1
See References in Text note below.
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]. 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), 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 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, § 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], 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.]
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.