(b) 363 Funds authorized to be appropriated by this section shall not be made available for the procurement of weapons or ammunition under this chapter.

(c) 365 Notwithstanding section 1415 of the Supplemental Appropriation Act, 1953, section 508 of the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and section 105 of the Agricultural Trade Development and Assistance Act of 1954, up to the equivalent of $10,000,000 in currencies or credits of the Government of Pakistan held by the United States shall, to such extent as may be provided in an appropriation Act, be available to the President for the fiscal year 1981 (and shall remain available until expended) to carry out the purposes of section 481 through assistance to the Government of Pakistan. Notwithstanding any other provision of law, the availability or expenditure of such foreign currencies shall not affect or reduce appropriations otherwise available to carry out the administration of the international narcotics control program.

(d) 366 Assistance may be provided under this chapter to a foreign country only if the country provides assurances to the President, and the President is satisfied, that the country will provide at least 25 percent of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. The costs borne by the country may include "in-kind" contributions.

Sec. 483.367 Prohibition on Use of Foreign Assistance for Reimbursements for Drug Crop Eradications.-Funds made available to carry out this Act may not be used to reimburse persons whose illicit drug crops are eradicated.

Sec. 484. 368 Retention of Title to Aircraft.-Any aircraft which, at any time after the enactment of this section, are made available to a foreign country under this chapter, 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.

Sec. 485.368 Records of Aircraft Use.-(a) REQUIREMENT TO MAINTAIN RECORDS.-The Secretary of State shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section.

"(f) In order to maximize the participation of other countries in the effort to promote international narcotics control, the Secretary of State is directed to urge the United Nations Fund for Drug Abuse Control to develop a more comprehensive program for enlisting greater multilateral support for coca control programs and related development activities in South America."

Authorizations under sec. 482 during recent years included the following: fiscal year 1975$42,500,000; fiscal year 1976-$40,000,000; fiscal year 1977-$34,000,000; fiscal year 1978$39,000,000; fiscal year 1979-$40,000,000; fiscal year 1980-$51,758,000; fiscal year 1981$38,573,000; fiscal year 1982-$37,700,000; fiscal year 1983-$37,700,000; fiscal year 1984$47,000,000; fiscal year 1985-no authorization. Sec. 602 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 Stat. 228), added the authorizations for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The authorization amount for 1987 was subsequently amended by sec. 401 of Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat. 3207-60).

365 Subsec. (c) was added by sec. 402(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3149).

366 Subsec. (d) was added by sec. 608 of Public Law 99-83, 99 Stat. 229.

367 Sec. 483 was added by sec. 609 of Public Law 99-83, 99 Stat. 230.

368 Secs. 484 and 485 were added by sec. 2003 of Public Law 99-570, 100 Stat. 3207-61.

(b) CONGRESSIONAL ACCESS TO RECORDS.-The Secretary of State shall make the records maintained pursuant to subsection (a) available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate. Sec. 486.369 Reallocation of Funds Withheld from Countries Which Fail to Take Adequate Steps to Halt Illicit Drug Production or Trafficking.

(a) ADDITIONAL ASSISTANCE FOR COUNTRIES TAKING SIGNIFICANT STEPS.-If any funds authorized to be appropriated for any fiscal year for security assistance are not used for assistance for the country for which those funds were allocated because of the requirements of section 481(h) or any other provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production or trafficking, the President shall use those funds for additional assistance for those countries which have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking, as follows:

(1) INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.-Those funds may be transferred to and consolidated with the funds appropriated to carry out this chapter in order to provide additional narcotics control assistance for those countries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Congress. Transfers may be made under this paragraph without regard to the 20-percent increase limitation contained in section 610(a). This paragraph does not apply with respect to funds made available for assistance under the Arms Export Control Act.

(2) SECURITY ASSISTANCE.-Any such funds not used under paragraph (1) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures under section 634A) in order to provide additional security assistance for those countries.

(b) DEFINITION OF SECURITY ASSISTANCE.-As used in this section, the term "security assistance" means assistance under chapter 2 of part II of this Act (relating to the grant military assistance program), chapter 4 of part II of this Act (relating to the Economic Support Fund), chapter 5 of part II of this Act (relating to international military education and training), or the Arms Export Control Act (relating to foreign military sales financing).

369 22 U.S.C. 2291e. Sec. 486 was added by sec. 4206(a) of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4270). Sec. 4206(b) of the same act stipulated the following: "(1) The amendment made by subsection (a) of this section supersedes section 578(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461).

"(2) Funds may be transferred pursuant to paragraph (1) of section 486(a) of the Foreign Assistance Act of 1961 (as enacted by this section) notwithstanding section 514 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (as amended by section 589 of that Act), relating to transfers between accounts."

Sec. 487. 370 Prohibition on Assistance to Drug Traffickers. (a) PROHIBITION.-The President shall take all reasonable steps to ensure that assistance under this Act and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe

(1) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating narcotic or psychotropic drugs or other controlled substances (as defined in section 481(i)(3) of this Act); or

(2) is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such substance.

(b) REGULATIONS.-The President shall issue regulations specifying the steps to be taken in carrying out this section.

(c) CONGRESSIONAL REVIEW OF REGULATIONS.-Regulations issued pursuant to subsection (b) shall be submitted to the Congress before they take effect.

Sec. 488. 371 Prohibition on Use of Narcotics Control Assistance to Acquire Real Property.

Funds made available to carry out this chapter may not be used to acquire (by purchase, lease, or other means) any real property for use by foreign military, paramilitary, or law enforcement forces.

Sec. 489. 372 Permissible Uses of Aircraft and Other Equipment. (a) IN GENERAL.-The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this chapter are used only in ways that are consistent with the purposes for which such equipment was made available.

(b) REPORTS.-In the reports submitted pursuant to subsection (e), the President shall discuss

(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this chapter, and

(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.

(c) REGULATIONS.-The President shall issue regulations specifying the steps to be taken in carrying out this section.

(d) CONGRESSIONAL REVIEW OF REGULATIONS.-Regulations issued pursuant to subsection (c) shall be submitted to the Congress before they take effect.

370 22 U.S.C. 2291f. Sec. 487 was added by sec. 4503 of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4285).

371 22 U.S.C. 2291g. Sec. 488 was added by sec. 4505 of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4285).

372 22 U.S.C. 2291h. Sec. 489 was added by sec. 4507 of the International Narcotics Control Act of 1988 (Public Law 100-690, 102 Stat. 4286).

Chapter 9-International Disaster Assistance 373

Sec. 491.374, 375 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.

(b) Subject to the limitations 376 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,377 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. 492.378 Authorization. (a) 379 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 1987.380

373 Sec. 101(1) of Public Law 94-161 (89 Stat. 849) substituted chapter heading "International Disaster Assistance" in lieu of "Refugee Relief Assistance".

374 Former sec. 491, which was added by sec. 109 of the FA Act of 1971, was repealed by sec. 101(2) of Public Law 94-161 (89 Stat. 849). It formerly 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."

375 22 U.S.C. 2292. Sec. 491 was added by sec. 101(3) of Public Law 94-161 (80 Stat. 849). 376 The words "on appropriations" which previously appeared at this point, were struck out by sec. 404(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3150).

317 The words, "international organization, or private voluntary organization," were substituted in lieu of "or international organization" by Sec. 118(a) of the International Development and Food Assistance Act of 1978 (Public Law 95-424, 92 Stat. 953).

318 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public Law 94-161 (89 Stat. 849). 379 The subsection designation "(a)" and a new subsec. (b) were added by sec. 404(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3150).

380 The authorization figures for fiscal years 1986 and 1987 were substituted 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 year 1988-no authorization.

Congress did not enact an authorization for fiscal year 1989. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461, 102 Stat. 2268) waived the requirement for authorizations and appropriated the following for "International Disaster Assistance":

"For necessary expenses to carry out the provisions of section 491, $25,000,000, to remain available until expended: Provided, That not less the [sic] $500,000 of the funds appropriated under this heading may be made available for assistance for children who have become orphans as a result of natural disasters."

Amounts appropriated under this section are authorized to remain available until expended. 381

(b) 379 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. 493,382 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.

Sec. 494.383 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.384 Famine and Disaster Relief to Drought-Stricken African Nations.- * [Repealed-1978]

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Sec. 494B.385 African Development Program.—* [Redesignated-1977]

Sec. 495.386 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, $40,000,000.387 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.

381 A sentence which 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).

382 22 U.S.C. 2292b, Sec. 493 was added by Sec. 101(3) of Public Law 94-161 (89 Stat. 849). 383 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).

384 Sec. 494A, which was 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). 385 Sec. 494B, as 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).

386 22 U.S.C. 2292f. Sec. 495 was added by sec. 101(8) of Public Law 94-161 (89 Stat. 849). 387 Sec. 402 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329, 90 Stat. 757) substituted "$40,000,000" in lieu of "$30,000,000”.

FA Appropriations Act, 1976: "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.