restrictions on assistance for kenya

restrictions on assistance for kenya Sec. 203. (a) Restrictions.— None of the funds appropriated by this joint resolution or any other provision of law under the heading “Economic Support Fund” or “Foreign Military Financing Program” may be made available for Kenya unless the President105 STAT. 1714 determines, and so certifies to the Congress, that the Government of Kenya— (1) has released all political detainees and has ended the prosecution of individuals for the peaceful expression of their political beliefs; (2) has ceased the physical abuse or mistreatment of prisoners; (3) has restored judicial independence; (4) has taken significant steps toward respecting human rights and fundamental freedoms, including the freedom of thought, conscience, belief, expression, and the freedom to advocate the establishment of political parties and organizations; and (5) has implemented the principle of freedom of movement, including the right of all citizens of Kenya to leave and return to their country. (b) Prohibition.— (1) Limitation on new project assistance.— During fiscal year 1992, funds appropriated by this or any other Act to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 that are provided for assistance to the Government of Kenya for new projects shall be made available only for new projects— (A) that promote basic human needs, directly address poverty, enhance employment generation, and address environmental concerns; or (B) to improve the performance of democratic institutions, or otherwise promote the objectives being sought in the certification required by subsection (a). (2) Congressional Notification.— During fiscal year 1992, none of the funds appropriated by this or any other Act to carry out the provisions of chapters 1 and 10 of the Foreign Assistance Act of 1961 shall be obligated unless the Committees on Appropriations are notified at least 15 days in advance in accordance with the regular notification procedures of those Committees. (3) Applicability.— The provisions of paragraphs (1) and (2) of this subsection shall cease to apply 30 days after the certification described in subsection (a) is made to the Congress. (c) Date of Availability of Funds.— None of the funds appropriated by this joint resolution or any other provision of law under the heading “Economic Support Fund” or “Foreign Military Financing Program” may be obligated or expended for Kenya until 30 days after the certification described in subsection (a) is made to the Congress. Sec. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF UKRAINIAN INDEPENDENCE. (a) Findings.— The Senate makes the following findings: (1) On August 24, 1991, the democratically elected Ukrainian parliament declared Ukrainian independence and the creation of an independent, democratic state—Ukraine. (2) That declaration reflects the desire of the people of Ukraine for freedom and independence following long years of communist oppression, collectivization, and centralization. (3) On December 1, 1991, a republic-wide referendum will be held in Ukraine to confirm the August 24, 1991, declaration of independence. 105 STAT. 1715 (4) Ukraine is pursuing a peaceful and democratic path to independence and has pledged to comply with the Helsinki Final Act and other documents of the Conference on Security and Cooperation in Europe. (5) Ukraine and Russia signed an agreement on August 29, 1991, recognizing each other’s rights to state independence and affirming each other’s territorial integrity. (6) Ukraine, a nation of 52,000,000 people, with its own distinct linguistic, cultural, and religious traditions, is determined to take its place among the family of free and democratic nations of the world. (7) The Congress has traditionally supported the rights of people to peaceful and democratic self-determination. (8) As recognized in Article VIII of the Helsinki Final Act of the Conference on Security and Cooperation in Europe, “all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development”. (b) Sense of the Senate.— It is the sense of the Senate that the President— (1) should recognize Ukraine’s independence and undertake steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm Ukrainian parliament’s independence declaration; and (2) should use United States assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free market in Ukraine. Sec. 205. The appropriation entitled “Fishing Vessel Obligations Guarantees” in Public Law 102–140 is amended by striking the sum “$10,000,000” and inserting in lieu thereof the sum “$24,000,000”. Sec. 206. From the funds made available for Land Acquisition of the United States Fish and Wildlife Service in the fiscal year 1992 Department of the Interior and Related Agencies Appropriations Act (Public Law 102–154), $965,000 is hereby appropriated by transfer to the Resource Management account of the United States Fish and Wildlife Service. Sec. 207. Notwithstanding any other provision of law, amounts received by the United States for restitution and future restoration (including replacement or acquisition of equivalent natural resources) in settlement of United States v. Exxon Corporation and Exxon Shipping Company (Case No. A90–015–1CR and 2CR), hereinafter the Plea Agreement, United States v. Exxon Corporation et al. (Civil No. A91–082 CIV) and State of Alaska v. Exxon Corporation et al. (Civil No. A91–083 CIV), hereinafter referred to together as the Agreement and Consent Decree, as approved by the United States District Court for the District of Alaska on October 8, 1991, in fiscal year 1992 and thereafter shall be deposited into the Natural Resource Damage Assessment and Restoration Fund established by Public Law 102–154. Such amounts, and the interest accruing thereon, shall be available to the Federal Trustees identified in the Agreement and Consent Decree for necessary expenses for assessment and restoration of areas affected by the discharge of oil from the T/V EXXON VALDEZ on March 23–24, 1989, for fiscal year 1992 and thereafter in accordance with the Plea Agreement and the Agreement and Consent Decree: Provided, That such amounts (and105 STAT. 1716 accrued interest) shall remain available until expended: Provided further, That such amounts may be transferred to any account, as authorized by section 311(f)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(f)(5)), to carry out the provisions of the Plea Agreement and the Agreement and Consent Decree: Provided further, That herein and hereafter any amounts deposited into the Natural Resource Damage Assessment and Restoration Fund shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent such amounts are not, in his judgment, required to meet current withdrawals: Provided further, That interest earned by such investments shall be available for obligation without further appropriation: Provided further, That, for fiscal year 1992, the Federal Trustees shall provide written notification of the proposed transfer of such amounts to the Appropriations Committees of the House of Representatives and the Senate thirty days prior to the actual transfer of such amounts: Provided further, That, for fiscal year 1993 and thereafter, the Federal Trustees shall submit in the President’s Budget for each fiscal year the proposed use of such amounts.