Horn of Africa Recovery and Food Security Act
PL 102-274 (S.985), enacted 04/21/1992

PUBUC LAW 102-274—APR. 21,1992 
106 STAT. 115 
PubUc Law 102-274 
102d Ck>ngre88 
An Act 
To assure the people of the Horn of Africa the right to food and the other basic 
Apr. 21,1992 
necessities of life and to promote peace and development in the region. 
[S. 985] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Horn of Afrka 
Reooveiy and 
SECTION 1. SHORT TITLE. 
Act^^*'^*'^ 
This Act may be cited as the "Horn of Africa Recovery and Ethiopia. 
Food Security Act". 
SuSS*" 
SEC. 2. FINDINGS. 
^
^ 
The Congress makes the following findings: 
S^^^aiBi 
(1) The Horn of Africa (the region comprised of Ethiopia, 
^^ 
Somalia, Sudan, and Djibouti) is characterized by an extraor- 22 U
S
C 2151 
dinary degree of food insecurity as a result of war, famine, note, 
mounting debt, recurrent drought, poverty, and agricultural 
disruption, as well as gross violations of human rights, poUtical 
repression, environmental destruction, and the breakdown of 
such essential services as primary education and health care. 
(2) Internal conflict and famine have killed an estimated 
2,000,000 people in Ethiopia, Sudan, and Somalia since 1985, 
and generated another 8,000,000 displaced persons and refu-
gees, a number so high as to make millions wards of the 
United Nations and the international community. Relief offi-
cials now estimate that another 15,000,000 to 20,000,000 people 
are threatened by starvation as civil war and drought continue 
to ravage the area. 
(3) Governments and armed opposition groups in Ethiopia, 
Sudan, and Somalia have been g^lty of gross violations of 
human rights, which further erode food security in those coun-
tries. 
(4) Assistance policies have failed in large part because of 
political and economic insecurity, which have prevented the 
development of programs to achieve sustainable development 
and programs to achieve food security. 
(5) Appropriate assistance should promote real food security, 
which means access by all people at all times to enough food 
for an active and healthy life and the availability of sufficient 
income and food to prevent chronic dependency upon food assist-
ance. 
(6) The end of the Cold War rivalries in the Horn of Africa 
affords the United States the opportunity to develop a policy 
which addresses the extraordinary food security problem in 
the region. 
(7) Notwithstanding other pressing needs, the United States 
must accordingly fasmon a new foreigp policy toward the Horn 
of Africa and cooperate with other msgor donors and the United 
Nations— 
106 STAT. 116 
PUBLIC LAW 102-274—APR. 21,1992 
(A) to develop an emergency relief plan which meets 
the immediate basic human needs that arise as long as 
civil strife and famine afilict the region; 
(B) to promote immediately cease-fires, secure relief cor-
ridors, and an end to these conflicts; and 
(C) to provide creative developmental assistance which 
attacks the root causes of famine and war and assists 
these nations on the path to long-term security, reconstruc-
tion, voluntary repatriation, economic recovery, democracy, 
and peace, and which targets assistance to assist the poor 
majority more effectively. 
22 use 2151 
SEC. 3. STATEMENT OF POLICY REGARDING INDIVIDUAL COUNTRIES. 
(a) ETHIOPIA.—It is the sense of the Congress that the President 
should— 
(1) call upon the authorities who now exercise control over 
the central government in Ethiopia to protect the basic human 
rights of all citizens, to release from detention all political 
prisoners and other detainees who were apprehended by the 
Mengistu regime, and to facilitate the distribution of inter-
national 
relief 
and 
emergency 
humanitarian 
assistance 
throughout the country; 
(2) urge all authorities in Ethiopia to make good faith efforts 
to— 
(A) make permanent the cease-fire now in place and 
to permit the restoration of tranquility in the country, 
and 
(B) make arrangements for a transitional government 
that is broadly-based, that accommodates all appropriate 
points of view, that respects human rights, and that is 
committed to a process of reform leading to the writing 
of a constitution and the establishment of representative 
government; and 
(3) support efforts to ensure that the people of Eritrea are 
able to exercise their legitimate political rights, consistent with 
international law, including the right to participate actively 
in the determination of their political future, and call upon 
the authorities in Eritrea to keep open the ports of Mitsiwa 
and Aseb and to continue to permit the use of those ports 
for the delivery and distribution of humanitarian assistance 
to Eritrea and to Ethiopia as a whole. 
(b) SOMALIA.—It is the sense of the Congress that the President 
should— 
(1) use whatever diplomatic steps he considers appropriate 
to encourage a peaceful and democratic solution to the problems 
in Somalia; 
(2) commit increased diplomatic resources and energies to 
resolving the fundamental political conflicts which underlie the 
protracted humanitarian emergencies in Somalia; and 
(3) ensure, to the maximum extent possible and in conjunction 
with other donors, that emergency humanitarian assistance 
is being made available to those in need, and that none of 
the beneficiaries belong to military or paramilitary units. 
(c) SUDAN.—It is the sense of the Congress that the President 
should— 
(1) urge the Government of Sudan and the Sudanese People's 
Liberation Army to adopt at least a temporary cessation of 
PUBUC LAW 102-274—APR. 21,1992 
106 STAT. 117 
hostilities in order to assure the deUvery of emergency rehef 
to civihans in affected areas; 
(2) encourage active participation of the international commu-
nity to meet the emergency relief needs of Sudan; and 
(3) take steps to achieve a permanent peace. 
SEC. 4. HORN OF AFRICA RELIEF AND REHABILITATION PROGRAM. 22 USC 2151 
(a) 
EQUITABLE DISTRIBUTION OF RELIEF AND REHABILITATION "°*®' 
ASSISTANCE.—It should be the policy of the United States in promot-
ing equitable distribution of relief and rehabilitation assistance 
in the Horn of Africa— 
(1) to assure noncombatants (particularly refugees and dis-
placed persons) equal and ready access to all food, emergency, 
and relief assistance and, if relief or relief agreements are 
blocked by one faction in a region, to continue supplies to 
the civilian population located in the territory controlled by 
any opposing faction; 
(2) to provide relief, rehabilitation, and recovery assistance 
to promote self-reliance; and 
(3) to assure that relief is provided on the basis of need 
without regard to political affiliation, geographic location, or 
the ethnic, tribal, or religious identity of the recipient. 
(b) MAXIMIZING INTERNATIONAL RELIEF EFFORTS.—It should be 
the policy of the United States in seeking to maximize relief efforts 
for the Horn of Africa— 
(1) to redouble its commendable efforts to secure safe cor-
ridors of passage for emergency food and relief supplies in 
affected areas and to expand its support for the growing refugee 
population; 
(2) to commit sufficient resources under title II of the Agricul-
tural Trade Development and Assistance Act of 1954 (relating 
to emergency and private assistance programs), and under 
chapter 9 of part I of the Foreign Assistance Act of 1961 
(relating to international disaster assistance), to meet urgent 
needs in the region and to utilize unobligated security assist-
ance to bolster these resources; 
(3) to consult with member countries of the European Com-
munity, Japan, and other major donors in order to increase 
overall relief £md developmental assistance for the people in 
the Horn of Africa; 
(4) to lend the full support of the United States to all aspects 
of relief operations in the Horn of Africa, and to work in 
support of United Nations and other international and vol-
untary agencies, in breaking the barriers currently threatening 
the lives of millions of refugees and others in need; and 
(5) to urge the Secretary General of the United Nations 
to immediately appoint United Nations field coordinators for 
each country in the Horn of Africa who can act with the 
Secretary General's full authority. 
(c) HORN OF AFRICA CIVIL STRIFE AND FAMINE ASSISTANCE.— 
(1) AUTHORIZATION OF ASSISTANCE.—The President is author- President, 
ized to provide international disaster assistance under chapter 
9 of part I of the Foreign Assistance Act of 1961 for civil 
strife Euid famine relief and rehabilitation in the Horn of Africa. 
(2) DESCRIPTION OF ASSISTANCE TO BE PROVIDED.—Assistance 
pursuant to this subsection shall be provided for humanitarian 
purposes and shall include— 
106 STAT. 118 
PUBLIC LAW 102-274—APR. 21, 1992 
(A) relief and rehabilitation projects to benefit the poorest 
people, including— 
(i) the furnishing of seeds for planting, fertilizer, 
pesticides, 
farm 
implements, 
crop 
storage and 
preservation supplies, farm animals, and vaccine and 
veterinary services to protect livestock; 
(ii) blankets, clothing, and shelter; 
(iii) emergency health care; and 
(iv) emergency water and power supplies; 
(B) emergency food assistance (primarily wheat, maize, 
other grains, processed foods, and oils) for the eiffected 
and displaced civilian population of the Horn of Africa; 
and 
(C) inland and ocean transportation of, and storage of, 
emergency food assistance, including the provision of 
trucks. 
Assistance described in subparagraphs (B) and (C) shall be 
in addition to any such assistance provided under title II of 
the Agricultural Trade Development and Assistance Act of 1954. 
(3) USE OF PVOS FOR RELIEF, REHABILITATION, AND RECOVERY 
PROJECTS.—^Assistance under this subsection should be pro-
vided, to the maximum extent possible, through United States, 
international, and indigenous private and voluntary organiza-
tions. 
(4) MANAGEMENT SUPPORT ACTIVITIES.—Up to two percent 
of the amount made available for each fiscal year under para-
graph (5) for use in canying out this subsection may be used 
by the agency primarily responsible for administering part I 
of the Foreign Assistance Act of 1961 for management support 
activities associated with the planning, monitoring, and super-
vision of emergency humanitarian and food assistance in the 
Horn of Africa provided under this subsection and subsection 
(d). 
(5) TRANSFER OF SECURITY ASSISTANCE FUNDS.—The authority 
of section 610 of the Foreign Assistance Act of 1961 may be 
used to transfer for use in carrying out this subsection, without 
regard to the 20-percent increase limitation contained in that 
section, unobligated security assistance funds made available 
for fiscal year 1992 and 1993. As used in this paragraph, 
the term "security assistance funds" means funds available 
for economic support assistance, foreign military financing 
assistance, or international military education and training. 
(d) EMERGENCY FOOD ASSISTANCE.—The President is urged to 
use the authorities of title II of the Agricultural Trade Development 
and Assistance Act of 1954 to provide supplemental emergency 
food assistance for the various civilian victims of civil strife in 
the Horn of Africa, in accordance with paragraphs (2)(B), (2)(C), 
and (3) of subsection (c), in addition to the assistance otherwise 
provided for such purposes. 
22 use 2151 
SEC. 5. HORN OF AFRICA PEACE INITIATIVE. 
*
*
*
*
*
*
* 
(a) SUPPORT FOR GRASSROOTS PARTICIPATION.—It shall be the 
policy of the United States in promoting peace and development 
in the Horn of Africa— 
(1) to support expanded pluralistic and popular participation, 
the process by which all groups of people are empowered to 
involve themselves directly in creating the structures, policies, 
PUBUC LAW 102-274—APR. 21,1992 
106 STAT. 119 
and programs to contribute to equitable economic development, 
and to local, national, and regional peace initiatives; 
(2) to ensure that all citizens enjoy the protection of civil, 
political, economic, social, religious, and cultural rights, an 
independent judici£iry, and representative governmental institu-
tions, regardless of gender, religion, ethnicity, occupation, or 
association; and 
(3) to provide assistance to indigenous nongovernmental 
institutions that carry out activities in government-controlled 
or opposition-controlled territories and have the capacity or 
potential to promote conflict resolution, to advance development 
programs, or to carry out relief activities such as those described 
in section 4(c)(2). 
(b) CONSULTATIONS.—^The President is encouraged to undertake 
immediate consultations with appropriate countries, with armed 
and unarmed parties in the Horn of Africa, and with the Secretary 
General of the United Nations, in order to bring about negotiated 
settlements of the armed conflicts in the Horn of Africa. 
(c) MECHANISMS.—It is the sense of the Congress that the Presi-
dent should-^ 
(1) direct the United States Representative to the United 
Nations to— 
(A) urge the Secretary General of the United Nations 
to make cease-fires, safe corridors for emergency relief, 
and negotiated settlements of the armed corSlicts in the 
Horn of Africa a high and urgent priority; 
(B) propose that the United Nations Security Council 
establish a United Nations arms embargo to end the supply 
of arms to the region, pending the resolution of civil wars 
and other armed conflicts; £uid 
(C) pledge diplomatic and material 
resources for 
enhanced United Nations peacekeeping and peacemaking 
activities in the region, including monitoring of cease-fires; 
(2) play an active and ongoing role in other fora in pressing 
for negotiated settlements to armed conflicts in the Horn of 
Africa; and 
(3) support and participate in regional and international 
peace consultations that include broad representation from the 
countries and factions concerned. 
SEC. 6. HORN OF AFRICA FOOD SECURITY AND RECOVERY STRATEGY. 22 USC 2151 
(a) TARGETING ASSISTANCE TO AID THE POOR MAJORITY; USE 
OF PVOs AND INTERNATIONAL ORGANIZATIONS.— 
(1) TARGETING ASSISTANCE.—United States developmental 
assistance for the Horn of Africa should be tarjgeted to aid 
the poor majority of the people of the region (particularly refu-
gees, women, the urban poor, and small-scale farmers and 
pastoralists) to the m£iximum extent practicable. United States 
Government aid institutions should seek to— 
(A) build upon the capabilities £ind experiences of United 
States, international, and indigenous private and voluntary 
organizations active in local grassroots relief, rehabilita-
tion, and development efforts; 
(B) consult closely with such orgeuiizations and signifi-
cantly incorporate their views into the policymaking proc-
ess; and 
106 STAT. 120 
PUBUC LAW 102-274—APR. 21,1992 
(C) support the expansion and strengthening of their 
activities 
without 
compromising 
their 
private 
and 
independent nature. 
(2) PVOS AND INTERNATIONAL ORGANIZATIONS.—While sup-
port from indigenous governments is crucial, sustainable devel-
opment and food security in the Horn of Africa should be 
enhanced through the active participation of indigenous private 
and volimtary organizations, as well as international private 
and volimtary organizations, and international organizations 
that have demonstrated their ability to work as partners with 
local nongovernmental organizations and are committed to pro-
moting local grassroots activities on behalf of long-term develop-
ment and self-reliance in the Horn of Africa. 
(3) POLICY ON ASSISTANCE TO GOVERNMENTS.—United States 
assistance should not be provided to the Grovemment of Ethio-
pia, the Grovemment of Somalia, or the Government of Sudan 
until concrete steps toward peace, democracy, and human rights 
are taken in the respective country. 
(4) SUPPORT FOR PVOS.—Meanwhile, the United States should 
provide developmental assistance to those countries by support-
ing United States, indigenous, and international private and 
voluntary organizations working in those countries. Such assist-
ance should be expanded as quickly as possible. 
(b) EXAMPLES OF PROGRAMS.—^Assistance pursuant to this section 
should include programs to— 
(1) reforest and restore degraded natural areas and reestab-
lish resource management programs; 
(2) reestabhsh veterinary services, local crop research, and 
agricultural development projects; 
^ 
(3) provide basic education, including efforts to support the 
teaching of displaced children, and rebuild schools; 
(4) educate young people outside of their countries if conflict 
within their countries continues; 
(5) reconstitute and expand the deHvery of primary and 
maternal health care; and 
(6) establish credit, microenterprise, and income generation 
programs for the poor. 
(c) VOLUNTARY RELOCATION AND REPATRIATION.—Assistance pur-
suant to this section should also be targeted to the voluntary 
relocation and voluntary repatriation of displaced persons and refu-
gees after peace has been achieved. Assistance pursuemt to this 
Act may not be made available for any costs associated with any 
program of involuntary or forced resettlement of persons. 
(d) DEBT RELIEF; INTERNATIONAL FUND FOR RECONSTRUCTION.— 
Developmental assistance for the Horn of Africa should be carried 
out in coordination with long-term strategies for debt relief of 
countries in the region and with emerging efforts to establish an 
international fund for reconstruction of developing countries which 
settle civil wars within their territories. 
(e) ASSISTANCE THROUGH P V O S AND INTERNATIONAL ORGANIZA-
TIONS.—Unless a certification has been made with respect to that 
country under section 8, development assistance and assistance 
from the Development Fund for Africa for Ethiopia, Somalia, and 
Sudan shall be provided only through— 
(1) United States, international, and indigenous private and 
voluntary organizations (as the term "private and voluntary 
^^^ 
PUBUC LAW 102-274—APR. 21,1992 
106 STAT. 121 
organization" is defined in section 496(e)(2) of the Foreign 
Assistance Act of 1961); or 
(2) through international organizations that have dem-
onstrated effectiveness in working in partnership with local 
nongovernmental organizations and are committed to the pro-
motion of local grassroots activities on behalf of development 
£ind self-reliance in the Horn of Africa (such as the United 
Nations Children's Fund, the International Fund for Agricul-
tural Development, the United Nations High Commissioner 
for Refugees, the United Nations Development Program, and 
the World Food Program). 
This subsection does not prohibit the organizations referred to 
in paragraphs (1) and (2) from working with appropriate ministries 
or departments of the respective governments of such countries. 
(f) WAIVER OF RESTRICTIONS.—^Assistance pursuant to this section 
may be made available to Ethiopia, Somalia, and Sudan not-
withstanding any provision of law (other than the provisions of 
this Act) that would otherwise restrict assistance to such countries. 
(g) 
UNITED 
STATES VOLUNTARY 
CONTRIBUTIONS TO. INTER-
NATIONAL ORGANIZATIONS FOR DEVELOPMENTAL ASSISTANCE FOR 
THE HORN OF AFRICA.—It should be the policy of the United States 
to provide increasing voluntary contributions to United Nations 
agencies (including the United Nations Children's Fund, the Inter-
national Fund for Agricultural Development, the United Nations 
High Commissioner for Refugees, the United Nations Development 
Program, and the World Food Program) for expanded programs 
of assistance for the Horn of Africa and for refugees from the 
Horn of Africa who are in neighboring countries. 
(h) DEVELOPMENTAL ASSISTANCE AUTHORITIES.—Developmental 
assistance to carry out this section shall be provided pursuant 
to the authorities of chapter 1 of part I (relating to development 
assistance) and chapter 10 of part I (relating to the Development 
Fund for Africa) of the Foreign Assistance Act of 1961. 
SEC. 7. PROHIBITIONS ON SECURITY ASSISTANCE TO ETHIOPIA, 22 USC 2151 
SOMALIA, AND SUDAN. 
note. 
(a) PROHIBITION.—Economic support assistance, foreign military 
financing assistance, and international military education and train-
ing may not be provided for fiscal year 1992 or 1993 for the 
Government of Ethiopia, the (lovemment of Somalia, or the Govern-
ment of Sudan unless the President makes the certification 
described in section 8 with respect to that government. 
(b) ASSISTANCE FOR ETHIOPIA; CONDITIONAL WAIVER OF BROOKE-
ALEXANDER AMENDMENT.—If the President makes the certification 
described in section 8 with respect to the (government of Ethiopia, 
the President may provide economic support assistance, foreign 
military financing assistance, and international military education 
and training for Ethiopia for fiscal years 1992 and 1993 not-
withstanding section 620(q) of the Foreign Assistance Act of 1961 
or any similar provision. 
SEC. 8. CERTIFICATION. 
President 
22 USC 2151 
The certification required by sections 6(e) and 7 is a certification ^0^. 
by the President to the appropriate congressional committees that 
the government of the specified country— 
(1) has begun to implement peace agreements, national rec-
onciliation agreements, or both; 
106 STAT. 122 
PUBUC LAW 102-274—APR. 21,1992 
(2) has demonstrated a commitment to human rights within 
the meaning of sections 116 and 502B of the Foreign Assistance 
Act of 1961; 
(3) has manifested a commitment to democracy, has held 
or estabhshed a timetable for free and fair elections, and has 
agreed to implement the results of those elections; and 
(4) in the case of a certification for purposes of section 6(e), 
has agreed to distribute developmental assistance on the basis 
of need without regard to political affiliation, geographic loca-
tion, or the ethnic, tribal, or religious identity of the recipient. 
Preddent 
SEC. 9. REPORTING REQUIREMENT. 
22 use 2151 
note. 
Not later than 180 days after the date of enactment of this 
Act and each 180 days thereafter, the President shall submit a 
report to the appropriate congressional committees on the efforts 
and progress made in carrying out this Act. 
22 use 2151 
SEC. 10. DEFINITIONS. 
As used in this Act— 
(1) the term "appropriate congressional committees" means 
the Committee on Foreign Affairs and the Committee on Appro-
priations of the House of Representatives and the Committee 
on Foreign Relations and the Committee on Appropriations 
of the Senate; 
(2) the term "assistance from the Development Fund for 
Africa" means assistance imder chapter 10 of part I of the 
Foreign Assistance Act of 1961; 
(3) the term "development assistance" means assistance 
under chapter 1 of part I of the Foreign Assistance Act of 
1961; 
(4) the term "economic support assistance" means assistance 
under chapter 4 of part II of the Foreign Assistance Act of 
1961; 
(5) the term "foreign military financing assistance" means 
assistance under section 23 of the Arms Export Control Act; 
and 
(6) the term "international military education and training" 
means assistance under chapter 5 of part II of the Foreign 
Assistance Act of 1961. 
Approved April 21,1992. 
LEGISLATIVE HISTORY—S. 985: 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): July 16, considered and passed Senate. 
Vol. 138 (1992): Apr. 7, considered and passed House, amended. 
Apr. 8, Senate concurred in House amendment.