22 U.S.C. § 2291c — Requirements relating to aircraft and

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 Page 735 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2291d 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 dis- cuss— (1) any evidence indicating misuse by a for- eign 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, § 484, as added Pub. L. 99–570, title II, § 2003, Oct. 27, 1986, 100 Stat. 3207–61; amended Pub. L. 101–623, § 7, Nov. 21, 1990, 104 Stat. 3355; Pub. L. 102–583, § 4(f)(1), (2)(D), Nov. 2, 1992, 106 Stat. 4916, 4917.) Editorial Notes 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. Chap- ters 5 and 6 of the Act are classified generally to sub- chapters V (§ 2795 et seq.) and VI (§ 2796 et seq.), respec- tively, 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, § 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, § 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, § 4507, Nov. 18, 1988, 102 Stat. 4286; amended Pub. L. 102–583, § 4(f)(2)(B), (C), Nov. 2, 1992, 106 Stat. 4917. AMENDMENTS 1992—Pub. L. 102–583, § 4(f)(1), amended section gen- erally, 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 coun- try 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 coun- tries.’’ Subsecs. (b), (c). Pub. L. 102–583, § 4(f)(2)(D), redesig- nated 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 require- ment of this section does not apply with respect to air- craft 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.’’ Statutory Notes and Related Subsidiaries TRAINING OF HOST COUNTRY PILOTS Pub. L. 101–623, § 13, Nov. 21, 1990, 104 Stat. 3356, pro- vided 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 con- trol assistance), a detailed program of instruction to train host country pilots, and other flight crew mem- bers, to fly host country aircraft involved in counter- narcotics 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 per- sonnel) in the operation of such aircraft. ‘‘(b) REQUIREMENT FOR REPLACEMENT OF UNITED STATES GOVERNMENT PILOTS BY HOST COUNTRY PI- LOTS.—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 per- sonnel replace all United States Government pilots and other flight crew members (including both direct hire or contract personnel) for host country aircraft in- volved 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 Deter- mination of President of the United States, No. 91–20, Jan. 25, 1991, 56 F.R. 8681, set out as a note under sec- tion 2291 of this title.] 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. § 2291d. Records of aircraft use (a) Requirement to maintain records The President shall maintain detailed records on the use of any aircraft made available to a foreign country under this part, including air- craft made available before October 27, 1986. (b) Congressional access to records The President shall make the records main- tained pursuant to subsection (a) available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs of the House of Representatives or the Chairman of the Com- mittee on Foreign Relations of the Senate. (Pub. L. 87–195, pt. I, § 485, as added Pub. L. 99–570, title II, § 2003, Oct. 27, 1986, 100 Stat. 3207–61; amended Pub. L. 102–583, § 4(f)(3), Nov. 2, 1992, 106 Stat. 4917.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–583 substituted ‘‘President’’ for ‘‘Secretary of State’’ in subsecs. (a) and (b). 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.