22 U.S.C. § 2291c: Requirements relating to aircraft and other equipment

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 October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986). 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. 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 [ 1 See References in Text note below. 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)]. 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. 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. 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. 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. 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.”