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congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A.

(2) MULTILATERAL ASSISTANCE.— The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 521 of each year, against any loan or other utilization of the funds of their respective institution to or for any major illicit drug producing country or major drug-transit country (as determined under subsection (h)), except as provided in subsection (b). For purposes of this paragraph, the term “multilateral development bank” means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the

European Bank for Reconstruction and Development. (b) 522 CERTIFICATION PROCEDURES.

(1) WHAT MUST BE CERTIFIED.-Subject to subsection (d), the assistance withheld from a country pursuant to subsection (a)(1) may be obligated and expended, and the requirement of subsection (a)(2) to vote against multilateral development bank assistance to a country shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by section 489(a), that,

(A)522 during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or

(B) 522 for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (a)(1) be provided and that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2).

521 Sec. 101(gX1XC) of the International Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out “April 1" and inserted in lieu thereof “March 1”.

522 In Presidential Determination No. 2002–07 of February 23, 2002 (67 F.R. 9889), the President stated the following:

"This report is submitted under section 591 of the Kenneth H. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (P.L. 107–115) (the 'FY 2002 FOAA'). Pursuant to section 591 of the FY 2002 FOAA, I hereby identify the following countries as major drug-transit or major illicit drug producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam. I previously identified these same countries as major drug-transit or major illicit drug producing countries on November 1, 2001, pursuant to section 490(h) of the Foreign Assistance Act of 1961, as amended (the “FAA”).

"Pursuant to section 591 of the FY 2002 FOAA, I hereby designate Afghanistan, Burma and Haiti as countries that failed demonstrably, during the previous 12 months, to adhere to their obligations under international counternarcotics agreements and to take the counternarcotics measures set forth in section 489(aX1) of the FAA. I have attached a justification for each of the countries so designated, as required by section 591.

"Pursuant to section 591(3), I hereby also determine that provision of United States assistance to Afghanistan and Haiti in FY 2002 under the FY 2002 FOAA is vital to the national interests of the United States."

(2) CONSIDERATIONS REGARDING COOPERATION.-In making the determination described in paragraph (1)(A), the President shall consider the extent to which the country has

(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;

(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and

(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the inves

tigation or prosecution of such acts. (3) 522 INFORMATION TO BE INCLUDED IN NATIONAL INTEREST CERTIFICATION.—If the President makes a certification with respect to a country pursuant to paragraph (1)(B), the President shall include in such certification

(A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section and multilateral development bank assistance is not provided to such country; and

(B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its

own. (c) LICIT OPIUM PRODUCING COUNTRIES.—The President may make a certification under subsection (b)(1)(A) with respect to a major illicit drug producing country, or major drug-transit country, that is a producer of licit opium only if the President determines that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.523

(d) CONGRESSIONAL REVIEW.–Subsection (e) shall apply if, within 30 524 calendar days after receipt of a certification submitted

523 Sec. 101(g(100) of the International Narcotics Control Corrections Ac 103-447; 108 Stat. 4693) struck out “that such country has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit market, maintains production and stockpiles at levels no higher than those consistent with licit market demand, and prevents illicit cultivation and production.", and inserted in lieu thereof "that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.".

524 Sec. 101(g)(1)(E) of the International Narcotics Control Corrections Act of 1994 (Public Law 103–447; 108 Stat. 4693) struck out “45” and inserted in lieu thereof “30”.

under subsection (b) at the time of submission of the report required by section 489(a), the Congress enacts a joint resolution disapproving the determination of the President contained in such certification.

(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.-If the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in subsection (f) are satisfied

(1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; and

(2) the requirement to vote against multilateral development bank assistance pursuant to subsection (a)(2) shall apply with respect to that country, without regard to the date specified in

that subsection. (f) RECERTIFICATION.—Subsection (e) shall apply to a country described in that subsection until

(1) the President, at the time of submission of the report required by section 489(a), makes a certification under subsection (b)(1)(A) or (b)(1)(B) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) disapproving the determination of the President contained in that certification; or

(2) the President, at any other time, makes the certification described in subsection (b)(1)(B) with respect to that country, except that this paragraph applies only if either

(A) the President also certifies that

(i) that country has undergone a fundamental change in government, or

(ii) there has been a fundamental change in the conditions that were the reason

(I) why the President had not made a certification with respect to that country under subsection (b)(1)(A), or

(II) if he had made such a certification and the Congress enacted a joint resolution disapproving the determination contained in the certification,

why the Congress enacted that joint resolution; or (B) the Congress enacts a joint resolution approving the determination contained in the certification under sub

section (b)(1)(B). Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification.

(g) 525 SENATE PROCEDURES.–Any joint resolution under this section shall be considered in the Senate in accordance with the provi

525 Subsec. (g) formerly read "CONGRESSIONAL REVIEW PROCEDURES.-1) SENATE.-". Sec. 101(gX1XF) 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.".

sions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(h) 526 DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.—Not later than November 1526 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. SEC. 490A.527 * * * [Repealed—1995)

Chapter 9—International Disaster Assistance 528 Sec. 491.529 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 530 in section 492, and notwithstanding any other provision of this or any other Act, the President

526 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.

In a letter sente November 1, 2001, to the chairmen and ranking members of the Committees on Appropriations, Foreign Relations, and International Relations, the President stated:

"In accordance with the provisions of section 490(h) of the Foreign Assistance Act of 1961, as amended (FAA), I have determined that the following countries are major illicit drug-producing or major drug-transit countries: Afghanistan, the Bahamas, Bolivia, Brazil, Burma, China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam.

** * * “I have removed Cambodia from the Majors List. Cambodia was added to the Majors List in

5 as a transit country for heroin destined for the United States. In recent years, there has been no evidence of any heroin transiting Cambodia coming to the United States. On the basis of this cumulative evidence, I have determined that Cambodia no longer meets the standard for a major drug-transit country and I have removed Cambodia from the Majors List. I will, however, keep it under observation as a country of concern.”. (http://usinfo.state.gov)

521 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)(2XA) 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".

528 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”.

529 22 U.S.C. 2292. Sec. 491 was 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.”.

530 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).

is authorized to furnish assistance to any foreign country, international organization, or private voluntary organization,531 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. 492.532 Authorization.-(a) 533 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 1987.534

531 The words, “international organization, or private voluntary organization,” were inserted in lieu of "or international organization” by sec. 118(a) of the International Development and Food Assistance Act of 1978 (Public Law 95-424;

532 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public Law 94-161 (89 Stat. 849).

533 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).

534 The authorization figures for fiscal years 1986 and 1987 were inserted by sec. 404 of the International Security and Development Cooperat

velopment 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 2002-no authorization.

Congress did not enact an authorization for fiscal year 2002. Instead, the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115), waived the requirements for authorization, and title II of that Act (at 115 Stat. 2123) provided the following:

"INTERNATIONAL DISASTER ASSISTANCE “For necessary expenses for international disaster relief, rehabilitation, and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, as amended, $235,500,000, to remain available until expended.

"TRANSITION INITIATIVES "For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $50,000,000, 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 infrastructu olution 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.".

See also sec. 501 of that Act (115 Stat. 2139), relating to obligations during last month of availability, and sec. 585 (115 Stat. 2172), relating to El Salvador reconstruction and Central America disaster relief. Chapter 6 of division B of Public Law 107-117 (115 Stat. 2310) provided the following:

"INTERNATIONAL DISASTER ASSISTANCE "For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for 'International Disaster Assistance', $50,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38, for humanitarian and reconstruction activities in Afghanistan."..

The 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107–38; 115 Stat. 220) provided, in part: “EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE

PRESIDENT
"EMERGENCY RESPONSE FUND

"(INCLUDING TRANSFERS OF FUNDS) “For emergency expenses to respond to the terrorist attacks on the United States that occurred on September 11, 2001, to provide assistance to the victims of the attacks, and to deal with other consequences of the attacks, $40,000,000,000, to remain available until expended, in

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