An Act

  To amend the Foreign Assistance Act of 1961 with respect to international
narcotics control programs and activities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
 
SECTION 1. SHORT TITLE.
 
This Act may be cited as the "International Narcotics Control 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 military 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 counternarcotics 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.
 
Section 482(a)(1) of the Foreign Assistance Act of 1961 is amended by
striking out "$ 115,000,000 for fiscal year 1990" and inserting in lieu there
of "$ 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) Policy Statement. Section 481 of the Foreign Assistance Act of 1961 is
amended by striking out the section designation and section heading and
subsection (a)(1) and inserting in lieu thereof the following:

    "SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION,
FOREIGN POLICE
ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
 
"(a) Policy and General Authorities --
   "(1) Statements of policy. (A) International narcotics trafficking poses an
unparalleled transnational threat in today's world, and its suppression is among
the most important foreign policy objectives of the United States.
   "(B) Under the Single Convention on Narcotic Drugs, 1961, and under the
United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, the parties are required to criminalize certain
drug-related activities, provide appropriately severe penalties,
and cooperate in the extradition of accused offenders.
   "(C) International narcotics control programs should include, as priority
goals, the suppression of the illicit manufacture of and trafficking in narcotic
and psychotropic drugs, money laundering, and precursor chemical diversion, 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 assistance, where
appropriate, to those producer and transit countries which require assistance in
discharging these primary obligations.
   "(E) The objective of the United States in dealing with the problem of
international money laundering is to ensure that countries 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 control the illicit
cultivation, production, and smuggling of, trafficking in, and abuse of narcotic
and psychotropic drugs.".
 
(b) Authority To Conclude Agreements. Section 481(a)(2) of that Act is amended
by inserting ", including reciprocal maritime 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
production 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" after "sea".
 
(e) Procurement of Weapons and Ammunition. Section 482(b) of that Act is
amended to read as follows:
 
"(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 purposes, or
   "(B) firearms and related ammunition provided only for defensive purposes to
employees or contract personnel of the Department of State engaged
in activities under this chapter,
 
if, at least 15 days before obligating those funds, the President notifies the
appropriate congressional committees in accordance with the procedures
applicable to reprogramming notifications under section 634A.".
 
(f) Requirements Relating to Aircraft and Other Equipment --
   (1) Retention of title. Section 484 of that Act is amended to read as follows:

    "SEC. 484. REQUIREMENTS RELATING TO AIRCRAFT AND
OTHER EQUIPMENT.
 
"(a) Retention of Title to Aircraft --
   "(1) In general. (A) Except as provided in paragraph (2), any aircraft made
available to a foreign country under this chapter, or 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.
   "(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 congressional committees in
accordance with the procedures applicable to reprogramming notifications under
section 634A.
   "(B) Paragraph (1) does not apply with respect to aircraft made available to
a foreign country 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 purposes of satisfying the
requirement of paragraph (1), funds made available for the 'Foreign 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(a)(3) of that Act shall not apply with respect 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(a)(1)(B) or section 22
of that Act (as appropriate).
   "(C) To the extent that aircraft so leased were acquired under chapter 5 of
that Act, funds used pursuant to this paragraph to finance such leases shall be
credited to the Special Defense Acquisition Fund under chapter 5 of that Act
(excluding the amount of funds that reflects the charges described in section
21(e)(1) of that Act). The funds described in the parenthetical clause of the
preceding sentence shall be available for payments consistent with sections
37(a) and 43(b) of that Act.".
  (2) Permissible uses of aircraft and other equipment. Chapter 8 of
part I of that Act is amended --
   (A) by striking out the section designation and section heading of section
489;
   (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 lieu thereof "section 489(a)";
   (D) by redesignating subsections (a) and (b) of section 489 as subsections (b) and
(c) of section 484 and inserting those subsections
after subsection (a) of section 484 (as amended by paragraph (1) of this
subsection); and
   (E) by repealing subsections (c) and (d) of section 489.
   (3) Records of aircraft use. Section 485 of that Act 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 Facilities.  Section 488 of
that Act is amended to read as follows:

    "SEC. 488. LIMITATIONS ON ACQUISITION OF REAL PROPERTY
AND CONSTRUCTION OF
FACILITIES.
 
"(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 congressional
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 would require the obligation of less than $ 750,000 under this
chapter.".
 

SEC. 5. 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:

   "SEC. 489. REPORTING REQUIREMENTS FOR FISCAL YEARS 1993 AND 1994.
 
"(a) International Narcotics Control Strategy Report. Not later than April 1 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 containing the following:
   "(1) For each country that received assistance under this chapter for either
of the 2 preceding fiscal years, a report on the extent to which the country 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,
transport, 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 prevent 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.
   "(2)(A) A description of the policies adopted, agreements concluded, and
programs implemented by the Department of State in pursuit of its delegated
responsibilities for international 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 laundering, and agreements pursuant to
 section 2015 of the International 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
agencies, 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 Government 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 Government
agencies are pursuing a common strategy with respect to achieving international
cooperation against money laundering and are pursuing a common strategy with
respect to major money laundering countries, including a summary of United
States objectives on a country-by-country basis.
   "(3) The identity of those countries which are --
   "(A) major illicit drug producing countries or major drug-transit countries
as determined under section 490(h);
    "(B) the significant direct or indirect sources of narcotics and
psychotropic drugs and other controlled substances significantly affecting the
United States;
   "(C) major sources of precursor chemicals used in the production of illicit
narcotics; or
   "(D) major money laundering countries.
   "(4) In addition, for each country identified pursuant to paragraph (3), the
following:
   "(A) A description of the plans, programs, and timetables adopted by such
country, including efforts to meet the objectives of the United Nations
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, and a discussion of the adequacy of the legal and law enforcement
measures taken and the accomplishments achieved in accord with those plans.
   "(B) Whether as a matter of government policy or practice, such country
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 country engages in, encourages, or facilitates the illicit
production or distribution of such drugs or substances, or the laundering of
proceeds from illegal drug transactions.
   "(5) In addition, for each country identified pursuant to paragraph (3)(A) or
(3)(B), a detailed status report, with such information as can be reliably
obtained, on the narcotic or psychotropic drugs or other controlled substances
which are being cultivated, produced, or processed in or transported 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.
   "(6) In addition, for those countries identified pursuant to paragraph (3)(C)
--
   "(A) which countries are parties to international agreements 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 recordkeeping and reporting requirements for listed
chemicals, establish a system of 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 those countries identified pursuant to paragraph (3)(D)
the following:
   "(A)(i) Which countries have financial institutions engaging in currency
transactions involving international narcotics trafficking proceeds that include
significant amounts of United States currency or currency derived from illegal
drug sales in the United States or that otherwise 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 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 establish such a
record-exchange mechanism, or
   "(II) have adopted laws or regulations that ensure the availability to
appropriate United States Government personnel and those of other governments of
adequate records in connection with narcotics investigations and proceedings.
   "(B) Which countries --
   "(i) have ratified the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances and are taking steps to implement
that Convention and other applicable agreements and conventions such as the
recommendations of the Financial Action Task Force, the policy directive of the
European Community, 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-laundering with countries 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
recording of large currency transactions at thresholds appropriate to that
country's economic situation;
   "(iii) required banks and other financial institutions to maintain, for an
adequate time, records necessary 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) established systems for identifying, tracing, freezing, seizing, and
forfeiting narcotics-related assets;
   "(vi) enacted laws for the sharing of seized narcotics assets with other
governments;
   "(vii) cooperated, when requested, with appropriate law enforcement agencies
of other governments investigating financial 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 address such obstacles, including the imposition of
sanctions or penalties.
 
"(b) Annual Reports on Assistance --
   "(1) In 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 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 (a)(3)(A),
information from the Drug Enforcement Administration, the Customs Service, and
the Coast Guard describing in detail --
   "(i) the assistance provided or to be provided to such country 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 fiscal 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
Government in connection with narcotics-related activity, including an estimate
of the fair market value and physical condition 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 transactions involving significant
amounts of proceeds from international narcotics trafficking.
 
"(d) Effective Dates of Sections. This section applies only during fiscal years
1993 and 1994. Section 489A does not apply during those fiscal years.

    "SEC. 489A. REPORTING REQUIREMENTS APPLICABLE AFTER
SEPTEMBER 30, 1994.
 
"(a) International Narcotics Control Strategy Report. --
   "(1) Requirement for report. Not later than March 1 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
illicit cultivation and manufacture of and traffic in narcotic and psychotropic
drugs and other controlled substances.
   "(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 international 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 organizations and agencies concerned with narcotics
control, training of foreign enforcement personnel, coordination of the
international narcotics control activities of United States Government agencies,
and technical assistance to international 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 countries which are the significant direct or
indirect sources of narcotic and psychotropic 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 psychotropic drugs or other controlled substances
which are being cultivated, produced, or processed in or transported 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 current fiscal year, and which
are proposed for such country for the next fiscal year, with an analysis of the
impact that the furnishing of each such kind of assistance 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 accomplishments
achieved in accord with these plans.
   "(iv) A discussion of the extent to which such country 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 negotiate 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 furnish 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 numerical 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 appropriate 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 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 activities and operations carried out under this chapter prior to
such date. Such midyear report shall include the status of each agreement
concluded prior to such date with other countries to carry out this chapter.
 
"(c) Annual Reports on Assistance --
   "(1) In 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 country 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
   "(ii) the assistance provided or to be provided (as the case may
be) to that agency by such country,
 
with respect to narcotic control efforts during the preceding fiscal year, the
current fiscal year, and the next fiscal 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
Government in connection with narcotics-related activity, including an estimate
of the fair market value and physical condition of each item of property
transferred.

    "SEC. 490. ANNUAL CERTIFICATION PROCEDURES FOR FISCAL
YEAR 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 the report required by section 653 for each major
illicit drug producing country or major drug-transit country (as determined
under subsection (h)) shall be withheld from obligation and expenditure, except
as provided in subsection (b). This 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 until 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 funds of their respective institution to or for any major illicit drug
producing country or major drug-transit country (as determined under subsection
(h)), except as provided in subsection (b). For purposes of this paragraph, 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 Procedures --
   "(1) What must be certified. Subject to subsection (d), the assistance
withheld from a country pursuant to subsection (a)(1) may be obligated and
expended, and the requirement of subsection (a)(2) to vote against multilateral
development bank assistance to a country shall not apply, if the President
determines and certifies to the Congress, at the time of the submission of the
report required by section 489(a), that --
   "(A) during the previous year the country has cooperated fully with the
United States, or has taken adequate steps on its own, to achieve full
compliance with the goals and objectives established by the United Nations
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 (a)(1) be provided and that the
United States not vote against multilateral development bank assistance for that
country pursuant to subsection (a)(2).
   "(2) Considerations regarding cooperation. In making the determination
described in paragraph (1)(A), the President shall consider the extent to which
the country 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, transport
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 prevent 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
(1)(B), 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 country 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 of the United States by the failure
of such country to cooperate fully 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 (b)(1)(A) with respect to a major illicit drug producing
country, or major drug-transit country, that is a producer of licit opium only
if the President determines that such country has taken adequate steps to
prevent significant diversion of its licit cultivation and production into the
illicit market, 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 submission of the report required by section 489(a), the Congress enacts a
joint resolution disapproving the determination 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 conditions 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
country may not be expended for the purpose of providing assistance for that
country; and
   "(2) the requirement to vote against multilateral development bank assistance
pursuant to subsection (a)(2) shall apply with respect to that country, without
regard to the date specified 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 489(a), makes a certification under subsection (b)(1)(A) or (b)(1)(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 certification described in
subsection (b)(1)(B) with respect to that country, except that this paragraph
applies only if either --
   "(A) the President also certifies that --
   "(i) that country has undergone a fundamental change in government, or
   "(ii) there has been a fundamental change in the conditions that were the
reason --
   "(I) why the President had not made a certification with respect to that
country under subsection (b)(1)(A), or
   "(II) if he had made such a certification and the Congress enacted a joint
resolution disapproving the determination contained in the certification, why
the Congress enacted that joint resolution; or
   "(B) the Congress enacts a joint resolution approving the determination
contained in the certification under subsection (b)(1)(B).
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 Illicit Drug Producing Countries
for Fiscal Years 1993 and 1994. --  Not later than January 1 of each
year, the President shall notify the appropriate committees of the Congress of
which countries have been determined to be major drug-transit countries, and
which countries have been determined to be major 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(e)(2) and (5) do not apply.

    "SEC. 490A. ANNUAL CERTIFICATION PROCEDURES AFTER
SEPTEMBER 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 major
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 major illicit drug
producing country or major drug-transit country, except as provided in
subsection (b). For purposes of this paragraph, 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 (a)(1) may be obligated and
expended, and the requirement of subsection (a)(2) to vote against multilateral
development bank assistance to a country 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 adequate steps on its own --
   "(i) in satisfying the goals agreed to in an applicable bilateral narcotics
 agreement with the United 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 country, from being sold illegally within the
jurisdiction of such country to United States Government personnel or their
dependents or from being transported, directly or indirectly, into the United
States,
   "(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 production, processing, or shipment of narcotic
and psychotropic 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 under
subparagraph (A), the vital national interests of the United States require that
the assistance withheld pursuant to subsection (a)(1) be provided and that the
United States not vote against multilateral development bank assistance for that
country pursuant to subsection (a)(2).
   "(2) Bilateral narcotics agreement. A bilateral narcotics agreement referred
to in paragraph (1)(A)(i) is an agreement between the United States and a
foreign country in 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 extradition treaties, mutual
legal assistance provisions directed at money laundering, sharing of evidence,
and other initiatives for cooperative drug enforcement.
   "(3) Requirement for narcotics agreement for certain countries. A country
which in the previous year was designated as a major illicit drug producing
country or a major drug-transit country may not be determined to be cooperating
fully under paragraph (1)(A) 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 (1)(B), 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 country 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 of the United States by the failure
of 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 countries. The President may make a certification
under paragraph (1)(A) with respect to a major illicit drug producing country,
or major drug-transit country, that is a producer of licit opium only if the
President determines that such country has taken adequate steps to prevent
significant diversion of its licit cultivation and production into the illicit
market, maintains production and stockpiles at levels no higher than those
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(a)(2)(D)? In the case of a major illicit
drug producing country, the President shall give foremost consideration, in
determining whether to make the determination required by subsection (b)(1)(A),
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 enforcement measures to
enforce in its territory, to the maximum extent possible, the elimination of
illicit cultivation and the suppression of illicit manufacturing of and
trafficking in narcotic 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 significantly affecting the United States?
   "(3) Has that government taken the legal and law enforcement steps necessary
to eliminate, to the maximum extent possible, the laundering in that country of
drug-related profits or drug-related moneys, as evidenced by --
   "(A) the enactment and enforcement by that government of laws prohibiting
such conduct;
   "(B) that government entering into, and cooperating under the terms of,
mutual legal assistance agreements with the United States governing (but not
limited to) money laundering; and
   "(C) the 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 enforcement steps necessary
to eliminate, to the maximum extent possible, bribery and other forms of public
corruption which facilitate the illicit production, processing, or shipment of
narcotic 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 government policy or practice,
encouraged or facilitated the illicit production or distribution of narcotic and
psychotropic drugs and other controlled substances?
   "(6) Does any senior official of that government engage in,
encourage, or facilitate the illicit production or distribution of narcotic and
psychotropic drugs and other controlled substances?
   "(7) Has that government investigated aggressively all cases in which any
member of an agency of the United States Government 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 Government, does
that government fail to provide reasonable cooperation to lawful activities of
United States drug enforcement 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 distance 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 processed 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(b)(1) 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 determination 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 conditions 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 development bank assistance
pursuant to subsection (a)(2) shall apply with respect to that country, without
regard to the date specified in that subsection.
 
"(f) Recertification --
   "(1) Time of recertification; congressional action. Subsection (e) shall
apply to a country described in that subsection until --
   "(A) the President makes a certification under subsection (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
   "(B) the President submits, at any other time, a certification
described in subparagraph (A) or (B) of subsection (b)(1) with respect to such
country, and the Congress enacts a joint resolution approving the determination
of the President contained 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 International 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 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
subparagraphs (A) and (B) of section 481(e)(5).
   "(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 paragraph
(1) with respect to that year and shall notify the appropriate committees of the
Congress of those standards and guidelines.
   "(3) Notice to congress of preliminary determinations. 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:
   "(4) the term 'United States assistance' means --
   "(A) any assistance 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 assistance under this part (including
chapter 4 of part II), but any such assistance provided 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
   "(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
Agricultural Trade Development and Assistance Act of 1954; and
   "(D) financing under the Export-Import Bank Act of 1945;".
 
SEC. 6. TECHNICAL, CONFORMING, AND OTHER AMENDMENTS;
REPEAL OF OBSOLETE
PROVISIONS.
 
(a) Statutory References to Annual Reports, Certifications, and Definitions.
After September 30, 1994, any reference 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 (b)(3) 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:
   (1) Section 481(d)(3) 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 490(h) 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 -- ".
   (4) Subsection (c) of section 482 is repealed, and subsection (d) of that section
is redesignated as subsection (c).
   (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 foreign military sales
financing)" and inserting in lieu thereof "(relating to the 'Foreign Military
Financing Program')".
   (6) Section 487(a)(1) is amended by striking out "(as defined in section
481(i)(3) of this Act)".
 
(c) Conforming Amendments to Export-Import Bank Act. Section 2(b)(6) of the
Export-Import Bank Act of 1945 is amended --
   (1) in subparagraph (B)(iii), by striking out "481(h)(5)" and inserting in
lieu thereof "490(e)"; and
   (2) in subparagraph (C)(ii), by striking out "defined in section 481(i)" and
inserting in lieu thereof "determined under section 490(h) or 481(e), as
appropriate,".
 
 (d) Amendment to 1989 Drug Act. -- Section 3 of the International
Narcotics Control Act of 1989 is amended by adding at the end the following:
 
"(j) Certain Funding Limitations. The dollar limitations specified in
subsections (c)(1) and (d)(1) 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, 4306, 4308, 4309, 4501, 4702, and 4804. Section
4501(b) of that Act is amended by striking out "Section 4601 of this 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, 2010, 2015, 2018, and 2029.
 

SEC. 7. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE
FOR FISCAL YEARS 1993 AND 1994 FROM PROHIBITION ON 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 Financing Program" under
section 23 of the Arms 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 transfer under
subsection (a)(1) or any obligation of funds under subsection (a)(2) or (a)(3),
the President shall notify the appropriate congressional committees 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 section shall be coordinated with
international narcotics control assistance under chapter 8 of part I of the
Foreign Assistance Act of 1961.
 

SEC. 8.  WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED
ECONOMIC ASSISTANCE.
 
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 assistance to foreign countries (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.
 
SEC. 9. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR
COUNTERNARCOTICS PURPOSES.
 
(a) Changes in Authorities. Section 517 of the Foreign Assistance Act of 1961 is amended --
   (1) in the section heading, by striking out "military capabilities of certain
major illicit drug producing" and inserting in lieu thereof "counternarcotics
capabilities of certain";
   (2) in subsection (a)(1), by striking out "(as defined in section 481(i)(2))"
and inserting in lieu thereof "or a major drug-transit country";
   (3) in subsection (b) --
   (A) by inserting "and local law enforcement agencies" after "military
forces";
   (B) by striking out "with local law enforcement agencies" and inserting in
lieu thereof "cooperatively"; and
   (C) by striking out "(as defined in section 481(i)(3))";
   (4) in subsection (d), by striking out "4601 of the International Narcotics
 Control Act of 1988" and inserting in lieu 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 Use 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 major illicit drug producing country or major 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 of Excess Defense
Articles. Section 644(g) of that Act is amended by inserting "(other than construction
equipment, including tractors, 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.
 
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)
ontribute to cooperation between military and law enforcement personnel with
respect to counternarcotics law enforcement efforts, or (iv)".
 

SEC. 11. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
 
(a) Foreign Assistance Act Amendments. Section 481(e) of the Foreign Assistance
Act of 1961, as amended by the preceding provisions of this Act, is amended --
   (1) by striking out the period at the end of paragraph (5) and inserting in
lieu thereof "; and"; and
   (2) after paragraph (5) insert the following:
   "(6) the term 'appropriate congressional committees' means the
Committee on Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.".
 
(b) Free-standing Provisions of This Act. As used in this Act, the term "appropriate
congressional committees" has the definition given that term by section 481(e)(6)
of the Foreign Assistance Act of 1961 (as added by subsection (a) of this section).
 
SEC. 12. EXPORT-IMPORT BANK FINANCING OF SALES OF DEFENSE
ARTICLES OR SERVICES.
 
(a) Extension of Authority. Section 2(b)(6) of the Export-Import Bank Act of
 1945 is amended by striking out "1992" in subparagraph (B)(vi) and inserting
in lieu thereof "1997".
 
(b) Additional Criteria For National Interest Waiver. Section 2(b)(6)(D)(i) 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:
   "(II) the President determines, after consultation with the Assistant
Secretary of State for Human Rights and Humanitarian Affairs, that the
purchasing country has complied with all restrictions imposed by 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 consistent pattern of gross
violations of internationally recognized human rights; and".
 
(c) Conforming Amendments. --
   (1) Export-import bank act. Section 2(b)(6) of that Act is amended --
   (A) in subparagraph (A), by striking out "designated" 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 lieu
thereof "or services";
   (C) in subparagraph (D)(i)(III), 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 (D)(ii), 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.
 
(d) Avoidance 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.
    Speaker of the House of Representatives.
    Vice President of the United States and
    President of the Senate.