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(D) other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities; and

(E) financing under the Export-Import Bank Act of 1945; except that the term "United States assistance" does not include (i) international narcotics control assistance under this chapter, (ii) disaster relief assistance (including any assistance under chapter 9 of this part), (iii) assistance which involves the provision of food or medicine, (iv) assistance for refugees, (v) assistance under the InterAmerican Foundation Act, 298 or (vi) activities authorized pursuant to the National Security Act of 1947 (50 U.S.C. 410 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or Executive order Number 12333 (December 4, 1981).

(j) 296 The Department of State shall encourage the International Narcotics Control Board and the United Nations Commission on Narcotic Drugs to take such actions as are appropriate and necessary to secure from signatory countries to the Single Convention on Narcotic Drugs, 1961, the plans described in this section, and to obtain reports from such countries on their achievements under such plans.

Sec. 482.299 Authorization.-(a) 300 (1) To carry out the purposes of section 481, there are authorized to be appropriated to the President $37,700,000 for the fiscal year 1982 and $37,700,000 for the fiscal year 1983.301

298 For text, see page 357.

299 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the Foreign Relations Authorization Act of 1972, was amended and restated by sec. 3 of the International Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 614). It formerly read as follows:

"SEC. 482. AUTHORIZATION.-To carry out the purposes of section 481, there are authorized to be appropriated to the President $42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for the fiscal year 1976, no part of which may be obligated for or on behalf of any country where illegal traffic in opiates has been a significant problem unless and until the President determines and certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that assistance furnished to such country pursuant to the authority in this chapter is significantly reducing the amount of illegal opiates entering the international market, and not to exceed $34,000,000 for the fiscal year 1977. Amounts appropriated under this section are authorized to remain available until expended."

300 Subsection designation “(a)" and the text of subsec. (b) were added by sec. 5(b) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 731). Subsec. (a) was further amended and restated by sec. 3 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701); and further amended by Sec. 402(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3149). The 1980 amendment, in addition to other changes in subsection (a), struck out a paragraph which had earmarked $16 million for Colombia during fiscal year 1980 for a variety of items used in the interdiction of drug traffic. In reference to this deleted provision, sec. 402(c) of Public Law 96-533 stated:

"(c) Notwithstanding the provisions of section 482(a)(2) of the Foreign Assistance Act of 1961 as in effect immediately prior to the enactment of this Act, funds appropriated for the fiscal year 1980 to carry out the purposes of section 481 of that Act which were obligated for assistance for Colombia may be used for fixed-wing aircraft, communications equipment, and such other equipment and operational support, including aviation services, as are essential to the Colombian anti-narcotics enforcement program."

Subsec. (a) was further amended and restated when sec. 502(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1539) substituted the authorization levels for fiscal years 1982 and 1983 in lieu of the figure for fiscal year 1981 and deleted a paragraph limiting the fiscal year 1981 U.S. contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or 50 percent of total contributions, whichever is less.

301 The International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 969) provided an authorization for the fiscal year 1984 of $47,000,000 to carry out sec. 481. An authorization for fiscal year 1985 was not enacted.

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——

Continued

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

(b) 300 Funds authorized to be appropriated by this section shall not be made available for the procurement of weapons or ammunition under this chapter.

(c) 302 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.

Chapter 9-International Disaster Assistance 303

Sec. 491.304 305 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 306 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,307 on such terms and conditions as he may determine, for international disaster relief and rehabilitation, including assistance relating to disas

$39,000,000; Fiscal year 1979-$40,000,000; Fiscal year 1980--$51,758,000; Fiscal year 1981$38,573,000.

Foreign Assistance Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations, 1985; Public Law 98-473; 98 Stat. 1892) provides the following:

"For necessary expenses to carry out the provisions of section 481, $50,217,000."

302 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).

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

304 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.'

305 22 U.S.C. 2292. Sec. 491 was added by sec. 101(3) of Public Law 94-161 (80 Stat. 849).

306 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).

307 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).

ter 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. 492.308 Authorization.—(a) 309 There is authorized to be appropriated to the President to carry out section 491, $27,000,000 for the fiscal year 1982 and $27,000,000 for the fiscal year 1983.310 Amounts appropriated under this section are authorized to remain available until expended.311

(b) 309 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. 493.312 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. 494.313 Disaster Relief Assistance.-There is authorized to be appropriated, in addition to other sums available for such purposes,

308 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public Law 94-161 (89 Stat. 849). 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).

310 The International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 969) provided an authorization for the fiscal year 1984 of $25,000,000 to carry out sec. 491. An authorization for fiscal year 1985 was not enacted.

The authorization figures for fiscal years 1982 and 1983 were substituted in lieu of a figure for fiscal year 1981 by sec. 503 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1539). 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.

Foreign Assistance Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations, 1985; Public Law 98-473; 98 Stat. 1890) provides the following:

"International disaster assistance: For necessary expenses to carry out the provisions of section 491, $25,000,000, to remain available until expended."

In addition to the regular fiscal year 1984 appropriation of $25,000,000 provided under the Further Continuing Appropriations Act, 1984 (Public Law 98-151) to carry out the provisions of sec. 491, the Supplemental Appropriations Act, 1984 (Public Law 98-396) provided the following additional amount:

"For an additional amount for 'International disaster assistance', $16,000,000: Provided, That this sum shall be available only for emergency inland transportation associated with food relief efforts in Africa."

Also, the Second Supplemental Appropriations Act, 1984 (Public Law 98-396) provided $2,000,000 under "Migration and Refugee Assistance" to be transferred to "International Disaster Assistance" for Afghan refugees.

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). 312 22 U.S.C. 2292b, Sec. 493 was added by Sec. 101(3) of Public Law 94-161 (89 Stat. 849).

313 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).

$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.314 Famine and Disaster Relief to Drought-Stricken African Nations.-*** [Repealed-1978]

Sec. 494B.315 African Development Program.-* * * [Redesignated-1977]

Sec. 495.316 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, $40,000,000.317 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.318 Guatemala Relief and Rehabilitation.-* * * [Repealed-1978]

Sec. 495B.319 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) 320 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 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

314 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). 315 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).

316 22 U.S.C. 2292f. Sec. 495 was added by sec. 101(8) of Public Law 94-161 (89 Stat. 849). 317 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 Sept. 30, 1976, $5,000,000.

318 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). 319 22 U.S.C. 2292h. Sec. 495B was added by sec. 415 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761).

320 Sec. 120 of the International Development and Food Assistance Act of 1977 (Public Law 9588; 91 Stat. 541) redesignated subsec. (b) as subsec. (c) and added this new subsec. (b).

FA Appropriations Act, 1978:

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

may be charged to the appropriations authorized under this section.

(d) 321 (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.322 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."

323

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

(d) 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 Lebanon may be charged to the appropriations authorized under this section.

321 Subsec. (d) was added by Public Law 96-525 (94 Stat. 3043).

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."

322 22 U.S.C. 22921. Sec. 495C was added by sec. 416 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 762).

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

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