Pub. L. 107-115, tit. V, sec. 591

Sec. 591. During fiscal year 2002 funds in this Act that would otherwise be withheld from obligation or expenditure under section 115 STAT. 2175490 of the Foreign Assistance Act of 1961 may be obligated or expended provided that: (1) Report.—Not later than 45 days after enactment the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug-transit country or major illicit drug producing country. (2) Designation and justification.—In each report under paragraph (1), the President shall also— (A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts— (i) to adhere to its obligations under international counternarcotics agreements; and (ii) to take the counternarcotics measures set forth in section 489(a)(1) of the Foreign Assistance Act of 1961; and (B) include a justification for each country so designated. (3) Limitation On Assistance Foe Designated Countries.—In the case of a country identified in a report for fiscal year 2002 under paragraph (1) that is also designated under paragraph (2) in the report, United States assistance may be provided under this Act to such country in fiscal year 2002 only if the President determines and reports to the appropriate congressional committees that— (A) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or (B) commencing at any time 45 days after enactment, the country has made substantial efforts— (i) to adhere to its obligations under international counternarcotics agreements; and (ii) to take the counternarcotics measures set forth in section 489(a)(1) of the Foreign Assistance Act of 1961. (4) International counternarcotics agreement defined.—In this section, the term “international counternarcotics agreement” means— (A) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or (B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as— (i) the production, distribution, and interdiction of illicit drugs; (ii) demand reduction; (iii) the activities of criminal organizations; (iv) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence); (v) the extradition of nationals and individuals involved in drug-related criminal activity;115 STAT. 2176 (vi) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity; (vii) border security; (viii) money laundering; (ix) illicit firearms trafficking; (x) corruption; (xi) control of precursor chemicals; (xii) asset forfeiture; and (xiii) related training and technical assistance, and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues. (5) Application.—Section 490(a) through (g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) shall not apply during fiscal year 2002 with respect to any country identified in paragraph (1) of this section. (6) Statutory construction.—Nothing in this section supersedes or modifies the requirement in section 489(a) of the Foreign Assistance Act of 1961 (with respect to the International Control Strategy Report) for the transmittal of a report not later than March 1, 2002 under that section.