(B) the Congress enacts a joint resolution approving the determination contained in the certification under subsection (b)(1)(B).

Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification.

(g) 584 SENATE PROCEDURES.-Any joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(h) 585 DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.-Not later than November 1585 of each year, the President shall notify the appropriate committees of the Congress of which countries have been determined to be major drug-transit countries, and which countries have been determined to be major illicit drug producing countries, for purposes of this Act.

Chapter 9-International Disaster Assistance 587

Sec. 491.588 Policy and General Authority.-(a) The Congress, recognizing that prompt United States assistance to alleviate human suffering caused by natural and manmade disasters is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such disasters.

584 Subsec. (g) formerly read "CONGRESSIONAL REVIEW PROCEDURES.-(1) SENATE.-". Sec. 101(g)(1)(F) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4693) struck this out, inserted "SENATE PROCEDURES.-", and struck out para. (2), which had read as follows:

“(2) HOUSE OF REPRESENTATIVES.-For the purpose of expediting the consideration and enactment of joint resolutions under this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.".

585 Sec. 101(g)(1)(G) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out "FOR FISCAL YEARS 1993 AND 1994" in the subsec. catchline, and struck out "January 1" in lieu of "November 1" in the text.

586 Formerly at 22 U.S.C. 2291k. Sec. 1112 of Public Law 104-66 (109 Stat. 707) repealed secs. 489A-Reporting Requirements Applicable After September 30, 1995-and 490A-Annual Certification Procedures After September 30, 1995. That section also amended the section catchlines of secs. 489 and 490, striking out "FOR FISCAL YEAR 1995” in each case. Originally added by sec. 5(a) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917). Sec. 101(g)(2)(A) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out "1994" from the section catchline, and inserted in lieu thereof "1995".

587 Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted "International Disaster Assistance" in lieu of "Refugee Relief Assistance”.

See also Executive Order 13151 (April 27, 2000; 65 F.R. 25617), establishing an Interagency Coordinating Committee to provide leadership and oversight through a Global Disaster Information Network "to use information technology more effectively to reduce loss of life and property from natural and man-made disasters".

588 22 U.S.C. 2292. Added by sec. 101(3) of Public Law 94-161 (80 Stat. 849). An earlier sec. 491, which was added by sec. 109 of the FA Act of 1971, and repealed by sec. 101(2) of Public Law 94-161 (89 Stat. 849), read as follows:

"Sec. 491. Refugee Relief Assistance.-There is authorized to be appropriated to the President for the fiscal year 1972, in addition to funds otherwise available for such purposes, not to exceed $250,000,000, to remain available until expended, for use by the President in providing assistance for the relief and rehabilitation of refugees from East Pakistan and for humanitarian relief in East Pakistan. Such assistance shall be distributed, to the maximum extent practicable, under the auspices of and by international institutions and relief agencies or United States voluntary agencies.".

(b) Subject to the limitations 589 in section 492, and notwithstanding any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country, international organization, or private voluntary organization,590 on such terms and conditions as he may determine, for international disaster relief and rehabilitation, including assistance relating to disaster preparedness, and to the prediction of, and contingency planning for, natural disasters abroad.

(c) In carrying out the provisions of this section the President shall insure that the assistance provided by the United States shall, to the greatest extent possible, reach those most in need of relief and rehabilitation as a result of natural and manmade disasters.

Sec. 492.591 Authorization.-(a) 592 There are authorized to be appropriated to the President to carry out section 491, $25,000,000 for the fiscal year 1986 and $25,000,000 for the fiscal year 1987.593

589 Sec. 404(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150) struck out "on appropriations" at this point.

590 Sec. 118(a) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) struck out "or international organization" and inserted in lieu thereof "international organization, or private voluntary organization,".

591 22 U.S.C. 2292a. Added by sec. 101(3) of Public Law 94-161 (89 Stat. 849).

592 Sec. 404(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150)inserted subsec. designation "(a)" and subsec. (b).

593 The authorization figures for fiscal years 1986 and 1987 were inserted by sec. 404 of the International Security and Development Cooperation Act of 1985. (Public Law 99-83; 99 Stat. 219). Authorizations under Sec. 492 in recent years included the following: fiscal year 1979$25,000,000; fiscal year 1980-$21,800,000; fiscal year 1981-$25,000,000; fiscal year 1982$27,000,000; fiscal year 1983-$27,000,000; fiscal year 1984-$25,000,000; fiscal year 1985-no authorization; fiscal years 1988 through 20055-no authorization.

Congress did not enact an authorization for fiscal year 2005. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108 447), waived the requirements for authorization, and title II of that Act (118 Stat. 2809) provided the following:

"INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

"For necessary expenses of the United States Agency for International Development to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $335,500,000, to remain available until expended.

"In addition, for necessary expenses for assistance for famine prevention and relief, including for mitigation of the effects of famine, $34,500,000, to remain available until expended: Protided, That such funds shall be made available utilizing the general authorities of section 491 of the Foreign Assistance Act of 1961, and shall be in addition to amounts otherwise available for such purposes: Provided further, That funds appropriated by this paragraph shall be available for obligation subject to prior consultation with the Committees on Appropriations.

"TRANSITION INITIATIVES

"For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $49,000,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the United States Agency for International Development shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the President determines that is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropria

tions

Title II, chapter 2 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1225), provided the following:

Continued

Amounts appropriated under this section are authorized to remain available until expended.594

(b) 592 In addition to amounts otherwise available to carry out this chapter, up to $50,000,000 in any fiscal year may be obligated against appropriations under this part (other than this chapter) for use in providing assistance in accordance with the authorities and general policies of section 491. Amounts subsequently appropriated under this chapter with respect to a disaster may be used to reimburse any appropriation account against which obligations were incurred under this subsection with respect to that disaster.

Sec. 493.595 Disaster Assistance-Coordination.-The President is authorized to appoint a Special Coordinator for International Disaster Assistance whose responsibility shall be to promote maximum effectiveness and coordination in responses to foreign disasters by United States agencies and between the United States and other donors. Included among the Special Coordinator's responsibilities shall be the formulation and updating of contingency plans for providing disaster relief.

"OTHER BILATERAL ECONOMIC ASSISTANCE

"FUNDS APPROPRIATED TO THE PRESIDENT

“IRAQ RELIEF AND RECONSTRUCTION FUND

“(INCLUDING TRANSFER OF FUNDS)

*

"For necessary expenses to carry out the purposes of the Foreign Assistance Act of 1961, for security, relief, rehabilitation and reconstruction in Iraq, $18,649,000,000, to remain available until September 30, 2006, to be allocated as follows: * * Provided further, That of the funds appropriated under this heading, $100,000,000 shall be transferred to and consolidated with funds appropriated by this Act for Economic Support Fund' for assistance for Jordan, $100,000,000 of such funds shall be transferred to and consolidated with funds appropriated by this Act for International Disaster and Famine Assistance' for assistance for Liberia, and $10,000,000 of such funds shall be transferred to and consolidated with funds appropriated by this Act for 'International Disaster and Famine Assistance' for assistance for Sudan.". Title I, chapter 3 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 573, 578), provided the following:

"INTERNATIONAL DISASTER ASSISTANCE

"For an additional amount for International Disaster Assistance', $143,800,000, to remain available until expended: Provided, That amounts made available pursuant to section 492(b) of the Foreign Assistance Act of 1961 for the purpose of addressing relief and rehabilitation needs in Iraq, prior to enactment of this Act, shall be in addition to the amount that may be obligated in any fiscal year under that section: Provided further, That during the remainder of fiscal year 2003 the authority referenced in the preceding proviso may not be utilized unless written notice has been provided to the Committees on Appropriations not less than 5 days prior to the exercise of such authority.

"GENERAL PROVISIONS, THIS CHAPTER

"SEC. 1501. Any appropriation made available in this chapter under the headings 'International Disaster Assistance', 'United States Emergency Refugee and Migration Assistance Fund', 'Nonproliferation, Anti-Terrorism, Demining and Related Programs', 'Peacekeeping Operations', or 'Iraq Relief and Reconstruction Fund' may be transferred between such appropriations for use for any of the purposes for which the funds in such receiving account may be used: Provided, That the total amount transferred from funds appropriated under these headings shall not exceed $100,000,000: Provided further, That the Secretary of State shall consult with the Committees on Appropriations prior to exercising the authority contained in this section: Provided further, That funds made available pursuant to the authority of this section shall be subject to the regular notification procedures of the Committees on Appropriations, except that notification shall be transmitted at least 5 days in advance of the obligations of funds.".

594 A sentence that called for a quarterly report on the programming and obligation of funds under sec. 492 and had previously appeared at this point, was struck by sec. 118(b)(2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953). 595 22 U.S.C. 2292b. Added by sec. 101(3) of Public Law 94-161 (89 Stat. 849).

Sec. 494.596 Disaster Relief Assistance.-There is authorized to be appropriated, in addition to other sums available for such purposes, $65,000,000 for use by the President for disaster relief and emergency recovery needs in Pakistan, and Nicaragua, under such terms and conditions as he may determine, such sums to remain available until expended.

Sec. 494A.597 Famine and Disaster Relief to DroughtStricken African Nations. * * * [Repealed-1978]

Sec. 494B.598 African Development Program. * * * [Redesignated-1977]

Sec. 495.599 Cyprus Relief and Rehabilitation.-The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of refugees and other needy people in Cyprus. There is authorized to be appropriated for the purposes of this section, in addition to amounts otherwise available for such purposes, $40,000,000.600 Such amount is authorized to remain available until expended. Assistance under this section shall be provided in accordance with the policy and general authority contained in section 491.

Sec. 495A.601 Guatemala Relief and Rehabilitation. * * [Repealed-1978]

Sec. 495B.602 Italy Relief and Rehabilitation.-(a) In addition to amounts otherwise available for such purpose, there is authorized to be appropriated $25,000,000 for the fiscal year 1976 to furnish assistance under this chapter for the relief and rehabilitation of the people who have been victimized by the recent earthquake in Italy. Amounts appropriated under this section are authorized to remain available until expended.

(b) 603 There are authorized to be appropriated to the President $30,000,000 for the fiscal year 1978 for relief, rehabilitation, and reconstruction assistance, in accordance with the provisions of section 491 and on such terms and conditions as he may determine, for the people who have been victimized by the recent earthquakes

596 22 U.S.C. 2292c. Former sec. 452, which was added by sec. 2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-333), was redesignated as sec. 494 by sec. 101(4) of Public Law 94-161 (89 Stat. 849).

597 Sec. 494A, originally added as sec. 639A by the FA Act of 1973 and subsequently redesignated as sec. 494A by Public Law 94-161 (89 Stat. 849), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

598 Sec. 494B, originally added as sec. 639B of this Act by the FA Act of 1973 and later redesignated as sec. 494B in 1975, was subsequently redesignated as sec. 120 (Sahel Development Program-Planning) by sec. 115 of Public Law 95-88 (91 Stat. 539).

19922 U.S.C. 2292f. Added by sec. 101(8) of Public Law 94-161 (89 Stat. 849).

600 Sec. 402 of the International Security Assistance and Arms Export Control Act of 1976 Public Law 94-329; 90 Stat. 757) struck out "$30,000,000" and inserted in lieu thereof "$40,000,000”.

The FA Appropriations Act, 1976, provided the following: "Cyprus relief and rehabilitation: For necessary expenses to carry out the provisions of section 495, $25,000,000.”.

For "Cyprus relief and rehabilitation" for the period July 1, 1976, through September 30, 1976, $5,000,000.

60 Sec. 495A, as added by Public Law 94-276 (90 Stat. 397), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

22 U.S.C. 2292h. Added by sec. 415 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761).

3 Sec. 120 of the International Development and Food Assistance Act of 1977 (Public Law 95-88, 91 Stat. 541) redesignated subsec. (b) as subsec. (c) and added this new subsec. (b). The FA Appropriations Act, 1978, provided the following:

"Italy relief and rehabilitation assistance: For necessary expenses to carry out the provisions of section 495B, $25,000,000.".

in Italy. Amounts appropriated under this subsection are authorized to remain available until expended.

(c) Obligations incurred prior to the date of enactment of this section against other appropriations or accounts for the purpose of providing relief and rehabilitation assistance to the people of Italy may be charged to the appropriations authorized under this section.

(d) 604 (1) The Congress recognizes that prompt United States assistance is necessary to alleviate the human suffering arising from the earthquakes in southern Italy in late 1980. Accordingly, there are authorized to be appropriated to the President, in addition to amounts otherwise available for such purpose, $50,000,000 for the fiscal year 1981 for relief, rehabilitation, and reconstruction assistance for the victims of those earthquakes. Such assistance shall be provided in accordance with the policies and general authorities of section 491 and on such terms and conditions as the President may determine.

(2) Amounts appropriated under this subsection are authorized to remain available until expended.

(3) Obligations incurred against other appropriations or accounts for the purpose of providing relief, rehabilitation, and reconstruction assistance for the victims of the late 1980 earthquakes in southern Italy may be charged to appropriations, enacted after those obligations were incurred, for assistance for that purpose under this chapter.

Sec. 495C.605 Lebanon Relief and Rehabilitation.-(a) The Congress, recognizing that prompt United States assistance is necessary to alleviate the human suffering arising from the civil strife in Lebanon and to restore the confidence of the people of Lebanon, authorizes the President to furnish assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of refugees and other needy people in Lebanon.

(b) There is authorized to be appropriated to the President for the purposes of this section, in addition to amounts otherwise available for such purposes, $20,000,000, which amount is authorized to remain available until expended.606

(c) Assistance under this section shall be provided in accordance with the policies and general authority contained in section 491.

604 Public Law 96-525 (94 Stat. 3043) added subsec. (d).

The full $50,000,000 authorized in this subsection for Italian earthquake disaster assistance was appropriated by Public Law 96-536, the continuing resolution providing foreign aid funds for fiscal year 1981. This $50,000,000 was designated as an earmarking out of the total of $73,000,000 appropriated in fiscal year 1981 for international disaster assistance. The FA Appropriations, 1982, also provided that of the $27,000,000 made available under sec. 491, "not less than $10,000,000 shall be used for earthquake relief and reconstruction in southern Italy.". The FA Appropriations Act, 1984 (sec. 101(b)(1) of the Further Continuing Appropriations Act, 1984) further provided that out of the $25,000,000 made available under sec. 491, "$10,000,000 shall be used only for earthquake relief and reconstruction in southern Italy, which amount may be derived either from amounts appropriated to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 or from up to $10,000,000 of amounts heretofore appropriated pursuant to chapter 4 of part II of such Act for Syria which are, if deobligated, hereby continued available for the purposes of section 491 or for other programs for Italy consistent with sections 103 through 106 of such Act.".

605 22 U.S.C. 22921. Added by sec. 416 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 762).

606 The FA Appropriations Act, 1977, provided the following: "For necessary expenses to carry out the provisions of section 495C, $20,000,000.".