move more effectively against narcotics traffickers, such as new conspiracy laws and new asset seizure laws?

(J) Has that government expeditiously processed United States extradition requests relating to narcotics trafficking?

(K) Has that government refused to protect or give haven to any known drug traffickers, and has it expeditiously processed extradition requests relating to narcotics trafficking made by other countries?

(4) CONGRESSIONAL REVIEW.-Paragraph (1) shall apply without regard to paragraph (2) if, within 45 days of continuous session (within the meaning of section 601(b)(1) of the International Security Assistance and Arms Export Control Act of 1976) after receipt of a certification under paragraph (2), the Congress enacts a joint resolution disapproving the determination of the President contained in such certification.

(5) 391 DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.—If the President does not make a certification under paragraph (2) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in paragraph (6)(A) are satisfied

(A) 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

(B) the requirement to vote against multilateral development bank assistance pursuant to paragraph (1)(B) shall apply with respect to that country, without regard to the date specified in that paragraph.

(6) 392 RECERTIFICATION. (A) Paragraph (5) shall apply to a country until

(i) the President makes a certification under paragraph (2) with respect to that country, and the Congress does not enact a joint resolution under paragraph (4) disapproving the determination of the President contained in that certification; or

(ii) the President submits at any other time a certification of the matters described in paragraph (2) with respect to such country, and the Congress enacts a joint resolution

391 Sec. 4407(b)(1)(A) of Public Law 100-690 (102 Stat. 4281) struck out an already standing paragraph (5) at this point. It previously read as follows:

"(5) Any country for which the President has not made a certification under paragraph (2) or with respect to which the Congress has enacted a joint resolution disapproving such certification may not receive United States assistance as defined by subsection (i)(4) of this section or the financing described in paragraph (1)(B) of this subsection unless

"(A) the President makes a certification under paragraph (2) and the Congress does not enact a joint resolution of disapproval; or

"(B) the President submits at any other time a certification of the matters described in paragraph (2) with respect to such country and the Congress enacts, in accordance with the procedures of paragraph (4), a joint resolution approving such certification."

392 The President determined and certified "that Panama has fully cooperated with the United States, or taken adequate steps on its own, to control narcotics production, trafficking, and money laundering, as defined in Section 481(h)(2) of the FAA and Section 802(b) of the Trade Act, and that Panama does not have a government involved in the trade of illicit narcotics." (Presidential Determination 90-9 of January 26, 1990; 55 F.R. 4827).

approving the determination of the President contained in

that certification.

(B)(i) Any joint resolution under this subsection 393 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.

(ii) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, 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.

(i) 381 As used in this section

(1) the term "legal and law enforcement measures" means(A) the enactment and implementation of laws and regulations or the implementation of existing laws and regulations to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and

(B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control;

(2) 394 the term "major illicit drug producing country" means a country that illicitly produces during a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana;

(3) the term "narcotic and psychotropic drugs and other controlled substances" has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country of countries concerned;

(4) the term "United States assistance" means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government to any foreign country, including

(A) assistance under this Act (including programs under title IV of chapter 2 of this part);

(B) sales, credits, and guaranties under the Arms Export Control Act;

(C) sales under title I or III and donations under title II of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities;

(D) other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities; and

(E) financing under the Export-Import Bank Act of 1945; except that the term "United States assistance" does not include (i) international narcotics control assistance under this chapter, (ii) disaster relief assistance (including any assistance under chapter 9 of this part), (iii) assistance which involves the provision of food or

393 Subsec. (BXi) was amended by sec. 4407(bX1XBX(i) and (ii) of Public Law 100-690. It previously read: "Any such joint resolution shall be considered...".

394 Sec. 17(e) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated par. (2), adding emphasis on illicit production.

medicine, (iv) assistance for refugees, (v) assistance under the InterAmerican Foundation Act, (vi) 395 assistance from the Child Survival Fund under section 104(c)(2) of this Act, (vii) 396 assistance for narcotics education and awareness activities under section 126(b)(2) of this Act (but any such assistance shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of this Act), or (viii) activities authorized pursuant to the National Security Act of 1947 (50 U.S.C. 410 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or Executive Order Number 12333 (December 4, 1981); and

(5) 3 397 the term "major drug-transit country" means a country

(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States;

(B) through which are transported such drugs or substances; or

(C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government.

(j) 381 The Department of State shall encourage the International Narcotics Control Board and the United Nations Commission on Narcotic Drugs to take such actions as are appropriate and necessary to secure from signatory countries to the Single Convention on Narcotic Drugs, 1961, the plans described in this section, and to obtain reports from such countries on their achievements under such plans.

(k) 398 (1) For each calendar year, the Secretary of State, after consultation with the appropriate committees of the Congress, shall establish numerical standards and other guidelines for determining which countries will be considered to be major drug-transit countries under subsection (i)(5)(A) and (B) of this section.

(2) 399 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 paragraph (1) with respect to that year and shall notify the appropriate committees of the Congress of those standards and guidelines.

(3) 399 Not later than October 1 of each year, the Secretary of State shall notify the appropriate committees of the Congress of

(A) which countries appear likely, as of that date, to be determined to be major drug-transit countries for that year under the numerical standards and other guidelines developed pursuant to this subsection; and

395 The text of (vi) was added by sec. 2005(d) of Public Law 99-570 (100 Stat. 3207-63). 396 The text of (vii) was added by sec. 578(e)2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). The text of (vii) was further amended by sec. 4403 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4275), which changed "section 126" to "section 126(b)(2)" and added the parenthetical language.

397 Para. (5) was added by sec. 2005(c)(3) of Public Law 95-570 (100 Stat. 3207-63).

398 Sec. 481(k) was added by sec. 4405(a) of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4276).

399 Sec. 17(f) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) struck out par. 4, which required that the report requested in subsec. (e) (page 129) also detail any changes in numerical standards and guidelines determined pursuant to par. (2) and changes in countries meeting those standards or guidelines, pursuant to par. (3).

(B) which countries appear likely, as of that date, to be determined to be major illicit drug producing countries for that year.

Sec. 482.400 Authorization.-(a) 401 (1) To carry out the purposes of section 481, there are authorized to be appropriated to the President $115,000,000 for fiscal year 1990.402

(2) Amounts appropriated under this subsection are authorized to remain available until expended.

400 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the Foreign Relations Authorization Act of 1972, was amended and restated by sec. 3 of the International Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 614). It formerly read as follows:

"SEC. 482. AUTHORIZATION.-To carry out the purposes of section 481, there are authorized to be appropriated to the President $42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for the fiscal year 1976, no part of which may be obligated for or on behalf of any country where illegal traffic in opiates has been a significant problem unless and until the President determines and certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that assistance furnished to such country pursuant to the authority in this chapter is significantly reducing the amount of illegal opiates entering the international market, and not to exceed $34,000,000 for the fiscal year 1977. Amounts appropriated under this section are authorized to remain available until expended."

401 Subsection designation “(a)" and the text of subsec. (b) were added by sec. 5(b) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731). Subsec. (a) was further amended and restated by sec. 3 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701); and further amended by Sec. 402(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149). The 1980 amendment, in addition to other changes in subsection (a), struck out a paragraph which had earmarked $16 million for Colombia during fiscal year 1980 for a variety of items used in the interdiction of drug traffic.

Subsec. (a) was further amended and restated when sec. 502(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1539) substituted the authorization levels for fiscal years 1982 and 1983 in lieu of the figure for fiscal year 1981 and deleted a paragraph limiting the fiscal year 1981 U.S. contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or 50 percent of total contributions, whichever is less.

Subsec. (a) was further amended when sec. 4201 of the International Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set the fiscal year 1989 authorization level and struck out the following:

"In addition to the amounts authorized by the preceding sentence, there are authorized to be appropriated to the President $45,000,000 for the fiscal year to 1987 to carry out the purposes of section 481, except that funds may be appropriated pursuant to this additional authorization only if the President has submitted to the Congress a detailed plan for the expenditure of those funds, including a description of how regional cooperation on narcotics control matters would be promoted by the use of those funds. Of the funds authorized to be appropriated by the preceding sentence, not less that $10,000,000 shall be available only to provide helicopters or other aircraft to countries receiving assistance for fiscal year 1987 under this chapter. These funds shall be used primarily for aircraft which will be based in Latin America for use for narcotics control eradication and interdiction efforts throughout the region. These aircraft shall be used solely for narcotics control, eradication, and interdiction efforts."

Para. (3) subsec. (a), added by sec. 614 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 231), was struck out by the International Narcotics Control Act of 1988. It previously read as follows:

"(3) Funds authorized to be appropriated by this section for fiscal year 1986 and for fiscal year 1987 may be used for a contribution to the United Nations Fund for Drug Abuse Control only if that organization includes in its crop substitution projects a plan for cooperation with the law enforcement forces of the host country."

402 Authorizations under sec. 482 during recent years included the following: fiscal year 1975 $42,500,000; fiscal year 1976 $40,000,000; fiscal year 1977-$34,000,000; fiscal year 1978$39,000,000; fiscal year 1979-$40,000,000; fiscal year 1980-$51,758,000; fiscal year 1981$38,573,000; fiscal year 1982 $37,700,000; fiscal year 1983 $37,700,000; fiscal year 1984$47,000,000; fiscal year 1985-no authorization; fiscal year 1988-no authorization; fiscal year 1989-no authorization. Sec. 602 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The authorization amount for 1987 was subsequently amended by sec. 401 of Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat. 3207-60). Sec. 16 of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964) added authorization for fiscal year 1990.

Sec. 5 of the International Narcotics Control Act of 1990 (Public Law 101-623; 104 Stat. 3354) provided the following:

Continued

(b) 401 Funds authorized to be appropriated by this section shall not be made available for the procurement of weapons or ammunition under this chapter.

(c) 403 Notwithstanding section 1415 of the Supplemental Appropriation Act, 1953, section 508 of the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and section 105 of the Agricultural Trade Development and Assistance Act of 1954, up to the equivalent of $10,000,000 in currencies or credits of the Government of Pakistan held by the United States shall, to such extent as may be provided in an appropriation Act, be available to the President for the fiscal year 1981 (and shall remain available until expended) to carry out the purposes of section 481 through assistance to the Government of Pakistan. Notwithstanding any other provision of law, the availability or expenditure of such foreign currencies shall not affect or reduce appropriations otherwise available to carry out the administration of the international narcotics control program.

(d) 404 CONTRIBUTION BY RECIPIENT COUNTRY.-To ensure local commitment to the activities assisted under this chapter, a country receiving assistance under this chapter should bear an appropriate share of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. A country may bear such costs on an "in kind" basis.

Sec. 483.405 Prohibition on Use of Foreign Assistance for Reimbursements for Drug Crop Eradications.-Funds made available to carry out this Act may not be used to reimburse persons whose illicit drug crops are eradicated.

Sec. 484.406 Retention of Title to Aircraft.—Any aircraft which, at any time after the enactment of this section, are made available to a foreign country under this chapter, or are made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis. The requirement of this section does not apply with respect to aircraft made available to a foreign country under section 2(b)(6)(B) of the Export-Import Bank Act of 1945 or under any provision of law that authorizes property that has been civilly or

"There are authorized to be appropriated $150,000,000 for fiscal year 1991 for assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.Č. 2291 and following; relating to international narcotics control assistance).'

Congress did not enact an authorization for fiscal year 1992. Fiscal year 1992 appropriations for this activity are $147,783,000 ($150,000,000, reduced by 1.4781 per cent as required by sec. 126 of Public Law 102-145, as amended). For relevant appropriations text, see paragraph on "Department of State; International Narcotics Control", title II, Public Law 101-513, page 589.

See also sec. 559 of that Public Law, relating to Economic Support Fund, Foreign Military Financing, Administration of Justice programs and narcotics control for Bolivia, Ecuador, Jamaica, Peru, and Colombia, page 626.

See also sec. 534, Administration of Justice program, and accompanying footnotes, page 186. 403 Subsec. (c) was added by sec. 402(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149).

404 Subsec. (d) was added by sec. 608 of Public Law 99-83 (99 Stat. 229). Sec. 17(g) of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) amended and restated subsec. (d). It previously read as follows: "(d) Assistance may be provided under this chapter to a foreign country only if the country provides assurances to the President, and the President is satisfied, that the country will provide at least 25 percent of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. The costs borne by the country may include 'in-kind' contributions.".

405 Sec. 483 was added by sec. 609 of Public Law 99-83 (99 Stat. 230).

406 Secs. 484 and 485 were added by sec. 2003 of Public Law 99-570 (100 Stat. 3207-61).