22 U.S.C. § 2291a — Authorization of appropriations

Page 732 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2291a (c) Notification requirement Before the export of any item authorized for transfer under subsection (a), the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifi- cations under section 2394–1 of this title. (d) Sense of Congress It is the sense of Congress that— (1) all United States law enforcement per- sonnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico. (Pub. L. 105–277, div. C, title VIII, § 843, Oct. 21, 1998, 112 Stat. 2681–704.) Editorial Notes CODIFICATION Section was enacted as part of the Western Hemi- sphere Drug Elimination Act, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 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 appro- priated to the President $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994. (2) Amounts appropriated under this sub- section 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 pro- vided only for defensive purposes to employ- ees 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 activi- ties assisted under this part, a country receiving assistance under this part should bear an appro- priate share of the costs of any narcotics control program, project, or activity for which such as- sistance 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 con- tributions shall be deposited as an offsetting collection to the applicable appropriation ac- count 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 contribu- tions 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 as- sistance under this part on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropria- tion 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), per- sonnel funded pursuant to this section are au- thorized 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 as- sets The President shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Govern- ment to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Govern- ment in connection with narcotics-related activ- ity. (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 with- in the Department of State responsible for ad- ministering this part. (g) Excess property For purposes of this part, the Secretary of State may use the authority of section 2358 of Page 733 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2291a this title, without regard to the restrictions of such section, to receive nonlethal excess prop- erty from any agency of the United States Gov- ernment for the purpose of providing such prop- erty 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, § 482, as added Pub. L. 92–352, title V, § 503, July 13, 1972, 86 Stat. 497; amended Pub. L. 93–189, § 11(b), Dec. 17, 1973, 87 Stat. 720; Pub. L. 94–329, title V, § 504(a), June 30, 1976, 90 Stat. 764; Pub. L. 95–92, § 3, Aug. 4, 1977, 91 Stat. 614; Pub. L. 95–384, § 5, Sept. 26, 1978, 92 Stat. 731; Pub. L. 96–92, § 3(a), Oct. 29, 1979, 93 Stat. 701; Pub. L. 96–533, title IV, § 402(a), (b), Dec. 16, 1980, 94 Stat. 3149; Pub. L. 97–113, title V, § 502(c), Dec. 29, 1981, 95 Stat. 1539; Pub. L. 99–83, title VI, §§ 602, 608, 614, Aug. 8, 1985, 99 Stat. 228, 229, 231; Pub. L. 99–529, title IV, § 401, Oct. 24, 1986, 100 Stat. 3019; Pub. L. 99–570, title II, § 2002, Oct. 27, 1986, 100 Stat. 3207–60; Pub. L. 100–690, title IV, § 4201, Nov. 18, 1988, 102 Stat. 4267; Pub. L. 101–231, §§ 16, 17(g), Dec. 13, 1989, 103 Stat. 1964, 1965; Pub. L. 102–583, §§ 3, 4(e), 6(b)(4), Nov. 2, 1992, 106 Stat. 4914, 4915, 4932; Pub. L. 103–236, title I, § 164(a), Apr. 30, 1994, 108 Stat. 411; Pub. L. 103–447, title I, § 101(c), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104–164, title I, § 131(b), (c), July 21, 1996, 110 Stat. 1429.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–164, § 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, § 131(c), added sub- secs. (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, § 3, substituted ‘‘$147,783,000 for fiscal year 1993 and $171,500,000 for fis- cal year 1994’’ for ‘‘$115,000,000 for fiscal year 1990’’. Subsec. (b). Pub. L. 102–583, § 4(e), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Funds authorized to be appropriated by this sec- tion shall not be made available for the procurement of weapons or ammunition under this part.’’ Subsecs. (c), (d). Pub. L. 102–583, § 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 Appro- priation 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 appro- priation 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 avail- ability 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, § 16, substituted ‘‘$115,000,000 for fiscal year 1990’’ for ‘‘$101,000,000 for fis- cal year 1989’’. Subsec. (d). Pub. L. 101–231, § 17(g), inserted ‘‘Con- tribution by recipient country’’ as heading and amend- ed text generally. Prior to amendment, text read as fol- lows: ‘‘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’ contribu- tions.’’ 1988—Subsec. (a). Pub. L. 100–690 added par. (1) and struck out former pars. (1) and (3) which related to au- thorization for fiscal years 1986 and 1987, and to con- tribution to United Nations Fund for Drug Abuse Con- trol. 1986—Subsec. (a)(1). Pub. L. 99–570, § 2002(1), which di- rected that ‘‘$75,445,000 for the fiscal year 1987’’ be sub- stituted for ‘‘$57,529,000 for the fiscal year 1987’’, was ex- ecuted 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, § 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 re- flect the probable intent of Congress. 1985—Subsec. (a)(1). Pub. L. 99–83, § 602, amended par. (1) generally, substituting provisions authorizing ap- propriations 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, § 614, added par. (3). Subsec. (d). Pub. L. 99–83, § 608, added subsec. (d). 1981—Subsec. (a). Pub. L. 97–113, in par. (1), sub- stituted 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 de- leted 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, § 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), sub- stituting 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 ves- sels, fixed radar equipment, transport vehicles, fuel, and for training personnel, and redesignated par. (4) as (3). Subsec. (c). Pub. L. 96–533, § 402(b), added subsec. (c). 1979—Subsec. (a)(1). Pub. L. 96–92 designated existing provisions as par. (1), substituted appropriations au- thorization of $51,758,000 for fiscal year 1980 for author- ization 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 provi- sion respecting availability of funds as par. (4) and sub- stituted ‘‘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 obliga- tion of appropriation for fiscal year 1976 for any coun- try illegally trafficking in opiates unless such appro- Page 734 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2291b 1 See References in Text note below. priation aids in reducing the amount of illegal opiates entering the international market, and provisions au- thorizing availability of amounts appropriated until expended. 1976—Pub. L. 94–329 inserted provision that author- ized $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 Rela- tions 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’’. Statutory Notes and Related Subsidiaries 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 sec- tion 2151–1 of this title. COLOMBIAN ANTI-NARCOTICS ENFORCEMENT PROGRAM Pub. L. 96–533, title IV, § 402(c), Dec. 16, 1980, 94 Stat. 3150, provided: ‘‘Notwithstanding the provisions of sec- tion 482(a)(2) of the Foreign Assistance Act of 1961 [sub- sec. (a)(2) of this section] as in effect immediately prior to the enactment of this Act [Dec. 16, 1980], funds ap- propriated for the fiscal year 1980 to carry out the pur- poses 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.’’ Executive Documents 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. § 2291b. Prohibition on use of foreign assistance for reimbursements for drug crop eradi- cations Funds made available to carry out this chap- ter may not be used to reimburse persons whose illicit drug crops are eradicated. (Pub. L. 87–195, pt. I, § 483, as added Pub. L. 99–83, title VI, § 609, Aug. 8, 1985, 99 Stat. 230.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amend- ment note under section 2151–1 of this title. § 2291c. 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 part, or made available to a foreign country primarily for narcotics-related pur- poses 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 ex- tent that— (i) the application of that paragraph with respect to particular aircraft would be con- trary to the national interest of the United States; and (ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to re- programming notifications under section 2394–1 of this title. (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 require- ment of paragraph (1), funds made available for the ‘‘Foreign Military Financing Program’’ under section 23 of the Arms Export Control Act [22 U.S.C. 2763] may be used to finance the leasing of aircraft under chapter 6 of that Act [22 U.S.C. 2796 et seq.]. (B) Section 61(a)(3) 1 of that Act [22 U.S.C. 2796(a)(3)] 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 [22 U.S.C. 2761(a)(1)(B), 2762] (as appropriate). (C) To the extent that aircraft so leased were acquired under chapter 5 of that Act [22 U.S.C. 2795 et seq.], funds used pursuant to this paragraph to finance such leases shall be cred- ited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges de- scribed in section 21(e)(1) of that Act [22 U.S.C. 2761(e)(1)]). The funds described in the par- enthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act [22 U.S.C. 2777(a), 2792(b)]. (b) Permissible uses of aircraft and other equip- ment The President shall take all reasonable steps to ensure that aircraft and other equipment