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Title 22 — Foreign Relations and Intercourse

Part VIII · Chapter 32 — Foreign Assistance

§ 2291e. Reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking

Statutory text

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 trafficking, as follows:

(1)

International narcotics control assistance

Those funds may be transferred to and consolidated with the funds appropriated to carry out this part in order to provide additional narcotics control assistance for those countries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Congress. Transfers may be made under this paragraph without regard to the 20-percent increase limitation contained in section 2360(a) of this title. This paragraph does not apply with respect to funds made available for assistance 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 section 2394–1 of this title) in order to provide additional assistance for those countries.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–195 · 75 Stat. 424

    Enacted · 22 U.S.C. § 2291e

    Pub. L. 87–195, pt. I, § 486, as added Pub. L. 100–690, title IV, § 4206(a), Nov. 18, 1988, 102 Stat. 4270

    Source evidence

    Code source credit
    Pub. L. 87–195, pt. I, § 486, as added Pub. L. 100–690, title IV, § 4206(a), Nov. 18, 1988, 102 Stat. 4270

  2. International Narcotics Control Act of 1992

    Pub. L. 102–583 § 6(b)(5)(A) · 106 Stat. 4914

    Substituted · 22 U.S.C. § 2291e(a)

    Pub. L. 102–583, § 6(b)(5)(A), substituted “section 2291j of this title” for “section 2291(h) of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–583, § 6(b)(5)(A), substituted “section 2291j of this title” for “section 2291(h) of this title”.

    Enacted provision · exact public law section
    (A) in subsection (a), in the text preceding paragraph (1), by striking out “481(h)” and inserting in lieu thereof “490”; and

  3. International Narcotics Control Act of 1992

    Pub. L. 102–583 § 6(b)(5)(B) · 106 Stat. 4914

    Substituted · 22 U.S.C. § 2291e(b)

    Pub. L. 102–583, § 6(b)(5)(B), substituted “(relating to the ‘Foreign Military Financing Program’)” for “(relating to foreign military sales financing)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–583, § 6(b)(5)(B), substituted “(relating to the ‘Foreign Military Financing Program’)” for “(relating to foreign military sales financing)”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking out “(relating to foreign military sales financing)” and inserting in lieu thereof “(relating to the ‘Foreign Military Financing Program’)”.

  4. International Narcotics Control Corrections Act of 1994

    Pub. L. 103–447 title I § 101(d) · 108 Stat. 4691

    1. Struck · 22 U.S.C. § 2291e

      Pub. L. 103–447 struck out subsec. (a) designation and heading which read “Additional assistance for countries taking significant steps”

    2. Substituted · 22 U.S.C. § 2291e

      Pub. L. 103–447 substituted “assistance under this chapter” for “security assistance” in par. (2) text

    3. Substituted · 22 U.S.C. § 2291e

      Pub. L. 103–447 substituted “Other assistance” for “Security assistance” in par. (2) text

    4. Substituted · 22 U.S.C. § 2291e

      Pub. L. 103–447 substituted “additional assistance” for “additional security assistance” in par. (2) text

    5. Struck · 22 U.S.C. § 2291e

      Pub. L. 103–447 struck out heading and text of subsec. (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 subchapter II of this chapter (relating to the Economic Support Fund), part V of subchapter II of this chapter (relating to international military education and training), or the Arms Export Control Act (relating to the ‘Foreign Military Financing Program’).”

    Source evidence

    Code amendment note
    Pub. L. 103–447 struck out subsec. (a) designation and heading which read “Additional assistance for countries taking significant steps”, substituted “assistance under this chapter” for “security assistance” in provisions before par. (1), “Other assistance” for “Security assistance” in par. (2) heading, and “additional assistance” for “additional security assistance” in par. (2) text, and struck out heading and text of subsec. (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 subchapter II of this chapter (relating to the Economic Support Fund), part V of subchapter II of this chapter (relating to international military education and training), or the Arms Export Control Act (relating to the ‘Foreign Military Financing Program’).”

    Enacted provision · exact public law section
    (d) Reallocation of Funds Withheld From Countries Which Fail To Take Adequate Steps To Halt Illicit Drug Production or Trafficking.— Section 486 of that Act (22 U.S.C. 229 1e) is amended— (1) by striking “(a) Additional Assistance for Countries Taking Significant Steps.—”; (2) by striking “security assistance” in the matter preceding paragraph (1) of subsection (a) and inserting “assistance under this Act”; (3) in paragraph (2) of subsection (a)— (A) in the heading, by striking “Security” and inserting “Other”; and (B) by striking “security”; and (4) by striking subsection (b).

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Arms Export Control Act, referred to in par. (1), is Pub. L. 90–629, , 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.

Amendments1992–1994 · 2 rounds

1994

Pub. L. 103–447 struck out subsec. (a) designation and heading which read “Additional assistance for countries taking significant steps”, substituted “assistance under this chapter” for “security assistance” in provisions before par. (1), “Other assistance” for “Security assistance” in par. (2) heading, and “additional assistance” for “additional security assistance” in par. (2) text, and struck out heading and text of subsec. (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 subchapter II of this chapter (relating to the Economic Support Fund), part V of subchapter II of this chapter (relating to international military education and training), or the Arms Export Control Act (relating to the ‘Foreign Military Financing Program’).”

1992

Subsec. (a). Pub. L. 102–583, § 6(b)(5)(A), substituted “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 Program’)” for “(relating to foreign military sales financing)”.

Statutory Notes and Related Subsidiaries

Supersedure of Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989

Pub. L. 100–690, title IV, § 4206(b), , 102 Stat. 4270, which provided that the enactment of this section superseded section 578(d) of Pub. L. 100–461, , 102 Stat. 2268–46, and that funds could be transferred under subsec. (a)(1) of this section notwithstanding section 514 of Pub. L. 100–461, 102 Stat. 2268–23, was repealed by Pub. L. 102–583, § 6(e)(1), , 106 Stat. 4933.

Executive Documents

Delegation of Functions

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

Credits

1988–1994 · 3 acts
  1. 1988Pub. L. 87–195, pt. I, § 486, as added Pub. L. 100–690, title IV, § 4206(a), , 102 Stat. 4270
  2. 1992amended Pub. L. 102–583, § 6(b)(5), , 106 Stat. 4932
  3. 1994Pub. L. 103–447, title I, § 101(d), , 108 Stat. 4692.
Show as published

(Pub. L. 87–195, pt. I, § 486, as added Pub. L. 100–690, title IV, § 4206(a), , 102 Stat. 4270; amended Pub. L. 102–583, § 6(b)(5), , 106 Stat. 4932; Pub. L. 103–447, title I, § 101(d), , 108 Stat. 4692.)

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