Title 22 — Foreign Relations and Intercourse
Part VIII · Chapter 32 — Foreign Assistance
§ 2291c. Requirements relating to aircraft and other equipment
Statutory text
Retention of title to aircraft
In general
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.
Subparagraph (A) applies to aircraft made available at any time after (which was the date of enactment of the International Narcotics Control Act of 1986).
Exceptions
Paragraph (1) shall not apply to the extent that—
the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 2394–1 of this title.
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.
Assistance for leasing of aircraft
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.].
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).
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)].
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.
Reports
In the reports submitted pursuant to section 2291h(a) of this title, the President shall discuss—
any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this part, and
the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 87–195 · 75 Stat. 424
Enacted · 22 U.S.C. § 2291c
Pub. L. 87–195, pt. I, § 484, as added Pub. L. 99–570, title II, § 2003, Oct. 27, 1986, 100 Stat. 3207–61
Source evidence
Code source credit
Pub. L. 87–195, pt. I, § 484, as added Pub. L. 99–570, title II, § 2003, Oct. 27, 1986, 100 Stat. 3207–61International Narcotics Control Act of 1990
Pub. L. 101–623 § 7 · 104 Stat. 3350
Inserted · 22 U.S.C. § 2291c
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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
SEC. 7. EXCEPTIONS TO REQUIREMENT THAT AIRCRAFT PROVIDED TO FOREIGN COUNTRIES FOR NARCOTICS CONTROL PURPOSES BE LEASED RATHER THAN SOLD. Section 484 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291c) is amended by adding at the end the following: “The requirement of this section does not apply with respect to aircraft made available to a foreign country under section 2(b)(6)(B) of the Export-Import Bank Act of 1945 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.”.International Narcotics Control Act of 1992
Pub. L. 102–583 § 4(f)(1) · 106 Stat. 4914
Amended · 22 U.S.C. § 2291c
Pub. L. 102–583, § 4(f)(1), amended section generally
Substituted · 22 U.S.C. § 2291c
Pub. L. 102–583, § 4(f)(1), 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.”
Source evidence
Code amendment note
Pub. L. 102–583, § 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.”Enacted provision · exact public law section
(1) Retention Of Title.— Section 484 of that Act is amended to read as follows: “SEC. 484. 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 chapter, 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 634A “(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 may be used to finance the leasing of aircraft under chapter 6 of that Act. “(B) Section 61(a)(3) of that Act 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 (as appropriate). “(C) To the extent that aircraft so leased were acquired under chapter 5 of that Act, funds used pursuant to this para graph 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). 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.”International Narcotics Control Act of 1992
Pub. L. 102–583 § 4(f)(2)(D) · 106 Stat. 4914
Redesignated · 22 U.S.C. § 2291c(b); 22 U.S.C. § 2291c(c)
Pub. L. 102–583, § 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
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 102–583, § 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.Enacted provision · exact public law section
(D) by redesignating subsections (a) and (b) of section 489 as subsections (b) and (c) of section 484 and inserting 22 USC 2291h, 2291c. those subsections after subsection (a) of section 484 (as amended by paragraph (1) of this subsection); and
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Arms Export Control Act, referred to in subsec. (a)(3), is Pub. L. 90–629, , 82 Stat. 1320. Chapters 5 and 6 of the Act are classified generally to subchapters V (§ 2795 et seq.) and VI (§ 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, § 731(e)(2), (3), , 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, , 102 Stat. 4286; amended Pub. L. 102–583, § 4(f)(2)(B), (C), , 106 Stat. 4917.
Amendments1990–1992 · 2 rounds
1992
Pub. L. 102–583, § 4(f)(1), amended section generally, substituting subsec. (a) for former text which read as follows: “Any aircraft which, at any time after , 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, § 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.”
Statutory Notes and Related Subsidiaries
Training of Host Country Pilots
Pub. L. 101–623, § 13, , 104 Stat. 3356, provided that:
“(a) Instruction Program.—
Not less than 90 days after the date of enactment of this Act [], 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 [], 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, , 56 F.R. 8681, set out as a note under section 2291 of this title.]
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
1986–1992 · 3 acts
- 1986Pub. L. 87–195, pt. I, § 484, as added Pub. L. 99–570, title II, § 2003, , 100 Stat. 3207–61
- 1990amended Pub. L. 101–623, § 7, , 104 Stat. 3355
- 1992Pub. L. 102–583, § 4(f)(1), (2)(D), , 106 Stat. 4916, 4917.
Show as published
(Pub. L. 87–195, pt. I, § 484, as added Pub. L. 99–570, title II, § 2003, , 100 Stat. 3207–61; amended Pub. L. 101–623, § 7, , 104 Stat. 3355; Pub. L. 102–583, § 4(f)(1), (2)(D), , 106 Stat. 4916, 4917.)