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S. 219 (107th): A bill to suspend for two years the certification procedures under section 490(b) of the Foreign Assistance Act of 1961 in order to foster greater multilateral cooperation in international counternarcotics programs, and for other purposes.


The text of the bill below is as of Apr 5, 2001 (Reported by Senate Committee). The bill was not enacted into law.


S 219 RS

Calendar No. 32

107th CONGRESS

1st Session

S. 219

To suspend for two years the certification procedures under section 490(b) of the Foreign Assistance Act of 1961 in order to foster greater multilateral cooperation in international counternarcotics programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 30, 2001

Mr. DODD (for himself, Mr. MCCAIN, Mr. HOLLINGS, Mr. HAGEL, Mrs. BOXER, Mr. CHAFEE, Mr. LUGAR, and Mr. WELLSTONE) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

April 5, 2001

Reported by Mr. HELMS, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To suspend for two years the certification procedures under section 490(b) of the Foreign Assistance Act of 1961 in order to foster greater multilateral cooperation in international counternarcotics programs, and for other purposes.

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

[Struck out->] SECTION 1. TWO-YEAR SUSPENSION OF DRUG CERTIFICATION PROCEDURES. [<-Struck out]

    [Struck out->] (a) FINDINGS- Congress makes the following findings: [<-Struck out]

      [Struck out->] (1) The international drug trade poses a direct threat to the United States and to international efforts to promote democracy, economic stability, human rights, and the rule of law. [<-Struck out]

      [Struck out->] (2) The United States has a vital national interest in combating the financial and other resources of the multinational drug cartels, which resources threaten the integrity of political and financial institutions both in the United States and abroad. [<-Struck out]

      [Struck out->] (3) Illegal drug use occurs among members of every ethnic and socioeconomic group in the United States. [<-Struck out]

      [Struck out->] (4) Worldwide drug trafficking generates revenues estimated at $400,000,000,000 annually. [<-Struck out]

      [Struck out->] (5) The 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances form the legal framework for international dung control cooperation. [<-Struck out]

      [Struck out->] (6) The United Nations International Drug Control Program, the International Narcotics Control Board, and the Organization of American States can play important roles in facilitating the development and implementation of more effective multilateral programs to combat both domestic and international drug trafficking and consumption. [<-Struck out]

      [Struck out->] (7) The annual certification process required by section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j), which has been in effect since 1986, does not currently foster effective and consistent bilateral or multilateral cooperation with United States counternarcotics programs because its provisions are vague and inconsistently applied and in many cases have been superseded by subsequent bilateral and multilateral agreements and because it alienates the very allies whose cooperation we seek. [<-Struck out]

    [Struck out->] (b) SENSE OF CONGRESS- It is the sense of Congress that-- [<-Struck out]

      [Struck out->] (1) many governments are extremely concerned by the national security threat posed by illicit drug production, distribution, and consumption, and crimes related thereto, particularly those in the Western Hemisphere; [<-Struck out]

      [Struck out->] (2) an enhanced multilateral strategy should be developed among drug producing, transit, and consuming nations designed to improve cooperation with respect to the investigation and prosecution of drug related crimes, and to make available information on effective drug education and drug treatment; [<-Struck out]

      [Struck out->] (3) the President should at the earliest feasible date in 2001 convene a conference of heads of state of major illicit drug producing countries, major drug transit countries, and major money laundering countries to present and review country by country drug reduction and prevention strategies relevant to the specific circumstances of each country, and agree to a program and timetable for implementation of such strategies; and [<-Struck out]

      [Struck out->] (4) not later than one year after the date of the enactment of this Act, the President should transmit to Congress legislation to implement a proposed multilateral strategy to achieve the goals referred to in paragraph (2), including any amendments to existing law that may be required to implement that strategy. [<-Struck out]

    [Struck out->] (c) TWO-YEAR SUSPENSION OF DRUG CERTIFICATION PROCESS- (1) Subsections (a) through (g) of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j), relating to annual certification procedures for assistance for certain drug-producing countries and drug-transit countries, shall not apply in the first 2 calendar years beginning after the date of the enactment of this Act. [<-Struck out]

    [Struck out->] (2) Notwithstanding any provision of paragraph (1), section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h), relating to the international narcotics control strategy report, and section 490(h) of that Act (22 U.S.C. 2291j(h)), relating to determinations of major drug-transit countries and major illicit drug producing countries, shall continue to apply in the 2 calendar years referred to in that paragraph. [<-Struck out]

    [Struck out->] (3) The President may waive the applicability of paragraph (1) to one or more countries in one or both of the calendar years referred to in that paragraph if the President determines that bilateral counternarcotics cooperation would be enhanced by the applicability of subsections (a) through (g) of section 490 of the Foreign Assistance Act of 1961 to such country or countries in such calendar year. [<-Struck out]

    [Struck out->] (d) APPLICABILITY- (1) Except as provided in paragraph (2), the provisions of subsection (c) shall take effect on the date of the enactment of this Act and apply with respect to certifications otherwise required under section 490 of the Foreign Assistance of 1961 in the first two fiscal years beginning after that date. [<-Struck out]

    [Struck out->] (2) If this Act is enacted on or before February 28, 2001, the provisions of subsection (c) shall take effect on the date of the enactment of this Act and apply with respect to certifications otherwise required under section 490 of the Foreign Assistance of 1961 in fiscal years 2001 and 2002. [<-Struck out]

SECTION 1. FINDINGS.

    Congress makes the following findings:

      (1) The international drug trade poses a direct threat to the United States and to international efforts to promote democracy, economic stability, human rights, and the rule of law.

      (2) The United States has a vital national interest in combating the financial and other resources of the multinational drug cartels, which resources threaten the integrity of political and financial institutions both in the United States and abroad.

      (3) Illegal drug use occurs among members of every ethnic and socioeconomic group in the United States.

      (4) Worldwide drug trafficking generates revenues estimated at $400,000,000,000 annually.

      (5) The Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 provide the basic framework for international drug control cooperation.

      (6) The United Nations International Drug Control Program, the International Narcotics Control Board, and the Organization of American States can play important roles in facilitating the development and implementation of more effective multilateral programs to combat both domestic and international drug trafficking and consumption.

      (7) The United States Government should consider alternatives to, or improvements in, the annual certification process required by section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j), in order to foster more effective and consistent bilateral and multilateral cooperation with United States counternarcotics programs.

SEC. 2. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.

    (a) IN GENERAL- Chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the following new section:

‘SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON ASSISTANCE FOR MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.

    ‘(a) ANNUAL DETERMINATION OF MAJOR DRUG-TRANSIT OR MAJOR ILLICIT DRUG PRODUCING COUNTRIES- Not later than October 1 of 2001, 2002, and 2003, the President shall submit to the appropriate congressional committees a report identifying each country determined by the President to be a major drug-transit country or major illicit drug producing country for the purposes of this Act.

    ‘(b) DESIGNATION OF COUNTRIES NOT ADHERING TO INTERNATIONAL AGREEMENTS AND NOT MAKING COUNTERNARCOTICS EFFORTS- In each report under subsection (a), the President shall also--

      ‘(1) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts--

        ‘(A) to adhere to its obligations under international counternarcotics agreements; and

        ‘(B) to take the counternarcotics measures set forth in section 489(a)(1); and

      ‘(2) include a justification for each country so designated.

    ‘(c) LIMITATION ON ASSISTANCE FOR DESIGNATED COUNTRIES- In the case of a country identified in a report for a fiscal year under subsection (a) that is also designated under subsection (b) in the report for such fiscal year, United States assistance may be provided to the country in such fiscal year only if the President determines and reports to the appropriate congressional committees that--

      ‘(1) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or

      ‘(2) commencing at any time after October 1 of such fiscal year, the country has made substantial efforts--

        ‘(A) to adhere to its obligations under international counternarcotics agreements; and

        ‘(B) to take the counternarcotics measures set forth in section 489(a)(1).’.

    ‘(d) INTERNATIONAL COUNTERNARCOTICS AGREEMENT DEFINED- In this section, the term ‘international counternarcotics agreement’ means--

      ‘(1) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or

      ‘(2) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as--

        ‘(A) the production, distribution, and interdiction of illicit drugs,

        ‘(B) demand reduction,

        ‘(C) the activities of criminal organizations,

        ‘(D) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence),

        ‘(E) the extradition of nationals and individuals involved in drug-related criminal activity,

        ‘(F) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity,

        ‘(G) border security,

        ‘(H) money laundering,

        ‘(I) illicit firearms trafficking,

        ‘(J) corruption,

        ‘(K) control of precursor chemicals,

        ‘(L) asset forfeiture, and

        ‘(M) related training and technical assistance;

      and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues.’.

    (b) RELATIONSHIP TO PERMANENT LAW-

      (1) LIMITATION ON APPLICABILITY- Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by adding at the end the following new subsection:

    ‘(i) LIMITATION ON APPLICABILITY- This section shall not apply during fiscal years 2002, 2003, and 2004.’.

      (2) STATUTORY CONSTRUCTION- Nothing in this Act, or any amendment made by this Act, supersedes or modifies the requirement in section 489(a) of the Foreign Assistance Act of 1961 for the transmittal of a report not later than March 1 of each year under that section.

SEC. 3. SENSE OF CONGRESS ON ENHANCED INTERNATIONAL NARCOTICS CONTROL.

    It is the sense of Congress that--

      (1) many governments are extremely concerned by the national security threat posed by illicit drug production, distribution, and consumption, and crimes related thereto, particularly those in the Western Hemisphere;

      (2) an enhanced multilateral strategy should be developed among drug producing, transit, and consuming nations designed to improve cooperation with respect to the investigation and prosecution of drug related crimes, and to make available information on effective drug education and drug treatment;

      (3) the United States should at the earliest feasible date in 2001 convene a conference of representatives of major illicit drug producing countries, major drug transit countries, and major money laundering countries to present and review country by country drug reduction and prevention strategies relevant to the specific circumstances of each country, and agree to a program and timetable for implementation of such strategies; and

      (4) not later than one year after the date of the enactment of this Act, the President should transmit to Congress any legislation necessary to implement a proposed multilateral strategy to achieve the goals referred to in paragraph (2), including any amendments to existing law that may be required to implement that strategy.

SEC. 4. INCLUSION OF MAJOR FOREIGN DRUG TRAFFICKING ORGANIZATIONS IN INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.

    Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended--

      (1) in subsection (a), by adding after the flush matter at the end of paragraph (7) the following new paragraph (8):

      ‘(8) The identity, to the extent consistent with intelligence and law enforcement interests, of each foreign organization determined by the President to be a major drug trafficking organization, including a description of the activities of such organization during the two fiscal years preceding the fiscal year of the report.’; and

      (2) by adding at the end the following new subsection:

    ‘(c) DEFINITIONS- In this section:

      ‘(1) MAJOR DRUG TRAFFICKING ORGANIZATION- The term ‘major drug trafficking organization’ means any organization engaged in substantial amounts of illicit activity to cultivate, produce, manufacture, distribute, sell, finance, or transport narcotic drugs, controlled substances, or listed chemicals, engaged in money laundering or proceeds from such activities, or that otherwise endeavors or attempts to do so, or to assist, abet, conspire, or collude with others to do so.

      ‘(2) NARCOTIC DRUG, CONTROLLED SUBSTANCE, LISTED CHEMICAL- The terms ‘narcotic drug’, ‘controlled substance’, and ‘listed chemical’ have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).’.

SEC. 5. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION ACT.

    Section 805 of the Foreign Narcotics Kingpin Designation Act (title VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) is amended by striking subsection (f).

    Amend the title so as to read: ‘A Bill to amend the Foreign Assistance Act of 1961 to provide alternative procedures during fiscal years 2002, 2003, and 2004 for assistance for major drug-transit and major illicit drug producing countries, and for other purposes.’.

Calendar No. 32

107th CONGRESS

1st Session

S. 219

A BILL

To suspend for two years the certification procedures under section 490(b) of the Foreign Assistance Act of 1961 in order to foster greater multilateral cooperation in international counternarcotics programs, and for other purposes.


April 5, 2001

Reported with an amendment and an amendment to the title