criminally forfeited to the United States to be made available to foreign countries. 407

Sec. 485.406 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.

(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. 486.408 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

407 Section 7 of the International Narcotics Control Act of 1990 (Public Law 101-623; 104 Stat. 3355) added the last sentence to sec. 484.

408 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.'

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).

Sec. 487.409 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. 488.410 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. 489.411 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.

409 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).

410 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).

411 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).

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

Chapter 9-International Disaster Assistance 412

Sec. 491.413, 414 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 415 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,416 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. 492.417 Authorization.-(a) 418 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 1987.419

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

413 22 U.S.C. 2292. 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.".

414 Sec. 491 was added by sec. 101(3) of Public Law 94-161 (80 Stat. 849).

415 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).

416 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; 92 Stat. 953).

417 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public Law 94-161 (89 Stat. 849). 418 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).

419 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 year 1988-no authorization; fiscal year 1989-no authorization; fiscal year 1990 no authorization; fiscal year 1991-no authorization.

Congress did not enact an authorization for fiscal year 1992. Fiscal year 1992 appropriations for this activity are $39,014,672 ($36,600,000, reduced by 1.4781 per cent as required by sec. 126 of Public Law 102-145, as amended). For relevant appropriations text, see paragraph on "International Disaster Assistance", title II, Public Law 101-513, page 580.

Amounts appropriated under this section are authorized to remain available until expended.420

(b) 418 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. 493.421 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. 494.422 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.423 Famine and Disaster Relief to Drought-Stricken African Nations. *** [Repealed-1978]

Sec. 494B.424 African Development Program.-*** [Redesignated-1977]

Sec. 495.425 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, $40,000,000.426 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.

420 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).

421 22 U.S.C. 2292b, Sec. 493 was added by Sec. 101(3) of Public Law 94-161 (89 Stat. 849). 422 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).

423 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).

424 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).

425 22 U.S.C. 2292f. Sec. 495 was added by sec. 101(8) of Public Law 94-161 (89 Stat. 849). 426 Sec. 402 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) inserted "$40,000,000" in lieu of "$30,000,000".

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.

Sec. 495A.427 Guatemala Relief and Rehabilitation.-* * * [Repealed-1978]

Sec. 495B.428 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) 429 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 may be charged to the appropriations authorized under this section.

(d) 430 (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 reconstruc

427 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). 428 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).

429 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.".

430 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.".