreign Assistance Act of 1961 is amended as follows: 22 u s e 2291. (1) Section 481(dX3) is amended by striking out "subsection (e)" and inserting in lieu thereof "section 489(a) . (2) Subsections (e), (f), (g), (h), (j), and (k) of section 481 are repealed. (3) Subsection (i) of section 481 is amended by striking out "(i) As used in this section—^ and inserting in lieu thereof "(e) DEFINITIONS.—Except as provided in sections 49CKh) and (i) with respect to the definition of major illicit drug producing country and major drug-transit country, for purposes of this chapter and other provisions of this Act relating specifically to international narcotics matters—**. 22 u s e 2291a. (4) Subsection (c) of section 482 is repealed, and subsection (d) of that section is redesignated as subsection (c). 22 u s e 2291e. (5) Section 486 is amended— (A) in subsection (a), in the text preceding paragraph (1), by striking out "481(h)'* and inserting in lieu thereof "490"; and (B) in subsection (b), by striking out "(relating to for- eign military sales financing)" and inserting in lieu thereof "(relating to the 'Foreign Military Financing Program')". 22 u s e 2291f. (6) Section 487(aXl) is amended by striking out "(as defined in section 481(iX3) of this Act)". (c) CONFORMING AMENDMENTS TO EXPORT-IMPORT BANK ACT.— 12 u s e 635. Section 2(bX6) of the Export-Import Bank Act of 1945 is amended— (1) in subparagraph (BXiii), by striking out "481(hX5)" and inserting in lieu thereof "490(e)"; and (2) in subparagraph (CXii), by striking out "defined in section 481(i)" and inserting in Ueu thereof "determined under section 490(h) or 481(e), as appropriate,".
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4933 (d) AMENDMENT TO 1989 DRUG ACT.—Section 3 of the Inter- national Narcotics Control Act of 1989 is amended by adding at 22 use 2291 the end the following: "°^- "(j) CERTAIN FUNDING LIMITATIONS.—The dollar limitations specified in subsections (cXD and (dXD shall not apply after the date of enactment of this subsection.". (e) REPEAL OF OBSOLETE PROVISIONS.— (1) 1988 DRUG ACT.—All sections of the International Narcotics Control Act of 1988 (which is title IV of the Anti- Drug Abuse Act of 1988) are repealed except for sections 4001, 102 Stat. 4261; 4306, 4308, 4309, 4501, 4702, and 4804. Section 4501(b) of 22 use 2291-3. that Act is amended by striking out "Section 4601 of this 22 use 2291-2. title" and inserting in lieu thereof "Section 489(b) of the Foreign Assistance Act of 1961". (2) 1986 DRUG ACT.—All sections of the International Narcotics Control Act of 1986 (which is title II of the Anti- Drug Abuse Act of 1986) are repealed except for sections 2001, lOO Stat. 2010, 2015, 2018, and 2029. I u"^^'229i SEC. 7. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE note, 2291-1. 22 u s e 2420 FOR FISCAL YEARS 1993 AND 1994 FROM PROHmiTION ON note ASSISTANCE FOR LAW ENFORCEMENT AGENCIES. (a) EXEMPTION.—For fiscal years 1993 and 1994, section 660 of the Foreign Assistance Act of 1961 shall not apply with respect to— (1) transfers of excess defense articles under section 517 of that Act; (2) funds made available for the "Foreign Military Financ- ing Program" under section 23 of the Arais Export Control Act 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 that is provided for narcotics-related purposes. (b) NOTIFICATION TO CONGRESS.—-At least 15 days before any President. transfer under subsection (aXD or any obligation of funds under subsection (aX2) or (aX3), the President shall notify the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM.—^Assistance provided pursuant to this sec- tion shall be coordinated with international narcotics control assist- ance under chapter 8 of part I of the Foreign Assistance Act of 1961. SEC. 8. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECO- 22 USC 2151 NOMIC ASSISTANCE. note. For fiscal years 1992 through 1994, narcotics-related assistance under part I of the Foreign Assistance Act of 1961 may be provided notwithstanding any provision of law that restricts assist£ince to foreign coimtries (other than section 490(e) of that Act) if, at least 15 days before obligating funds for such assistance, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act.
106 STAT. 4934 PUBLIC LAW 102-583—NOV. 2, 1992 SEC. 9. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR COUNTERNARCOnCS PURPOSE& (a) CHANGES m AUTHORITIES.—Section 517 of the Foreign 22 use 2321k. Assistance Act of 1961 is amended— (1) in the section heading, by striking out iMUJTARY CAPABILITIES OF CERTAIN MAJOR ILUCIT DRUG PRODUCING" and inserting in lieu thereof "COUNTERNARCOTICS CAPABILI- TIES OF CERTAIN"; (2) in subsection (aXD, by striking out "(as defined in section 481(iX2))'' and inserting in Ueu thereof "or a ms^or drug-transit countrsr"; (3) in subsection (b)— (A) by inserting "and local law enforcement agencies" after "military forces"; (B) by striking out "with local law enforcement agen- cies" and inserting in lieu thereof "cooperatively"; and (C) by striking out "(as defined in section 481(iX3))"; (4) in subsection (d), by striking out "4601 of the Inter- national Nsucotics Control Act of 1988" and inserting in heu thereof "481(b) of this Act"; (5) in subsection (i), by striking out "30" and inserting in lieu thereof "15"; and (6) by adding at the end the following: "(j) LIMITATION ON U S E OF OTHER AUTHORITIES TO TRANSFER EXCESS DEFENSE ARTICLES.—The transfer authority provided in sections 518 and 519 may not be exercised with respect to any m^or illicit drug producing country or mcgor drug-transit country in Latin America or the Caribbean. "(k) EXCESS COAST GUARD PROPERTY.—AS used in this section, the term 'excess defense articles' shall be deemed to include excess property of the Coast Guard, and the term 'Department of Defense' shall be deemed, with respect to such excess property, to include the Coast Guard.". (b) EXCLUSION OF CONSTRUCTION EQUIPMENT FROM DEFINITION 22 use 2403. QF EXCESS DEFENSE ARTICLES.—Section 644(g) of that Act is amend- ed by inserting "(other than construction equipment, including trac- tors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors)" after "articles" the second place it appears. SEC. 10. PARTICIPANTS IN INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAMS. 22 use 2347. Section 541 of the Foreign Assistance Act of 1961 is amended— (1) by inserting ", and may also include legislators," after "ministries of defense"; and (2) by striking out "or (iii)" and inserting in lieu thereof "(iii) contribute to cooperation between nulitary and law enforcement personnel with respect to coimtemarcotics law enforcement efforts, or (iv)". SEC. 11. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMIT- TEES. (a) FOREIGN ASSISTANCE ACT AMENDMENTS.—Section 481(e) of 22 use 2291. the Foreign Assistance Act of 1961, as amended by the preceding provisionsofthis Act, is amended— (1) by striking out the period at the end of paragraph (5) and inserting in lieu thereof"; and"; and (2) afi«r paragraph (5) insert the following:
PUBLIC LAW 102-583—NOV. 2, 1992 106 STAT. 4935 "(6) the term 'appropriate congressional committees' means the Committee on Foreign Affairs and the Committee on Appro- priations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.". (b) FREE-STANDING PROVISIONS OF Tms Acr.—As used in this 22 use 2151 Act, the term ''appropriate congressional committees" has tlie defini- "°^- tion given that term by section 481(eX6) of the Foreign Assistance Act of 1961 (as added by subsection (a) of this s^rtion). SEC. 12. EXPORT-IMPORT BANK FINANCING OF SALES OF DEFENSE ARTICLES OR SERVICES. (a) EXTENSION OF AUTHORITY.—Section 2(bX6) of the Export- Import Bank Act of 1945 is amended by striking out "1992" in 12 use 635. subparagraph (BXvi) and inserting in lieu thereof "1997". (b) ADDITIONAL CRITERIA FOR NATIONAL INTEREST WAIVER.— Section 2(bX6XDXi) of that Act is amended by striking out "and" at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) the following: "(11) the President determines, after consultation with the Assistant Secretary of State for Human Rights and Humani- tarian Affairs, that the purchasing country has complied with all restrictions imposed oy the United States on the end use of any defense articles or services for which a guarantee or insurance was provided under subparagraph (B), and has not used any such defense articles or services to engage in a consist- ent pattern of gross violations of intemationsQly recognized himian rights; and". (c) CONFORMING AMENDMENTS.— (1) EXPORT-IMPORT BANK ACT.—Section 2(bX6) of that Act is amended— (A) in subparagraph (A), by striking out "designated" 12 use 635. and all that follows through the end of the subparagraph and inserting in lieu thereof", except as otherwise provided in subparagraph (B)."; (B) in subparagraph (B)— (i) by striking out ", and section 32 of the Arms Export Control Act,"; and (ii) in clause (v), by striking out "and services" and inserting in Ueu thereof "or services"; (C) in subparagraph (DXiXIII), as so redesignated by subsection (b) of this section, by striking out "determination has" and inserting in lieu thereof "determinations have"; and (D) in subparagraph (DXii), by striking out "sentence" and inserting in lieu thereof "clause". (2) ARMS EXPORT CONTROL ACT.—^The Arms Export Control Act is amended by repealing section 32. 22 use 2772.
106 STAT. 4936 PUBLIC LAW 102-583—NOV. 2, 1992 (d) AvoroANCE OF DUPLICATIVE AMENDMENTS.—^If an Act is enacted during 1992 entitled "An Act to reauthorize the Export- Import Bank of the United States" that contains amendments identical to amendments made by this section, the amendments contained in this section that are identical to the amendments contained in that Act shall not be effective. Approved November 2, 1992. '^ LEGISLATIVE HISTORY—H.R. 6187: CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed House. Oct. 7, considered and passed Senate.