22 U.S.C. § 2291b — Prohibition on use of foreign assistance

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