Text: Senator Wants to Suspend Drug Certification for Two Years

30 January 2001

Text: Senator Wants to Suspend Drug Certification for Two Years

Process alienates allies whose cooperation U.S. seeks

Senator Christopher Dodd (Democrat of Connecticut) introduced legislation January 30 to the Senate that would suspend for two years the annual certification process whereby the U.S. government assesses the efforts of various countries to curtail the flow of illegal drugs.

He had bipartisan support from Senators John McCain (Republican of Arizona) and Charles Hagel (Republican of Nebraska), along with the backing of fellow Democrat, Ernest Hollings of South Carolina for his bill, S 219.

The proposed measure states that 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."

Under section 490 of the Foreign Assistance Act of 1961, in effect since 1986, the United States annually certifies countries that it finds are cooperating fully in international efforts to curb the drug trade.

That certification process, the bill says, "does not currently foster effective and consistent bilateral or multilateral cooperation" with U.S. efforts to cut off the drug trade.

That's because "its provisions are vague and inconsistently applied and in many cases have been superseded by subsequent bilateral and multilateral agreements and because it alienates the very allies whose cooperation we seek," S 219 states.

The legislation puts the revenue generated by worldwide drug trafficking at $400,000,000,000 annually.

Following is the text of the proposed legislation:

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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... (Introduced in the Senate)

S 219 IS
107th CONGRESS
1st Session

S. 219

IN THE SENATE OF THE UNITED STATES
January 30, 2001

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

A BILL

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

SECTION 1. TWO-YEAR SUSPENSION OF DRUG CERTIFICATION PROCEDURES.

(a) 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 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.

(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 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.

(b) SENSE OF CONGRESS- 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 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

(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.

(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.

(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.

(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.

(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.

(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.

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