22 U.S.C. § 2291f — Prohibition on assistance to drug traf-

Page 736 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2291e 56673, as amended, set out as a note under section 2381 of this title. § 2291e. Reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking If any funds authorized to be appropriated for any fiscal year for assistance under this chapter are not used for assistance for the country for which those funds were allocated because of the requirements of section 2291j of this title or any other provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production or trafficking, the President shall use those funds for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or traf- ficking, as follows: (1) International narcotics control assistance Those funds may be transferred to and con- solidated with the funds appropriated to carry out this part in order to provide additional narcotics control assistance for those coun- tries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Con- gress. Transfers may be made under this para- graph without regard to the 20-percent in- crease limitation contained in section 2360(a) of this title. This paragraph does not apply with respect to funds made available for as- sistance under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. (2) Other assistance Any such funds not used under paragraph (1) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures under sec- tion 2394–1 of this title) in order to provide ad- ditional assistance for those countries. (Pub. L. 87–195, pt. I, § 486, as added Pub. L. 100–690, title IV, § 4206(a), Nov. 18, 1988, 102 Stat. 4270; amended Pub. L. 102–583, § 6(b)(5), Nov. 2, 1992, 106 Stat. 4932; Pub. L. 103–447, title I, § 101(d), Nov. 2, 1994, 108 Stat. 4692.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in par. (1), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 1994—Pub. L. 103–447 struck out subsec. (a) designa- tion and heading which read ‘‘Additional assistance for countries taking significant steps’’, substituted ‘‘as- sistance under this chapter’’ for ‘‘security assistance’’ in provisions before par. (1), ‘‘Other assistance’’ for ‘‘Security assistance’’ in par. (2) heading, and ‘‘addi- tional assistance’’ for ‘‘additional security assistance’’ in par. (2) text, and struck out heading and text of sub- sec. (b). Text read as follows: ‘‘As used in this section, the term ‘security assistance’ means assistance under part II of subchapter II of this chapter (relating to the grant military assistance program), part IV of sub- chapter II of this chapter (relating to the Economic Support Fund), part V of subchapter II of this chapter (relating to international military education and train- ing), or the Arms Export Control Act (relating to the ‘Foreign Military Financing Program’).’’ 1992—Subsec. (a). Pub. L. 102–583, § 6(b)(5)(A), sub- stituted ‘‘section 2291j of this title’’ for ‘‘section 2291(h) of this title’’. Subsec. (b). Pub. L. 102–583, § 6(b)(5)(B), substituted ‘‘(relating to the ‘Foreign Military Financing Pro- gram’)’’ for ‘‘(relating to foreign military sales financ- ing)’’. Statutory Notes and Related Subsidiaries SUPERSEDURE OF FOREIGN OPERATIONS, EXPORT FI- NANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1989 Pub. L. 100–690, title IV, § 4206(b), Nov. 18, 1988, 102 Stat. 4270, which provided that the enactment of this section superseded section 578(d) of Pub. L. 100–461, Oct. 1, 1988, 102 Stat. 2268–46, and that funds could be trans- ferred under subsec. (a)(1) of this section notwith- standing section 514 of Pub. L. 100–461, 102 Stat. 2268–23, was repealed by Pub. L. 102–583, § 6(e)(1), Nov. 2, 1992, 106 Stat. 4933. 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. § 2291f. Prohibition on assistance to drug traf- fickers (a) Prohibition The President shall take all reasonable steps to ensure that assistance under this chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.] is not provided to or through any indi- vidual or entity that the President knows or has reason to believe— (1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating to narcotic or psychotropic drugs or other con- trolled substances; or (2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such substance. (b) Regulations The President shall issue regulations speci- fying the steps to be taken in carrying out this section. (c) Congressional review of regulations Regulations issued pursuant to subsection (b) shall be submitted to the Congress before they take effect. (Pub. L. 87–195, pt. I, § 487, as added Pub. L. 100–690, title IV, § 4503, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L. 102–583, § 6(b)(6), Nov. 2, 1992, 106 Stat. 4932; Pub. L. 103–447, title I, § 101(e), Nov. 2, 1994, 108 Stat. 4692.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, Page 737 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2291h 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. The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–447 inserted ‘‘to’’ after ‘‘relating’’. 1992—Subsec. (a)(1). Pub. L. 102–583 struck out ‘‘(as defined in section 2291(i)(3) of this title)’’ after ‘‘con- trolled substances’’. 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. § 2291g. Limitations on acquisition of real prop- erty and construction of facilities (a) Acquisition of real property (1) Prohibition Funds made available to carry out this part may not be used to acquire (by purchase or other means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces. (2) Exception for certain leases Paragraph (1) shall not apply to the acquisi- tion of real property by lease of a duration not to exceed 2 years. (b) Construction of facilities (1) Limitation Funds made available to carry out this part may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congres- sional committees in accordance with proce- dures applicable to reprogramming notifica- tions under section 2394–1 of this title. (2) Exception Paragraph (1) shall not apply to the con- struction of facilities which would require the obligation of less than $750,000 under this part. (Pub. L. 87–195, pt. I, § 488, as added Pub. L. 100–690, title IV, § 4505, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L. 102–583, § 4(g), Nov. 2, 1992, 106 Stat. 4917; Pub. L. 107–228, div. A, title VI, § 671(3), Sept. 30, 2002, 116 Stat. 1407.) Editorial Notes AMENDMENTS 2002—Subsec.(a)(3). Pub. L. 107–228 struck out heading and text of par. (3). Text read as follows: ‘‘The Sec- retary of State shall provide to the Committee on For- eign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate within 30 days after the end of each quarter of the fiscal year a detailed report on all leases entered into pursuant to paragraph (2), including the cost and duration of such lease, a description of the property leased, and the pur- pose for which such lease was entered into.’’ 1992—Pub. L. 102–583 amended section generally. Prior to amendment, section read as follows: ‘‘Funds made available to carry out this part may not be used to ac- quire (by purchase, lease, or other means) any real property for use by foreign military, paramilitary, or law enforcement forces’’. 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. § 2291h. Reporting requirements (a) International narcotics control strategy re- port Not later than March 1 of each year, the Presi- dent shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report con- taining the following: (1) For each country that received assistance under this part for either of the 2 preceding fiscal years, a report on the extent to which the country has— (A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribu- tion, sale, transport, and financing, and money laundering, asset seizure, extra- dition, mutual legal assistance, law enforce- ment and transit cooperation, precursor chemical control, and demand reduction; (B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and (C) taken legal and law enforcement meas- ures to prevent and punish public corrup- tion, especially by senior government offi- cials, that facilitates the production, proc- essing, or shipment of narcotic and psycho- tropic drugs and other controlled sub- stances, or that discourages the investiga- tion or prosecution of such acts. (2)(A) A description of the policies adopted, agreements concluded, and programs imple- mented by the Department of State in pursuit of its delegated responsibilities for inter- national narcotics control, including appro- priate information on the status of negotia- tions between the United States and other countries on updated extradition treaties, mu- tual legal assistance treaties, precursor chem- ical controls, money laundering, and agree- ments pursuant to section 2015 of the Inter- national Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry). (B) Information on multilateral and bilat- eral strategies with respect to money laun- dering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United