de0d06328b839106d4124232261beb77386611cb7933f2a12c370e6cea699905

or otherwise made available to the President by this Act for fiscal year
1991 or thereafter shall be used to support, enhance, develop, or otherwise
sustain contacts with the Palestine Liberation Organization or any of its
constituent parts, persons, or entities under its control or influence by
any department, agency, official or entity under the jurisdiction of the
Government of the United States.
( 121 ) Page 60, strike out all after line 18 over to and including line
17 on page 73, and insert:

8d973ef306c1b6bc234edaf83c7594c0fd9531f88ad92eb271d29049a1af6e84

the Government of El Salvador shall seek three principal foreign policy
objectives, as follows: (1) to promote a permanent settlement and cease-fire
to the conflict in El Salvador, with the Secretary General of the United
Nations serving as an active mediator between the opposing parties; (2)
to foster greater respect for basic human rights, and the rule of law;
and (3) to advance political accommodation and national reconciliation.
(b) MAXIMUM LEVEL OF MILITARY ASSISTANCE- Of the funds available for United
States military assistance for fiscal year 1991, not more than $85,000,000
shall be made available for El Salvador.
(c) PROHIBITION OF MILITARY ASSISTANCE- (1) PROHIBITION- Subject to paragraph
(2), no United States military assistance may be furnished to the Government
of El Salvador if the President determines and reports in writing to the
Congress that--
(A) after he has consulted with the Secretary General of the United Nations,
the Government of El Salvador has declined to participate in good faith
in negotiations for a permanent settlement and cease-fire to the armed
conflict of El Salvador;
(B) the Government of El Salvador has rejected or otherwise failed to
support an active role for the Secretary General of the United Nations in
mediating that settlement;
(C) the Government of El Salvador has rejected a plan for the settlement
of the conflict which--
(i) has been put forward by the Secretary General of the United Nations
in accordance with the terms and procedures in the April 4, 1990 Geneva
Communique and the May 21, 1990 Caracas Accord between the Government of
El Salvador and the FMLN;
(ii) includes a proposal for an internationally monitored cease-fire, and
(iii) has been accepted, within 15 days from its announcement, by the FMLN
and is being complied with by the FMLN;
(D) the Government of El Salvador has failed to conduct a thorough and
professional investigation into, and prosecution of those responsible for the
eight murders at the University of Central America on November 16, 1989; or
(E) the military and security forces of El Salvador are assassinating or
abducting civilian noncombatants, are engaging in other acts of violence
directed at civilian targets, or are failing to control such activities
by elements subject to the control of those forces.
(F) the Government of El Salvador has failed to actively seek and encourage
a law enforcement service from outside El Salvador, such as Scotland Yard
or INTERPOL, to accompany and monitor investigators of the Government of
El Salvador in their investigation into the eight murders at the University
of Central America on November 16, 1989.
(2) REQUIREMENT FOR RESUMPTION OF ASSISTANCE- Assistance prohibited under
paragraph (1) may only be resumed pursuant to a law subsequently enacted
by the Congress.
(d) WITHHOLDING OF MILITARY ASSISTANCE- (1) IN GENERAL- Fifty percent of
the total United States military assistance allocated for El Salvador for
fiscal year 1990 and prior fiscal years which has not been obligated,
expended, or otherwise made available to the Government of El Salvador
as of the date of enactment of this Act, and 50 percent of all military
assistance allocated for El Salvador for fiscal year 1991, shall be withheld
from obligation or expenditure (as the case may be) except as provided in
paragraphs (2) and (3).
(2) RELEASE OF ASSISTANCE- The United States military assistance withheld
pursuant to paragraph (1) may be obligated and expended only if the
President determines and reports in writing to the Congress that--
(A) after he has consulted with the Secretary General of the United Nations,
the representatives of the FMLN--
(i) have declined to participate in good faith in negotiations for a
permanent settlement and cease-fire to the armed conflict in El Salvador, or
(ii) have rejected or otherwise failed to support an active role for the
Secretary General of the United Nations in mediating that settlement;
(B) the FMLN has rejected a plan for the settlement of the conflict which--
(i) has been put forward by the Secretary General of the United Nations
in accordance with the terms and procedures in the April 4, 1990 Geneva
Communique and the May 21, 1990 Caracas Accord between the Government of
El Salvador and the FMLN;
(ii) includes a proposal for an internationally monitored cease-fire, and
(ii) has been accepted, within 15 days from its announcement, by the
Government of El Salvador and is being complied with by the Government of
El Salvador;
(C) the survival of the constitutional Government of El Salvador is being
jeopardized by substantial and sustained offensive military actions or
operations by the FMLN;
(D) proof exists that the FMLN is continuing to acquire or receive
significant shipments of lethal military assistance from outside El Salvador,
and this proof has been shared with the Congress; or
(E) the FMLN is assassinting or abducting civilian noncombatants, is
engaging in other acts of violence directed at civilian targets, or is
failing to control such activities by elements subject to FMLN control.
(3) EXCEPTION- Notwithstanding any other provision of law, funds withheld
pursuant to paragraph (1) of this subsection may be disbursed to pay the
cost of any contract penalties which may be incurred as a result of such
withholding of funds under this subsection.
(e) CONDITION FOR TERMINATION OF ALL UNITED STATES ASSISTANCE- (1)
PROHIBITION- Subject to paragraph (2), no United States assistance may
be furnished to El Salvador if the duly-elected head of Government of El
Salvador is deposed by military coup or decree.
(2) REQUIREMENT FOR RESUMPTION OF ASSISTANCE- Assistance prohibited under
paragraph (1) may only be resumed pursuant to a law subsequently enacted
by the Congress.
(f) ESTABLISHMENT OF A FUND FOR CEASE-FIRE MONITORING, DEMOBILIZATION, AND
TRANSITION TO PEACE- (1) ESTABLISHMENT OF FUND- There is hereby established
in the Treasury of the United States a fund to assist with the costs of
monitoring a permanent settlement of the conflict, including a cease-fire,
and the demobilization of combatants in the conflict of El Salvador,
and their transition to peaceful pursuits, which shall be known as the
`Demobilization and Transition Fund' (hereafter in this section referred
to as the `Fund'). Amounts in this Fund shall be available for obligation
and expenditure only upon notification by the President of the Congress
that the Government of El Salvador and representatives of the FMLN have
reached a permanent settlement of the conflict, including a final agreement
on a cease-fire.
(2) TRANSFER OF CERTAIN MILITARY ASSISTANCE FUNDS- Upon notification of the
Congress of a permanent settlement of the conflict, including an agreement
on a cease-fire, or on September 30, 1991, if no such notification has
occurred prior to that date, the President shall transfer to the Fund any
United States military assistance funds withheld pursuant to subsection
(d) of this section.
(3) USE OF THE FUND- Notwithstanding any other provision of law, amounts
in the Fund shall be available for El Salvador solely to support costs
of demobilization, retraining, relocation, and reemployment in civilian
pursuits of former combatants in the conflict of El Salvador, and of the
monitoring of the permanent settlement and cease-fire.
(4) DURATION OF AVAILABILITY OF FUNDS- Notwithstanding any other provision of
law, amounts transferred to the Fund shall remain available until expended.
(g) STRENGTHENING CIVILIAN CONTROL OVER THE MILITARY- In order to strengthen
the control of the democratically elected civilian government of El Salvador
over the armed forces of that country, United States military assistance
for any fiscal year may be delivered to the armed forces of El Salvador
only with the prior approval of the duly elected President of El Salvador.
(h) SUPPORT FOR DEMOCRACY- (1) ESTABLISHING A PROGRAM- The Secretary of
State, through agreement with the National Endowment for Democracy or
other qualified organizations, shall establish and carry out a program
of education, training, and dialogue for the purpose of strengthening
democratic political and legal institutions in El Salvador.
(2) ELECTION MONITORING- Of the amounts made available to carry out this
subsection, up to $2,000,000 may be used for support for monitoring the
1991 municipal and National Assembly elections in El Salvador, and for
monitoring the registration and campaign processes leading up to those
elections, by appropriate organizations such as the United Nations, the
Organization of American States, the Carter Center, the National Democratic
Institute for International Affairs, the National Republican Institute for
International Affairs, and the Center for Electoral Assistance and Promotion
(CAPEL) of San Jose, Costa Rica.
(3) ASSISTANCE- Up to $10,000,000 of funds appropriated under the heading
`Economic Support Fund' for fiscal year 1991 may be used to carry out
this subsection.
(i) REPORTING REQUIREMENTS- Sixty days after the date of enactment of
this Act and every 180 days thereafter, the President shall submit to the
Congress a report describing--
(1) the willingness or unwillingness of the Government of El Salvador
and the FMLN to negotiate seriously and in good faith for the purpose of
achieving a permanent settlement to the conflict in El Salvador, including
a cease-fire, and providing appropriate information regarding criteria
described in subsections (c) and (d)(2); and
(2) the status of investigations into the politically motivated murders
listed in section 538 of this Act.
(j) DEFINITIONS- For purposes of this section--
(1) the term `United States assistance' has the same meaning as is given
to such term by section 481(i)(4) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291(i)(4)) and includes United States military assistance as
defined in paragraph (2); and
(2) the term `United States military assistance' means--
(A) assistance to carry out chapter 2 (relating to grant military assistance)
or chapter 5 (relating to international military education and training)
of part II of Foreign Assistance Act of 1961; and
(B) sales, credits, and guaranties under the Arms Export Control Act.
( 122 ) Page 78, strike out lines 15 through 17, and insert:
(3) None of the funds appropriated in this Act shall be available for any
program, project or activity which would--
(A) result in any significant loss of tropical forests; or
(B) involve industrial timber extraction in primary tropical forest areas.
( 123 ) Page 79, strike out lines 11 through 21, and insert:
(d) Of the funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961, not less than $80,000,000
shall be made available for environment and energy activities, including
funds earmarked under section 534 of this Act, as follows--
(1) not less than $15,000,000 of the aggregate of the funds appropriated
to carry out the provisions of sections 103 through 106 and chapter 10 of
part I of the Foreign Assistance Act of 1961 shall be made available for
biological diversity activities, of which: $3,000,000 shall be made available
for the Parks in Peril project pursuant to the authority of section 119(b)
of that Act, $500,000 shall be for neotropical migratory bird conservation
in Latin America and the Caribbean, $750,000 shall be for Project Noah,
and $1,500,000 shall be for the National Science Foundation's international
biological diversity program;
(2) not less than $30,000,000 of the funds appropriated to carry out
the provisions of sections 103 and 106 of the Foreign Assistance Act of
1961 shall be made available to support the `Global Warming Initiative'
as described in this section;
(3) not less than $5,000,000 of the funds appropriated to carry out the
provisions of sections 103, 106 and chapter 10 of part I of the Foreign
Assistance Act of 1961 shall be made available for assistance in support
of elephant conservation and preservation; and
(4) not less than $20,000,000 of the funds appropriated to carry out
the provisions of sections 103 and 106 of the Foreign Assistance Act of
1961 shall be made available for the Office of Energy of the Agency for
International Development.
(e) Of the funds appropriated by this Act to carry out the provisions
of section 23 of the Arms Export Control Act, not less than $15,000,000
shall be made available to countries in Africa for programs which support
conservation and biological diversity.
(f) Chapter 1 of part II of the Foreign Assistance Act of 1961 is amended
by adding the following new section:
`SEC. 518. NATURAL RESOURCES AND WILDLIFE MANAGEMENT- (a) AUTHORITY TO
TRANSFER EXCESS DEFENSE ARTICLES- Subject to the limitations in this section,
the President may transfer excess defense articles to friendly countries,
and to international organizations and private and voluntary organizations
for the purposes contained in section 119 of this Act.
`(b) LIMITATION ON TRANSFERS- Transfers under this section shall be subject
to the limitations contained in section 516(b), and shall be subject to
the notification requirements of section 516(c), of this Act.
`(c) TRANSPORTATION- The Department is authorized to transport excess
defense articles made available pursuant to this section without charge
on a space available basis.
`(d) WAIVER OF REQUIREMENTS FOR REIMBURSEMENT OF DOD EXPENSES- Section
632(d) shall not apply with respect to tranfers of excess defense articles
under this section or the transportation of such articles as authorized
by subsection (c).'.
(g) Notwithstanding any other provision of law, none of the funds
appropriated by this Act for programs of the Agency for International
Development may be made available for any project or activity except in
accordance with the requirements of section 117(c) of the Foreign Assistance
Act of 1961 and the regulations issued pursuant thereto (22 CFR 216).
( 124 ) Page 79, line 25, strike out  [Struck out->][ section ][<-Struck out]
and insert: sections 103 and
( 125 ) Page 81, line 17, strike out  [Struck out->][ up to $70,000,000
may ][<-Struck out]  and insert: $70,000,000 shall
( 126 ) Page 83, line 2, strike out  [Struck out->][ and ][<-Struck out]
the second time it appears.
( 127 ) Page 83, line 5, after `verdict' insert: , and (5) pursued all
legal avenues to bring to trial those responsible for the deaths of the
ten unionists who were killed during the November 11, 1989 bombing of the
FENASTRAS headquarters, and to obtain a verdict
( 128 ) Page 84, line 4, after `Haiti,' insert: Guatemala,
( 129 ) Page 85, line 5, strike out all after `governments,' down to and
including `to' in line 7, and insert: institutions of higher learning, and
private and voluntary organizations for the full cost of of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be,
( 130 ) Page 85, line 11, strike out all after `That' down to and including
`section' in line 12 and insert: such individuals
( 131 ) Page 85, line 17, after `544.' insert: (a)
( 131 ) Page 85, line 26, insert:
(b) Section 726(c) of the International Security and Development Cooperation
Act of 1981 is amended by striking out `and technical manuals for aircraft
of the F-5E/F or A/T-37 type which were sold to the Chilean Air Force by
the United States before January 1, 1976' and inserting in lieu thereof
`components, parts, tools, technical manuals, technical changes to
technical orders (TCTOs), or TCTO retrofits for aircraft of the F-5E/F,
A/T-37, or C-130E/H type owned by the Chilean Air Force'.
( 133 ) Page 87, strike out lines 3 through 9.
( 134 ) Page 87, line 10, strike out  [Struck out->][ (c) ][<-Struck out]
and insert: (b)
( 135 ) Page 88, line 5, strike out  [Struck out->][ subject to ][<-Struck
out]  and insert: notwithstanding
( 136 ) Page 88, line 20, strike out all after `agreements' down to and
including `Act' in line 24.
( 137 ) Page 90, line 6, after `Pakistan'  insert: : Provided, That funds
may be made available to facilitate the sale of such shells notwithstanding
the limitations of this section if the President determines that to do so
is in the national security interest of the United States
( 138 ) Page 92, strike out all after line 17, over to and including line
7 on page 93,  and insert:
COMMISSION ON FOREIGN ASSISTANCE MANAGEMENT

82db3052a7290b1d0ebf34a0bd8b74483b4adacf95b15cfa2ba04167a8d492e5

carried out United States foreign assistance programs under markedly
changed economic and political circumstances since enactment of the
Foreign Assistance Act in 1961, the Agency for International Development
has in recent years begun to experience serious management difficulties
in the areas of program implementation, control and accountability, and
deployment of limited personnel resources. The Congress also finds that a
pattern of pervasive management problems and weaknesses has persisted in
the Agency for several years without significant action by the Agency to
remedy or remove these problems and weaknesses. These systemic management
problems and weaknesses, coupled with the continued expansion of the Agency's
programs to include additional countries and program responsibilities, raise
serious concerns about the effectiveness of present management structures,
practices, and procedures in the Agency. The Congress recognizes that
these persistent management problems and weaknesses are occurring at a
time when budget limitations make it imperative that the Agency is able to
carry out its mandate efficiently and in a coordinated fashion. Therefore,
the Congress believes that the establishment of an independent commission
to examine management issues arising from the implementation of the United
States bilateral economic assistance program will enhance the effectiveness
of that program and serve the national interest.
(b) ESTABLISHMENT- There is established the Commission on Management of
Agency for International Development Programs (hereafter in this section
referred to as the `Commission').
(c) MEMBERSHIP- The Commission shall consist of 5 members appointed
by the President after consultation with the Chairmen of the Committee
on Appropriations and the Committee on Foreign Affairs of the House of
Representatives and the Chairmen of the Committee on Appropriations and the
Committee on Foreign Relations of the Senate. Individual members of the
Commission shall be from the private sector or Members of Congress. The
President shall designate the Chairman of the Commission from among its
members.
(d) DUTIES- The Commission shall conduct a thorough study and investigation
and recommend appropriate administrative action and legislation necessary
in connection with the following:
(1) the adequacy of systems of program and management evaluation and
coordination, taking into consideration, among other things--
(A) the need to identify central foci within the Agency to coordinate
its program and management responsibilities and to evaluate the Agency's
program and management performance;
(B) the need to develop specific indicators of effective performance for
both program and management functions;
(C) the need to ensure that the results of program and management evaluations
are widely disseminated and taken into consideration in future Agency
actions;
(D) the need to focus the review of the Agency's programs by the
Administration and the Congress on the impact of those programs;
(2) the adequacy of personnel management systems, taking into consideration,
among other things--
(A) the need to systematically ensure the integration of program, operating
expense, and personnel levels;
(B) the need to adjust personnel and operating expense levels among
organizational units in order to meet changing program requirements;
(C) the capacity to meet changing requirements for program and management
skills in headquarters offices and field missions;
(D) the significance of operating and program funding distinctions as
they affect the ability of the Agency to adjust its personnel to program
requirements;
(3) the adequacy of systems of personal accountability for program
management, taking into consideration, among other things--
(A) the need to establish and identify clear lines of decision-making
responsibility among headquarters offices and between headquarters and
field missions;
(B) the need to ensure that an individual's performance in the implementation
and management of the Agency's program portfolio is appropriately reflected
in its promotion and assignment processes.
(e) REPORT- The Commission shall submit a comprehensive report to the
President and to the Congress, not later than six months from the date after
which all members of the Commission have been appointed, containing the
findings and recommendations of the Commission with respect to its study and
investigation. The Commission shall cease to exist on the thirtieth day after
the date on which it files the comprehensive report under this subsection.
(f) COMPENSATION AND PER DIEM- (1) COMPENSATION- Members of the Commission
shall receive no pay on account of their service on the Commission.
(2) PER DIEM- While away from their homes or regular places of business in
the performance of services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the Government
service are allowed expenses under section 5703 of title 5 of the United
States Code.
(g) AUTHORITIES- (1) IN GENERAL- The Commission or any member it authorizes
may, for the purposes of carrying out this section, hold such hearings,
sit and act at such times and places, request such attendance, take
such testimony, and receive such evidence, as the Commission considers
appropriate.
(2) APPOINTMENTS- Subject to such rules as may be adopted by the Commission,
the Chairman of the Commission, without regard to the provisions of title
5, United States Code, governing appointments in the competitive service
and without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classifications and General Schedule
pay rates, may appoint and fix the compensation of a Director and such
other staff as the Chairman considers necessary.
(3) TEMPORARY SERVICES- The Chairman of the Commission may procure temporary
and intermittent services to the same extent as is authorized by section
3109(b) of title 5 of the United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic pay
then in effect for grade GS-18 of the General Schedule (5 U.S.C. 5332(a)).
(4) ADMINISTRATIVE SUPPORT- Upon the request of the Chairman of the
Commission, the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of such department or agency to the
Commission to assist it in carrying out its duties under this section. The
Administrator of the Agency for International Development shall provide
to the Commission on a reimbursable basis such administrative support
services as the Chairman of the Commission may request.
(5) INFORMATION FROM FEDERAL AGENCIES- The Commission may secure directly
from any department or agency of the United States any information necessary
to enable it to carry out this section. Upon the request of the Chairman
of the Commission, the head of such department or agency shall furnish
such information to the Commission.
(h) FUNDING- In addition to funds otherwise available for such purposes, up
to $500,000 of the funds appropriated under the heading `Operating Expenses
of the Agency for International Development', of the Foreign Assistance
Act of 1961 may be used to carry out the provisions of this section.
( 139 ) Page 94, line 17, strike out  [Struck out->][ Bolivia, Peru, Colombia,
Ecuador, and Jamaica ][<-Struck out]  and insert: a country which, because
of its coca production, is a major illicit drug producing country
( 140 ) Page 96, line 10, after `with' insert: requirements to apply
( 141 ) Page 98, strike out all after line 21, over to and including line
23 on page 99,  and insert:
ASSISTANCE FOR BURMA

ed2be2bbf6159b29af13485f526ddc27218d04a2be5ecf9d12a77ca4240dfee7

foreign assistance appropriations Acts which were used to provide assistance
for Burma under chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, may be made available, notwithstanding any other
provision of law, for training and education assistance for Burmese students
outside of Burma who are displaced as a result of civil conflict, and for
activities which support democratic pluralism in Burma.
( 142 ) Page 99, after line 23, insert:
ASSISTANCE FOR CAMBODIAN DEMOCRACY
SEC. 562A. (a) ASSISTANCE- (1) Not to exceed $20,000,000 of the funds
appropriated by this Act under the headings `economic support fund'
and `development assistance' may be made available for humanitarian and
development assistance for Cambodians, including the Cambodian non-Communist
resistance, along the Thai-Cambodian border and throughout Cambodia,
notwithstanding any other provision of law (other than sections 531(e)
and 634A of the Foreign Assistance Act of 1961, section 523 of this Act,
and the provisions of this section).
(2) Funds made available by paragraph (1) shall be obligated or expended,
to the maximum extent possible, consistent with the priorities set forth
in the report required by subsection (d). Not later than 6 months after the
date of enactment of this Act, the President shall submit to the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report describing the expenditure of
funds under paragraph (1).
(b) PROHIBITION ON DIRECT OR INDIRECT ASSISTANCE FOR THE KHMER ROUGE-
(1) Funds made available under this section shall be subject to the
prohibitions contained in section 906 of the International Security
Development Cooperation Act of 1985 (Public Law 99-83).
(2) The President shall terminate assistance under this section to any
Cambodian organization that he determines is cooperating, tactically or
strategically, with the Khmer Rouge in their military operations.
(3) Not later than January 1, 1991, the President shall submit to the
Speaker of the House of Representatives and the President pro tempore
of the Senate an unclassified report describing the extent of military
cooperation since 1986 between the Khmer Rouge and any individual group
or faction of the noncommunist resistance.
(c) ADMINISTRATION OF ASSISTANCE- To the maximum extent possible, all
funds made available under this section shall be administered directly by
the United States Government.
(d) REPORTING REQUIREMENT- (1) The Administrator of the Agency for
International Development shall conduct within 180 days of enactment
of this Act an on-site assessment along the Thai-Cambodian border and
within Cambodia, including Phnom Penh, determining the priorities of the
humanitarian and development needs of the Cambodian people, including
noncombatant civilians in all sectors of Cambodia.
(2) Not later than January 1, 1991, the President shall submit to the
Speaker of the House of Representatives and the President pro tempore
of the Senate a report setting forth the priorities determined by the
assessment made under paragraph (1).
(e) RELATION TO ASSISTANCE FOR CAMBODIAN CHILDREN- (1) Any assistance
provided under this section shall be in addition to the assistance provided
for under the heading `humanitarian assistance for Cambodian children'.
(2) Notwithstanding any other provision of this Act, funds made available
under the heading `humanitarian assistance for Cambodian children' shall
also be available to civilian victims of war.
(f) DEFINITIONS- For purposes of this section--
(1) the term `development assistance' means assistance furnished to carry
out any of the provisions of chapter 1 of part I of the Foreign Assistance
Act of 1961; and
(2) the term `humanitarian assistance' means food, clothing, medicine,
or other humanitarian assistance, and it does not include the provision
of weapons, weapons systems, ammunition, or other equipment, vehicles,
or material which can be used to inflict serious bodily harm or death.
(g) After the conclusion of the upcoming Paris Conference on Cambodia,
Congress and the President shall consult within 30 days with the goal of
lifting the Trading with the Enemy Act restrictions on Cambodia.
( 143 ) Page 104, line 8, after `568.' insert: (a)
( 144 ) Page 104, after line 13, insert: (b) Section 5669(d) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989, is hereby repealed.
( 145 ) Page 106, line 11, strike out  [Struck out->][ Funds ][<-Struck out]
and insert: Of the funds
( 146 ) Page 106, line 13, strike out  [Struck out->][ which are ][<-Struck
out]  and insert: not less than $7,500,000 shall be
( 147 ) Page 106, line 14, after `non' insert: and
( 148 ) Page 106, strike out lines 18 through 23.
( 149 ) Page 106, after line 23, insert:

df12f4254acde78ee94d27fa7ea9d45f5e7a0221d3f8281c422880a18e4dcfeb

amended by inserting `or major non-NATO allies,' after `Organization,'.
( 150 ) Page 107, line 2, strike out  [Struck out->][ $178,000,000 for fiscal
year 1991' ][<-Struck out]  and insert: `$278,000,000 for fiscal year 1991,
of which amount not less than $200,000,000 shall be for stockpiles in Israel'
( 151 ) Page 107, line 4, after `574.' insert: (a)
( 152 ) Page 107, after line 6, insert:
(b) Notwithstanding any other provision of law, none of the funds
appropriated by this Act under the headings `Economic Support Fund',
`Foreign Military Financing Program', and `International Military Education
and Training', may be made available for Pakistan unless the President
certifies, and so reports to the Congress, that--
(1) the state of emergency in Pakistan was lifted, and full civil
liberties restored, in time to allow for the fair conduct of National
Assembly elections;
(2) the Government of Pakistan held timely, free, fair, and internationally
monitored National Assembly elections, open to the full participation of
all legal parties and all candidates of those parties;
(3) the proceedings of the Special Courts established on August 8 and August
21, 1990, did not interfere with the conduct of free and fair elections; and
(4) the National Assembly has convened and that no elected member of the
Assembly has been denied a seat for political reasons.
(c) None of the funds appropriated in this Act shall be obligated or
expended for Pakistan except as provided through the regular notification
procedures of the Committees on Appropriations.
( 153 ) Page 107, line 13, strike out  [Struck out->][ arrangements ][<-Struck
out]  and insert: agreements
( 154 ) Page 107, line 21, strike out  [Struck out->][ generated ][<-Struck
out]  and insert: deposited
( 155 ) Page 108, line 9, strike out  [Struck out->][ or ][<-Struck out]
and insert: for--
(i) project and sector assistance activites, or
(ii) general budget support, including debt and deficit financing; or
( 156 ) Page 108, after line 24, insert:
(5) AMOUNT OF LOCAL CURRENCIES DEPOSITED- (A) For purposes of this section
and section 609 of the Foreign Assistance Act of 1961, the amount of local
currencies deposited shall be whatever amount is agreed upon for joint
programming by the Administrator and the foreign government and which
amount, for the purposes of this section, is specified in the agreement
required by subsection (a)(1)(B).
(B) The provisions of this subsection shall supersede the tenth and eleventh
provisos contained under the heading `Sub-Saharan Africa, Development
Assistance' as included in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 and sections 531(d) and 609 of
the Foreign Assistance Act of 1961.
( 157 ) Page 110, line 11, strike out  [Struck out->][ `Czechoslovakia
][<-Struck out]  and insert: or any other East European country
( 158 ) Page 110, strike out all after line 11, over to and including line
17 on page 111,  and insert:
(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, Hungary, and other East European countries which
will result in enhancement of the nongovernmental sector and reduction of
state involvement in the economy.
(2) For purpose of this subsection, the term `nongovernmental sector'
includes private enterprises, cooperatives (insofar as they are not
administered by the government), joint ventures (including partners which are
not governments of East European countries or instrumentalities thereof),
businesses that are wholly or partly owned by United States citizens,
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 Eastern
Europe 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 Eastern Europe shall remain in effect until September 30, 1992.
( 159 ) Page 113, strike out all after line 2, over to and including line
14 on page 114 and insert:

c07fbc89ca1b7f4758156548429ae94294e2e1dd0a892362e37b5aff105e9b64

Bank for Reconstruction and Development may be obligated until--
(1) the President has reached an agreement, the authority to enter into
which he is hereby granted notwithstanding any other provision of law, which
accurately reflects the real collectability of debts of the Government of
Poland to the Government of the United States, and
(2)(A) an International Monetary Fund agreement is in effect with respect
to Poland, and that it is the intent of the Government of Poland to continue
implementation of that program,
(B) the recent historic change of the  Government of Poland into a democracy
is continuing,
(C) the Government of Poland is seeking comparable treatment of both public
and private external debt, and
(D) final debt adjustment agreements provide comparable treatment of both
public and private external creditors in order to avoid inequity between
different categories of creditors.
(b) Funds may be obligated notwithstanding subsection (a) subject to the
regular notification procedures of the Committees on Appropriations.
( 160 ) Page 115, strike out lines 1 through 15.
( 161 ) Page 115, after line 15, insert:
FUTURE ASSISTANCE PROJECTIONS

1acf60456d2f817701cbf6a5f75022e245ceb4967f0066b489f31124e49a393b

programs, overall constraints on the Federal budget will have a significant
impact on the ability of the United States Government to meet program
requirements in the coming years. Therefore, in order to assist the Congress
to make the difficult policy choices attendant to budget shortfalls, the
Congressional Presentation Documents of departments and agencies included
within this Act shall contain funding projections for each of its major
program components for each of the two years following the year for which
new budget or other authority is being requested. The requirements of this
section shall be effective for the Congressional Presentation Documents
submitted for the fiscal year 1992.
( 162 ) Page 115, after line 15, insert:
HUMAN RIGHTS

f9d75f99221de80efeafd1f646235d7275198fc6f104b8aae536d00bce8ca89e

required by section 502B(b) of the Foreign Assistance Act of 1961, the
Secretary of State shall submit to the Committees on Appropriations a
listing of those countries the governments of which are found, based upon
the criteria and findings in the report required by section 502B(b) of the
Foreign Assistance Act of 1961, to engage in a consistent pattern of gross
violations of internationally recognized human rights. This list shall be
accompanied by a report from the Secretary of State describing how, for each
country receiving assistance under the Foreign Military Financing Program,
such assistance will be conducted to promote and advance human rights and
how the United States will avoid identification with activities which are
contrary to internationally recognized standards of human rights.
( 163 ) Page 115, after line 15, insert:
OTHER ASSISTANCE FOR EASTERN EUROPE

9b275468a7889c11d51b32f14694bfba4d1c4d33aec23ecdae9af6108626158f

of the Polish currencies which are held by the United States as of the date
of the enactment of this Act which are derived from programs administered
by the Commodity Credit Corporation, or pursuant to the Agricultural Trade
Development and Assistance Act of 1954, section 416(b) of the Agricultural
Act of 1949, or the Food for Progress Act of 1985, shall be made available
for the Research Center on Jewish History and Culture of the Jagiellonian
University of Krakow, Poland: Provided, That such currencies shall be made
available notwithstanding 31 U.S.C. 1306 and section 570 of this Act.
(b) Of the funds made available in subsection (a)(4) under the heading
`Assistance for eastern Europe', $750,000 shall be available only to
assist development of the Polish Senat and Sejm Parliamentary Library and
Research Center.
( 164 ) Page 115, after line 15, insert:
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

7c6008666bc2147c9aa91e8b1a40c406a80c5d3e2e1aba29f1d26af391d530b5

procedures of the European Bank for Reconstruction and Development (EBRD),
the Secretary of the Treasury shall vigorously seek--
(1) establishment of procedures for environmental assessment of all proposed
operations with potentially significant environmental impacts;
(2) establishment of an environmental unit with sufficient staff to review
proposed operations, monitor compliance with environmental provisions,
and provide overall policy guidance;
(3) establishment of procedures for systematic consultation with and
involvement of the public and interested nongovernmental organizations,
including an opportunity for comment by local communities which may be
affected by EBRD operations;
(4) agreement that a significant portion of the EBRD's funds shall be
devoted to projects focussed on environmental restoration and protection; and
(5) establishment of an Environment Fund to provide grants and loans
for technical assistance, development of environmental institutions and
regulatory systems, public education, and training.
( 165 ) Page 115, after line 15, insert:
PROPERTY MANAGEMENT FUND

cb37e6a62185d974499ad133209e71e6a106268e956b7712cfee20469679aaf3

for International Development under the authority of section 636(c) of
the Foreign Assistance Act of 1961 may be deposited in a separate fund,
which shall be known as the Property Management Fund. Such proceeds shall
be available for use only for the purposes of section 636(c) of that Act,
and shall remain available until expended. The Administrator of the Agency
for International Development shall report all uses of funds deposited
into the Property Management Fund as part of the annual Congressional
Presentation materials submitted by the Agency for International Development.
(b) The provisions of subsection (a) shall be applicable to property acquired
prior to the date of enactment of this Act and at any time thereafter.
( 166 ) Page 115, after line 15,  insert:
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ

d38adad4dd58299b6150bd94773b2a287a2b344c09a159755a0da49b5a491c82

this Act may be provided to any country which is not in compliance with
the United Nations-sponsored economic sanctions against Iraq unless the
President determines and so certifies to the Congress that--
(1) it is in the national interest of the United States to do so;
(2) such assistance would directly benefit the needy people in that country;
(3) such assistance would be used to provide humanitarian assistance to
refugees in that country; or
(4) the government of the country receiving the assistance is making a
good faith effort to comply with those economic sanctions.
(b) DEFINITION- For purposes of this section, the term `United States
assistance' means--
(1) assistance under the Foreign Assistance Act of 1961, including programs
under title IV of chapter 2 of part I of that Act (relating to the Overseas
Private Investment Corporation); and
(2) sales, credits, and guaranties under the Arms Control Export Act.
( 167 ) Page 115, after line 15,  insert:
MILITARY AID LIMITED TO DEMOCRATIC GOVERNMENTS

335314fe327d84bb0989e5f668a5bdfbe6d0bd8b080b755c47383667a1bfef4f

pursuant to this or previous Acts shall be obligated or expended to finance
or provide any military assistance to a government that, as determined by
the President (1) has not been chosen pursuant to free and fair elections,
or (2) is not making significant progress toward democracy: Provided,
That this section shall not apply to assistance to a country if the
President determines, and so notifies the Congress, that assistance to
such country is in the national interest of the United States: Provided
further, That for the purposes of this section, `military assistance'
means foreign military financing under the Arms Export Control Act and
international military education and training under chapter 5 of part II
of the Foreign Assistance Act of 1961.
( 168 ) Page 115, after line 15, insert:
MANDATORY RETIREMENT FOR CERTAIN INSPECTOR GENERAL STAFF

851f6f454cb6aba66ec18b1f0013e85686565015cf5ccabfbddc0c398e01a68c

Service Act of 1980 (22 U.S.C. 4046) is amended--
(1) by inserting `(1)' immediately after `(a)'; and
(2) by adding at the end thereof the following new paragraphs:
`(2) Notwithstanding the percentage limitation contained in paragraph (1)
of this subsection--
`(A) utilizing the definition of average pay contained in section 8331(4)
of title 5, United States Code, the annuity of a Foreign Service criminal
investigator/inspector of the Office of the Inspector General, Agency for
International Development, who was appointed to a law enforcement position,
as defined in section 8331(20) of the title 5, United States Code, prior to
January 1, 1984, and would have been eligible to retire pursuant to section
8336(c) of that title, after attaining 50 years of age and completing 20
years as a law enforcement officer had the employee remained in the civil
service shall be computed in the same manner as that of a law enforcement
officer pursuant to section 8339(d) of that title, except as provided in
paragraph (3); and
`(B) the annuity of a Foreign Service criminal investigator/inspector of
such office, who was appointed to a law enforcement position as defined in
section 8401(17) of that title on or after January 1, 1984, and who would
have been eligible to retire pursuant to section 8412(d) of that title,
after attaining 50 years of age and completing 20 years of service as such
a law enforcement officer, had the employee remained in the civil service,
shall be computed in the same manner as that of a law enforcement officer
pursuant to section 8415(d) of that title.
`(3) The annuity of a Foreign Service investigator/inspector of the
Office of the Inspector General, Agency for International Development,
appointed to a law enforcement position prior to January 1, 1984, who
exercised election rights under section 860 of the Foreign Service Act of
1980, shall be computed as follows: for the period prior to election the
annuity shall be computed in accordance with section 8339(d) of title 5,
United States Code; for the period following election the annuity shall
be computed in accordance with section 8415(d) of that title.
`(4) All service in a law enforcement position, as defined in section
8331(20) or 8401(17) of that title, as applicable, in any agency or
combination of agencies shall be included in the computation of time for
purposes of this paragraph.
`(5) The annuity of a Foreign Service criminal investigator/inspector
of the Office of the Inspector General of the Agency for International
Development who has not completed 20 years of service as a law enforcement
officer, as defined in section 8331(20) or 8401(17) of that title, shall
be computed in accordance with paragraph (1).
`(6) For purposes of paragraphs (2), (3) and (4) of this subsection, the
term `basic pay' includes pay as provided in accordance with section 412
of this Act or section 5545(a)(2) of title 5, United States Code.'.
(b) Section 812 of the Foreign Service Act of 1980 is amended--
(1) by inserting `(1)' after `(a)'; and
(2) by adding the following new paragraph:
`(2) Notwithstanding paragraph (1), a Foreign Service criminal
investigator/inspector of the Office of Inspector General of the Agency
for International Development who would have been eligible for retirement
pursuant to either section 8336(c) or 8412(d) of title 5, United States
Code, as applicable, had the employee remained in civil service, shall
be separated from the Service on the last day of the month in which that
Foreign Service criminal investigator/inspector attains 55 years of age or
completes 20 years of service if then over that age. If the head of the
agency judges that the public interest so requires, that agency head may
exempt such an employee from automatic separation under this subsection
until that employee attains 60 years of age. The employing office shall
notify the employee in writing of the date of separation at least 60 days
before that date. Action to separate the employee is not effective without
the consent of the employee, until the last day of the month in which the
60-day notice expires.'.
( 169 ) Page 115, after line 15,  insert:
PRESIDENTIAL FOREIGN ASSISTANCE CONTINGENCY AUTHORITIES

993399702e1dd4f224fb767dfc4f0aec31c7d17cb423b77595a6f43f20733c62

by--
(1) striking out the phrases `not to exceed $10,000,000 of' and `in any
fiscal year';
(2) striking out the phrase `emergency purposes' and inserting in lieu
thereof `unanticipated contingencies'; and
(3) inserting the following immediately before the period: `, except that
the authority of this subsection may not be used to authorize the use of
more than $50,000,000 during any fiscal year'.
( 170 ) Page 115, after line 15, insert:
IRAQ SANCTIONS

f2b96b0a03814615b1abd463fdf051000cb9f52ea0a922340efc1c7ad93c590e

(1) Notwithstanding any other provision of law, no funds, credits, guarantees
or insurance appropriated or otherwise made available by any Act for fiscal
year 1990 or thereafter, shall be used to support or administer any financial
or commercial operation, of any United States Government department, agency,
entity or persons subject to United States jurisdiction, involving the
Government of Iraq, its agencies, institutions or persons working on its
behalf, including the processing of any `validated' or `general' export
licenses or any documentation related to the importation of Iraqi-origin
products into the United States or its territories, or possessions thereof.
(2) The Department of Commerce is instructed to include Iraq within
Country Group S within supplement Number 1 to section 770 of the Export
Administration Regulations (`EAR').
(3) This subsection shall become effective immediately upon the enactment
of this Act, except for the performance of a contract or agreement entered
into before the enactment of this Act.
(4) The penalties for violation of the general prohibition contained in
this subsection by exporters, exporting agents and entities under the
jurisdiction of the United States, shall be the same as those contained
in section 11 of the Export Administration Act of 1979, as amended, Public
Law 96-72 (93 Stat. 529, as amended).
(b) IRAQ TO BE CONSIDERED A TERRORIST NATION- (1) Notwithstanding any
other provision of law, for the purpose of the application of prohibitions,
limitations, restrictions, and other requirements of the provisions of law
contained in paragraph (2), Iraq shall be considered a country which grants
sanctuary from prosecution to any individual or group which has committed
an act of international terrorism, has repeatedly provided support for acts
of international terrorism, or otherwise supports international terrorism.
(2) The provisions of law referred to in subsection (a) include--
(A) section 620A of the Foreign Assistance Act of 1961, as amended;
(B) sections 563 and 564 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990;
(C) section 555 of the International Security and Development Cooperation
Act of 1985; and
(D) similar provisions of law.
(3) The President may not use any waiver authority provided under Acts
referred to in paragraph (2) of this subsection, or statutes made applicable
by virtue of paragraph (2)(D), or under subsection 40(b) of the Arms Export
Control Act, with respect to Iraq.
(c) STUDY AND REPORT ON THE INTERNATIONAL EXPORT TO IRAQ OF NUCLEAR,
BIOLOGICAL, CHEMICAL, AND BALLISTIC MISSILE TECHNOLOGY- (1) The President
shall conduct a study on the sale, export and third party transfer
or development of nuclear, biological, chemical and ballistic missile
technology to or with Iraq including--
(A) an identification of specific countries, as well as companies and
individuals, both foreign and domestic, engaged in such sale or export of,
nuclear, biological, chemical and ballistic missile technology;
(B) a detailed description and analysis of the international supply,
information, support and co-production network, individual, corporate and
state, responsible for Iraq's current capability in the area of nuclear,
biological, chemical and ballistic missile technology;
(C) a recommendation of standards and procedures against which to measure and
verify a decision of the Government of Iraq to terminate the development,
production, co-production and deployment of nuclear, biological, chemical
and offensive ballistic missile technology as well as the destruction of
all existing facilities associated with such technologies.
(2) The President shall include in the study required by paragraph (1)
specific recommendations on new mechanisms, to include, but not limited to,
legal, political, economic and regulatory, whereby the United States might
contribute, in conjunction with its friends, allies, and the international
community, to the management, control or elimination of the threat of
nuclear, biological, chemical and ballistic missile proliferation.
(3) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, a report, in both classified
and unclassified form, setting forth the findings of the study required
by paragraph (1) of this subsection.
(d) STUDY AND REPORT ON IRAQ'S OFFENSIVE MILITARY CAPABILITY- (1) The
President shall conduct a study on Iraq's offensive military capability
and its affect on the Middle East balance of power including an assessment
of Iraq's power projection capability, the prospects for another sustained
conflict with Iran, joint Iraqi-Jordanian military cooperation, the threat
Iraq's arms transfer activities pose to United States' allies in the Middle
East, and the extension of Iraq's political-military influence into Africa
and Latin America.
(2) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, a report, in both classified
and unclassified form, setting forth the findings of the study required
by paragraph (1) of this subsection.
(e) REPORT ON SANCTIONS TAKEN BY OTHER NATIONS AGAINST IRAQ- (1) The
President shall prepare a report on the steps taken by other nations, both
before and after the August 2, 1990 invasion of Kuwait, to curtail the
export of goods, services and technologies to Iraq which might contribute
to, or enhance, Iraq's nuclear, biological, chemical and ballistic missile
capability.
(2) The President shall provide a complete accounting of international
compliance with each of the sanctions resolutions passed by the United
Nations Security Council against Iraq since August 2, 1990, and shall list,
by name, each country which to his knowledge, has provided any assistance
to Iraq and the amount and type of that assistance in violation of each
United Nations resolution.
(3) The President shall make every effort to encourage other nations,
in whatever forum or context, to adopt sanctions toward Iraq similar to
those contained in this section.
(4) Not later than every six months from the date of enactment of this
section, the President shall submit to the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of Representatives,
a report in both classified and unclassified form, setting forth the
findings of the study required by paragraph (1) of this subsection.
( 171 ) Page 115, after line 15, insert:
SANCTIONS AGAINST IRAQ

bda2479639796a46584cdee2680398533d6a397f7ebaa8330af541fe4fc5f17a

This title may be cited as the `Iraq International Law Compliance Act
of 1990'.
Subtitle A--Response to Iraq's Invasion of Kuwait

c4531730fa5f9389be28be2b70a1c524d14f41ad3395554461b7bb661db8a73b

The Congress--
(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
(2) supports the actions that have been taken by the President in response
to that invasion;
(3) calls for the immediate and unconditional withdrawal of Iraqi forces
from Kuwait;
(4) supports the efforts of the United Nations Security Council to end
this violation of international law and threat to international peace;
(5) supports the imposition and enforcement of multilateral sanctions
against Iraq;
(6) calls on United States allies and other countries to support fully the
efforts of the United Nations Security Council, and to take other appropriate
actions, to bring about an end to Iraq's occupation of Kuwait; and
(7) condemns the brutal occupation of Kuwait by Iraq and its gross violations
of internationally recognized human rights in Kuwait, including widespread
arrests, torture, summary executions, and mass extrajudicial killings.

e39b710f88bac2bf36f8828de2f3becd5288902bfa7bc3cd23169aa0b8fe947e

The President shall keep the Congress fully informed, and shall consult
with the Congress, with respect to current and anticipated events regarding
the international crisis caused by Iraq's invasion of Kuwait, including
with respect to United States actions.

ce800fa020110c3855e3be147a1b647f68ea82f6f2c2a8c7f0417b8e4802aff9

(a) CONTINUATION OF EMBARGO- Except as otherwise provided in this section,
the President shall continue to impose the trade embargo and other economic
sanctions with respect to Iraq and Kuwait that the United States is imposing,
in response to Iraq's invasion of Kuwait, pursuant to Executive Orders
Number 12724 and 12725 (August 9, 1990) and, to the extent they are still
in effect, Executive Orders Number 12722 and 12723 (August 2, 1990).
(b) HUMANITARIAN ASSISTANCE- To the extent that transactions involving
foodstuffs of payments for foodstuffs are exempted `in humanitarian
circumstances' from the prohibitions established by the United States
pursuant to United Nations Security Council Resolution 661 (1990),
those exemptions shall be limited to foodstuffs that are to be provided
consistent with United Nations Security Council Resolution 666 (1990)
and other relevant Security Council resolutions.
(c) Notice to Congress of Exceptions to and Termination of Sanctions-
(1) NOTICE OF REGULATIONS- Any regulations issued after the date of
enactment of this Act with respect to the economic sanctions imposed with
respect to Iraq and Kuwait by the United States under Executive Orders
Number 12722 and 12723 (August 2, 1990) and Executive Orders Number 12724
and 12725 (August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
(2) NOTICE OF TERMINATION OF SANCTIONS- The President shall notify the
Congress before the termination, in whole or in part, of any sanction
imposed with respect to Iraq or Kuwait pursuant to those Executive Orders.
(d) Relation to Other Laws-
(1) SANCTIONS LEGISLATION- The sanctions that are described in subsection (a)
are in addition to, and not in lieu of the sanctions provided for in subtitle
B of this title, title IV of this Act, or any other provision of law.
(2) NATIONAL EMERGENCIES AND UNITED NATIONS LEGISLATION- Nothing in this
section supersedes any provision of the National Emergencies Act or any
authority of the President under the International Emergency Economic
Powers Act or section 5(a) of the United Nations Participation Act of 1945.

6e73498b46176e556b7d2834b5c79b3e5248d4d2eb27bb72ba43116639569b31

If the President considers that the taking of such action would promote
the effectiveness of the economic sanctions of the United Nations and
the United States imposed with respect to Iraq, and is consistent with
the national interest, the President may prohibit, for such a period of
time as he considers appropriate, the importation into the United States
of any or all products of any foreign country that has not prohibited--
(1) the importation of products of Iraq into its customs territory, and
(2) the export of its products to Iraq.

e48fceb6b821f546209a680d85f3b022857bcfebdb7fb8173d4b998fc12ae7d7

Notwithstanding section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) and section 5(b) of the United Nations Participation
Act of 1945 (22 U.S.C. 287c(b))--
(1) a civil penalty of not to exceed $250,000 may be imposed on any person
who, after the date of enactment of this Act, violates or evades or attempts
to violate or evade Executive Order Number 12722, 12723, 12724, or 12725 or
any license, order, or regulation issued under any such Executive Order; and
(2) whoever, after the date of enactment of this Act, willfully violates
or evades or attempts to violate or evade Executive Order Number 12722,
12723, 12724, or 12725 or any license, order, or regulation issued under
any such Executive Order--
(A) shall, upon conviction, be fined not more than $1,000,000, if a person
other than a natural person; or
(B) if a natural person, shall, upon conviction, be fined not more than
$1,000,000, be imprisoned for not more than 12 years, or both.
Any officer, director, or agent of any corporation who knowingly participates
in a violation, evasion, or attempt described in paragraph (2) may be punished
by imposition of the fine or imprisonment (or both) specified in subparagraph
(B) of that paragraph.
Subtitle B--Response to Iraq's Long-Standing Violations of International Law

b1eed647c52b95542ee97278cb82cfd513f873eedd72c90cb3c69a1a38de0088

INTERNATIONAL LAW.
(a) IRAQ'S VIOLATIONS OF INTERNATIONAL LAW- The Congress determines that--
(1) the Government of Iraq has demonstrated repeated and blatant disregard
for its obligations under international law by violating the Charter of
the United Nations, the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of
Warfare (done at Geneva, June 17, 1925), as well as other international
treaties;
(2) the Government of Iraq is a party to the International Covenant on
Civil and Political Rights and the International Covenant on Economic,
Social, and Cultural Rights and is obligated under the Covenants, as well
as the Universal Declaration of Human Rights, to respect internationally
recognized human rights;
(3) The State Department's Country Reports on Human Rights Practices for
1989 again characterizes Iraq's human rights record as `abysmal';
(4) Amnesty International, Middle East Watch, and other independent human
rights organizations have documented extensive, systematic, and continuing
human rights abuses by the Government of Iraq, including summary executions,
mass political killings, disappearances, widespread use of torture, arbitrary
arrests and prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly all civil
and political rights such as freedom of association, assembly, speech,
and the press, and the imprisonment, torture, and execution of children;
(5) since 1987, the Government of Iraq has intensified its severe repression
of the Kurdish minority of Iraq, deliberately destroyed more than 3,000
villages and towns in the Kurdish regions, and forcibly expelled more
than 500,000 people, thus effectively depopulating the rural areas of
Iraqi Kurdistan;
(6) Iraq has blatantly violated international law by initiating use of
chemical weapons in the Iran-Iraq war;
(7) Iraq has also violated international law by using chemical weapons
against its own Kurdish citizens, resulting in tens of thousands of deaths
and more than 65,000 refugees;
(8) Iraq continues to expand its chemical weapons capability, and President
Saddam Hussein has threatened to use chemical weapons against other nations;
(9) persuasive evidence exists that Iraq is developing biological weapons
in violation of international law;
(10) there are strong indications that Iraq has taken steps to produce
nuclear weapons and has attempted to smuggle from the United States, in
violation of United States law, components for triggering devices used
in nuclear warheads whose manufacture would contravene the Treaty on the
Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and
(11) Iraqi President Saddam Hussein has threatened to use terrorism against
other nations in violation of international law and has increased Iraq's
support for the Palestine Liberation Organization and other Palestinian
groups that have conducted terrorist acts.
(b) HUMAN RIGHTS VIOLATIONS- The Congress determines that the Government
of Iraq is engaged in a consistent pattern of gross violations of
internationally recognized human rights. All provisions of law that impose
sanctions against a country whose government is engaged in a consistent
pattern of gross violations of internationally recognized human rights
shall be fully enforced against Iraq.
(c) MULTILATERAL COOPERATION- The Congress calls on the President to seek
multilateral cooperation--
(1) to deny dangerous technologies to Iraq;
(2) to induce Iraq to respect internationally recognized human rights; and
(3) to induce Iraq to allow appropriate international humanitarian and
human rights organizations to have access to Iraq and Kuwait, including
the areas in northern Iraq traditionally inhabited by Kurds.

4120668a8704f4d698b35f9a7a0d98b7b9df299ff08094fbfdb394c3496fee93

(a) IMPOSITION- Except as provided in section 543, the following sanctions
shall apply with respect to Iraq:
(1) FMS SALES- The United States Government may not enter into any sale
with Iraq under the Arms Export Control Act.
(2) COMMERCIAL ARMS SALES- Licenses may not be issued for the export to
Iraq of any item on the United States Munitions List.
(3) EXPORTS OF CERTAIN GOODS AND TECHNOLOGY- The authorities of section
6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) shall
be used to prohibit the export to Iraq of any goods or technology on the
control list established pursuant to subsection (1) of that section or
on the control list established pursuant to section 5(c)(1) of that Act
(50 U.S.C. App. 2404(c)(1)).
(4) NUCLEAR EQUIPMENT, MATERIALS, AND TECHNOLOGY-
(A) NRC LICENSES- The Nuclear Regulatory Commission may not issue any
license or other authorization under the Atomic Energy Act of 1954 (42
U.S.C. 2011 and following) for the export to Iraq of any source or special
nuclear material, any production or utilization facility, any sensitive
nuclear technology, any component, item, or substance determined to have
significance for nuclear explosive purposes pursuant to section 109b. of
the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or any other material
or technology requiring such a license or authorization.
(B) DISTRIBUTION OF NUCLEAR MATERIALS- The authority of the Atomic Energy
Act of 1954 may not be used to distribute any special nuclear material,
source material, or byproduct material to Iraq.
(C) DOE AUTHORIZATIONS- The Secretary of Energy may not provide a specific
authorization under section 57b. (2) of the Atomic Energy Act of 1954
(42 U.S.C. 2077(b)(2)) for any activity that would constitute directly
or indirectly engaging in Iraq in activities that require a specific
authorization under that section.
(5) ASSISTANCE FROM INTERNATIONAL FINANCIAL INSTITUTIONS- The United
States shall oppose any loan or financial or technical assistance to Iraq
by international financial institutions in accordance with section 701 of
the International Financial Institutions Act (22 U.S.C. 262d).
(6) ASSISTANCE THROUGH THE EXPORT-IMPORT BANK- Credits and credit guarantees
through the Export-Import Bank of the United States shall be denied to Iraq.
(7) ASSISTANCE THROUGH THE COMMODITY CREDIT CORPORATION- Credit, credit
guarantees, and other assistance through the Commodity Credit Corporation
shall be denied to Iraq.
(8) FOREIGN ASSISTANCE- All forms of assistance under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 and following) other than emergency assistance
for medical supplies and other forms of emergency humanitarian assistance,
and under the Arms Export Control Act (22 U.S.C. 2751 and following)
shall be denied to Iraq.
(b) CONTRACT SANCTITY- For purposes of the export controls imposed pursuant
to subsection (a)(3), the date described in section 6(m)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(m)(1)) shall be deemed to
be August 1, 1990.

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9bc3a08204ba63627aa11298a89e638c8af547a77de5b981ba1d34721b1b26b3

This title may be cited as the `International Forestry Cooperation Act
of 1990'.

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TITLE VI

-INTERNATIONAL FORESTRY COOPERATION

(a) FOCUS OF ACTIVITIES- To achieve the maximum impact from activities
undertaken under the authority of this title, the Secretary shall focus
such activities on the key countries which could have a substantial impact
on emissions of greenhouse gases related to global warming.
(b) AUTHORITY FOR INTERNATIONAL FORESTRY ACTIVITIES- In support of forestry
and related natural resource activities outside of the United States and
its territories and possessions, the Secretary of Agriculture (hereinafter
referred to in this title as the Secretary) may--
(1) provide assistance that promotes sustainable development and global
environmental stability, including assistance for--
(A) conservation and sustainable management of forest land;
(B) forest plantation technology and tree improvement;
(C) rehabilitation of cutover lands, eroded watersheds, and areas damaged
by wildfires or other natural disasters;
(D) prevention and control of insects, diseases, and other damaging agents;
(E) preparedness planning, training, and operational assistance to combat
natural disasters;
(F) more complete utilization of forest products leading to resource
conservation;
(G) range protection and enhancement; and
(H) wildlife and fisheries habitat protection and improvement;
(2) share technical, managerial, extension, and administrative skills
related to public and private natural resource administration;
(3) provide education and training opportunities to promote the transfer
and utilization of scientific information and technologies;
(4) engage in scientific exchange and cooperative research with foreign
governmental, educational, technical and research institutions; and
(5) cooperate with domestic and international organizations that further
international programs for the management and protection of forests,
rangelands, wildlife and fisheries, and related natural resource activities.
(c) ELIGIBLE COUNTRIES- The Secretary shall undertake the activities
described in subsection (b), in countries that receive assistance from
the Agency for International Development only at the request, or with
the concurrence, of the Administrator of the Agency for International
Development.

161c9a33df032e2d77ec311051a0a5f1cc9281669631c9126c6a9e0dba7b0095

In support of the Tropical Forestry Action Plan and to specifically address
tropical deforestation and degradation, the Secretary may--
(1) support and actively participate in global and regional meetings that
seek to reform such Plan;
(2) together with the United States Agency for International Development, and
other Federal agencies, provide technical assistance to tropical countries
for the formulation of national forestry sector development strategies; and
(3) cooperate with tropical countries on research, training, and technical
programs aimed at implementing national forestry sector development
strategies.

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(a) EXPANSION- The Secretary shall expand the capabilities of and construct
additional facilities at the Caribbean National Forest and Institute of
Tropical Forestry in Puerto Rico, as the Secretary determines necessary
to support the purpose of this title, and as funds are appropriated for
such expansion and construction.
(b) TROPICAL FORESTRY PLANS- Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare and submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate, the
Committee on Agriculture of the House of Representatives, and to the
Committees on Appropriations of the Senate and House of Representatives,
a tropical forestry plan for the expansion and construction of additional
facilities under subsection (a). Such plan shall include provisions for--
(1) the construction or acquisition of a major center for education,
interpretation, and appreciation of the benefits and methods of the
intelligent management of tropical forests;
(2) the acquisition or construction of facilities for housing and classroom
instruction near the Caribbean National Forest/Luguillo Experimental
Forest; and
(3) the acquisition or construction of facilities for the study and recovery
of endangered tropical wildlife, fish and plant species.

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(a) COORDINATION OF ACTIVITIES- The Secretary shall coordinate all activities
outside of the United States under this title with other Federal officials,
departments, agencies, and international organizations, as the President
may require.
(b) ASSISTANCE- The Secretary may provide assistance, as determined
appropriate by the Secretary to carry out this title, including technical
and financial assistance, equipment, and facilities without reimbursement.

e3bb4b0770ab2957af2300231b1ca34b56dcad96f167e26ec8f7e446a694071e

There are authorized to be appropriated such sums as may be necessary to
carry out this title.

92b4183c76fc08296aee57aaeed3ebac8bfbee6d8b44745683649bbedea24629

(a) FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT- The Forest
and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et
seq.) is amended--
(1) in section 2 (16 U.S.C. 1641)--
(A) by inserting `(1)' after `(a)';
(B) by adding at the end of subsection (a) the following new paragraph:
`(2) Congress further finds that the forest and rangeland renewable
resources of the world are threatened by deforestation due to conversion
to agriculture of lands better suited to other uses, over-grazing,
over-harvesting, and other causes that pose a direct adverse threat to
people, the global environment, and the world economy.'; and
(C) by adding at the end thereof the following new subsection:
`(c) It is the purpose of this Act to authorize the Secretary to expand
research activities to encompass international forestry and natural resource
issues on a global scale.'; and
(2) in the first section of section 4(c) (16 U.S.C. 1643(c)), by inserting
`international,' before `Federal'.
(b) COOPERATIVE FORESTRY ASSISTANCE ACT- The Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. et seq.) is amended--
(1) in section 2(a)--
(A) by striking `and' at the end of paragraph (16);
(B) by striking the period at the end of paragraph (17) and inserting `;
and'; and
(C) by adding at the end thereof the following new paragraph:
`(18) the same forest resource supply, protection, and management issues
that exist in the United States are also present on an international scale,
and the forest and rangeland renewable resources of the world are threatened
by deforestation due to conversion to agriculture of lands better suited
to other purposes, over-grazing, over-harvesting, and other causes which
pose a direct adverse threat to people, the global environment, and the
world economy.';
(2) in section 2(b), by inserting `in the United States, and forest lands
in foreign countries,' after `non-Federal forest lands,' the first place
it appears and in paragraph (10); and
(3) in section 12, by adding at the end thereof the following new subsection:
`(h) In addition to the authority provided elsewhere in this Act, the
Secretary may provide assistance to other countries with respect to
the activities described in paragraphs (1) through (10) of section 3(b),
paragraphs (1) through (5) of section 7(b), and paragraphs (1) through (3)
of section 9(b). For the purposes of providing assistance to other countries
under this subsection, the term `non-Federal forest land' shall mean any
forest land and related renewable natural resources in such countries. In
providing the assistance authorized under this subsection, the Secretary
shall coordinate with other Federal officials, departments, agencies, or
international organizations, as the President may direct. The references
to `State foresters or equivalent State officials' in this Act shall not
apply to the assistance provided by the Secretary to other countries under
this subsection.'.
Attest:
Secretary.
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Iraq Sanctions Act of 1990 — HR. 5114

Other Sections

TITLE VI

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