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appropriated for `International Organizations and Programs') shall be
used to finance the construction of any new flood control, reclamation,
or other water or related land resource project or program which has not
met the standards and criteria used in determining the feasibility of flood
control, reclamation, and other water and related land resource programs
and projects proposed for construction within the United States of America
under the principles, standards and procedures established pursuant to the
Water Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory
or supplementary thereto.
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

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TITLE V

-GENERAL PROVISIONS

Assistance', and `United States Emergency Refugee and Migration Assistance
Fund', not more than 15 per centum of any appropriation item made available
by this Act shall be obligated during the last month of availability.
PROHIBITION AGAINST PAY TO FOREIGN ARMED SERVICE MEMBER

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counterpart funds generated as a result of assistance hereunder or any
prior Act shall be used to pay pensions, annuities, retirement pay,
or adjusted service compensation for any person heretofore or hereafter
serving in the armed forces of any recipient country.
TERMINATION FOR CONVENIENCE

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this Act for carrying out the Foreign Assistance Act of 1961, may be used
for making payments on any contract for procurement to which the United
States is a party entered into after the date of enactment of this Act
which does not contain a provision authorizing the termination of such
contract for the convenience of the United States.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

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this Act for carrying out the Foreign Assistance Act of 1961, may be used
to pay in whole or in part any assessments, arrearages, or dues of any
member of the United Nations.
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL INSTITUTIONS

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to carry out the provisions of section 209(d) of the Foreign Assistance
Act of 1961.
AID RESIDENCE EXPENSES

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Act, not to exceed $126,500 shall be for official residence expenses
of the Agency for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign currencies
are utilized in lieu of dollars.
AID ENTERTAINMENT EXPENSES

0dd1f8265a1045ec30a79d41e37e762fa24b34491485d3ff9d734c4b93018eef

not to exceed $11,500 shall be for entertainment expenses of the Agency
for International Development during the current fiscal year.
REPRESENTATIONAL ALLOWANCES

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not to exceed $115,000 shall be available for representation allowances
for the Agency for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign currencies
are utilized in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering military assistance
and sales under the heading `Foreign Military Financing Program', not to
exceed $2,875 shall be available for entertainment expenses and not to
exceed $75,000 shall be available for representation allowances: Provided
further, That of the funds made available by this Act under the heading
`International Military Education and Training', not to exceed $125,000
shall be available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American Foundation,
not to exceed $2,875 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this Act
for the Peace Corps, not to exceed a total of $4,600 shall be available for
entertainment expenses: Provided further, That of the funds made available
by this Act under the heading `Trade and Development Program', not to exceed
$2,300 shall be available for representation and entertainment allowances.
PROHIBITION ON FINANCING NUCLEAR GOODS

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funds for `International Organizations and Programs') pursuant to this Act,
for carrying out the Foreign Assistance Act of 1961, may be used to finance
the export of nuclear equipment, fuel, or technology.
HUMAN RIGHTS

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to provide assistance to any country for the purpose of aiding the efforts
of the government of such country to repress the legitimate rights of
the population of such country contrary to the Universal Declaration of
Human Rights.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

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pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya,
the Socialist Republic of Vietnam, South Yemen, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents: Provided further, That such
prohibition shall not apply to the Export-Import Bank or its agents if
in the judgment of the President its application is not in the national
interest of the United States and so reports to Congress.
MILITARY COUPS

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to this Act shall be obligated or expended to finance directly any assistance
to any country whose duly elected Head of Government is deposed by military
coup or decree: Provided, That assistance may be resumed to such country if
the President determines and reports to the Committees on Appropriations
that subsequent to the termination of assistance a democratically elected
government has taken office.
TRANSFERS BETWEEN ACCOUNTS

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under an appropriation account to which they were not appropriated,
unless the President, prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
DEOBLIGATION/REOBLIGATION AUTHORITY

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Appropriations Act, 1955, as having been obligated against appropriations
heretofore made under the authority of the Foreign Assistance Act of 1961
for the same general purpose as any of the headings under the `Agency for
International Development' are, if deobligated, hereby continued available
for the same period as the respective appropriations under such headings
or until September 30, 1990, whichever is later, and for the same general
purpose, and for countries within the same region as originally obligated:
Provided, That the Appropriations Committees of both Houses of the Congress
are notified fifteen days in advance of the deobligation and reobligation
of such funds in accordance with regular notification procedures of the
Committees on Appropriations.
PROHIBITION ON PUBLICITY OR PROPAGANDA

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used for publicity or propaganda purposes within the United States not
authorized before the date of enactment of this Act by the Congress.
AVAILABILITY OF FUNDS

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available for obligation after the expiration of the current fiscal year
unless expressly so provided in this Act: Provided, That funds appropriated
for the purposes of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, as amended, shall remain available until
expended if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available until expended:
Provided further, That the report required by section 653(a) of the Foreign
Assistance Act of 1961 shall designate for each country, to the extent
known at the time of submission of such report, those funds allocated for
cash disbursement for balance of payment and economic policy reform purposes.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

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used to furnish assistance to any country which is in default during a
period in excess of one calendar year in payment to the United States of
principal or interest on any loan made to such country by the United States
pursuant to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign Assistance
Act of 1961 shall not apply to funds made available in this Act for any
narcotics-related activities in Colombia, Bolivia, and Peru authorized by the
Foreign Assistance Act of 1961, as amended, or the Arms Export Control Act.
FINANCIAL INSTITUTIONS--NAMES OF BORROWERS

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this Act shall be available to any international financial institution
whose United States governor or representative cannot upon request obtain
the amounts and the names of borrowers for all loans of the international
financial institution, including loans to employees of the institution,
or the compensation and related benefits of employees of the institution.
FINANCIAL INSTITUTIONS--DOCUMENTATION

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this Act shall be available to any international financial institution
whose United States governor or representative cannot upon request obtain
any document developed by or in the possession of the management of the
international financial institution, unless the United States governor
or representative of the institution certifies to the Committees on
Appropriations that the confidentiality of the information is essential
to the operation of the institution.
COMMERCE AND TRADE

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Act for direct assistance and none of the funds otherwise made available
pursuant to this Act to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance any loan,
any assistance or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import Bank
if in the judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to United
States producers of the same, similar, or competing commodity.
SURPLUS COMMODITIES

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Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the African Development Bank, and the African Development Fund
to use the voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the assistance will
cause substantial injury to United States producers of the same, similar,
or competing commodity.
NOTIFICATION REQUIREMENTS

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necessary administrative flexibility, none of the funds made available
under this Act for `Agriculture, rural development, and nutrition,
Development Assistance', `Population, Development Assistance', `Child
Survival Fund', `Health, Development Assistance', `International
AIDS Prevention and Control Program', `Education and human resources
development, Development Assistance', `Private Sector, environment, and
energy, Development Assistance', `Science and technology, Development
Assistance', `Sub-Saharan Africa, Development Assistance', `International
organizations and programs', `American schools and hospitals abroad',
`Trade and development program', `International narcotics control',
`Economic support fund', `Peacekeeping operations', `Operating expenses of
the Agency for International Development', `Operating expenses of the Agency
for International Development Office of Inspector General', `Anti-terrorism
assistance', `Foreign Military Financing Program', `International military
education and training', `Inter-American Foundation', `African Development
Foundation', `Peace Corps', or `Migration and refugee assistance',
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operation not justified
or in excess of the amount justified to the Appropriations Committees for
obligation under any of these specific headings for the current fiscal
year unless the Appropriations Committees of both Houses of Congress are
previously notified fifteen days in advance: Provided, That the President
shall not enter into any commitment of funds appropriated for the purposes
of chapter 2 of part II of the Foreign Assistance Act of 1961 or of funds
appropriated for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to Congress or
20 per centum in excess of the quantities justified to Congress unless
the Committees on Appropriations are notified fifteen days in advance of
such commitment: Provided further, That this section shall not apply to
any reprogramming for an activity, program, or project under chapter 1 of
part I of the Foreign Assistance Act of 1961 of less than 20 per centum
of the amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year.
CONSULTING SERVICES

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consulting service through procurement contract, pursuant to section 3109
of title 5, United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order pursuant to existing law.
PROHIBITION ON ABORTION LOBBYING

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lobby for abortion.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS

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none of the funds provided for `International Organizations and Programs'
shall be available for the United States proportionate share for any programs
for the Palestine Liberation Organization (or for projects whose purpose is
to provide benefits to the Palestine Liberation Organization or entities
associated with it), the Southwest Africa People's Organization, Libya,
Iran, or, at the discretion of the President, Communist countries listed
in section 620(f) of the Foreign Assistance Act of 1961, as amended:
Provided, That, subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation of
this section or any similar provision of law, shall remain available for
obligation through September 30, 1991.
(b) The United States shall not make any voluntary or assessed contribution--
(1) to any affiliated organization of the United Nations which grants full
membership as a state to any organization or group that does not have the
internationally recognized attributes of statehood, or
(2) to the United Nations, if the United Nations grants full membership
as a state in the United Nations to any organization or group that does
not have the internationally recognized attributes of statehood,
during any period in which such membership is effective.
UNITED NATIONS VOTING RECORD

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of State shall transmit to the Speaker of the House of Representatives
and the President of the Senate a full and complete annual report which
assesses for the prior calendar year, with respect to each foreign country
member of the United Nations, the voting practices of the governments of
such countries at the United Nations, and evaluates General Assembly and
Security Council actions and the responsiveness of those governments to
United States policy on issues of special importance to the United States.
(b) INFORMATION ON VOTING PRACTICES IN THE UNITED NATIONS- Such report
shall include, with respect to voting practices and plenary actions in
the United Nations during the preceding year, information to be compiled
and supplied by the Permanent Representative of the United States to the
United Nations, consisting of--
(1) an analysis and discussion, prepared in consultation with the Secretary
of State, of the extent to which member countries supported United States
policy objectives at the United Nations;
(2) an analysis and discussion, prepared in consultation with the Secretary
of State, of actions taken by the United Nations by consensus;
(3) with respect to plenary votes of the United Nations General Assembly--
(A) a listing of all such votes on issues which directly affected important
United States interests and on which the United States lobbied extensively
and a brief description of the issues involved in each such vote;
(B) a listing of the votes described in subparagraph (A) which provides a
comparison of the vote cast by each member country with the vote cast by
the United States;
(C) a country-by-country listing of votes described in subparagraph (A); and
(D) a listing of votes described in subparagraph (A) displayed in terms
of United Nations regional caucus groups;
(4) a listing of all plenary votes cast by member countries of the United
Nations in the General Assembly which provides a comparison of the vote
cast by each member country with the vote cast by the United States;
(5) an analysis and discussion, prepared in consultation with the Secretary
of State, of the extent to which other members supported United States
policy objectives in the Security Council and a separate listing of all
Security Council votes of each member country in comparison with the United
States; and
(6) a side-by-side comparison of agreement on important and overall votes
for each member country and the United States.
(c) FORMAT- Information required pursuant to subsection (b)(3) shall also
be submitted, together with an explanation of the statistical methodology,
in a format identical to that contained in chapter II of the March 14,
1988, Report to Congress on Voting Practices in the United Nations.
(d) STATEMENT BY THE SECRETARY OF STATE- Each report under subsection (a)
shall contain a statement by the Secretary of State discussing the measures
which have been taken to inform United States diplomatic missions of United
Nations General Assembly and Security Council activities.
(e) TECHNICAL AND CONFORMING AMENDMENTS- The following provisions of law
are repealed:
(1) The second undesignated paragraph of section 101(b)(1) of the Foreign
Assistance and Related Programs Appropriations Act, 1984 (Public Law 98-151;
97 Stat. 964).
(2) Section 530 of the Foreign Assistance and Related Programs Appropriations
Act, 1985 (Public Law 98-473, 98 Stat. 1837).
(3) Section 529 of the Foreign Assistance and Related Programs Appropriations
Act, 1986, as enacted by Public Law 99-190 (99 Stat. 1185).
(4) Section 528 of the Foreign Assistance and Related Programs Appropriations
Act, 1987, as enacted by Public Law 99-500 (100 Stat. 1783) and Public
Law 99-591 (100 Stat. 3341).
(5) Section 528 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988, as enacted by Public Law 100-202 (101
Stat. 1329).
(6) Section 527 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989, as enacted by Public Law 100-461 (101
Stat. 2268).
LOANS TO ISRAEL UNDER ARMS EXPORT CONTROL ACT

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any loan which is or was made available under the Arms Export Control Act
and for which repayment is or was forgiven before utilizing any other loan
made available under the Arms Export Control Act.
PROHIBITION AGAINST UNITED STATES EMPLOYEES RECOGNIZING OR NEGOTIATING WITH PLO

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the United States and Israel, and in accordance with section 1302 of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83), no employee of or individual acting on behalf of the United
States Government shall recognize or negotiate with the Palestine Liberation
Organization or representatives thereof, so long as the Palestine Liberation
Organization does not recognize Israel's right to exist, does not accept
Security Council Resolutions 242 and 338, and does not renounce the use
of terrorism.
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

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Middle East is vitally important to United States security interests in the
region. The Congress recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and the State of Israel,
done at Washington on March 26, 1979, Israel incurred severe economic
burdens. Furthermore, the Congress recognizes that an economically and
militarily secure Israel serves the security interests of the United States,
for a secure Israel is an Israel which has the incentive and confidence to
continue pursuing the peace process. Therefore, the Congress declares that it
is the policy and the intention of the United States that the funds provided
in annual appropriations for the Economic Support Fund which are allocated
to Israel shall not be less than the annual debt repayment (interest and
principal) from Israel to the United States Government in recognition that
such a principle serves United States interests in the region.
CEILINGS AND EARMARKS

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to funds or authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs.
NOTIFICATION CONCERNING AIRCRAFT IN CENTRAL AMERICA

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the Foreign Assistance Act of 1961 and the Arms Export Control Act may not be
used to make available any helicopters or other aircraft for military use,
and licenses may not be issued under section 38 of the Arms Export Control
Act for the export of any such aircraft, to any country in Central America
unless the Committees on Appropriations, the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations of
the Senate are notified in writing at least fifteen days in advance.
(b) During the current fiscal year, the Secretary of State shall promptly
notify the committees designated in subsection (a) whenever any helicopters
or other aircraft for military use are provided to any country in Central
America by any foreign country.
ENVIRONMENTAL CONCERNS

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economic growth must be predicated on the sustainable management of natural
resources. The Secretary of the Treasury shall instruct the United States
Executive Directors of each multilateral development bank (MDB) to promote
vigorously within each MDB the expansion of programs in areas which address
the problems of global climate change through requirements to--
(1) augment and expand the professional staff of each MDB with expertise
in end-use energy efficiency and conservation and renewable energy;
(2) develop methodologies which allow borrowing countries to include
investments in end-use energy efficiency and renewable energy as explicit
alternatives in the `least cost' energy sector investments plans they
prepare with MDB assistance. Such plans shall give priority to projects
and programs which support energy conservation, end-use efficiency and
renewable energy sources in major economic sectors, and shall compare the
economic and environmental costs of those actions with the economic and
environmental costs of investments in conventional energy supplies;
(3) provide analysis for each proposed loan to support additional power
generating capacity, comparing the economic and environmental costs of
investments in demand reduction, including energy conservation and end-use
energy efficiency, with the economic and environmental costs of the proposal;
(4) assure that systematic, detailed environmental impact assessments
(EIA) of proposed energy projects, or projects with potential significant
environmental impacts, are conducted early in the project cycle. Assessments
should include but not be limited to--
(A) consideration of a wide range of alternatives to the proposed project
including, where feasible, alternative investments in end-use energy
efficiency and non-conventional renewable energy; and
(B) encouragement and adoption of policies which allow for public
participation in the EIA process;
(5) include environmental costs in the economic assessment of the proposed
projects with significant potential environmental impacts, or power projects,
and if possible for all projects which involve expansion of generating
capacity of more than 10 MW, develop a standard increase in project cost
as a surrogate for the environmental costs;
(6) encourage and promote end-use energy efficiency and renewable energy
in negotiations of policy-based energy sector lending, and MDBs should
consider not proceeding with policy-based sector loans which do not contain
commitments from the borrowing country to devote a significant portion of
its sector investments toward energy efficiency and renewable energy;
(7) provide technical assistance as a component of all energy sector
lending to help borrowing countries identify and pursue end-use energy
efficiency investments. This technical assistance shall include support
for detailed audits of energy use and the development of institutional
capacity to promote end-use energy efficiency and conservation;
(8) work with borrowing countries, with input from the public in both
borrowing and donor countries, to develop loans for end-use energy efficiency
and renewable energy, where possible `bundling' small projects into larger,
more easily financed projects; and
(9) seek the convening of a special seminar for board members and senior
staff of each MDB concerning alternate energy investment opportunities
and end-use energy efficiency and conservation.
(b) The Secretary of the Treasury as a part of the annual report to the
Congress shall describe in detail, progress made by each of the MDBs
in adopting and implementing programs meeting the standards set out in
subsection (a), including in particular--
(1) efforts by the Department of Treasury to assure implementation by each
of the MDBs of programs substantially equivalent to those set out in this
section, and results of such efforts;
(2) progress made by each MDB in drafting and implementing least cost
energy plans for each recipient country which meets requirements outlined
in subsection (a)(2);
(3) the absolute dollar amounts, and proportion of total lending in the
energy sector, of loans and portions of loans, approved by each MDB in
the previous year for projects or programs of end-use energy efficiency
and conservation and renewable energy.
(c) Not later than April 1, 1990, the Secretary of the Treasury shall
request each MDB to prepare an analysis of the impact its current forestry
sector loans will have on borrowing country emissions of CO2 and the status
of proposals for specific forestry sector activities to reduce CO2 emissions.
(d)(1) The Administrator of the Agency for International Development shall
issue guidance to all Agency missions and bureaus detailing the elements of a
`Global Warming Initiative' which will emphasize the need to reduce emissions
of greenhouse gases, especially CO2, through strategies consistent with their
continued economic development. This initiative shall emphasize the need to
accelerate sustainable development strategies in areas such as reforestation,
biodiversity, end use energy efficiency, least-cost energy planning, and
renewable energy, and shall encourage mission directors to incorporate
the elements of this initiative in developing their country programs.
(2) The Agency for International Development shall--
(A) increase the number and expertise of personnel devoted to end use
energy efficiency, renewable energy, and environmental activities in all
bureaus and missions;
(B) devote increased resources to technical training of mission directors,
in energy planning, energy conservation, end use energy efficiency,
renewable energy, reforestation, and biodiversity;
(C) accelerate the activities of the Multi-Agency Working Group on Power
Sector Innovation to enable completion of case studies of at least ten
countries in fiscal year 1990; and
(D) devote at least 10 percent of the resources allocated for forestry
activities to the preservation and restoration (as opposed to management
for extraction) of natural forests.
(3) Funds appropriated by this Act to carry out the provisions of sections
103 to 106 of the Foreign Assistance Act of 1961 may be used to reimburse
the full cost of technical personnel detailed or assigned to, or contracted
by, the Agency for International Development to provide expertise in the
environmental sector.
(4)(A) Section 119(b) of the Foreign Assistance Act of 1961 is amended by
inserting `, notwithstanding section 660,' after `this part'.
(B) Not less than $10,000,000 of the funds appropriated to carry out
the provisions of sections 103 through 106 of such Act (including funds
for sub-Saharan Africa) shall be made available for biological diversity
activities, of which $2,000,000 shall be made available for the Parks in
Peril project, pursuant to the authority of section 119(b) and $1,000,000
shall be available for the National Science Foundation's international
biological diversity program.
(C) Funds obligated in prior fiscal years pursuant to the authority
of section 119(b) may be expended in fiscal year 1990 pursuant to the
authority of such section as amended by subparagraph (A).
(e) The Secretary of the Treasury shall--
(1) instruct the United States Executive Directors to the International
Bank for Reconstruction and Development, the International Development
Association, the Inter-American Development Bank, the African Development
Bank, the Asian Development Bank, and the International Monetary Fund,
to actively support lending portfolios which allow debtor developing
countries to reduce or restructure debt in concert with the sustainable
use of their natural resources. As a part of any such debt restructuring
program, the United States Executive Director should require a thorough
review of opportunities this initiative may offer for providing additional
financial resources for the management of natural resources. The Secretary
shall submit a report to the Committees on Appropriations on the progress
of this program by April 30, 1990;
(2) instruct the United States Executive Directors to the international
financial institutions to seek the support of other donor countries in
the implementation of this policy; and
(3) instruct the United States Executive Director to the International Bank
for Reconstruction and Development to actively seek the implementation
by the World Bank of the recommendations set forth in its April 1, 1988,
report on `Debt-for-Nature swaps', including the setting up of a pilot
debt-for-nature swap program in one or more interested countries. The
Secretary shall submit a progress report on the implementation of this
program to the Committees on Appropriations by April 1, 1990.
(f) The Secretary of the Treasury shall seek to incorporate natural resource
management initiatives throughout the implementation of the Brady Plan. The
Secretary shall submit to the Committees on Appropriations a report by
April 15, 1990, describing how such initiatives have been incorporated
into the Brady Plan and identifying any such initiatives undertaken to date.
(g) The Secretary of the Treasury shall instruct the United States Executive
Director to the Inter-American Development Bank to--
(1) seek implementation of the environmental reform measures agreed to as
part of the Bank's 7th Replenishment;
(2) seek adoption of Bank policies regarding indigenous people, relations
with nongovernmental organizations, and the protection of wildlife and
unique natural and cultural features;
(3) require the Bank to demonstrate how it has improved, and will improve,
the monitoring of environmental and social components of loans; and
(4) within four months after the date of enactment of this Act report
to the Committees on Appropriations on the progress the Bank has made in
implementing each of these reforms.
GLOBAL WARMING INITIATIVE

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maximum impact from activities relating to tropical forestry, the Agency for
International Development shall focus tropical forestry assistance programs
on the key middle- and low-income developing countries (hereinafter `key
countries') which are projected to contribute large amounts of greenhouse
gases related to global warming as a result of industrialization and the
burning of fossil fuels, and destruction of tropical forests.
(2) Funds appropriated to carry out the provisions of sections 103 and
106 of the Foreign Assistance Act of 1961, as amended, may be used by the
Agency for International Development, notwithstanding any other provision
of law, for the purpose of supporting tropical forestry programs aimed at
reducing emissions of greenhouse gases with regard to the key countries in
which deforestation makes a significant contribution to global warming,
except that such assistance shall be subject to sections 116, 502B, and
620A of the Foreign Assistance Act of 1961.
(3) In providing assistance relating to tropical forests, the Administrator
of that Agency shall, to the extent feasible and appropriate, assist
countries in developing a systematic analysis of the appropriate use
of their total tropical forest resources, with the goal of developing a
national program for sustainable forestry.
(b) ENERGY ASSISTANCE- (1) In order to achieve the maximum impact from
activities relating to energy, the Agency for International Development shall
focus energy assistance activities on the key countries, where assistance
would have the greatest impact on reducing emissions from greenhouse
gases. Such assistance shall be focused on improved energy efficiency,
increased use of renewable energy resources and national energy plans
(such as least-cost energy plans) which include investment in end-use
efficiency and renewable energy resources.
(2) Funds appropriated to carry out the provisions of sections 103 and
106 of the Foreign Assistance Act of 1961, as amended, may be used by the
Agency for International Development, notwithstanding any other provision
of law, for the purpose of supporting energy programs aimed at reducing
emissions of greenhouse gases related to global warming with regard to the
key countries, except that such assistance shall be subject to sections 116,
502B, and 620A of the Foreign Assistance Act of 1961.
(3) It is the sense of the Congress that the Agency for International
Development should increase its efforts in the fields of energy efficiency,
renewable energy, and energy planning. Such increase should take place
with respect to key countries and countries with large Economic Support
Fund project assistance. Such efforts should include--
(A) an increase in the number of Agency for International Development staff
with energy expertise, including staff with expertise in renewable energy
technologies and end-use efficiency;
(B) assistance to develop analyses of energy-sector actions that could
minimize emissions of greenhouse gases at least cost, while at the
same time meeting basic economic and social development needs. Such
assistance should include country-specific analyses which compare the
economic and environmental costs of actions to promote energy efficiency
and nonconventional renewable energy with the economic and environmental
costs of investments to provide additional conventional energy supplies;
(C) assistance to develop energy-sector plans that employ end-use analysis
and other techniques to identify the most cost-effective actions to minimize
increased reliance on fossil fuels, ensuring to the maximum extent feasible
that nongovernmental organizations and academic institutions are involved
in this planning;
(D) insuring that AID energy assistance--including support for private-sector
initiatives--is consistent with the analyses and plans described in
subparagraphs (B) and (C) above, and that environmental impacts (including
that on global warming) and alternatives have been fully analyzed;
(E) assistance to improve efficiency in the production, transmission,
distribution, and use of energy. Such assistance should focus on the
development of institutions to (i) promote energy efficiency in all sectors
of energy production and use, (ii) provide training and technical assistance
to help energy producers and users identify cost-effective actions to improve
energy efficiency, (iii) finance specific investments in energy efficiency in
all sectors of energy production and use, and (iv) improve local capabilities
in the research, development, and sale of energy efficient technologies;
(F) assistance in exploiting nonconventional renewable energy resources,
including wind, solar, small-hydro, geothermal, and advanced biomass
systems. This assistance should also promote efficient use of traditional
biomass fuels through improved fuelwood management and improved methods
of charcoal production;
(G) expanding efforts to meet the energy needs of the rural poor through the
methods described in subparagraphs (E) and (F). Specifically these efforts
should promote improved efficiency in the use of biomass fuels for household
energy, improved systems of fuelwood management, and the development of
the nonconventional renewable energy systems described in subparagraph (F);
(H) encouraging host countries to sponsor meetings with officials from
the United States utility sector who are leaders in energy efficiency
and other United States experts to discuss the application of least-cost
planning techniques;
(I) developing a cadre of United States experts from industry, academia,
nonprofit organizations, and government agencies capable of providing
technical assistance to developing countries concerning energy policy and
planning, energy efficiency and renewable energy resources;
(J) in cooperation with the Department of Energy, the Environmental
Protection Agency, the World Bank, and the Development Assistance Committee
of the OECD, supporting research concerning the ways developing nations
can meet their energy needs while minimizing global warming and how to
meet those needs; and
(K) strengthening the Agency for International Development's partnership
with the Department of Energy in order to ensure that the Agency's energy
efforts take full advantage of United States expertise and technology.
(c) REPORTS AND AUTHORITIES- (1) The Agency for International Development,
in consultation with the Environmental Protection Agency (EPA), the
Department of State, and other appropriate agencies, shall submit to
Congress no later than April 15, 1990, a report which (1) examines
the potential contributions of developing countries to future global
emissions of greenhouse gases under different economic growth scenarios,
(2) estimates the relative contributions of those countries to global
greenhouse gas emissions, and (3) identifies specific key countries which
stand to contribute significantly to global greenhouse gas emissions, and
in which actions to promote energy efficiency, reliance on renewable energy
resources, and conservation of forest resources could significantly reduce
emissions of greenhouse gases. This report should utilize existing data,
including the models and methodologies already developed by the EPA for
their report to Congress on policy options for stabilizing global climate.
(2) Of the funds appropriated to carry out the provisions of sections
103 and 106 of the Foreign Assistance Act of 1961, as amended, the Agency
for International Development may use such amounts as may be necessary to
reimburse United States Government agencies, agencies of State governments,
and institutions of higher learning for the full costs of employees detailed
or assigned to the Agency for International Development for the purpose of
carrying out activities relating to forestry and energy programs aimed at
reducing emissions of greenhouse gases related to global warming. Personnel
who are detailed or assigned for the purposes of this section shall not
be included within any personnel ceiling applicable to any United States
Government agency during the period of detail or assignment.
(d) EXPORT-IMPORT BANK- (1) Of the financing provided by the Export-Import
Bank that is utilized for the support of exports for the energy sector,
the Bank shall seek to provide not less than 5 per centum of such financing
for renewable energy projects.
(2) The Export-Import Bank shall take all appropriate steps to finance
information exchanges and training whose purpose it is to help link United
States producers in the renewable energy sector with assistance programs
and potential foreign customers.
(3) Beginning on April 15, 1990, the Chairman of the Export-Import Bank
shall submit an annual report to the Committees on Appropriations on the
Bank's implementation of this subsection.
PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY STERILIZATION

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Assistance Act of 1961, as amended, may be used to pay for the performance
of abortions as a method of family planning or to motivate or coerce any
person to practice abortions. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for the performance of involuntary sterilization as a method of family
planning or to coerce or provide any financial incentive to any person to
undergo sterilizations. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be used to pay for
any biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a means
of family planning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated or expended
for any country or organization if the President certifies that the use of
these funds by any such country or organization would violate any of the
above provisions related to abortions and involuntary sterilizations. The
Congress reaffirms its commitments to Population, Development Assistance
and to the need for informed voluntary family planning.
AFGHANISTAN--HUMANITARIAN ASSISTANCE

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be derived in equal parts from the funds appropriated to carry out the
provisions of chapter 1 of part I of the Foreign Assistance Act of 1961,
and chapter 4 of part II of that Act, not less than $70,000,000 shall be
made available for the provision of food, medicine, or other humanitarian
assistance to the Afghan people, notwithstanding any other provision of
law: Provided, That of the funds appropriated under the heading `Private
Sector, Environment, and Energy, Development Assistance', $13,500,000
shall be transferred to `International Organizations and Programs' and
made available only for the United Nations Afghanistan Emergency Trust Fund.
PRIVATE VOLUNTARY ORGANIZATIONS--DOCUMENTATION

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Act shall be available to a private voluntary organization which fails
to provide upon timely request any document, file, or record necessary
to the auditing requirements of the Agency for International Development,
nor shall any of the funds appropriated by this Act be made available to
any private voluntary organization which is not registered with the Agency
for International Development.
EL SALVADOR--INVESTIGATION OF MURDERS

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and financing for El Salvador under chapters 2 and 5 of part II of the
Foreign Assistance Act of 1961 and under the Arms Export Control Act,
$5,000,000 may not be expended until the President reports, following the
conclusion of the Appeals process in the case of Captain Avila, to the
Committees on Appropriations that the Government of El Salvador has (1)
substantially concluded all investigative action with respect to those
responsible for the January 1981 deaths of the two United States land
reform consultants Michael Hammer and Mark Pearlman and the Salvadoran
Land Reform Institute Director Jose Rodolfo Viera, (2) pursued all legal
avenues to bring to trial and obtain a verdict of those who ordered and
carried out the January 1981 murders, and (3) pursued all legal avenues
to bring to trial those who ordered and carried out the September 1988
massacre of ten peasants near the town of San Francisco, El Salvador,
and to obtain a verdict.
REFUGEE RESETTLEMENT

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United States foreign assistance under the `Economic Support Fund',
`Foreign Military Financing Program', `International Military Education
and Training', the Agricultural Trade Development and Assistance Act of
1954 (Public Law 480), development assistance programs, or trade promotion
programs should fully cooperate with the international refugee assistance
organizations, the United States, and other governments in facilitating
lasting solutions to refugee situations. Further, where resettlement to
other countries is the appropriate solution, such resettlement should be
expedited in cooperation with the country of asylum without respect to race,
sex, religion, or national origin.
IMMUNIZATIONS FOR CHILDREN

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for International Development, working through the Centers for Disease
Control and other appropriate Federal agencies, to work in a global effort
to provide enhanced support toward achieving the goal of universal access
to childhood immunization by 1990.
ETHIOPIA--FORCED RESETTLEMENT, VILLAGIZATION

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available for any costs associated with the Government of Ethiopia's forced
resettlement or villagization programs.
SUDAN, SOMALIA, LEBANON, LIBERIA, AND ZAIRE NOTIFICATION REQUIREMENTS

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or expended for Sudan, Uganda, Liberia, Lebanon, Zaire, or Somalia except
as provided through the regular notification procedures of the Committees
on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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be defined at the Appropriations Act account level and shall include all
Appropriations and Authorizations Acts earmarks, ceilings, and limitations
with the exception that for the following accounts: Economic Support Fund
and Foreign Military Financing Program, `program, project, and activity'
shall also be considered to include country, regional, and central program
level funding within each such account; for the development assistance
accounts of the Agency for International Development `program, project, and
activity' shall also be considered to include central program level funding,
either as (1) justified to the Congress, or (2) allocated by the executive
branch in accordance with a report, to be provided to the Committees on
Appropriations within thirty days of enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961, as amended.
CHILD SURVIVAL AND AIDS ACTIVITIES

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child survival, and AIDS, up to $6,000,000 may be used to reimburse United
States Government agencies, agencies of State governments, and institutions
of higher learning for the full cost of employees detailed or assigned,
as the case may be, to the Agency for International Development for the
purpose of carrying out child survival activities and activities relating
to research on, and the treatment and control of, acquired immune deficiency
syndrome in developing countries: Provided, That personnel who are detailed
or assigned for the purposes of this section shall not be included within
any personnel ceiling applicable to any United States Government agency
during the period of detail or assignment.
CHILE--LOANS FROM MULTILATERAL DEVELOPMENT INSTITUTIONS

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the International Financial Institutions Act of 1977, the United States
Government should oppose all loans to Chile from international financial
institutions, except for those for basic human needs, until--
(1) the Government of Chile has ended its practice and pattern of gross
abuse of internationally recognized human rights;
(2) significant steps have been taken by the Government of Chile to restore
democracy, including--
(A) the implementation of political reforms which are essential to the
development of democracy, such as the legalization of political parties,
the enactment of election laws, the establishment of freedom of speech
and the press, and the fair and prompt administration of justice; and
(B) a precise and reasonable timetable has been established for the
transition to democracy.
(b) Except for programs under section 534(b) (4) or (6) of the Foreign
Assistance Act of 1961 to support the efforts of private groups and
individuals seeking to develop a national consensus on the importance of
an independent judiciary and the administration of justice generally in
a democratic society, assistance for which programs may be made available
notwithstanding section 726 of the International Security and Development
Cooperation Act of 1981, and assistance under subsection (c) of this section,
none of the funds made available by this Act for `Economic Support Fund'
or for title III shall be obligated or expended for Chile.
(c)(1) The Congress supports the democratic transition underway in Chile,
and intends to assist the new democratically elected government, following
its inauguration in March of 1990, with assistance to--
(A) strengthen democratic institutions; and
(B) establish a new relationship with the Chilean armed forces appropriate
to a democratic system of government.
(2) Of the funds appropriated by this Act under the heading `International
Military Education and Training', up to $50,000 may be made available for
Chile for fiscal year 1990, subject to the following conditions--
(A) a civilian, democratically elected President is in power in Chile and
has requested such funds;
(B) internationally recognized human rights are being respected and the
civilian government is exercising independent and effective authority; and
(C) the Government of Chile is making good-faith efforts in attempting to
resolve the murders of Orlando Letelier and Ronni Moffitt.
(3) Assistance may be provided under paragraph (2) without regard to the
requirements of section 726(b) of the International Security and Development
Cooperation Act of 1981.
COMMODITY COMPETITION

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carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall
be available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference,
or training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this section shall not prohibit:
(1) activities designed to increase food security in developing countries
where such activities will not have a significant impact in the export of
agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American producers.
PROHIBITION OF FUNDING RELATED TO COMPETITION WITH UNITED STATES EXPORTS

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International Development, other than funds made available to carry out
Caribbean Basin Initiative programs under the Tariff Schedules of the
United States, section 1202 of title 19, United States Code, schedule 8,
part I, subpart B, item 807.00, shall be obligated or expended--
(1) to procure directly feasibility studies or prefeasibility studies for,
or project profiles of potential investment in, the manufacture, for export
to the United States or to third country markets in direct competition with
United States exports, of import-sensitive articles as defined by section
503(c)(1) (A) and (E) of the Tariff Act of 1930 (19 U.S.C. 2463(c)(1)
(A) and (E)); or
(2) to assist directly in the establishment of facilities specifically
designed for the manufacture, for export to the United States or to
third country markets in direct competition with United States exports,
of import-sensitive articles as defined in section 503(c)(1) (A) and (E)
of the Tariff Act of 1930 (19 U.S.C. 2463(c)(1) (A) and (E)).
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

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to this Act shall be obligated to finance indirectly any assistance or
reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic
of Vietnam, South Yemen, Iran, or Syria unless the President of the United
States certifies that the withholding of these funds is contrary to the
national interest of the United States.
ASSISTANCE FOR LIBERIA

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economic support fund assistance and foreign military financing under the
Foreign Assistance Act of 1961 to Liberia, the President shall take into
account whether the Government of Liberia--
(1) has demonstrated its commitment to economic reform, including taking
steps to fundamentally change the current financial practice of making
extra-budgetary expenditures, including steps to channel the revenues from
such major sources as the Liberia Petroleum Refinery Corporation and the
Forestry Development Authority through the normal budgetary process; and
(2) has taken significant steps to increase respect for internationally
recognized human rights including--
(A) the removal of all restrictions on the right of political parties to
operate freely;
(B) the lifting of restrictions on freedom of the press; and
(C) the restoration of an independent judiciary.
RECIPROCAL LEASING

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striking out `1989' and inserting in lieu thereof `1990'.
DEFENSE EQUIPMENT DRAWDOWN

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the authority of section 506(a) of the Foreign Assistance Act of 1961,
shall not be furnished to a recipient unless such articles are delivered
to, and such services and training initiated for, the recipient country
or international organization not more than one hundred and twenty days
from the date on which Congress received notification of the intention to
exercise the authority of that section: Provided, That if defense articles
have not been delivered or services and training initiated by the period
specified in this section, a new notification pursuant to section 506(b)
of such Act shall be provided, which shall include an explanation for the
delay in furnishing such articles, services, and training, before such
articles, services, or training may be furnished.
(b) Section 506(a) of the Foreign Assistance Act of 1961 is amended by--
(1) inserting `(1)' after `(a)';
(2) striking `(1)' and `(2)' and inserting in lieu thereof `(A)' and `(B)',
respectively; and
(3) inserting the following new paragraph:
`(2)(A) If the President determines and reports to the Congress in accordance
with section 652 of this Act that it is in the national interest of
the United States to draw down defense articles from the stocks of the
Department of Defense, defense services of the Department of Defense,
and military education and training, he may direct--
`(i) the drawdown of such articles, services, and the provision of such
training for the purposes and under the authorities of chapters 8 and 9
of part I, as the case may be; and
`(ii) the drawdown of defense services for the purposes and under the
authorities of the Migration and Refugee Assistance Act of 1962.
`(B) An aggregate value of not to exceed $75,000,000 in any fiscal year
of defense articles, defense services, and military education and training
may be provided pursuant to subparagraph (A) of this paragraph.'.
(c) Drawdowns made pursuant to section 506(a)(2) of the Foreign Assistance
Act of 1961 shall be subject to the regular notification procedures of
the Committees on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

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accordance with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations to the
same extent and under the same conditions as are other committees pursuant
to subsection (c) of that section: Provided, That such Committees shall
also be informed of the original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT

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notwithstanding section 10 of Public Law 91-672 and section 15 of the
State Department Basic Authorities Act of 1956: Provided, That of the
funds appropriated by this Act for the `Economic Support Fund' and `Foreign
Military Financing Program' accounts, not more than 33 1/3  percent of the
amounts made available by this Act for each such account excluding amounts
made available for Israel, Egypt, Poland, and Hungary, may be obligated and
expended prior to March 1, 1990, unless an Act authorizing appropriations
for such account has been enacted.
NOTIFICATION CONCERNING EL SALVADOR

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(1) the Government of El Salvador and the armed opposition forces and
their political representatives will be willing to pursue a dialog for the
purposes of achieving an equitable political settlement of the conflict,
including free and fair elections;
(2) the elected civilian government will be in control of the Salvadoran
military and security forces, and those forces will comply with applicable
rules of international law and with Presidential directives pertaining to
the protection of civilians during combat operations, including Presidential
directive C-111-03-984 (relating to aerial fire support);
(3) the Government of El Salvador will make demonstrated progress, during
the period covered by each report pursuant to subsection (b), in ending
the activities of the death squads;
(4) the Government of El Salvador will make demonstrated progress,
during the period covered by each report pursuant to subsection (b),
in establishing an effective judicial system; and
(5) the Government of El Salvador will make demonstrated progress,
during the period covered by each report pursuant to subsection (b),
in implementing the land reform program.
(b) REPORTS- On April 1, 1990, and September 30, 1990, the President shall
report to the Speaker of the House of Representatives, the Committees on
Appropriations and the chairman of the Committee on Foreign Relations of
the Senate on the extent to which the objectives described in subsection
(a) are being met. With respect to the objective described in paragraph
(4) of that subsection, each report shall specify the status of all cases
presented to the Salvadoran courts involving human rights violations against
civilians by members of the Salvadoran security forces, including military
officers and other military personnel and civil patrolmen.
NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS

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Committees of the Congress and to such other Committees as appropriate,
a copy of the text of any agreement with any foreign government which would
result in any debt relief no less than thirty days prior to its entry into
force, other than one entered into pursuant to this Act, together with a
detailed justification of the interest of the United States in the proposed
debt relief: Provided, That the term `debt relief' shall include any and
all debt prepayment, debt rescheduling, and debt restructuring proposals
and agreements.
MIDDLE EAST REGIONAL COOPERATION AND ISRAELI-ARAB SCHOLARSHIPS

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carried out in accordance with section 202(c) of the International Security
and Development Cooperation Act of 1985 shall continue to be funded at a
level of not less than $7,000,000 from funds appropriated under the heading
`Economic Support Fund'.
(b) Of the funds made available under the heading `Economic Support Fund',
$5,000,000 shall be available only for a grant to assist in capitalizing an
endowment whose income will be used for scholarships to enable Israeli Arabs
to attend institutions of higher education in the United States: Provided,
That such endowment and scholarship program shall be administered by an
organization located in the United States: Provided further, That a grant may
be made to capitalize such endowment only if private sector contributions
of at least $5,000,000 have been made by September 30, 1990, to assist in
capitalizing the endowment: Provided further, That if the requirement for
private sector contributions is not met, funds earmarked for the purpose of
the endowment shall be reprogrammed within the Economic Support Fund account.
MEMBERSHIP DESIGNATION IN ASIAN DEVELOPMENT BANK

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Government should use its influence in the Asian Development Bank to
secure reconsideration of that institution's decision to designate Taiwan
(the Republic of China) as `Taipei, China'. It is further the sense of the
Congress, that the Asian Development Bank should resolve this dispute in
a fashion that is acceptable to Taiwan (the Republic of China).
DEPLETED URANIUM

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available to facilitate in any way the sale of M-833 antitank shells or
any comparable antitank shells containing a depleted uranium penetrating
component to any country other than (1) countries which are members of
NATO, (2) countries which have been designated as a major non-NATO ally
for purposes of section 1105 of the National Defense Authorization Act
for Fiscal Year 1987 or, (3) Pakistan.
EARMARKS

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reprogrammed for other programs within the same account notwithstanding the
earmark if compliance with the earmark is made impossible by operation of
any provision of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United States with
base rights or base access in that country, if the President determines that
the recipient for which funds are earmarked has significantly reduced its
military or economic cooperation with the United States since enactment of
the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 1989; however, before exercising the authority of this section with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States,
the President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any such
reprogramming shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That assistance that
is reprogrammed pursuant to this section shall be made available under
the same terms and conditions as originally provided.
HAITI

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the funds made available by this Act or by any other Act or joint resolution
may be obligated or expended to provide United States assistance (including
any such assistance appropriated and previously obligated) for Haiti (other
than the assistance described in subsection (b) of this section) unless the
Government of Haiti has embarked upon a credible transition to democracy--
(1) by restoring the 1987 Constitution;
(2) by appointing a genuinely independent electoral commission to conduct
free, fair, and open elections as soon as possible at all levels, and by
giving that commission adequate support; and
(3) by taking adequate steps to provide electoral security.
(b) EXCEPTIONS- The term `United States assistance' does not include--
(1) assistance, provided through private and voluntary organizations or
other nongovernmental agencies, to meet humanitarian and developmental
needs or to promote respect for human rights and the transition to democracy;
(2) disaster relief assistance (including any assistance under chapter 9
of part I of the Foreign Assistance Act of 1961);
(3) assistance for refugees;
(4) assistance under the Inter-American Foundation Act; the Peace Corps
Act; and under title IV, chapter 2 of part I, of the Foreign Assistance
Act of 1961 (relating to the Overseas Private Investment Corporation);
(5) assistance necessary for the continued financing of education for
Haitians in the United States;
(6) assistance provided in order to enable the continuation of migrant
and narcotics interdiction operations;
(7) assistance to a genuinely independent electoral commission that
is responsible for the holding of elections consistent with the 1987
Constitution;
(8) assistance for the prevention of HIV infection and the control of
Haiti's AIDS epidemic and for family planning assistance; or
(9) assistance necessary for the control and eradication of swine flu.
(c) NOTIFICATIONS- None of the funds appropriated in this Act shall be
obligated or expended for Haiti except as provided through the regular
notification procedures of the Committees on Appropriations.
(d) DETERMINATION- Funds may be obligated and expended notwithstanding
subsection (a) if the President determines that it is in the national
interest of the United States to do so.
ASSISTANCE FOR PANAMA

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(1) the Government of Panama has demonstrated substantial progress in
assuring civilian control of the armed forces and that the Panama Defense
Forces and its leaders have been removed from nonmilitary activities and
institutions;
(2) an impartial investigation into allegations of illegal actions by
members of the Panama Defense Force is being conducted;
(3) a satisfactory agreement has been reached between the governing
authorities and representatives of the opposition forces on conditions
for free and fair elections; and
(4) freedom of the press and other constitutional guarantees, including
due process of law, are being restored to the Panamanian people;
then no United States assistance (including any such assistance appropriated
and previously obligated) shall be obligated or expended for programs,
projects, or activities which assist or lend support for the Noriega regime,
or ministries of government under the control of the Noriega regime, or any
successor regime that does not meet the criteria specified in subsection (a)
of this section in this fiscal year and any fiscal year thereafter, and none
of the funds appropriated or otherwise made available in this Act, or any
other Act, shall be used to finance any participation of the United States
in joint military exercises conducted in Panama during the fiscal year 1990.
(b) It is the sense of the Congress that if the conditions described
in paragraphs (1) through (4) of subsection (a) have been certified as
having been met, then not only will United States assistance be restored,
but increased levels of such assistance should be considered for Panama.
(c) For purposes of this section, the term `United States assistance'
means assistance of any kind which is provided by grant, sale, loan, lease,
credit, guaranty, or insurance, or by any other means, by any agency or
instrumentality of the United States Government, including--
(1) assistance under the Foreign Assistance Act of 1961 (including programs
under title IV of chapter 2 of part I of such Act);
(2) sales, credits, and guarantees under the Arms Export Control Act;
(3) sales under title I or III and donations under title II of the
Agricultural Trade Development and Assistance Act of 1954 of nonfood
commodities;
(4) other financing programs of the Commodity Credit Corporation for export
sales of nonfood commodities;
(5) financing under the Export-Import Bank Act of 1945; and
(6) assistance provided by the Central Intelligence Agency or assistance
provided by any other entity or component of the United States Government
if such assistance is carried out in connection with, or for purposes of
conducting, intelligence or intelligence-related activities except that
this shall not include activities undertaken solely to collect necessary
intelligence;
except that the term `United States assistance' does not include (A) assistance
under chapter 1 of part I of the Foreign Assistance Act of 1961 insofar as such
assistance is provided through private and voluntary organizations or other
nongovernmental agencies, (B) assistance which involves the donations of food
or medicine, (C) disaster relief assistance (including any assistance under
chapter 9 of part I of the Foreign Assistance Act of 1961), (D) assistance
for refugees, (E) assistance under the Inter-American Foundation Act, (F)
assistance necessary for the purpose of continuing participant training
programs (including scholarships) already being supported as of the date
of any prohibition of assistance otherwise applicable to Panama, or (G)
assistance made available for termination costs arising from the requirements
of this section.
(d) The Secretary of the Treasury shall instruct the United States Executive
Directors to the International Financial Institutions (the International Bank
for Reconstruction and Development, the International Finance Corporation,
and the Inter-American Development Bank) to vote against any loan to
Panama, unless the President has certified in advance that the conditions
set forth in subsection (a) of this section have been met.
ELIMINATION OF THE SUGAR QUOTA ALLOCATION OF PANAMA

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sugars, sirups, or molasses that are products of Panama may be imported
into the United States after the date of enactment of this Act during any
period for which a limitation is imposed by authorities provided under
any other law on the total quantity of sugars, sirups, and molasses that
may be imported into the United States: Provided, That such products may
be imported after the beginning of the last week of any quota year if
the President certifies that for the entire duration of the quota year,
freedom of the press and other constitutional guarantees, including due
process of law, have been restored to the Panamanian people.
(b) REALLOCATION OF QUOTA AMOUNTS- For any quota year for which the President
does not certify for the entire duration of the quota year, freedom of the
press and all other constitutional guarantees, including due process of law,
have been restored to the Panamanian people, no later than the last week
of such quota year, the United States Trade Representative shall reallocate
among other foreign countries (but, primarily, among beneficiary countries of
the Caribbean Basin Initiative and Bolivia) the quantity of sugar, sirup,
and molasses products of Panama that could have been imported into the
United States before the date of enactment of this Act under any limitation
imposed by other law on the total quantity of sugars, sirups, and molasses
that may be imported into the United States during any period: Provided,
That no one country may receive more than 20 per centum of such reallocation.
(c) CERTIFICATION- The provisions of subsections (a) and (b), and the
amendments made by subsection (c) of section 571 of the Foreign Operations,
Export Financing, and Related Programs, Appropriations Act, 1988, shall
cease to apply if the President certifies to Congress pursuant to section
561(a) of this Act.
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY INTERNATIONAL FINANCIAL
INSTITUTIONS

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Secretary of the Treasury shall instruct the United States Executive
Director of each international financial institution to vote against any
loan or other use of the funds of the respective institution to or for a
country for which the Secretary of State has made a determination under
section 6(j) of the Export Administration Act of 1979.
(b) DEFINITION- For purposes of this section, the term `international
financial institution' includes--
(1) the International Bank for Reconstruction and Development, the
International Development Association, and the International Monetary
Fund; and
(2) wherever applicable, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, and the African Development
Fund.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

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appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to fiscal year 1990, shall not be made available to any country
which the President determines--
(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism, or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or humanitarian
reasons justify such waiver. The President shall publish each waiver in the
Federal Register and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
DETENTION OF CHILDREN

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children without charge or trial is unjust, inhumane, and is an affront
to civilized principles. The Congress further believes that it should
be the policy of the United States to make the ending of the practice
of detaining children without charge or trial a matter of the highest
priority. Therefore, the Congress believes the Secretary of State should
convey to all international organizations that ending the practice of
detaining children without charge or trial should be a policy of the
highest priority for those organizations.
MILITARY ASSISTANCE TO MOZAMBIQUE

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appropriated or otherwise made available pursuant to this Act may be used
to provide military assistance to Mozambique.
HONDURAS--RAMIREZ CASE

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contained in section (j) under the heading `Assistance for Central America'
enacted in Public Law 100-71, the Honduran Government appears to have made
a reasonable and good faith settlement offer based on a factual analysis
by third parties, and the owner of the property in question is strongly
encouraged to accept the proposed settlement. Therefore, notwithstanding
the provisions of such section, $5,000,000 of the Economic Support Fund
assistance made available by Public Law 100-71 for Honduras but withheld
from expenditure shall be available for expenditure upon enactment of this
Act: Provided, That if a settlement is reached on the property in question,
then the additional $10,000,000 withheld from expenditure pursuant to such
section shall then be available for expenditure.
SOUTH AFRICA--SCHOLARSHIPS

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`Economic Support Fund', not less than $10,000,000 shall be made available
for scholarships for disadvantaged South Africans.
NARCOTICS CONTROL PROGRAM

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`Economic Support Fund' $69,000,000 may be made available for Bolivia,
Ecuador, Jamaica, and Peru.
(2) Of the funds appropriated by this Act under the heading `Foreign Military
Financing Program', $35,000,000 may be made available for Bolivia, Ecuador,
Jamaica, and Colombia.
(3) Of the funds appropriated by this Act under the heading `Foreign Military
Financing Program', $3,500,000 shall be made available in accordance
with the general authorities contained in section 481(a) of the Foreign
Assistance Act of 1961, only for the procurement of weapons or ammunition
for foreign law enforcement agencies, and paramilitary units organized
for the specific purposes of narcotics enforcement, for use in narcotics
control, eradication, and interdiction efforts: Provided, That funds made
available under this paragraph shall be made available only for Bolivia,
Peru, Colombia, Ecuador, and shall be in addition to any amounts provided
for the countries contained in paragraph (2) of this subsection.
(4) Of the funds appropriated by this Act to carry out the provisions of
section 481 of the Foreign Assistance Act of 1961, not less than $500,000
shall be made available to finance the testing and use of safe and effective
herbicides for use in the aerial eradication of coca.
(5) Of the funds appropriated by this Act under the heading `Foreign
Military Financing Program', $1,000,000 shall be made available to arm,
for defensive purposes, aircraft used in narcotics control, eradication
or interdiction efforts: Provided, That such funds may only be used to
arm aircraft already in the inventory of the recipient country, and may
not be used for the purchase of new aircraft.
(6)(A) Of the funds appropriated by this Act to carry out the provisions
of section 541 of the Foreign Assistance Act of 1961, up to $2,000,000,
except through the regular notification procedures of the Committees on
Appropriations, may be made available for Bolivia, Peru, Colombia, and
Ecuador, notwithstanding section 660 of such Act, for--
(i) education and training in the operation and maintenance of equipment
used in narcotics control interdiction and eradication efforts; and
(ii) the expenses of deploying, upon the request of the government of
such foreign country, Department of Defense mobile training teams in that
foreign country to conduct training in military-related individual and
collective skills that will enhance that country's ability to conduct
tactical operations in narcotics interdiction.
(B) Education and training under this paragraph may be provided only for
foreign law enforcement agencies, or other units, that are organized for
the specific purpose of narcotics enforcement.
(7) Funds made available under this subsection shall be available for
obligation consistent with the provisions of section 481(h) of the Foreign
Assistance Act of 1961 (relating to International Narcotics Control)
except as provided in paragraph (3) of this subsection.
(b) None of the funds appropriated or otherwise made available under this
Act may be available for any country during any three-month period beginning
on or after October 1, 1989, immediately following a certification by the
President to the Congress that the government of such country is failing
to take adequate measures (including satisfying the goals agreed to in
applicable bilateral narcotics agreements as defined in section 481(h)(2)(B)
of the Foreign Assistance Act of 1961) to prevent narcotic drugs or other
controlled substances (as listed in the schedules in section 202 of the
Comprehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812))
which are cultivated, produced, or processed illicitly, in whole or in
part, in such country, or transported through such country from being sold
illegally within the jurisdiction of such country to United States Government
personnel or their dependents or from entering the United States unlawfully.
(c) In making determinations with respect to Bolivia, Colombia, Ecuador,
and Peru pursuant to section 481(h)(2)(A)(i) of the Foreign Assistance
Act of 1961, the President shall take into account the extent to which
the Government of each country is sufficiently responsive to United States
Government concerns on coca control and whether the provision of assistance
for that country is in the national interest of the United States.
(d)(1) If any funds made available for any fiscal year for security
assistance are not used for assistance for the country for which those funds
were allocated because of any 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:
(A) Those funds may be transferred to and consolidated with the funds
made available to carry out section 481 of the Foreign Assistance Act
of 1961 in order to provide additional narcotics control assistance for
those countries. Funds transferred under this paragraph may only be used
to provide increased funds 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 of the Foreign
Assistance Act.
(B) Any such funds not used under subparagraph (A) shall be reprogrammed
within the account for which they were appropriated (subject to the regular
reprogramming procedures of the Committees on Appropriations) in order to
provide additional security assistance for those countries.
(2) As used in this section, the term `security assistance' means economic
support fund assistance, foreign military financing, and international
military education and training.
(e) Of the funds appropriated under title II of this Act for the Agency
for International Development, up to $10,000,000 should be made available
for narcotics education and awareness programs (including public diplomacy
programs) of the Agency for International Development, and $40,000,000 of
the funds appropriated under title II of this Act should be made available
for narcotics related economic assistance activities.
(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.
TURKISH AND GREEK MILITARY FORCES ON CYPRUS

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the United States Munitions List (established pursuant to section 38 of
the Arms Export Control Act) entered into by the United States after the
enactment of this section shall expressly state that the article is being
provided by the United States only with the understanding that it will
not be transferred to Cyprus or otherwise used to further the severance or
division of Cyprus. The President shall report to Congress any substantial
evidence that equipment provided under any such agreement has been used
in a manner inconsistent with the purposes of this section.
COMMERCIAL LEASING OF DEFENSE ARTICLES

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regular notification requirements of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel and Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national security
reasons for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
CAMBODIAN NONCOMMUNIST RESISTANCE FORCES

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for the Cambodian non-Communist resistance forces, not to exceed $7,000,000
may be made available for such purpose, and such funds shall be derived from
funds appropriated under the headings `Foreign Military Financing Program'
and `Economic Support Fund', and shall be made available notwithstanding
any other provision of law: Provided, That funds made available for this
purpose shall be obligated in accordance with the provisions of section
906 of the International Security and Development Cooperation Act of 1985
(Public Law 99-83): Provided further, That, to the maximum extent possible,
all funds made available under the authority of this section shall be
administered directly by the United States Government.
MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN COUNTRIES

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(1) NATO SOUTHERN FLANK COUNTRIES- The President may transfer--
(A) to any NATO southern flank country which is eligible for United
States security assistance and which is integrated into NATO's military
structure; and
(B) to any major non-NATO ally on the southern and southeastern flank
of NATO which is eligible for United States security assistance, such
excess defense articles as may be necessary to help modernize the defense
capabilities of such country.
(2) MAJOR ILLICIT DRUG PRODUCING COUNTRIES- Subject to subsection (f),
the President may transfer to any country--
(A) which is a major illicit drug producing country,
(B) which has a democratic government, and
(C) whose armed forces do not engage in a consistent pattern of gross
violations of internationally recognized human rights, such excess defense
articles as may be necessary to carry out subsection (f)(1).
(3) TERMS OF TRANSFERS- Excess defense articles may be transferred under
this section without cost to the recipient country.
(b) LIMITATIONS ON TRANSFERS- The President may transfer excess defense
articles under this section only if--
(1) they are drawn from existing stocks of the Department of Defense;
(2) funds available to the Department of Defense for the procurement of
defense equipment are not expended in connection with the transfer; and
(3) the President determines that the transfer of the excess defense
articles will not have an adverse impact on the military readiness of the
United States.
(c) Notification to Congress-
(1) ADVANCE NOTICE- The President may not transfer excess defense articles
under this section until thirty days after the President has provided
notice of the proposed transfer to the committees specified in paragraph
(2). This notification shall include--
(A) a certification of the need for the transfer;
(B) an assessment of the impact of the transfer on the military readiness
of the United States; and
(C) the value of the excess defense articles to be transferred.
(2) COMMITTEES TO BE NOTIFIED- Notice shall be provided pursuant to
paragraph (1) to the Committee on Foreign Affairs, and the Committee
on Appropriations of the House of Representatives and the Committee on
Armed Services, the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate.
(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD EXPENSES- Section
632(d) of the Foreign Assistance Act of 1961 does not apply with respect
to transfers of excess defense articles under this section.
(e) Maintenance of Military Balance in Eastern Mediterranean-
(1) UNITED STATES POLICY- The Congress intends that excess defense articles
be made available under this section consistent with the United States
policy, established by section 841 of the International Cooperation Act
of 1989, of maintaining the military balance in the Eastern Mediterranean.
(2) MAINTENANCE OF BALANCE- Accordingly, the President shall ensure that,
over the three-year period beginning on October 1, 1989, the ratio of--
(A) the value of excess defense articles made available for Turkey under
this section, to
(B) the value of excess defense articles made available for Greece under
this section, closely approximates the ratio of--
(i) the amount of foreign military financing provided for Turkey, to
(ii) the amount of foreign military financing provided for Greece.
(3) EXCEPTION TO REQUIREMENT- This subsection shall not apply if either
Greece or Turkey ceases to be eligible to receive excess defense articles
under subsection (a).
(f) Major Illicit Drug Producing Countries in Latin America and the
Caribbean-
(1) PURPOSE- Excess defense articles shall be transferred under subsection
(a)(2) for the purpose of encouraging the military forces of an eligible
country in Latin America and the Caribbean to participate with local law
enforcement agencies in a comprehensive national antinarcotics program,
conceived and developed by the government of that country, by conducting
activities within that country and on the high seas to prevent the
production, processing, trafficking, transportation, and consumption of
illicit narcotic or psychotrophic drugs or other controlled substances.
(2) USES OF EXCESS DEFENSE ARTICLES- Excess defense articles may be
furnished to a country under subsection (a)(2) only if that country
ensures that those excess defense articles will be used only in support
of antinarcotics activities.
(3) ROLE OF THE SECRETARY OF STATE- The Secretary of State shall determine
the eligibility of countries to receive excess defense articles under
subsection (a)(2) and insure that any transfer is coordinated with other
antinarcotics enforcement programs assisted by the United States Government.
(4) LIMITATION- The aggregate value of excess defense articles transferred
to a country under subsection (a)(2) in any fiscal year may not exceed
$10,000,000.
(g) DEFINITIONS- As used in this section--
(1) the term `excess defense article' has the meaning given that term by
section 644(g);
(2) the term `made available' means that a good faith offer is made by
the United States to furnish the excess defense articles to a country;
(3) the term `major non-NATO ally' includes Australia, Egypt, Israel,
Japan, and New Zealand;
(4) the term `NATO' means the North Atlantic Treaty Organization; and
(5) the term `NATO southern flank countries' means Greece, Italy, Portugal,
Spain, and Turkey.
COMPETITIVE INSURANCE

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solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States marine insurance companies
have a fair opportunity to bid for marine insurance when such insurance
is necessary or appropriate.
PAY RAISES

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programs funded by this Act shall be absorbed within the levels appropriated
in this Act.
IRELAND

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or otherwise made available for the International Fund for Ireland, the
Board of the International Fund for Ireland should give great weight in
the allocation of such funds to projects which will create permanent,
full time jobs in the areas that have suffered most severely from the
consequences of the instability of recent years. Areas that have suffered
most severely from the consequences of the instability of recent years
shall be defined as areas that have high rates of unemployment.
ASSISTANCE TO AFGHANISTAN

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or for the United States proportionate share of programs funded under the
heading `International Organizations and Programs', for assistance to be
provided inside Afghanistan if that assistance would be provided through
the Soviet-controlled government of Afghanistan. This section shall not
be construed as limiting the United States contributions to international
organizations for humanitarian assistance.
EL SALVADOR ECONOMIC SUPPORT FUNDS

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available for El Salvador by this Act shall be used for projects and
activities in accordance with the provisions applicable to assistance
under chapter 1 of part I of the Foreign Assistance Act of 1961.
DISADVANTAGED ENTERPRISES

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International Development of the Foreign Assistance Act of 1961 determines
otherwise, not less than 10 percent of the aggregate amount made available
for the fiscal year 1990 for development assistance and assistance for
famine recovery and development in Africa shall be made available only
for activities of United States organizations and individuals that are--
(1) business concerns owned and controlled by socially and economically
disadvantaged individuals,
(2) historically black colleges and universities,
(3) colleges and universities having a student body in which more than 40
percent of the students are Hispanic American, and
(4) private voluntary organizations which are controlled by individuals
who are socially and economically disadvantaged.
(b)(1) In addition to other actions taken to carry out this section,
the actions described in paragraphs (2) through (5) shall be taken with
respect to development assistance and assistance for famine recovery and
development in Africa for fiscal year 1990.
(2) Notwithstanding any other provision of law, in order to achieve the
goals of this section, the Administrator--
(A) to the maximum extent practicable, shall utilize the authority of
section 8(a) of the Small Business Act (15 U.S.C. 637(a));
(B) to the maximum extent practicable, shall enter into contracts with
small business concerns owned and controlled by socially and economically
disadvantaged individuals--
(i) using less than full and open competitive procedures under such terms
and conditions as the Administrator deems appropriate, and
(ii) using an administrative system for justifications and approvals that,
in the Administrator's discretion, may best achieve the purpose of this
section; and
(C) shall issue regulations to require that any contract in excess of
$500,000 contain a provision requiring that no less than 10 percent of
the dollar value of the contract be subcontracted to entities described
in subsection (a), except--
(i) to the extent the Administrator determines otherwise on a case-by-case
or category-of-contract basis; and
(ii) this subparagraph does not apply to any prime contractor that is an
entity described in subsection (a).
(3) Each person with contracting authority who is attached to the agency's
headquarters in Washington, as well as all agency missions and regional
offices, shall notify the agency's Office of Small and Disadvantaged
Business Utilization at least 7 business days before advertising a contract
in excess of $100,000, except to the extent that the Administrator determines
otherwise on a case-by-case or category-of-contract basis.
(4) The Administrator shall include, as part of the performance evaluation
of any mission director of the agency, the mission director's efforts to
carry out this section.
(5) The Administrator shall submit to the Congress annual reports on the
implementation of this section. Each such report shall specify the number
and dollar value or amount (as the case may be) of prime contracts,
subcontracts, grants, and cooperative agreements awarded to entities
described in subsection (a) during the preceding fiscal year.
(6) The Administrator shall issue interim regulations to carry out this
section within ninety days after the date of the enactment of this Act
and final regulations within one hundred and eighty days after that date.
(c) As used in this section, the term `socially and economically
disadvantaged individuals' has the same meaning that term is given for
purposes of section 133(c)(5) of the International Development and Food
Assistance Act of 1977, except that the term includes women.
STINGERS IN THE PERSIAN GULF REGION

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sell or otherwise make available any Stingers to any country bordering
the Persian Gulf under the Arms Export Control Act or chapter 2 of part
II of the Foreign Assistance Act of 1961.
stingers for bahrain

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section 573(b)(4) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988, and section 566(b)(4) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 1989,
shall cease to apply with respect to Stingers made available to Bahrain under
those sections if the President determines, and notifies the Committees
on Appropriations and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate, that--
(1) the Stingers are needed by Bahrain to counter an immediate air threat
or to contribute to the protection of United States personnel, facilities,
equipment, or operations;
(2) no other appropriate system is available from the United States;
(3) Bahrain has agreed, in writing, to such safeguards to protect against
diversion of the Stingers as may be required by the United States; and
(4) Bahrain has agreed in writing to return to the possession and control
of the United States all Stingers made available under those sections
and subsection (b) of this section, other than Stingers which have been
fired or otherwise destroyed, at any time the United States determines,
subject to subsection (c).
(b) REPLACEMENT STINGERS- Notwithstanding section 580, Stingers may be
made available to Bahrain under the Arms Export Control Act or the Foreign
Assistance Act of 1961 after September 30, 1989, in order to replace, on a
one-for-one basis, Stingers previously made available under this subsection,
section 573 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988, or section 566 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989, that have been
fired or otherwise destroyed, subject to the following conditions:
(1) DETERMINATIONS- Replacement Stingers may be made available to Bahrain
pursuant to this subsection only if the President makes the determinations
specified in paragraphs (1) through (4) of subsection (a).
(2) NOTICE TO CONGRESS BEFORE STINGERS ARE TRANSFERRED- At least 30 days
before making any replacement Stingers available to Bahrain pursuant to
this subsection, the President shall notify the committees designated in
subsection (a) that he has made the determinations required by paragraph
(1). Any such notification shall include the information required in a
certification under section 36(b) of the Arms Export Control Act. This
paragraph applies without regard to the value of the Stingers to be made
available.
(c) RETURN OF STINGERS TO THE UNITED STATES- All Stingers made available
to Bahrain pursuant to subsections (a) and (b), other than those fired or
otherwise destroyed, shall be returned to the possession and control of
the United States not later than September 30, 1991, unless the President--
(1) determines that each of the conditions specified in subsection (a)
continues to apply; and
(2) notifies the committees designated in subsection (a) not later than
September 15, 1991, in accordance with the regular reprogramming procedures
of such committees, that the United States intends to waive the requirement
that the Stingers be returned to the United States by the date specified
in the subsection.
PROHIBITION ON LEVERAGING AND DIVERSION OF UNITED STATES ASSISTANCE

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any foreign government (including any instrumentality or agency thereof),
foreign person, or United States person in exchange for that foreign
government or person undertaking any action which is, if carried out
by the United States Government, a United States official or employee,
expressly prohibited by a provision of United States law.
(b) For the purposes of this section the term `funds appropriated by
this Act' includes only (1) assistance of any kind under the Foreign
Assistance Act of 1961; and (2) credits, and guaranties under the Arms
Export Control Act.
(c) Nothing in this section shall be construed to limit--
(1) the ability of the President, the Vice President, or any official
or employee of the United States to make statements or otherwise express
their views to any party on any subject;
(2) the ability of an official or employee of the United States to express
the policies of the President; or
(3) the ability of an official or employee of the United States to
communicate with any foreign country government, group or individual, either
directly or through a third party, with respect to the prohibitions of
this section including the reasons for such prohibitions, and the actions,
terms, or conditions which might lead to the removal of the prohibitions
of this section.
APPROPRIATIONS OF EXCESS CURRENCIES

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shall not be waived to carry out the provisions of the Foreign Assistance
Act of 1961 by any provision of law enacted after the date of enactment
of this Act unless such provision makes specific reference to this section.
DEBT-FOR-DEVELOPMENT

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organizations in economic assistance activities under the Foreign Assistance
Act of 1961, including debt-for-development and debt-for-nature exchanges,
a nongovernmental organization may invest local currencies which accrue
to that organization as a result of economic assistance provided under the
heading `Agency for International Development' and any interest earned on
such investment may be used, including for the establishment of an endowment,
for the purpose for which the assistance was provided to that organization.
LEBANON

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of part I and chapter 4 of part II of the Foreign Assistance Act of 1961
not less than $7,500,000 shall be made available for Lebanon: Provided,
That such funds may be provided in accordance with the general authorities
contained in section 491 of the Foreign Assistance Act of 1961.
JOB-RELATED CRIMES

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by inserting at the end thereof the following sentence: `Notwithstanding
the first sentence of this paragraph, the Board's authority to suspend such
action shall not extend to instances where the Secretary, or his designee,
has determined that there is reasonable cause to believe that a grievant
has committed a job-related crime for which a sentence of imprisonment
may be imposed and has taken action to suspend the grievant without pay
pending a final resolution of the underlying matter.'.
(b) Section 610(a) of the Foreign Service Act of 1980 is amended by
inserting the following new paragraphs:
`(3) Notwithstanding the hearing required by this section, or procedures
under any other provision of law, where there is reasonable cause to believe
that a member has committed a crime for which a sentence of imprisonment
may be imposed, and there is a nexus to the efficiency of the Service,
the Secretary, or his designee, may suspend such member without pay pending
final resolution of the underlying matter, subject to reinstatement with back
pay if cause for separation is not established in a hearing before the Board.
`(4) Any member suspended pursuant to subsection (a)(3) of this section
shall be entitled to--
`(A) advance written notice of the specific reasons for such suspension,
including the grounds for reasonable cause to believe a crime has been
committed;
`(B) a reasonable time, not less than seven days, to answer orally and
in writing;
`(C) be represented by an attorney or other representative; and
`(D) a final written decision.
`(5) Any member suspended pursuant to subsection (a)(3) of this section
shall be entitled to grieve such action in accordance with procedures
applicable to grievances under chapter 11. The Board review, however, shall
be limited only to a determination of whether there exists reasonable cause
to believe a crime has been committed for which a sentence of imprisonment
may be imposed, and whether there is a nexus between the conduct and the
efficiency of the Service.'.
(c) For purposes of the amendments made by subsections (a) and (b) of
this section, reasonable cause to believe that a member has committed
a crime for which a sentence of imprisonment may be imposed shall be
defined as a member of the Service having been convicted of, and sentence
of imprisonment having been imposed for, a job-related crime.
LOCATION OF STOCKPILES

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Thailand, a country which is a member of the North Atlantic Treaty
Organization, or a country which is a major non-NATO ally, no stockpile
may be located outside the boundaries of a United States military base or
a military base used primarily by the United States.
(b) Section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h)
is amended--
(1) in subsection (b)(1), by striking out `greater than' and inserting in
lieu thereof `that'; and
(2) in subsection (b)(2), by striking out `$77,000,000 for fiscal year 1989'
and inserting in lieu thereof `$165,000,000 for fiscal year 1990'.
HONG KONG

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of State should convey to the People's Republic of China and the United
Kingdom strong concerns over the absence of full direct elections in the
colony and lack of independent human rights guarantees in the draft Basic
Law, pending the colony's scheduled reversion to China in 1997.
RESCISSION

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Financing, and Related Programs Appropriations Act, 1989, under the heading
`Economic Support Fund', $50,000,000 of such funds are hereby rescinded:
Provided, That such rescission may be derived only from unearmarked funds
and funds earmarked under such heading for Sub-Saharan Africa and allocated
for Sudan, Somalia, and Liberia.
WEST BANK SCHOOLS

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schools on the West Bank beginning July 22, 1989.
The Congress expresses the hope that all schools will be opened at an
early date and will remain open, will not be used for political purposes,
and will be respected and regarded as places of learning, not as places
from which to further violent activity.
ASSISTANCE FOR PAKISTAN

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striking out `April 1, 1990' and inserting in lieu thereof `April 1, 1991'.
SEPARATE ACCOUNTS

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furnished to the government of a foreign country under chapter 1 of part I
(including assistance for Sub-Saharan Africa) or chapter 4 of part II of
the Foreign Assistance Act of 1961 under arrangements which result in the
generation of local currencies of that country, the Administrator of the
Agency for International Development shall--
(A) require that local currencies be deposited in a separate account
established by that government;
(B) enter into an agreement with that government which sets forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so deposited may
be utilized, consistent with this section; and
(C) established by agreement with that government the responsibilities of
the Agency for International Development and that government to monitor
and account for deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant
to subsection (a), or an equivalent amount of local currencies, shall be
used only--
(A) to carry out chapter 1 of part I or chapter 4 of part II (as the case
may be), or
(B) for the administrative requirements of the United States Government.
(3) PROGRAMMING ACCOUNTABILITY- The Agency for International Development
shall take all appropriate steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are used for
the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance to
a country under chapter 1 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of for
such purposes as may be agreed to by the government of that country and
the United States Government.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS- (1) If assistance is made
available to the government of a foreign country, under chapter 1 of part
I (including assistance for Sub-Saharan Africa) or chapter 4 of part II
of the Foreign Assistance Act of 1961, as cash transfer assistance or as
nonproject sector assistance, that country shall be required to maintain
such funds in a separate account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be obligated
and expended notwithstanding provisions of law which are inconsistent with
the nature of this assistance including provisions which are referenced in
the Joint Explanatory Statement of the Committee of Conference accompanying
House Joint Resolution 648 (H. Report No. 98-1159).
(3) NOTIFICATION- At least fifteen days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees
on Appropriations, which shall include a detailed description of how the
funds proposed to be made available will be used, with a discussion of the
United States interests that will be served by the assistance (including,
as appropriate, a description of the economic policy reforms that will be
promoted by such assistance).
(4) EXEMPTION- Nonproject sector assistance funds may be exempt from the
requirements of subsection (b)(1) only through the notification procedures
of the Committees on Appropriations.
global reduction of proverty

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basis is a fundamental goal of United States foreign assistance. Therefore,
to measure progress toward that goal, the Administrator of the Agency
for International Development shall, in consultation with the Congress
and other appropriate governmental agencies and nongovernmental agencies
and nongovernmental organizations, establish a system of quantitative and
qualitative indicators of poverty reduction, which shall be established on
a country-by-country basis. These indicators shall include the percentage
of persons living below the absolute poverty level, rates of infant and
child mortality, rates of literacy for men and women, per capita income
and purchasing power, rate of employment, and other factors measuring
poverty reduction and economic growth as the Administrator of the Agency
for International Development shall deem appropriate.
(b) As part of its annual congressional presentation to Congress, the
Agency for International Development shall identify those poverty reduction
objectives that have been set for each country receiving development
assistance, and the progress that has been achieved in past years and
future steps to be taken to achieve them.
INTERNATIONAL MONETARY FUND

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Executive Director to the International Monetary Fund (IMF) to regularly
and vigorously promote the following policy and staffing changes through
formal initiatives before the Board and management of the IMF and through
bilateral discussions with other member nations:
(1) The addition to the IMF's staff of natural resource experts,
and development economists trained in analyzing the linkages between
macroeconomic conditions and the short- and long-term impacts on sustainable
management of natural resources.
(2) In a manner consistent with the purposes of the IMF, the establishment in
the IMF of a systematic process to review in advance, and take into account
in policy formation, projected impacts of each IMF lending agreement on
the long-term sustainable management of natural resources, the environment,
public health and poverty.
(3) The creation of criteria to consider concessional and favorable lending
terms to promote sustainable management of natural resources. Such capacity
should seek the reduction of the debt burden of developing countries in
recognition of domestic investments in conservation and environmental
management.
(b) The Secretary of the Treasury shall prepare an annual report to the
Congress on the progress made by the United States Executive Director to
the IMF in implementing the reforms encompassed in this section.
EL SALVADOR

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in El Salvador, the Congress hereby--
(1) welcomes the negotiating process set in motion on September 13, 1989
in Mexico City by the Government of El Salvador and the leadership of the
Farabundo Marti National Liberation Front and the expressed willingness
of both parties to continue this process;
(2) urges the parties to these negotiations to achieve, as quickly as
possible--
(A) a cessation of hostilities; and
(B) an overall political settlement of the ten-year old conflict; and
(3) calls upon the Secretary of State to consult frequently with the
Congress on the status of the Salvadoran negotiations and on the efforts
being undertaken by the President to support these negotiations.
CENTRAL AMERICAN DEVELOPMENT COORDINATION COMMISSION

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assistance funds made available to the Central America region should be
channeled through regional institutions which have strong participation
in decision-making by Central Americans to ensure adequate coordination
among donors.
(b) ASSISTANCE FOR CADCC- Upon the request of the governments of Central
America, the President shall provide appropriate support and assistance in
the development of a coordination mechanism agreed to by the governments
of Central America, which shall be designated as the Central American
Development Coordination Commission (CADCC). In providing such support and
assistance, the President shall, in concert with the governments of Central
America, with other nations providing assistance, with the United Nations,
and with other concerned international and regional organizations--
(1) encourage and participate in the creation of a multi-donor,
multi-sectoral coordinating mechanism known as the CADCC; and
(2) provide not less than $500,000 or more than $1,000,000 of funds
appropriated to carry out chapter 4 of part II of the Foreign Assistance Act
of 1961 (relating to the Economic Support Fund) to be used to assist in the
implementation of such Commission, and United States participation therein.
(c) FACTORS IN ESTABLISHING CADCC- In establishing the CADCC, consideration
should be given to:
(1) involving representatives from both the public and private sectors,
including representatives from the trade unions and business communities,
and nongovernmental organizations at the regional level;
(2) involving regional institutions and multi-lateral organizations
such as the Inter-American Bank, the Central American Bank for Economic
Integration (CABEI), the Central American Monetary Council (CMCA), the
Economic Commission for Latin America (ECLAC), the International Bank for
Reconstruction and Development, and the United Nations in project design,
implementation, and coordination; and
(3) establishing in each country a National Recovery and Development
Commission, modeled after the National Reconciliation Commissions called
for in the Esquipulas II Accords agreed to by the presidents of the five
countries of Central America in Guatemala on August 6-7, 1987.
(d) SECRETARIAT OF THE CADCC- The United Nations Development Programme
shall be designated as the social service and refugee and displaced persons
technical assistance secretariat for the CADCC.
(e) ELIGIBILITY FOR ASSISTANCE- The President is authorized to furnish
assistance under this section to each country in Central America which is
in compliance with the Esquipulas II Accords.
(f)(1) ENCOURAGEMENT OF MULTILATERAL CONTRIBUTIONS- The Congress urges
the President to take the necessary steps to encourage and secure
greater international cooperation in, and support for, implementing the
recommendations of the International Commission for Central American
Recovery and Development.
(2) It is the sense of the Congress that, in carrying out paragraph (1),
the President should exert leadership in multilateral and regional forums,
and at economic summits to further a multidonor, multisector solution to
the crisis in Central America.
ELIGIBILITY OF POLAND AND HUNGARY FOR OVERSEAS PRIVATE INVESTMENT CORPORATION

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1961 is amended by inserting `Poland, Hungary,' after `Yugoslavia,'.
(b) PARTICIPATION BY NONGOVERNMENTAL SECTOR- (1) In accordance with
its mandate to foster private initiative and competition and enhance
the ability of private enterprise to make its full contribution to the
development process, the Overseas Private Investment Corporation shall
support projects in Poland and Hungary which will result in enhancement of
the nongovernmental sector and reduction of state involvement in the economy.
(2) For purposes of this subsection, the term `nongovernmental sector'
in Poland and Hungary includes private enterprises, cooperatives (insofar
as they are not administered by the Governments of Poland or Hungary),
joint ventures (including partners which are not the Governments of Poland
or Hungary or instrumentalities thereof), businesses in Poland or Hungary
that are wholly or partly owned by United States citizens, including those
of Polish or Hungarian descent, religious and ethnic groups (including
the Catholic Church), and other independent social organizations.
(c) DEFINITION OF ELIGIBLE INVESTOR- Notwithstanding subsection (b),
the term `eligible investor' with respect to OPIC's programs in Poland
and Hungary has the same meaning as contained in section 238(c) of the
Foreign Assistance Act of 1961.
(d) EFFECTIVE DATE- The authority of the Overseas Private Investment
Corporation to issue insurance, reinsurance, guarantees, and to provide
any assistance under its direct loan and equity programs with respect to
projects undertaken in Poland and Hungary shall take effect upon the date
of enactment of this Act and shall remain in effect until September 30, 1992.
INTERNATIONAL COFFEE AGREEMENT

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Agreement is an important measure in promoting economic and political
stability in many developing countries, including Colombia, that the
collapse of the Agreement would seriously undermine Colombia's efforts
at fighting illegal drugs, and that the Administration should undertake
every possible effort to successfully conclude a renewal of the Agreement.
LATVIA, ESTONIA, AND LITHUANIA

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b40e6eb425c2b2f20a5ee93e7ba8578211bd45775378f8cc6bb3e0bc0b92d6e0

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 — HR. 3743

Other Sections

TITLE V

TITLE VI

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