Page:United States Statutes at Large Volume 104 Part 4.djvu/1037

 PUBLIC LAW 101-623—NOV. 21, 1990 104 STAT. 3353 section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)); and (E) the value of excess defense articles made available under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k). if) LIMITATIONS ON AMOUNT OF EXCESS DEFENSE ARTICLES TRANS- FERRED TO BouviA, COLOMBIA, AND PERU.— (1) ESTABLISHMENT OF LIMIT. —The aggregate acquisition cost to the United States of excess defense articles ordered by the President in fiscal year 1991 for delivery to Bolivia, Colombia, and Peru under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k) may not exceed $60,000,000. (2) WAIVER OF EXISTING GRANT EDA LIMITATION.— The dollar limitation in section 517(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k(e)) shall not apply with respect to Bolivia, Colombia, and Peru in fiscal year 1991. (3) WORLDWIDE LIMITATION ON AMOUNT OF EXCESS DEFENSE ARTICLES TRANSFERRED. —Section 31(d) of the Arms Export C!ontrol Act (22 U.S.C. 2771(d)) shall not apply to excess defense articles ordered for transfer to Bolivia, (Dolombia, or Peru under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k) in fiscal year 1991. (g) ASSISTANCE FOR LEASING OF AIRCRAFT. — (1) USE OF FUNDS.— For purposes of satisfying the requirement of section 484 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291c), funds made available under subsection (a) may be used to finance the leasing of aircraft under chapter 6 of the Arms Export Control Act. (2) COST OF LEASES. —Section 61(a)(3) of the Arms Export Control 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)(l)(B) or section 22 of that Act (as appropriate). (3) REIMBURSEMENT OF SDAF. —To the extent that aircraft so leased were acquired under chapter 5 of the Arms Export Control Act, funds used pursuant to this subsection 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 parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 430t>) of that Act. SEC. 4. GENERAL PROVISIONS RELATING TO ASSISTANCE FOR ANDEAN COUNTRIES. (a) PRESIDENTIAL DETERMINATION REQUIRED. —Assistance may be provided for an Andean country pursuant to the authorizations of appropriations provided in section 2(a) and section 3(a), and excess defense articles may be transferred to Bolivia, Colombia, or Peru in fiscal year 1991 pursuant to section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k), only if the President determines that— (1) that country is implementing programs to reduce the flow of cocaine to the United States in accordance with a bilateral or multilateral agreement, to which the United States is a party.

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