Pub. L. 101-302, tit. II, ch. III, under "BILATERAL ECONOMIC ASSISTANCE"
BILATERAL ECONOMIC ASSISTANCE
BILATERAL ECONOMIC ASSISTANCE funds appropriated to the president Department of State migration and refugee assistance For an additional amount for “Migration and refugee assistance”, $75,000,000, to support emergency refugee admissions and assistance: Provided, That not less than $5,000,000 of the funds provided under this heading shall be available for Soviet, Eastern European and other refugees resettling in Israel: Provided further, That of the funds allocated in this account, an equitable share shall be made available to Pentecostals, Evangelicals, and Baptists to fund the existing two thousand semi funded refugee admissions numbers for the Soviet Union, unless sufficient unused refugee admissions numbers could be reallocated within this fiscal year to allow adequate funding and admission of this group: Provided further, That funds provided under this heading shall remain available until expended: Provided further, That funds used pursuant to the last proviso (relating to assistance for Burmese students at camps on the border with Thailand) under the heading “migration and refugee assistance” in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) may be used to provide assistance to any Burmese person in Burma or Thailand who is displaced as a result of events relating to civil conflict. 104 STAT. 223 united states emergency refugee and migration assistance fund For an additional amount for the “United States emergency refugee and migration assistance fund’’, $25,000,000 to remain available until expended. Agency for International Development development assistance haiti Not less than $10,000,000, of the funds made available in Public Law 101–167 for the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961, development assistance funds contained in prior foreign assistance appropriations Acts that were not made available for Haiti, or pursuant to section 515 of such public law, shall be made available for assistance to Haiti: Provided, That any of such funds made available for Haiti may be used for any of the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961 and also may be used to finance critical imports. chile For an additional amount for “Health, development assistance”, $10,000,000, to remain available through September 30, 1991, which shall be made available only for assistance for Chile. development assistance for anti-narcotics efforts of bolivia and peru Of the funds appropriated for fiscal year 1990 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), up to $25,000,000 should be available for Bolivia, and up to $20,000,000 should be available for Peru, for the following purposes— (1) providing alternative income, employment, and social services for individuals involved in illicit coca and marijuana production, (2) supporting investment in infrastructure, farm credit and extension services, and other development projects in non-coca production areas, and (3) otherwise assisting, in accordance with chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), such countries in continuing their anti-narcotics efforts. housing and other credit guaranty programs (a) Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended in the undesignated paragraph under the heading “housing and other credit guaranty programs”— (1) by striking out “$100,000,000” and inserting in lieu thereof “$500,000,000”; and (2) by inserting after “principal” in the last proviso under such heading the following: “, of which amount $400,000,000 in 104 STAT. 224commitments shall be available during fiscal year 1990 or subsequent fiscal years only for the purpose of providing housing and infrastructure in Israel for Soviet refugees: Provided further, That with respect only to the $400,000,000 in commitments to be made for housing and infrastructure in Israel referred to in the preceding proviso— “(1) the guarantees shall be made available for loans made during or after fiscal year 1990, notwithstanding the limitation contained in the third sentence of section 222(a) of the Foreign Assistance Act of 1961; “(2) the guarantees shall be made available for loans in increments of at least $150,000,000 or the amount requested by the borrower, whichever is lesser; and that the Agency for International Development shall review the borrower’s actual or planned expenditures to ascertain that such amounts have or will be expended in accordance with the preceding proviso; “(3) section 223(j) of the Foreign Assistance Act of 1961 (22 U.S.C. 21830)) shall not apply to such commitments; and “(4) fees charged by the Agency for International Development under section 223(a) of the Foreign Assistance Act of 1961 shall be— “(A) an initial fee of $2,800,000; and “(B) an annual fee in an amount not more than one-half of 1 percent of the maximum face value of guarantees which may be issued for any one country in a fiscal year pursuant to the penultimate sentence of section 223(j) of such Act.”. (b) Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182) is amended by striking out “$2,158,000,000” and inserting in lieu thereof “$2,558,000,000”. Economic Support Fund panama For an additional amount for the “Economic Support Fund”, $420,000,000, to remain available until September 30, 1991, which shall be made available only for assistance for Panama: Provided, That of this amount up to $15,000,000 may be used for a debt-for-nature swap and for immediate environmental needs. nicaragua For an additional amount for the “Economic Support Fund”, $300,000,000, to remain available until September 30, 1991, which shall be made available only for assistance for Nicaragua: Provided, That of this amount $30,000,000 shall be for assistance to support the voluntary demobilization, repatriation and resettlement of members of the Nicaraguan resistance and their families: Provided further, That such assistance may be made available only to members of the Nicaraguan resistance who agree to and are abiding by the terms of the ceasefire agreement and the addendum to the Toncontin Agreement signed on April 19, 1990: Provided further, That such assistance referred to in the previous proviso shall be provided through the International Commission of Support and Verification (CIAV) established by the Secretary General of the United Nations and the Secretary General of the Organization of 104 STAT. 225American States pursuant to the agreement of the Central American Presidents at Tela, Honduras, on August 7, 1989, unless the President notifies the Committees on Appropriations in accordance with the procedures contained in section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990: Provided further, That up to $8,000,000 of the funds made available by this subsection may be used for environmental activities, including the preservation of tropical forests, promotion of sustainable agriculture, control of pollution, and restoration of the natural resource base. forestry protection None of the funds appropriated in this Act for Nicaragua or Panama shall be used for any project that would result in any significant loss of tropical forests. administrative expenses Up to $10,000,000, of the funds made available under the headings “Panama” and “Nicaragua” may be used for the purpose of paying administrative expenses incurred by the Agency for International Development in connection with carrying out its functions under such headings. Evaluation and Audit In order to monitor the uses and evaluate the effectiveness of Economic Support Fund programs provided under this Act for Nicaragua and Panama— (1) the Administrator of the Agency for International Development shall— (A) submit periodic reports to the Committees on Appropriations, the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs on such assistance assessing compliance with specific program objectives with particular emphasis on monitoring commodity import programs and cash transfers for balance of payments and budget support programs; (B) in cooperation with the governments and nongovernmental organizations receiving such assistance, establish appropriate administrative systems and controls to ensure that the assistance is being used for its intended purposes; (2) the Inspector General of the Agency for International Development shall, at least semiannually beginning six months from the date of enactment of this Act, audit the Economic Support Fund programs provided under this Act for Nicaragua and Panama to assess the financial management and administrative systems established by the Agency to control such programs, and report to the Committees on Appropriations, the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs and the Administrator its findings; and (3) the General Accounting Office shall submit a report to the Committees on Appropriations, the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs not later than January 15, 1992, assessing the effectiveness of the Economic Support Fund assistance provided under this Act for Panama and Nicaragua, emphasizing commodity import pro-104 STAT. 226grams and cash transfers used for balance of payments and budget support, in meeting stated objectives, the effectiveness of fiscal and administrative controls, and the application of lessons learned from the implementation of these programs to other similar programs administered by the Agency. caribbean For an additional amount for the “Economic Support Fund”, $15,000,000, to remain available until September 30, 1991, which shall be made available only for assistance for countries in the Caribbean: Provided, That of the funds made available under this heading not less than $3,000,000 shall be made available only for Haiti to support the democratic electoral process: Provided further, That of the funds made available under this heading not less than $8,750,000 shall be made available only for Jamaica. assistance for the eastern caribbean For an additional amount to carry out the purposes of chapter 1 of part I of the Foreign Assistance Act of 1961, $5,000,000, for assistance for countries of the Eastern Caribbean, to remain available through September 30, 1991. subsaharan africa For an additional amount for the “Economic Support Fund”, $20,000,000, to remain available until September 30, 1991, which shall be made available for assistance for Sub-Saharan Africa: Provided, That of this amount $10,000,000 shall be for assistance for Namibia, and $10,000,000 shall be used to provide assistance, through the National Endowment for Democracy and other groups, to support programs and activities of organizations to encourage negotiations leading to a peaceful transition to a genuine democracy based on universal suffrage within a united South Africa, as follows: (1) Suspension of violence.—An organization which has engaged in armed struggle or other acts of violence shall be eligible for assistance under this section only if that organization is committed to a suspension of violence in the context of negotiations to establish a democratic system of government in South Africa. (2) Prohibition on using funds to support violence.—In order to receive assistance under this section, an organization must agree that it will not use any of the funds made available to it under this section for the purpose of supporting physical violence by any individual, group, or government. humanitarian assistance for armenia and romania (a) For an additional amount for “International disaster assistance”, $5,000,000, to remain available until September 30, 1991, which sum shall be made available, notwithstanding any other provision of law, for humanitarian assistance, transportation of materials provided for such assistance, medical treatment, and education and vocational training to the victims of the Armenian earthquake of December 7, 1988, which assistance shall be channeled through United States private and voluntary organizations and other United States nongovernmental organizations: Provided,104 STAT. 227That such funds are in addition to funds previously made available for such purposes: Provided further, That of the funds made available by this subsection for assistance for Armenia, up to 1 percent may be used by the Agency for International Development for costs of administering such program. (b) Not less than $4,000,000 of the total amount of funds available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance), which funds were— (1) appropriated by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167); (2) made available through the exercise of the authority contained in section 515 of that Act; or (3) appropriated for development assistance in prior foreign assistance appropriations Acts, shall be made available, notwithstanding any other provision of law, through international relief agencies and nongovernmental organizations for health assistance for children in Romania. subsaharan africa development assistance For an additional amount for “Sub-Saharan Africa, Development Assistance”, $10,000,000, to remain available until September 30, 1991. notification procedures Prior to each obligation of funds made available for the “Economic Support Fund” and “Sub-Saharan Africa, Development Assistance” in this Act, the Committees on Appropriations of the House of Representatives and the Senate shall be notified in accordance with section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. waivers and authorities (a) Funds appropriated by this chapter for the “Economic Support Fund” for Panama shall be available as follows: (1) up to $1,200,000 may be provided to carry out the purposes of section 534(b)(3) of the Foreign Assistance Act of 1961 for countries in Latin America and the Caribbean other than Panama; (2) assistance may be provided for technical assistance, training, and commodities with the objective of creating a professional civilian police force notwithstanding section 660 of the Foreign Assistance Act of 1961, except that such assistance shall not include more than $5,000,000 for the procurement of equipment for law enforcement purposes in Panama, and shall not include lethal equipment; and (3) the limitations contained in the second sentence of section 534(e) of the Foreign Assistance Act of 1961 and the second sentence of section 599G(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, shall not be applicable to assistance provided under this subsection. (b) Funds appropriated under this chapter for Panama and Nicaragua, as well as during fiscal year 1990 funds otherwise available for economic assistance under other provisions of law and assistance under chapter 8 of part II of the Foreign Assistance Act of 1961, may be made available for Panama and Nicaragua notwithstanding section 518 of the Foreign Operations, Export Financing, and 104 STAT. 228Related Programs Appropriations Act, 1990, section 620(q) of the Foreign Assistance Act of 1961, or any similar provision of law relating to foreign assistance repayments. (c) Funds appropriated under this Act may be made available notwithstanding section 10 of Public Law 91–672 and section 15 of the State Department Basic Authorities Act of 1956. Peace Corps Amounts appropriated under the heading “Peace Corps” by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167), may be made available for activities of the Peace Corps in Czechoslovakia.