Summary: H.R.5567 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (10/26/1990)

International Narcotics Control Act of 1990 - Authorizes appropriations for economic and development assistance for FY 1991 for Andean countries under the Foreign Assistance Act of 1961 (FAA). Specifies that up to a specified amount of such economic assistance should be used to provide assistance for Bolivia, Colombia, and Peru for: (1) administration of justice programs; (2) protection of judges, other government officials, and members of the press against narco-terrorist attacks; and (3) training, technical assistance, and equipment for the Office of Special Investigations and the Special Prosecutor for Human Rights in Colombia.

Extends authority for administration of justice programs under such Act.

Authorizes appropriations for military and law enforcement assistance for Andean countries under the Arms Export Control Act (AECA). Conditions such aid on: (1) the country having a democratic government; and (2) the armed forces and law enforcement agencies of the country not engaging in a consistent pattern of gross human rights violations.

Specifies: (1) authorized uses of funds for law enforcement (anti-narcotics) training and equipment, subject to certain monetary limitations (but sets forth conditions under which such assistance may be increased); and (2) forms of assistance subject to limitation.

Specifies a maximum limitation on the aggregate acquisition cost to the United States of excess defense articles ordered by the President in FY 1991 for delivery to Bolivia, Colombia, and Peru under the FAA. Waives existing grant limitations on the transfer of excess defense articles with respect to such countries in FY 1991 under the FAA and AECA.

Authorizes the use of funds from appropriations for military and law enforcement assistance for Andean countries under the AECA to finance the leasing of aircraft under such Act, subject to specified requirements concerning payment of the cost of such leases and reimbursement of the Special Defense Acquisition Fund.

Conditions provision of economic and administration of justice assistance and military and law enforcement assistance under this Act upon a Presidential determination that: (1) the recipient country is implementing programs to reduce the flow of cocaine to the United States in accordance with a bilateral or multilateral agreement to which the United States is a party; (2) the armed forces and law enforcement agencies of such country are not engaged in a consistent pattern of gross human rights violations and the government of such country has made significant progress in protecting such rights; and (3) such government has effective control over police and military operations related to counternarcotics and counterinsurgency activities.

Requires the President, not less than 15 days before such funds are obligated, to transmit to specified congressional committees a written notification specifying the country receiving assistance, the type and value of such assistance, the law enforcement agencies or other units that will receive the assistance, and an explanation of how such assistance will further specified narcotics-control objectives.

Waives: (1) certain requirements with respect to narcotics-related assistance for Andean countries, such as the Brooke-Alexander Amendment, provided the President has made such determination; and (2) the FAA requirement to withhold 50 percent of assistance pending certification if the President determines that application of the certification requirement would be contrary to the national interest and transmits written notification of such determination to the appropriate congressional committees.

Authorizes appropriations under the FAA for international narcotics control assistance.

Authorizes the President to provide development and economic assistance to a foreign country under the FAA to promote the production, processing, and marketing of products or commodities to reduce dependence upon the production of crops from which narcotic and psychotropic drugs are derived.

Makes exceptions to the FAA requirement that aircraft provided to foreign countries for narcotics control purposes be leased rather than sold.

Requires the President to submit to the Congress a monthly report listing the number of members of the U.S. armed forces assigned to each Andean country.

Amends the International Narcotics Control Act of 1989 to make certification procedures inapplicable to certain major drug-transit countries for FY 1991.

Authorizes the transfer of foreign military financing program funds to economic programs.

Authorizes the Secretary of State to order the surrender of a U.S. citizen to a foreign country upon request of such country even if the United States is not obligated to do so by treaty, if the other requirements of such treaty are met.

Requires the President to notify specified congressional committees not less than 15 days before obligating funds made available for any fiscal year to carry out the FAA or AECA for narcotics-related assistance for Afghanistan.

Requires the President: (1) to implement a program of instruction to train host country pilots and other flight crew members to fly host country aircraft involved in counternarcotics efforts in Andean countries; and (2) to ensure that, within 18 months, flight crews composed of host country personnel replace all U.S. Government pilots and other flight crew members in such operations.

Bars the use of FAA or AECA funds for the procurement of surface water craft for counternarcotics programs in the Andean countries until the Secretary of State and Secretary of Defense have jointly assessed, audited, and submitted a report to the Congress on the specific goals and objectives of such programs.

Amends: (1) the FAA to authorize the use of excess defense articles transferred to a major illicit drug producing country if such country ensures that such articles will be used primarily (currently, only) in support of antinarcotics activities; and (2) the Export-Import Bank Act of 1945 to make certain restrictions under such Act and under the AECA inapplicable to the sale of defense articles or services made on or before September 30, 1992 (under current law, 1990).

Urges the President to use the authority provided in the International Narcotics Control Act of 1989 to forgive debt owed to the U.S. Government by the Governments of Bolivia, Colombia, and Peru.