(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 investigation or prosecution of such acts.

(3) 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.584

(d) CONGRESSIONAL REVIEW.-Subsection (e) shall apply if, within 30585 calendar days after receipt of a certification submitted 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

584 Sec. 101(g)(1)(D) of the International Narcotics Control Corrections Act of 1994 (Public Law 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.".

585 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".

(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 subsection (b)(1)(B).

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

(g) 586 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) 587 DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.-Not later than November 1587 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.

586 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.".

587 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.

588 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 Cer

Continued

SEC. 490A.588 * * * [Repealed-1995]

Chapter 9-International Disaster Assistance 589 Sec. 491.590 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 591 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,592 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. 492.593 Authorization. (a) 594 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 1987.595

tification 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. 49171 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".

589 Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted "International Disaster Assist ance" 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".

590 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.".

591 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.

592 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,".

593 22 U.S.C. 2292a. Added by sec. 101(3) of Public Law 94-161 (89 Stat. 849).

594 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).

595 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 2006-no authorization.

Congress did not enact an authorization for fiscal year 2006. Instead, the Foreign Operations. Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102),

waived the requirements for authorization, and title II of that Act (119 Stat. 2177) provided the following:

"INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

"For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $365,000,000, to remain available until expended, of which $20,000,000 should be for famine prevention and relief.

"TRANSITION INITIATIVES

"For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $40,000,000, 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 it 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 Appropriations.".

Title II, ch. 3 of the Emergency Supplemental Appropriations Act To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (division B of Public Law 109-148; 119 Stat. 2784), provided the following:

"CHAPTER 3

"BILATERAL ECONOMIC ASSISTANCE

"FUNDS APPROPRIATED TO THE PRESIDENT

"UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

"INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

"For an additional amount for 'International Disaster and Famine Assistance' for the pre-positioning and deployment of essential supplies and equipment for preparedness and response to the avian influenza virus, $56,330,000, to remain available until expended: Provided, That funds appropriated by this paragraph may be obligated and expended notwithstanding section 10 of Public Law 91-672: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006.

"GENERAL PROVISION-THIS CHAPTER

"SEC. 2301. Within 30 days from the date of enactment of this Act and every six months thereafter, the Administrator of the United States Agency for International Development shall submit to the Committees on Appropriations a report which identifies, for all projects funded from amounts appropriated by this Act that are administered by that agency, the following: the program objectives for each such project, the approximate timeline for achieving each of those objectives, the amounts obligated and expended for each project, and the current status of program performance with reference to identified program objectives and the timeline for achieving those objectives.".

Title III, ch. 8 of that Act (119 Stat. 2791), however, also provided the following:

"GOVERNMENT-WIDE RESCISSIONS

"SEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS.-There is hereby rescinded an amount equal to 1 percent of

"(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any discretionary account of this Act and in any other fiscal year 2006 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in any prior fiscal year appropriation Act; and

(3) the contract authority provided in fiscal year 2006 for any program subject to limitation contained in any fiscal year 2006 appropriation Act.

"(b) PROPORTIONATE APPLICATION.-Any rescission made by subsection (a) shall be applied proportionately

"(1) to each discretionary account and each item of budget authority described in such subsection; and

"(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying re

Continued

ports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).

"(c) EXCEPTIONS.-This section shall not apply

"(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or

"(2) to discretionary authority appropriated or otherwise made available to the Department of Veterans Affairs. "(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section.".

Title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A of Public Law 109-13; 119 Stat. 263), provided the following:

"BILATERAL ECONOMIC ASSISTANCE

"FUNDS APPROPRIATED TO THE PRESIDENT

"UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

"INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

"For an additional amount for 'International Disaster and Famine Assistance', $90,000,000, to remain available until expended, for emergency expenses related to the humanitarian crisis in the Darfur region of Sudan and other African countries: Provided, That these funds may be used to reimburse fully accounts administered by the United States Agency for International Development for obligations incurred for the purposes provided under this heading prior to enactment of this Act from funds appropriated for foreign operations, export financing, and related programs: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress).".

In Public Law 109-13, see also sec. 2110, relating to humanitarian assistance code of conduct (119 Stat. 268; 22 U.S.C. 2370b).

Title IV of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A of Public Law 109-13; 119 Stat. 273), provided the following:

"CHAPTER 1

"FUNDS APPROPRIATED TO THE PRESIDENT

"OTHER BILATERAL ASSISTANCE

"TSUNAMI RECOVERY AND RECONSTRUCTION FUND

"(INCLUDING TRANSFERS OF FUNDS)

"For necessary expenses to carry out the Foreign Assistance Act of 1961, for emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004 and March 2005, and the Avian influenza virus, $656,000,000, to remain available until September 30, 2006: Provided, That these funds may be transferred by the Secretary of State to Federal agencies or accounts for any activity authorized under part I (including chapter 4 of part II) of the Foreign Assistance Act, or under the Agricultural Trade Development and Assistance Act of 1954, to accomplish the purposes provided herein: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That funds appropriated under this heading may be used to reimburse fully accounts administered by the United States Agency for International Development for obligations incurred for the purposes provided under this heading prior to enactment of this Act, including Public Law 480 Title II grants: Provided further, That of the amounts provided herein: up to $10,000,000 may be transferred to and consolidated with 'Development Credit Authority' for the cost of direct loans and loan guarantees as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961 in furtherance of the purposes of this heading, up to $17,500,000 may be transferred to and consolidated with 'Operating Expenses of the United States Agency for International Development', of which up to $2,000,000 may be used for administrative expenses to carry out credit programs administered by the United States Agency for International Development in furtherance of the purposes of this heading; up to $1,000,000 may be transferred to and consolidated with 'Operating Expenses of the United States Agency for International Development Office of Inspector General'; and up to $5,000,000 may be transferred to and consolidated with 'Emergencies in the Diplomatic and Consular Service' for the purpose of providing support services for United States citizen victims and related operations: Provided further, That of the funds appropriated under this heading, $5,000,000 should be made available for environmental recovery activities in tsunami affected countries: Provided further, That of the funds appropriated under this heading, $10,000,000 should be made available for programs and activities which create new economic opportunities for women: Provided further, That of the funds appropriated under this heading, $1,500,000 should be made available for programs to