
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2291c]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
               Part VIII--International Narcotics Control
 
Sec. 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 purposes 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 extent that--
            (i) the application of that paragraph with respect to 
        particular aircraft would be contrary to the national interest 
        of the United States; and
            (ii) the President notifies the appropriate congressional 
        committees in accordance with the procedures applicable to 
        reprogramming 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 requirement 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).
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    \1\ See References in Text note below.
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        (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 credited to the 
    Special Defense Acquisition Fund under chapter 5 of that Act 
    (excluding the amount of funds that reflects the charges described 
    in section 21(e)(1) of that Act [22 U.S.C. 2761(e)(1)]). The funds 
    described in the parenthetical 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 equipment

    The President shall take all reasonable steps to ensure that 
aircraft and other equipment made available to foreign countries under 
this part are used only in ways that are consistent with the purposes 
for which such equipment was made available.

(c) Reports

    In the reports submitted pursuant to section 2291h(a) of this title, 
the President shall discuss--
        (1) any evidence indicating misuse by a foreign country of 
    aircraft or other equipment made available under this part, and
        (2) the actions taken by the United States Government to prevent 
    future misuse of such equipment by that foreign country.

(Pub. L. 87-195, pt. I, Sec. 484, as added Pub. L. 99-570, title II, 
Sec. 2003, Oct. 27, 1986, 100 Stat. 3207-61; amended Pub. L. 101-623, 
Sec. 7, Nov. 21, 1990, 104 Stat. 3355; Pub. L. 102-583, Sec. 4(f)(1), 
(2)(D), Nov. 2, 1992, 106 Stat. 4916, 4917.)

                       References in Text

    The Arms Export Control Act, referred to in subsec. (a)(3), is Pub. 
L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapters 5 and 6 of 
the Act are classified generally to subchapters V (Sec. 2795 et seq.) 
and VI (Sec. 2796 et seq.), respectively, of chapter 39 of this title. 
Section 61(a)(3) of the Act was redesignated section 61(a)(4), and a new 
section 61(a)(3) was added, by Pub. L. 103-236, title VII, 
Sec. 731(e)(2), (3), Apr. 30, 1994, 108 Stat. 503. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2751 of this title and Tables.

                          Codification

    The text of subsecs. (a) and (b) of section 2291h of this title, 
which were redesignated as subsecs. (b) and (c) of this section by Pub. 
L. 102-583, Sec. 4(f)(2)(D), was based on section 489(a) and (b) of Pub. 
L. 87-195, pt. I, as added Pub. L. 100-690, title IV, Sec. 4507, Nov. 
18, 1988, 102 Stat. 4286; amended Pub. L. 102-583, Sec. 4(f)(2)(B), (C), 
Nov. 2, 1992, 106 Stat. 4917.


                               Amendments

    1992--Pub. L. 102-583, Sec. 4(f)(1), amended section generally, 
substituting subsec. (a) for former text which read as follows: ``Any 
aircraft which, at any time after October 27, 1986, are made available 
to a foreign country under this part, or are made available to a foreign 
country primarily for narcotics-related purposes under any other 
provision of law, shall be provided only on a lease or loan basis. The 
requirement of this section does not apply with respect to aircraft made 
available to a foreign country under section 635(b)(6)(B) of title 12 or 
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.''
    Subsecs. (b), (c). Pub. L. 102-583, Sec. 4(f)(2)(D), redesignated 
subsecs. (a) and (b) of section 2291h of this title as subsecs. (b) and 
(c), respectively, of this section. See Codification note above.
    1990--Pub. L. 101-623 inserted at end ``The requirement of this 
section does not apply with respect to aircraft made available to a 
foreign country under section 635(b)(6)(B) of title 12 or 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.''

                         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.


                     Training of Host Country Pilots

    Pub. L. 101-623, Sec. 13, Nov. 21, 1990, 104 Stat. 3356, provided 
that:
    ``(a) Instruction Program.--Not less than 90 days after the date of 
enactment of this Act [Nov. 21, 1990], the President shall implement, 
under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2291 and following; relating to international narcotics control 
assistance), a detailed program of instruction to train host country 
pilots, and other flight crew members, to fly host country aircraft 
involved in counternarcotics efforts in Andean countries. Such program 
shall be designed to eliminate direct participation of the United States 
Government (including participation through the use of either direct 
hire or contract personnel) in the operation of such aircraft.
    ``(b) Requirement for Replacement of United States Government Pilots 
by Host Country Pilots.--The President shall ensure that, within 18 
months after the date of enactment of this Act [Nov. 21, 1990], flight 
crews composed of host country personnel replace all United States 
Government pilots and other flight crew members (including both direct 
hire or contract personnel) for host country aircraft involved in 
airborne counternarcotics operations in the Andean countries.
    ``(c) Aircraft Subject to Requirements.--As used in this section, 
the term `host country aircraft' means any aircraft made available to an 
Andean country by the United States Government under chapter 8 of part I 
of the Foreign Assistance Act of 1961 [22 U.S.C. 2291 et seq.], or any 
other provision of law, for use by that country for narcotics-related 
purposes.''
    [Functions of President under section 13 of Pub. L. 101-623, set out 
above, delegated to Secretary of State in consultation with Secretary of 
Defense by Determination of President of the United States, No. 91-20, 
Jan. 25, 1991, 56 F.R. 8681, set out as a note under section 2291 of 
this title.]
