
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2291a]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
               Part VIII--International Narcotics Control
 
Sec. 2291a. Authorization of appropriations


(a) Fiscal year authorization; availability of funds

    (1) To carry out the purposes of section 2291 of this title, there 
are authorized to be appropriated to the President $147,783,000 for 
fiscal year 1993 and $171,500,000 for fiscal year 1994.
    (2) Amounts appropriated under this subsection are authorized to 
remain available until expended.

(b) Procurement of weapons and ammunition

                           (1) Prohibition

        Except as provided in paragraph (2), funds made available to 
    carry out this part 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 part,

    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 2394-1 of this title.

(c) Contributions and reimbursement

    (1) To ensure local commitment to the activities assisted under this 
part, a country receiving assistance under this part 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.
    (2)(A) The President is authorized to accept contributions from 
foreign governments to carry out the purposes of this part. Such 
contributions shall be deposited as an offsetting collection to the 
applicable appropriation account and may be used under the same terms 
and conditions as funds appropriated pursuant to this part.
    (B) At the time of submission of the annual congressional 
presentation documents required by section 2394(a) of this title, the 
President shall provide a detailed report on any contributions received 
in the preceding fiscal year, the amount of such contributions, and the 
purposes for which such contributions were used.
    (3) The President is authorized to provide assistance under this 
part on a reimbursable basis. Such reimbursements shall be deposited as 
an offsetting collection to the applicable appropriation and may be used 
under the same terms and conditions as funds appropriated pursuant to 
this part.

(d) Administrative assistance

    (1) Except as provided in paragraph (2), personnel funded pursuant 
to this section are authorized to provide administrative assistance to 
personnel assigned to the bureau designated by the Secretary of State to 
replace the Bureau for International Narcotics Matters.
    (2) Paragraph (1) shall not apply to the extent that it would result 
in a reduction in funds available for antinarcotics assistance to 
foreign countries.

(e) Advance notification of transfer of seized assets

    The President shall notify the appropriate congressional committees 
at least 10 days prior to any transfer by the United States Government 
to a foreign country for narcotics control purposes of any property or 
funds seized by or otherwise forfeited to the United States Government 
in connection with narcotics-related activity.

(f) Treatment of funds

    Funds transferred to and consolidated with funds appropriated 
pursuant to this part may be made available on such terms and conditions 
as are applicable to funds appropriated pursuant to this part. Funds so 
transferred or consolidated shall be apportioned directly to the bureau 
within the Department of State responsible for administering this part.

(g) Excess property

    For purposes of this part, the Secretary of State may use the 
authority of section 2358 of this title, without regard to the 
restrictions of such section, to receive nonlethal excess property from 
any agency of the United States Government for the purpose of providing 
such property to a foreign government under the same terms and 
conditions as funds authorized to be appropriated for the purposes of 
this part.

(Pub. L. 87-195, pt. I, Sec. 482, as added Pub. L. 92-352, title V, 
Sec. 503, July 13, 1972, 86 Stat. 497; amended Pub. L. 93-189, 
Sec. 11(b), Dec. 17, 1973, 87 Stat. 720; Pub. L. 94-329, title V, 
Sec. 504(a), June 30, 1976, 90 Stat. 764; Pub. L. 95-92, Sec. 3, Aug. 4, 
1977, 91 Stat. 614; Pub. L. 95-384, Sec. 5, Sept. 26, 1978, 92 Stat. 
731; Pub. L. 96-92, Sec. 3(a), Oct. 29, 1979, 93 Stat. 701; Pub. L. 96-
533, title IV, Sec. 402(a), (b), Dec. 16, 1980, 94 Stat. 3149; Pub. L. 
97-113, title V, Sec. 502(c), Dec. 29, 1981, 95 Stat. 1539; Pub. L. 99-
83, title VI, Secs. 602, 608, 614, Aug. 8, 1985, 99 Stat. 228, 229, 231; 
Pub. L. 99-529, title IV, Sec. 401, Oct. 24, 1986, 100 Stat. 3019; Pub. 
L. 99-570, title II, Sec. 2002, Oct. 27, 1986, 100 Stat. 3207-60; Pub. 
L. 100-690, title IV, Sec. 4201, Nov. 18, 1988, 102 Stat. 4267; Pub. L. 
101-231, Secs. 16, 17(g), Dec. 13, 1989, 103 Stat. 1964, 1965; Pub. L. 
102-583, Secs. 3, 4(e), 6(b)(4), Nov. 2, 1992, 106 Stat. 4914, 4915, 
4932; Pub. L. 103-236, title I, Sec. 164(a), Apr. 30, 1994, 108 Stat. 
411; Pub. L. 103-447, title I, Sec. 101(c), Nov. 2, 1994, 108 Stat. 
4692; Pub. L. 104-164, title I, Sec. 131(b), (c), July 21, 1996, 110 
Stat. 1429.)


                               Amendments

    1996--Subsec. (c). Pub. L. 104-164, Sec. 131(b), substituted 
``Contributions and reimbursement'' for ``Contribution by recipient 
country'' in heading, redesignated existing provisions as par. (1), and 
added pars. (2) and (3).
    Subsecs. (f), (g). Pub. L. 104-164, Sec. 131(c), added subsecs. (f) 
and (g).
    1994--Subsec. (d). Pub. L. 103-236 added subsec. (d).
    Subsec. (e). Pub. L. 103-447 added subsec. (e).
    1992--Subsec. (a)(1). Pub. L. 102-583, Sec. 3, substituted 
``$147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 
1994'' for ``$115,000,000 for fiscal year 1990''.
    Subsec. (b). Pub. L. 102-583, Sec. 4(e), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Funds 
authorized to be appropriated by this section shall not be made 
available for the procurement of weapons or ammunition under this 
part.''
    Subsecs. (c), (d). Pub. L. 102-583, Sec. 6(b)(4), redesignated 
subsec. (d) as (c) and struck out former subsec. (c) which read as 
follows: ``Notwithstanding section 1306 of title 31, section 508 of the 
General Government Matters, Department of Commerce, and Related Agencies 
Appropriation Act, 1962, and section 1705 of title 7, 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 2291 of this title 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.''
    1989--Subsec. (a)(1). Pub. L. 101-231, Sec. 16, substituted 
``$115,000,000 for fiscal year 1990'' for ``$101,000,000 for fiscal year 
1989''.
    Subsec. (d). Pub. L. 101-231, Sec. 17(g), inserted ``Contribution by 
recipient country'' as heading and amended text generally. Prior to 
amendment, text read as follows: ``Assistance may be provided under this 
part 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.''
    1988--Subsec. (a). Pub. L. 100-690 added par. (1) and struck out 
former pars. (1) and (3) which related to authorization for fiscal years 
1986 and 1987, and to contribution to United Nations Fund for Drug Abuse 
Control.
    1986--Subsec. (a)(1). Pub. L. 99-570, Sec. 2002(1), which directed 
that ``$75,445,000 for the fiscal year 1987'' be substituted for 
``$57,529,000 for the fiscal year 1987'', was executed by making the 
substitution for ``$65,445,000 for the fiscal year 1987'' to reflect the 
probable intent of Congress and the intervening amendment by Pub. L. 99-
529. See Amendment note for Pub. L. 99-529 below.
    Pub. L. 99-570, Sec. 2002(2), inserted provisions that if the 
President submits a detailed plan for use of the money, an additional 
$45,000,000 may be appropriated to carry out the purpose of section 2291 
of this title, of which at least $10,000,000 shall be used primarily for 
helicopters or other aircraft based in Latin America for use for 
narcotics control, eradication, and interdiction efforts throughout the 
region.
    Pub. L. 99-529, which directed the substitution of ``$65,445,000 for 
the fiscal year 1987'' for ``$57,529,000 for the fiscal year 1987'', was 
executed by substituting the new phrase for ``$57,529,000 for fiscal 
year 1987'' to reflect the probable intent of Congress.
    1985--Subsec. (a)(1). Pub. L. 99-83, Sec. 602, amended par. (1) 
generally, substituting provisions authorizing appropriations of 
$57,529,000 for fiscal years 1986 and 1987, for provisions authorizing 
appropriations of $37,700,000 for fiscal years 1982 and 1983.
    Subsec. (a)(3). Pub. L. 99-83, Sec. 614, added par. (3).
    Subsec. (d). Pub. L. 99-83, Sec. 608, added subsec. (d).
    1981--Subsec. (a). Pub. L. 97-113, in par. (1), substituted 
appropriations authorization of $37,700,000 for fiscal years 1982 and 
1983 for appropriation of $38,573,000 for fiscal year 1981, redesignated 
par. (3) as (2), and deleted former par. (2) which limited the 
contribution to the United Nations Fund for Drug Abuse Control from 
fiscal year 1981 appropriated funds to lesser of $3,000,000 or 50 
percent of the total contributions by all countries to such Fund for the 
calendar year with respect to which the United States contribution is 
made.
    1980--Subsec. (a). Pub. L. 96-533, Sec. 402(a), in par. (1), 
substituted appropriations authorization of $38,573,000 for fiscal year 
1981 for such authorization of $51,758,000 for fiscal year 1980, 
redesignated as par. (3) as (2), substituting therein ``1981'' and ``50 
percent'' for ``1980'' and ``25 percent'', and deleted former par. (2) 
authorization of $16,000,000 for interdiction of drug traffic by 
Republic of Colombia to be used only for helicopters, patrol vessels, 
fixed radar equipment, transport vehicles, fuel, and for training 
personnel, and redesignated par. (4) as (3).
    Subsec. (c). Pub. L. 96-533, Sec. 402(b), added subsec. (c).
    1979--Subsec. (a)(1). Pub. L. 96-92 designated existing provisions 
as par. (1), substituted appropriations authorization of $51,758,000 for 
fiscal year 1980 for authorization of $40,000,000 for fiscal year 1979, 
and designated provision respecting availability of funds as par. (4).
    Subsec. (a)(2), (3). Pub. L. 96-92 added pars. (2) and (3).
    Subsec. (a)(4). Pub. L. 96-92 designated existing provision 
respecting availability of funds as par. (4) and substituted 
``subsection'' for ``section''.
    1978--Pub. L. 95-384 designated existing provisions as subsec. (a), 
substituted ``$40,000,000 for the fiscal year 1979'' for ``$39,000,000 
for the fiscal year 1978'', and added subsec. (b).
    1977--Pub. L. 95-92 substituted provisions authorizing 
appropriations for fiscal year 1978 and providing for availability of 
amounts appropriated until expended, for provisions authorizing 
appropriations for fiscal years 1974 through 1977, provisions 
prohibiting obligation of appropriation for fiscal year 1976 for any 
country illegally trafficking in opiates unless such appropriation aids 
in reducing the amount of illegal opiates entering the international 
market, and provisions authorizing availability of amounts appropriated 
until expended.
    1976--Pub. L. 94-329 inserted provision that authorized $40,000,000 
for the fiscal year 1976, no part of which can be obligated to any 
country where illegal opiate traffic is a significant problem unless the 
President certifies in writing to the Speaker of the House and chairman 
of the Senate Committee on Foreign Relations that the assistance 
furnished is significantly the amount of illegal opiates entering the 
international market, and authorized $34,000,000 for the fiscal year 
1977.
    1973--Pub. L. 93-189 substituted ``$42,500,000 for each of the 
fiscal years 1974 and 1975. Amounts appropriated under this section are 
authorized to remain available until expended'', for ``$42,500,000 for 
the fiscal year 1973, which amount is authorized to remain available 
until expended''.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


              Colombian Anti-Narcotics Enforcement Program

    Section 402(c) of Pub. L. 96-533 provided: ``Notwithstanding the 
provisions of section 482(a)(2) of the Foreign Assistance Act of 1961 
[subsec. (a)(2) of this section] as in effect immediately prior to the 
enactment of this Act [Dec. 16, 1980], funds appropriated for the fiscal 
year 1980 to carry out the purposes of section 481 of that Act [section 
2291 of this title] which were obligated for assistance for Colombia may 
be used for fixed-wing aircraft, communications equipment, and such 
other equipment and operational support, including aviation services, as 
are essential to the Colombian anti-narcotics enforcement program.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2291, 2420 of this title.
