Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990
PL 101-167 (H.R.3743), enacted 11/21/1989

PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1195 
Public Law 101-167 
101st Congress 
An Act 
Making appropriations for foreign operations, export financing, and related programs 
for the fiscal year ending September 30, 1990, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1990, and 
for other purposes, namely: 
TITLE I—MULTILATERAL ECONOMIC ASSISTANCE 
Nov. 21, 1989 
[H.R. 3743] 
Foreign 
Operations, 
Export 
Financing, and 
Related 
Programs 
Appropriations 
Act, 1990. 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
CONTRIBUTIONS FOR ARREARAGES 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by the 
Secretary of the Treasury, $6,666,667, for the United States con-
tribution to the replenishments, to remain available until expended: 
Provided, That no such payment may be made while the United 
States Executive Director to the International Bank for Reconstruc-
tion and Development is compensated by the Bank at a rate in 
excess of the rate provided for an individual occupying a position at 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, or while the alternate United States Executive 
Director to the Bank is compensated by the Bank at a rate in excess 
of the rate provided for an individual occupying a position at level V 
of the Executive Schedule under section 5316 of title 5, United 
States Code. 
CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION 
For payment to the International Finance Corporation by the 
Secretary of the Treasury, $75,000,000, for the United States share 
of the increase in subscriptions to capital stock, to remain available 
until expended: Provided, That of this amount not more than 
$24,544,000 may be expended for the purchase of such stock in fiscal 
year 1990. 
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK 
For payment to the Inter-American Development Bank by the 
Secretary of the Treasury for the United States share of the paid-in 
share portion of the increase in capital stock, $31,617,983, and for 
the United States share of the increases in the resources of the Fund 
for Special Operations, $63,724,629, to remain available until ex-
103 STAT. 1196 
PUBLIC LAW 101-167—NOV. 21, 1989 
/ 
Discrimination, 
pended: Provided, That the funds made available under this heading 
prohibition. 
^Yia\\ be withheld from obligation until the Secretary of the Treas-
ury certifies that the Board of Executive Directors of the Inter-
American Development Bank has adopted policies to ensure that all 
recipients of assistance must agree in writing that in general any 
procurement of goods or services utilizing Bank funds shall be 
conducted in a manner that does not discriminate on the basis of 
nationality against any member country, firm or person interested 
in providing such goods or services: Provided further, That the 
Secretary of the Treasury shall instruct the United States Executive 
Director of the Inter-American Development Bank to use the voice 
and vote of the United States to oppose any assistance by the Bank 
9 
to any recipient of assistance who refuses to agree in writing that in 
( 
' 
general any procurement of goods or services utilizing Bank funds 
shall be conducted in a manner that does not discriminate on the 
basis of nationality against any member country, firm or person 
interested in providing such goods or services: Provided 
further, 
/^ 
That no such payment may be made while the United States 
Executive Director to the Bank is compensated by the Bank at a 
V 
rate in excess of the rate provided for an individual occupying a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, or while the alternate United States 
Executive Director to the Bank is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position at level V of the Executive Schedule under section 5316 of 
itle 5, United States Code. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 
For the United States contribution by the Secretary of the Treas-
ury to the increases in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended (Public 
: 
Law 89-369), $137,948,091, to remain available until expended: Pro-
vided, That no such payment may be made while the United States 
Executive Director to the Bank is compensated by the Bank at a 
rate which, together with whatever compensation such Director 
receives from the United States, is in excess of the rate provided for 
an individual occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, or while 
any alternate United States Director to the Bank is compensated by 
the Bank in excess of the rate provided for an individual occupying a 
position at level V of the Executive Schedule under section 5316 of 
title 5, United States Code. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 
For payment to the African Development Bank by the Secretary 
of the Treasury, for the paid-in share portion of the United States 
share of the increase in capital stock, $1,654,000, to remain available 
until expended: Provided, That no such payment may be made while 
the United States Executive Director to the Bank is compensated by 
the Bank at a rate in excess of the rate provided for an individual 
occupying a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, or while the alternate 
United States Executive Director to the Bank is compensated by the 
Bank at a rate in excess of the rate provided for an individual 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1197 
occupying a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
ANNUAL CONTRIBUTIONS TO INTERNATIONAL FINANCIAL INSTITUTIONS 
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION 
AND DEVELOPMENT 
For pa}rment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
share of the paid-in share portion of the increases in capital stock, 
for the General Capital Increase, $50,000,795, to remain available 
until expended: Provided, That no such payment may be made while 
the United States Executive Director to the Bank is compensated by 
the Bank at a rate in excess of the rate provided for an individual 
occupying a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, or while the alternate 
United States Executive Director to the Bank is compensated by the 
Bank at a rate in excess of the rate provided for an individual 
occupying a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by the 
Secretary of the Treasury, $958,333,333, for the United States con-
tribution to the replenishment, to remain available until expended: 
Provided, That $115,000,000 of the funds made available under this 
heading shall bis withheld from obligation until January 1, 1990: 
Provided further. That such funds withheld from obligation may be 
obligated after January 1, 1990, only if the President certifies: (1) 
that the International Development Association has not provided 
any new loans to China since June 27, 1989, or (2) that, if such loans 
have been provided, the United States Government believes that 
such loans will support the process of increasing individual freedoms 
and improving human rights in China: Provided further. That fif-
teen days prior to any obligation of funds for the International 
Development Association, the President shall report his certification 
to the Committees on Appropriations of the House and Senate, and 
the Committee on Banking, Finance and Urban Affairs of the House 
of Representatives and the Committee on Foreign Relations of the 
Senate: Provided further, That no such payment may be made while 
the United States Executive Director to the International Bank for 
Reconstruction and Development is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, or while the alternate United States 
Executive Director to the Bank is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position at level V of the Executive Schedule under section 5316 of 
title 5, United States Code. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 
For the United States contribution by the Secretary of the Treas-
ury to the increases in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended (Public 
Law 89-369), $40,000,000, to remain available until expended: Prt>-
China. 
Loans. 
Human rights. 
President of U.S. 
Reports. 
103 STAT. 1198 
PUBLIC LAW 101-167—NOV. 21, 1989 
vided, That no such contribution may be made while the United 
States Executive Director to the Asian Development Bank is com-
pensated by the Bank at a rate which, together with whatever 
~ 
compensation such Director receives from the United States, is in 
excess of the rate provided for an individual occupying a position at 
" level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, or while any alternate United States Director to 
. the Bank is compensated by the Bank in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code. 
, 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 
For payment to the African Development Fund by the Secretary 
of the Treasury, $105,000,000, for the United States contribution to 
the fifth replenishment of the African Development Fund, to remain 
available until expended. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 
For payment to the African Development Bank by the Secretary 
of the Treasury, for the paid-in share portion of the United States 
^ 
share of the increase in capital stock, $7,987,308 to remain available 
until expended: Provided, That no such payment may be made while 
the United States Executive Director to the Bank is compensated by 
the Bank at a rate in excess of the rate provided for an individual 
occupying a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, or while the alternate 
United States Executive Director to the Bank is compensated by the 
Bank at a rate in excess of the rate provided for an individual 
^ 
"
^ 
occupying a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
J 
^. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the African Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an 
^ 
amount not to exceed $134,809,613. 
CONTRIBUTION TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY 
OF THE INTERNATIONAL MONETARY FUND 
For payment to the Interest Subsidy Account of the Enhanced 
Structural Adjustment Facility of the International Monetary Fund, 
$140,000,000 to remain available until expended: Provided, That 
such funds are available subject to authorization: Provided further, 
That none of the funds made available by this paragraph shall be 
available for obligation or disbursement until the Secretary of the 
Treasury has assured the Committees on Appropriations in writing 
that the current policy of the International Monetary Fund (IMF) 
and the United States Government requiring that all congressional 
inquiries to IMF employees be cleared through the office of the 
United States Executive Director of the IMF has been reversed 
thereby allowing unmonitored and unfettered contact between Con-
gress and IMF employees. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1199 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of sections 301 
and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of 
the United Nations Environment Program Participation Act of 
1983, $265,115,000: Provided, That no funds shall be available for the 
United Nations Fund for Science and Technology: Provided further. 
That the total amount of funds appropriated under this heading 
shall be made available only as follows: $109,510,000 for the United 
Nations Development Program; $65,400,000 for the United Nations 
Children's Fund, of which amount 75 per centum (less amounts 
withheld consistent with section 307 of the Foreign Assistance Act of 
1961 and section 526 of this Act) shall be obligated and expended no 
later than thirty days after the date of enactment of this Act and 25 
per centum of which shall be expended within thirty days from the 
start of the United Nations Children's Fund fourth quarter of 
operations for 1990; $980,000 for the World Food Program; 
$1,500,000 for the United Nations Capital Development Fund; 
$800,000 for the United Nations Voluntary Fund for the Decade for 
Women; $200,000 for the United Nations International Research 
and Training Institute for the Advancement of Women; $100,000 for 
the Intergovernmental Panel on Climate Change; $2,000,000 for the 
International Convention and Scientific Organization Contributions; 
$2,000,000 for the World Meteorological Organization Voluntary 
Cooperation Program; $22,000,000 for the International Atomic 
Energy Agency; $12,000,000 for the United Nations Environment 
Program; $800,000 for the United Nations Educational and Training 
Program for Southern Africa; $110,000 for the United Nations In-
stitute for Namibia; $500,000 for the United Nations Trust Fund for 
South Africa; $750,000 for the Convention on International Trade in 
Endangered Species; $220,000 for the World Heritage Fund; $100,000 
for the United Nations Voluntary Fund for Victims of 'Torture; 
$245,000 for the United Nations Fellowship Program; $400,000 for 
the United Nations Center on Human Settlements; $500,000 for the 
UNIDO Investment 
Promotion 
Service; $10,000,000 for 
the 
Organization of American States; and $35,000,000 for the United 
States contributions to the third replenishment of the International 
Fund for Agricultural Development: Provided, That none of the 
funds appropriated under this heading shall be made available for 
the International Fund for Agricultural Development until agree-
ment has been reached on the third replenishment of the Fund: 
Provided further. That funds appropriated under this heading may 
be made available for the International Atomic Energy Agency only 
if the Secretary of State determines (and so reports to the Congress) 
that Israel is not being denied its right to participate in the activi-
ties of that Agency. 
TITLE II—BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1990, unless 
otherwise specified herein, as follows: 
103 STAT. 1200 
Abortion. 
Grants. 
Discrimination, 
prohibition. 
PUBLIC LAW 101-167—NOV. 21, 1989 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION, DEVELOPMENT 
ASSISTANCE 
For necessary expenses to carry out the provisions of section 103, 
$483,715,000: Provided, That up to $5,000,000 shall be provided for 
new development projects of private entities and cooperatives utiliz-
ing surplus dairy products: Provided further. That not less than 
$8,000,000 shall be provided for the Vitamin A Deficiency Program: 
Provided further. That, notwithstanding any other provision of law, 
up to $10,000,000 of the funds appropriated under this heading shall 
be made available, and remain available until expended, for agricul-
tural activities in Poland which are managed by the Polish Catholic 
Church or other nongovernmental organizations: Provided further. 
That not less than $1,000,000 shall be available for a Farmer-to-
Farmer program for Poland, notwithstanding any other provision of 
law. 
POPULATION, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 
104(b), $220,000,000: Provided, That none of the funds made avail-
able in this Act nor any unobligated balances from prior appropria-
tions may be made available to any organization or program which, 
as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization: Provided further. That none of the funds 
made available under this heading may be used to pay for the 
performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions; and that in 
order to reduce reliance on abortion in developing nations, funds 
shall be available only to voluntary family planning projects which 
offer, either directly or through referral to, or information about 
access to, a broad range of family planning methods and services: 
Provided further. That in awarding grants for natural family plan-
ning under section 104 of the Foreign Assistance Act no applicant 
shall be discriminated against because of such applicant's religious 
or conscientious commitment to offer only natural family planning; 
and, additionally, all such applicants shall comply with the require-
ments of the previous proviso: Provided further. That nothing in this 
subsection shall be construed to alter any existing statutory prohibi-
tions against abortion under section 104 of the Foreign Assistance 
Act. 
HEALTH, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 
104(c), $125,994,000. 
INTERNATIONAL AIDS PREVENTION AND CONTROL PROGRAM 
For necessary expenses to carry out the provisions of chapter 1 of 
part I of the Foreign Assistance Act of 1961, $42,000,000, which shall 
be made available only for activities relating to research on, and the 
treatment and control of, acquired immune deficiency syndrome 
(AIDS) in developing countries: Provided, That of the funds made 
available under this heading $21,000,000 shall be provided directly 
to the World Health Organization for its use in financing the Global 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1201 
Progrsun on AIDS, including activities implemented by the Pan 
American Health Organization. 
CHILD SURVIVAL FUND 
For necessary expenses to carry out the provisions of section 
104(cX2), $71,000,000. 
EDUCATION AND HUMAN RESOURCES 
DEVELOPMENT, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 105, 
$134,541,000: Provided, That $1,500,000 of the funds appropriated 
under this heading shall be made available for the Caribbean Law 
Institute: Provided further. That not less than $67,270,000 of the 
funds appropriated under this heading and under the heading "Sub-
Saharan Africa, Development Assistance" shall be available only for 
programs in basic primary and secondary education: Provided fur-
ther. That in fiscal year 1990 the Agency for International Develop-
ment shall initiate three new bilateral projects in basic primary and 
secondary education, at least two of which shall be initiated in Sub-
Saharan Africa: Provided further. That not less than $20,000,000 of 
the funds appropriated under this heading shall be made available 
for the International Student Exchange Program, of which 
$2,000,000 shall be available, notwithstanding any other provision of 
law, for students from Poland and Hungary: Provided further. That 
not less than $1,200,000 of the funds appropriated under this head-
ing shall be made available for leadersMp programs for the Ameri-
cas that have a demonstrated record of performance: Provided 
further. That not less than $2,000,000 of the funds appropriated 
under this heading shall be made available, notwithstanding any 
other provision of law, for technical training for the people of 
Poland and Hungary in skills which would foster the development of 
a market economy and the private sector, including training in 
management and agricultural extension: Provided further, That not 
less than $3,000,000 of the funds appropriated under this heading 
shall be made available, notwithstanding any other provision of law, 
for educational and cultural exchanges with Poland and Hungary, 
which shall be undertaken in cooperation with the United States 
Information Agency. 
PRIVATE SECTOR, ENVIRONMENT, AND ENERGY, DEVELOPMENT 
ASSISTANCE 
For necessary expenses to carry out the provisions of section 106, 
$149,209,000: Provided, That not less than $7,500,000 shall be made 
available only for cooperative projects among the United States, 
Israel and developing countries of which not less than $5,000,000 
shall be made available for the Cooperative Development Program, 
and of which not less than $2,500,000 shall be made available for 
cooperative development research projects: Provided further. That 
not less than $5,000,000 shall be made available only for the Central 
American Rural Electrification Support project: Provided 
further. 
That not less than $2,000,000 of the funds appropriated under this 
heading or under the heading "Sub-Saharan Africa, Development 
Assistance", shall be made available for assistance in support of 
elephant conservation and preservation: Provided further. That not 
103 STAT. 1202 
PUBLIC LAW 101-167—NOV. 21, 1989 
less than $3,300,000 of the funds appropriated under this heading 
shall be made available, notwithstanding any other provision of law, 
for assistance to establish an £iir quality monitoring network in the 
Krakow, Poland metropolitan area, to improve water quality and 
the availability of drinking water in the Krakow metropolitan area, 
and to establish and support a regionsd environmental center in 
Budapest, Hungary for facilitating cooperative environmental 
activities, which activities shall be undertaken in cooperation with 
the Environmental Protection Agency: Provided further, That not 
less than $10,000,000 of the funds appropriated under this heading 
shall be made available, notwithstanding any other provision of law, 
for support for retrofitting a coal-fired commercial plant in the 
Krakow, Poland region with clean coal technology and for assistance 
to assess and develop the capability within Poland to manufacture 
or modify equipment that will enable industrial activities within 
Poland to use fossil fuels cleanly, which activities shall be under-
taken in cooperation with the Department of Energy: Provided 
further. That the Administrator of the Agency for International 
Development or his designee may vest title in any property acquired 
under the previous two provisos in an entity other than the United 
States: Provided further. That not less than $1,500,000 of the funds 
appropriated under this heading shall be made available, notwith-
standing any other provision of law, for the provision of technical 
assistance to Poland and Hungary (1) for the implementation of 
labor market reforms, and (2) to facilitate adjustment during the 
period of transition to free labor markets and labor organizations, 
which activities shall be undertaken in cooperation with the Depart-
ment of Labor and United States labor and business representatives. 
SCIENCE AND TECHNOLOGY, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of section 106, 
$8,662,000. 
MICRO-ENTERPRISE DEVELOPMENT 
Of the funds appropriated by this Act to carry out chapter 1 of 
part I and chapter 4 of part II of the Foreign Assistance Act of 1961, 
not less than $75,000,000 shall be made available for programs of 
credit and other assistance for micro-enterprises in developing coun-
tries: Provided, That local currencies which accrue as a result of 
assistance provided to carry out the provisions of the Foreign Assist-
ance Act of 1961 £ind the Agricultural Trade Development and 
Assistance Act of 1954 may be used for assistance for micro-enter-
prises: Provided further. That such local currencies which are used 
for this purpose shall be in lieu of funds earmarked under this 
heading and shall reduce the amount earmarked for assistance for 
micro-enterprises by an equal amount. 
POLAND AND HUNGARY 
Notwithstanding any other provision of law, of the funds appro-
priated by this Act to carry out chapter 1 of part I and chapter 4 of 
part II of the Foreign Assistance Act of 1961, not less than 
$45,000,000 shall be made available for Poland and not less than 
$5,000,000 shall be made available for Hungary, which funds shall 
be used in support of the private sector and other economic develop-
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1203 
ment programs: Provided, That funds made available under this 
heading shall remain available until September 30,1991. 
SUB-SAHARAN AFRICA, DEVELOPMENT ASSISTANCE 
For necessary expenses to carry out the provisions of sections 103 
through 106 and section 121 of the Foreign Assistance Act of 1961, 
$565,000,000, for assistance only for Sub-Saharan Africa, which shall 
be in addition to any amounts otherwise available for such purposes: 
Provided, That the authorities contained under this heading in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), shall be applicable 
to amounts appropriated under this heading until an Act authoriz-
ing assistance for such purposes for the fiscal year 1990 is enacted 
into law: Provided further, That not less than $50,000,000 of the 
funds appropriated under this heading shall be made available only 
to assist activities supported by the Southern Africa Development 
Coordination Conference: Provided further. That funds appropriated 
under this heading which are made available for activities sup-
ported by the Southern Africa Development Coordination Con-
ference shall be made available notwithstanding section 518 of this 
Act and section 620(q) of the Foreign Assistance Act of 1961. 
ZAIRE 
Funds appropriated to carry out chapter 1 of part I which are 
allocated for Zaire shall be made available through private and 
voluntary organizations to the maximum extent practicable, 
ASSISTANCE FOR DISPLACED CHILDREN 
Of the aggregate of the funds appropriated by this Act to carry out 
part I of the Foreign Assistance Act of 1961, not less than $3,000,000 
shall be made available for programs and activities for children who 
have become orphans as a result of the effects of drought, civil strife, 
and other natural and man-made disasters: Provided, That assist-
ance under this heading shall be made available in accordance with 
the policies and general authorities contained in section 491 of the 
Foreign Assistance Act of 1961. 
ASSISTANCE FOR VICTIMS OF WAR 
Of the aggregate of the funds appropriated by this Act to carry out 
part I and chapter 4 of part II of the Foreign Assistance Act of 1961, 
not less than $5,000,000 shall be made available, notwithstanding 
any other provision of law, for assistance for the provision of 
prostheses and related assistance for civilians who have been in-
jured as a result of civil strife and warfare: Provided, That this 
amount shall be derived in equal amounts from part I and from 
chapter 4 of part II. 
WOMEN IN DEVELOPMENT 
In recognition that the full participation of women in, and the full 
contribution of women to, the development process are essential to 
achieving economic growth, a higher quality of life, and sustainable 
development in developing countries, not less than $5,000,000 of the 
funds appropriated by this Act to carry out part I of the Foreign 
Assistance Act of 1961, in addition to funds otherwise available for 
103 STAT. 1204 
PUBLIC LAW 101-167—NOV. 21, 1989 
such purposes, shall be used to encourage and promote the participa-
tion and integration of women as equal partners in the development 
process in developing countries, of which not less than $3,000,000 
shall be made available as matching funds to support the activities 
of the Agency for International Development's field missions to 
integrate women into their programs: Provided, That the Agency for 
International Development shall seek to ensure that country strate-
gies, projects, and programs are designed so that the percentage of 
women participants will be demonstrably increased. 
PRIVATE AND VOLUNTARY ORGANIZATIONS 
22 use 2l5lu 
None of the funds appropriated or otherwise made available by 
^°^- 
this Act for development assistance may be made available to any 
United States private and voluntary organization, except any co-
operative development organization, which obtains less than 20 per 
centum of its total annusd funding for international activities from 
sources other than the United States (Jovernment: Provided, That 
the requirements of the provisions of section 123(g) of the Foreign 
Assistance Act of 1961 and the provisions on private and voluntary 
organizations in title 11 of the "Foreign Assistance and Related 
Programs Appropriations Act, 1985" (as enacted in Public Law 98-
473) shall be superseded by the provisions of this section. 
PRIVATE SECTOR REVOLVING FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the provisions of section 108 
of the Foreign Assistance Act of 1961, not to exceed $5,000,000 to be 
derived by transfer from funds appropriated to carry out the provi-
sions of chapter 1 of part I of such Act, to remain available until 
expended. During fiscal year 1990, obligations for assistance from 
amounts in the revolving fund account under section 108 shall not 
exceed $3,500,000. 
During fiscal year 1990, total commitments to guarantee loans 
shall not exceed $46,115,020 of contingent liability for loan principal. 
AMERICAN SCHOOLS AND HOSPITALS ABROAD 
For necessary expenses to carry out the provisions of section 214, 
$35,000,000. 
INTERNATIONAL DISASTER ASSISTANCE 
For necessary expenses to carry out the provisions of section 491, 
$25,000,000, to remain available until expended: Provided. That not 
less than $500,000 of the funds appropriated under this heading may 
be made available for assistance for children who have become 
orphans as a result of natural disasters. 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND 
For payment to the "Foreign Service Retirement and Disability 
Fund", as authorized by the Foreign Service Act of 1980, 
$40,147,000. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1205 
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
For necessary expenses to carry out the provisions of section 667, 
$437,000,000: Provided, That not more than $15,000,000 (except that 
payment may be made under this limitation only for those cat-
egories of services for which charges have been made under Foreign 
Affairs Administrative Support both in prior years and in the 
current year) of this amount shall be for Foreign Affairs Adminis-
trative Support. 
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 
DEVELOPMENT OFFICE OF INSPECTOR GENERAL 
For necessary expenses to carry out the provisions of section 667, 
$31,000,000, which sum shall be available only for the operating 
expenses of the Office of the Inspector General notwithstanding 
section 451 or 614 of the Foreign Assistance Act of 1961 or any other 
provision of law: Provided, That up to 3 per centum of the amount 
made available under the heading "Operating Expenses of the 
Agency for International Development" may be transferred to and 
merged and consolidated with amounts made available under this 
heading: Provided further. That except as may be required by an 
emergency evacuation affecting the United States diplomatic mis-
sions of which they are a component element, none of the funds in 
this Act, or any other Act, may be used to relocate the overseas 
Regional Offices of the Inspector General to a location within the 
United States without the express approval of the Inspector Gen-
eral: Provided further. That the total number of positions authorized 
for the Office of Inspector General in Washington and overseas shall 
be not less than two hundred and forty at September 30, 1990. 
HOUSING AND OTHER CREDIT GUARANTY PROGRAMS 
During the fiscal year 1990, total commitments to guarantee loans 
shall not exceed $125,000,000 of contingent liability for loan prin-
cipal: Provided, That the President shall enter into commitments to 
President of U.S. 
guarantee such loans in the full amount provided under this head- 
^^^' 
ing, subject only to the availability of qualified applicants for such 
guarantees: Provided further. That guarantees issued under this 
heading shall guarantee 100 per centum of the principal and in-
terest payable on such loans: Provided further. That no loans 
guaranteed under this heading shall be issued or held by the 
Federal Financing Bank: Provided further, That pursuant to section 
223(e)(2) of the Foreign Assistance Act of 1961 borrowing authority 
provided therein may be exercised in such amounts as may be 
necessary to retain an adequate level of contingency reserves for the 
fiscal year 1990: Provided further. That section 222(a) of the Foreign 
Assistance Act of 1961 is amended by striking out "September 30, 
22 use 2182. 
1990" and inserting in lieu thereof "September 30, 1991": Provided 
further. That notwithstanding the prior limitation on total commit-
ments to guarantee loans at not to exceed $125,000,000, during the 
fiscal year 1990, total commitments to guarantee loans shall not 
exceed $100,000,000 of contingent liability for loan principal. 
103 STAT. 1206 
PUBLIC LAW 101-167—NOV. 21, 1989 
Egypt. 
President of U.S. 
22 u s e 2346c. 
ECONOMIC SUPPORT FUND 
For necessary expenses to carry out the provisions of chapter 4 of 
part II, $3,205,000,000: Provided, That of the funds appropriated 
under this heading, not less than $1,200,000,000 shall be available 
only for Israel, which sum shall be available on a grant basis as a 
cash transfer and shall be disbursed within thirty days of enactment 
of this Act or by October 31, 1989, whichever is later: Provided 
further. That not less than $815,000,000 shall be available only for 
Egypt, which sum shall be provided on a grant basis, and of which 
sum cash transfer assistance may be provided, with the understand-
ing that EJgypt will undertsike significant economic reforms which 
are additional to those which were undertaken in previous fiscal 
years, and of which not less than $200,000,000 shall be provided as 
Commodity Import Program assistance: Provided further. That suffi-
cient Eg3rptian pounds generated from funds made available under 
this heading or any other heading of this Act shall be made avail-
able to the United States pursuant to the United States-Egypt 
Economic, Technical and Related Assistance Agreements of 1978 
(which provide for local currency requirement for programs of the 
United States in Egypt to be made available to the United States in 
the manner requested by the United States Government), to enable 
the United States Embassy in Cairo to restore the endowment 
entitled "U.S. Government Trustee" to the Egs^ptian pound equiva-
lent level, at the commercial rate of exchange, of $50,000,000, the 
level of endowment established by Congress in Public Law 99-88: 
Provided further. That an additional 20,000,000 Egyptian pounds 
generated from the same sources shall be made available pursuant 
to the same agreements to enable the United States Embassy in 
Cairo to establish an endowment to support other United States 
educational programs in Egjrpt: Provided further. That in exercising 
the authority to provide cash transfer assistance for Israel and 
Eg3T)t, the President shall ensure that the level of such assistance 
does not cause an adverse impact on the total level of nonmilitary 
exports from the United States to each such country: Provided 
further. That it is the sense of the Congress that the recommended 
levels of assistance for Egypt and Israel are based in great measure 
upon their continued participation in the Camp David Accords and 
upon the Egyptian-Israeli peace treaty: Provided further. That of the 
funds appropriated under this heading and allocated for El Sal-
vador, up to $1,500,000 (or the equivalent in local currencies gen-
erated with funds provided to El Salvador under this heading) may 
be made available, notwithstanding section 660 of the Foreign 
Assistance Act of 1961, to assist the Grovemment of El Salvador's 
Special Investigative Unit, including for the purpose of bringing to 
justice those responsible for the murders of United States citizens in 
El Salvador: Provided further. That section 534(e) of the Foreign 
Assistance Act of 1961 is amended by (1) striking "each of fiscal 
years 1988 and 1989" and inserting in lieu thereof "fiscal year 
1990"; and (2) striking "September 30, 1989" and inserting in lieu 
thereof "September 30, 1990": Provided further. That not less than 
$12,000,000 of the funds appropriated under this heading shall be 
made available for the West Bank and Gaza Program through the 
Asia and Near East regional program: Provided further. That not 
less than $35,000,000 of the funds appropriated under this heading 
shall be made available for Jordan: Provided further. That not less 
than $15,000,000 of the funds appropriated under this heading shall 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1207 
be made available for Cyprus: Provided further, That not less than 
$230,000,000 of the fiinds appropriated under this heading shall be 
made available for Pakistan: Provided further. That not less than 
$20,000,000 of the funds appropriated under this heading shall be 
made available for Morocco: Provided further. That none of the 
funds appropriated under this heading shall be made available for 
Zaire: Provided further. That prior to the initial obligation of assist-
ance for El Salvador from funds appropriated under this heading, 
the President shall report to the Congress on the extent to which the 
Government of El Salvador has made demonstrable progress in 
settling outstanding expropriation claims of American citizens in 
compliance with the judgment of the Supreme Court of El Salvador: 
Provided further. That the total amount of assistance provided for 
any country in Central America under this heading and to carry out 
the provisions of sections 103 through 106 of the Foreign Assistance 
Act of 1961 shall not be reduced, from amounts allocated to such 
country for such purposes for fiscal year 1989, by a percentage 
greater than the percentage reduction from amounts allocated for 
any other country in Central America for such purposes for such 
fiscal year: Provided further. That if funds made available under 
this heading are provided to a foreign country as cash transfer 
assistance, that country shall be required to maintain these funds in 
a separate account and not commingle them with any other funds: 
Provided further. That such funds may be obligated and expended 
notwithstanding provisions of law which are inconsistent with the 
nature of this assistance including provisions which are referenced 
in the Joint Explanatory Statement of the Committee of Conference 
accompanying House Joint Resolution 648 (H. Rept. No. 98-1159): 
Provided further. That all local currencies that may be generated 
with such funds shall be treated in accordance with section 592 of 
this Act: Provided further. That at least fifteen days prior to obligat-
ing any such assistance to a foreign country under this heading, the 
President shall submit a notification through the regular notifica-
tion procedures of the Committees on Appropriations, the Commit-
tee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate, which shall include a 
detailed description of how the funds proposed to be made available 
will be used, with a discussion of the United States interests that 
will be served by the assistance (including, as appropriate, a descrip-
tion of the economic policy reforms that will be promoted by such 
assistance): Provided further. That not more than $5,000,000 of the 
funds appropriated under this heading may be made available to 
finance tied aid credits, unless the President determines it is in the 
national interest to provide in excess of $5,000,000 and so notifies 
the Committees on Appropriations through the regular notification 
procedures of the Committees on Appropriations: Provided further. 
That notwithstanding any other provision of law, none of the funds 
appropriated under this heading may be used for tied aid credits 
without the prior approval of the Administrator of the Agency for 
International Development: Provided further. That, except as pro-
vided by this Act, none of the funds appropriated under this heading 
by this Act or prior foreign assistance appropriations Acts, shall be 
made available for tied aid credits in accordance with any provision 
of law enacted after May 19, 1988: Provided further. That not less 
than $5,000,000 of the funds appropriated under this heading shall 
be made available, notwithstanding any other provision of law, for 
the humanitarian relief, medical treatment, education and voca-
PresidentofU.S. 
Reports. 
Claims. 
22 u s e 2346 
note. 
President of U.S. 
103 STAT. 1208 
PUBLIC LAW 101-167—NOV. 21, 1989 
tional training of victims of the Armenian earthquake of December 
7, 1988, which amount shall be channeled through United States 
private and voluntary organizations and other United States non-
governmental organizations: Provided further. That $2,000,000 of 
the funds appropriated under this heading shall be made available, 
notwithstanding any other provision of law, for the provision of 
medical supplies and hospital equipment to Poland, including ex-
penses of purchasing, transporting, and distributing such supplies 
and equipment, and for training Polish medical personnel: Provided 
further. That $1,500,000 of the funds appropriated under this head-
ing shall be made available, notwithstanding any other provision of 
law, only to support Solidarity through the AFL-CIO's Free Trade 
Union Institute to promote democratic activities in Poland: Provided 
further. That not less than $200,000,000 of the funds appropriated 
under this heading shall be available, notwithstanding any other 
provision of law, for Poland: Provided further. That $2,500,000 of the 
funds appropriated under this heading shall be available, notwith-
standing any other provision of law, to support independent, demo-
cratic organizations and activities in Poland and Hungary: Provided 
further. That funds made available under this heading shall remain 
available until September 30,1991. 
INTERNATIONAL FUND FOR IRELAND 
For necessary expenses to carry out the provisions of chapter 4 of 
part II, $20,000,000, which shall be available for the United States 
contribution to the International Fund for Ireland and shall be 
made available in accordance with the provisions of the Anglo-Irish 
Agreement Support Act of 1986 (Public Law 99-415): Provided, That 
such amount shall be expended at the minimum rate necessary to 
make timely payment for projects and activities: Provided further, 
That funds made available under this heading shall remain avail-
able until expended. 
MULTILATERAL ASSISTANCE INITIATIVE FOR THE PHILIPPINES 
For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, $160,000,000, which shall be available for the 
Multilateral Assistance Initiative for the Philippines: Provided, 
That not less than 75 per centum of the funds appropriated under 
this heading shall be made available for project and sector activities 
consistent with the purposes of sections 103 through 106 of such Act: 
President of U.S. 
Provided further. That the President shall seek to channel through 
indigenous and United States private voluntary organizations and 
cooperatives not less than $20,000,000 of the funds appropriated 
under this heading and of the funds appropriated and allocated for 
the Philippines to carry out sections 103 through 106 of such Act: 
Provided further. That up to a total of $40,000,000 of the funds 
appropriated to carry out sections 103 through 106 and chapter 4 of 
part II of such Act may be transferred to and consolidated and 
merged with the funds appropriated under this heading notwith-
standing the limitations on transfers between accounts contained in 
section 514 of this Act and sections 109 and 610 of the Foreign 
Assistance Act of 1961: Provided further. That any funds transferred 
to carry out the purposes of this heading shall be made available 
only for projects and activities which are consistent with the pur-
poses of those funds as initially appropriated: Provided further, That 
PUBLIC LAW 101-167-NOV. 21, 1989 
103 STAT. 1209 
of the total amount of funds transferred to carry out the purposes of 
this heading not less than 50 per centum shall be derived from funds 
appropriated to carry out chapter 4 of part II of the Foreign 
Assistance Act: Provided further. That transfers of any funds to 
carry out the purposes of this heading shall be subject to the regular 
notification procedures of the Committees on Appropriations: Pro-
vided further. That funds made available under this heading shall 
remain available until September 30, 1991: Provided further, That 
none of the funds appropriated under this heading shall be made 
available except as provided through the regular notification proce-
dures of the Committees on Appropriations. 
INDEPENDENT AGENCIES 
AFRICAN DEVELOPMENT FOUNDATION 
For necessary expenses to carry out the provisions of title V of the 
International Security and Development Cooperation Act of 1980, 
Public Law 96-533, and to make such contracts and commitments 
without regard to fiscal year limitations, as provided by section 
9104, title 31, United States Code, $9,000,000: Provided, That, when, 
with the permission of the Foundation, funds made available to a 
grantee under this heading are invested pending disbursement, the 
resulting interest is not required to be deposited in the United 
States Treasury if the grantee uses the resulting interest for the 
purpose for which the grant was made. This provision applies with 
respect to both interest earned before and interest earned after the 
enactment of this provision: Provided further. That section 507(aXl) 
of the African Development Foundation Act is amended by adding 
22 USC 209h-5. 
at the end thereof the following: "Members of the Board shall be 
appointed so that no more than four members of the Board are 
members of any one political party.": Provided further. That the 
22 USC 290h-5 
amendment to section 507(aXl) of such Act shall not affect an 
note. 
appointment made to the Board prior to the date of enactment of 
this Act: Provided fuHher, That section 511 of the African Develop- 
22 USC 290h-9. 
ment Foundation Act is repealed. 
INTER-AMERICAN FOUNDATION 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 
401 of the Foreign Assistance Act of 1969, and to make such 
contracts and commitments without regard to fiscal year limita-
tions, as provided by section 9104, title 31, United States Code, 
$16,932,000. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
The Overseas Private Investment Corporation is authorized to 
make such expenditures within the limits of funds available to it 
and in accordance with law (including not to exceed $35,000 for 
official reception and representation expenses), and to make such 
contracts and commitments without regard to fiscal year limita-
tions, as provided by section 9104 of title 31, United States Code, as 
may be necessary in carrying out the program set forth in the 
budget for the current fiscal year. 
103 STAT. 1210 
PUBLIC LAW 101-167—NOV. 21, 1989 
Loans. 
Abortion. 
During the fiscal year 1990 and within the resources and author-
ity available, gross obligations for the amount of direct loans shall 
not exceed $20,000,000. 
During the fiscal year 1990, total commitments to guarantee loans 
shall not exceed $215,000,000 of contingent liability for loan prin-
cipal: Provided, That not less than $40,000,000 of such amount shall 
be used for projects for Poland, notwithstanding any other provision 
of law. 
Except as provided in this Act, no provision of any other Act not 
enacted into law by May 19, 1988, shall be construed to require the 
exercise of authority to provide direct loans or to make commit-
ments to guarantee loans contrary to the limitations contained 
under this heading. 
PEACE CORPS 
For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $168,614,000, including the purchase of not 
to exceed five passenger motor vehicles for administrative purposes 
for use outside of the United States: Provided, That none of the 
funds appropriated under this heading shall be used to pay for 
abortions. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL 
For necessary expenses to carry out the provisions of section 481 
of the Foreign Assistance Act of 1961, $115,000,000: Provided, That 
in carrying out the provisions of section 481, increased emphasis 
should be placed on (1) further intensifying United States efforts in 
the eradication and interdiction of illicit narcotics, and (2) seeking 
international cooperation on narcotics enforcement matters such as 
in the areas of extradition treaties, mutual legal assistance to 
combat money laundering, sharing of evidence, and other initiatives 
for cooperative narcotics enforcement efforts: Provided further. That 
of the funds made available under this heading, such funds £is the 
President deems necessary may be made available for the funding of 
United States participation in a multilateral anti-narcotics strike 
force not including any Communist or Warsaw Pact troops: Provided 
further. That funds for such a force may only be provided if the 
Committees on Appropriations of the House of Representatives and 
of the Senate are notified at least 15 days in advance of the 
obligation of funds. 
MIGRATION AND REFUGEE ASSISTANCE 
For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Commit-
tee for Migration and the United Nations High Commissioner for 
Refugees; salaries and expenses of personnel and dependents as 
authorized by the Foreign Service Act of 1980; allowances as au-
thorized by sections 5921 through 5925 of title 5, United States Code; 
hire of passenger motor vehicles; and services as authorized by 
section 3109 of title 5, United States Code; $370,000,000: Provided, 
That not less than $25,000,000 shall be available for Soviet, Eastern 
European and other refugees resettling in Israel: Provided further, 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1211 
That funds appropriated under this heading shall be administered 
in a manner that ensures equity in the treatment of all refugees 
receiving Federal assistance: Provided further. That no funds herein 
appropriated shall be used to assist directly in the migration to any 
; 
nation in the Western Hemisphere of any person not having a 
security clearance based on reasonable standards to ensure against 
Communist infiltration in the Western Hemisphere: Provided fur-
ther. That of the funds appropriated under this heading not less 
than $15,000,000 shall be available for Refugee Entrant Assistance: 
Provided further. That of the funds appropriated under this heading 
not less than $46,000,000 shall be made available for the refugee 
admission program for first asylum refugees from East Asia: Pro-
vided further. That section 584(aX3) of the Foreign Operations, 
Export Financing, and Related Pr<^rams Appropriations Act, 1988 
(as contained in section 101(e) of Public Law 100-202), is amended by 
8 USC llOl note. 
striking "8 months" and inserting "one year": Provided 
further. 
That of the funds appropriated under this heading not less than 
$1,500,000 shall be made available for a Thailgmd-Cambodia border 
refugee protection program: Provided further. That of the funds 
appropriated under this heading not less than $1,500,000 shall be 
made available for the antipiracy program, none of which funds 
shall be used by any government to deny asylum to individuals 
seeking asylum: Provided further. That not less than $10,000,000 
shall be made available to the Republic of Turkey for assistance for 
shelter, food and other basic needs to ethnic Turkish refugees 
fleeing the People's Republic of Bulgaria and resettling on the 
sovereign territory of Turkey: Provided further, 
That section 
584(aXlXB) of the Foreigii Operations, Export Financing, and Re-
lated Programs Appropriations Act, 1988 (as contained in section 
101(e) of Public Law 100-202), is amended by striking "during 
the 2-year period beginning 90 days after the date of the enactment 
of this Act' Eind inserting "during the period beginning on March 
22, 1988, and ending on September 30, 1990": Provided further. That 
the sixth proviso under Migration and Refugee Assistance, Depart-
ment of State, in title II of the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1989 is amended by 
8 USC 1101 note, 
striking "before the end of the 2-year period" and inserting "before 
the end of the period": Provided further. That not more than 
$8,250,000 of the funds appropriated under this heading shall be 
available for the administrative expenses of the Office of Refugee 
Programs of the Department of State: Provided further. That of the 
funds appropriated under this heading, $250,000 shall be made 
available, notwithstanding any other provision of law, for food, 
medicine, medical supplies, medical training, clothing, and other 
humanitarian £issistance for displaced Burmese students at camps 
on the border with Thailand. 
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE 
FUND 
For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $50,000,000, to remain available until expended: Pro-
vided, That the funds made available under this heading are appro-
priated notwithstanding the provisions contained in section 2(c)(2) of 
the Migration and Refugee Assistance Act of 1962 which would limit 
the amount of funds which could be appropriated for this purpose. 
103 STAT. 1212 
PUBLIC LAW 101-167—NOV. 21, 1989 
ANTI-TERRORISM ASSISTANCE 
For necessary expenses to carry out the provisions of chapter 8 of 
part II of the Foreign Assistance Act of 1961, $10,017,000. 
TITLE III—MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL MIUTARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of section 541, 
$47,400,000: Provided, That none of the funds appropriated under 
this heading shall be made available for grant financed military 
education and training for any country whose annual per capita 
GNP exceeds $2,349 unless that country agrees to fund from its own 
resources the transportation cost and living allowances of its 
students. 
FOREIGN MIUTARY FINANCING PROGRAM 
For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,297,404,194: Provided, That of the funds appropriated by this 
paragraph not less than $1,800,000,000 shall be available for grants 
only for Israel, not less than $1,300,000,000 shall be available for 
grants only for Egypt, not less than $230,000,000 shall be available 
for grants only for Pakistan, and not less than $48,000,000 shall be 
available for grants only for Jordan: Provided further, That to the 
extent that the Government of Israel requests that funds be used for 
such purposes, grants made available for Israel by this paragraph 
shall, as agreed by Israel and the United States, be available for 
advanced fighter aircraft programs or for other advanced weapons 
systems, as follows: (1) up to $150,000,000 shall be available for 
research and development in the United States; and (2) not less than 
$400,000,000 shall be available for the procurement in Israel of 
defense articles and defense services, including research and devel-
Grants. 
opment: Provided further. That grants provided with funds made 
available by this paragraph shall be implemented by grant docu-
ments which do not include a requirement to repay the United 
States Government, notwithstanding any requirement in section 23 
of the Arms Export Control Act. 
For expenses necessary for loans to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$406,000,000: Provided, That any funds made available by this para-
graph, except as otherwise specified, may be made available at 
concessional 
rates 
of interest: Provided 
further. 
That 
the 
concessional rate of interest on Foreign Military Financing Program 
loans shall be not less than 5 per centum per year: Provided further. 
That 
all country and 
funding 
level changes 
in 
requested 
concessional financing allocations shall be submitted through the 
regular notification procedures: Provided further, That during fiscal 
year 1990, gross obligations for the principal amount of direct loans 
under this heading, exclusive of loan guarantee defaults, shall not 
exceed $406,000,000. 
Of the funds appropriated under this heading $500,000,000 only 
shall be available for Turkey and $350,000,000 only shall be avail-
able for Greece and, if Turkey receives any funds under this heading 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1213 
on a grant basis then not less than $30,000,000 of the funds provided 
for Greece shall be made available as grants: Provided, That funds 
previously obligated for the Philippines under the heading "Foreign 
Military Credit Sales" but uncommitted on the date of enactment of 
this Act shall be used at any time hereafter only to finance sales 
made under the Arms Export Control Act: Provided further. That of 
the funds appropriated under this heading not more than 
$85,000,000 shall be available for El Salvador: Provided 
further. 
That of the funds appropriated under this heading not more than 
$9,000,000 shall be available for non-lethal assistance for Guate-
mala: Provided further. That of the funds appropriated under this 
heading, except through the regular notification procedures of the 
Committees on Appropriations, not more than $3,000,000 shall be 
available for Zaire: Provided further, That of the funds appropriated 
under this heading $43,000,000 shall be available for Morocco: Pro-
vided further. That of the funds appropriated under this heading 
$30,000,000 shall be available for countries in sub-Saharan Africa: 
Provided further. That none of the funds appropriated under this 
heading snail be available for Sudan or Somalia, except through the 
regular notification procedures of the Committees on Appropria-
tions: Provided further. That not more than $687,404,194 of the 
funds made available under this heading shall be available for use 
in financing the procurement of defense articles, defense services, or 
design and construction services that are not sold by the United 
States Government under the Arms Export Control Act to countries 
other than Israel and Egypt: Provided further, That only those 
countries for which assistance was justified for the "Foreign Mili-
tary Sales Financing Program" in the fiscal year 1989 congressional 
presentation for security assistance programs may utilize funds 
made available under this heading for procurement of defense 
articles, defense services or design and construction services that 
are not sold by the United States Government under the Arms 
Export Control Act: Provided further. That any material assistance 
provided with funds appropriated under this heading for Haiti shall 
be limited to non-lethal items such as transportation and commu-
nications equipment and uniforms: Provided further. That funds 
made available under this heading for Haiti shall be made available 
only through the regular notification procedures of the Committees 
on Appropriations: Provided further. That funds appropriated under 
this heading shall be expended at the minimum rate necessary to 
make timely payment for defense articles and services: Provided 
further. That the Department of Defense shall conduct during the 
current fiscal year nonreimbursable audits of private firms whose 
contracts are made directly with foreign governments and are fi-
nanced with funds made available under this heading (as well as 
subcontractors thereunder) as requested by the Defense Security 
Assistance Agency: Provided further. That any reference in title V 
of this Act to "Foreign Military Credit Sales" shall be deemed to be 
a reference to grants and loans pursuant to the Foreign Military 
Financing Program under this heading: Provided further. That not 
more than $39,000,000 of the funds appropriated under this heading 
may be obligated for necesary expenses, including the purchase of 
passenger motor vehicles for replacement only for use outside of the 
United States, for the general costs of administering military assist-
ance and sales: Provided further. That section 515(d) of the Foreign 
Assistance Act of 1961 is amended by inserting immediately after 
the word "chapter" the phrase "or the Arms Export Control Act", 
Contracts. 
22 use 23211. 
103 STAT. 1214 
PUBLIC LAW 101-167—NOV. 21, 1989 
22 u s e 2396. 
22 u s e 2764 
note. 
22 u s e 2764 
note. 
Securities. 
Public debt. 
and section 636(g) of that Act is amended by inserting immediately 
after the phrase "for the purposes of part 11" the phrase "or the 
Arms Export Control Act". 
FOREIGN 
MIUTARY 
SALES 
DEBT 
REFORM 
Funds made available by the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1988, for obligation 
and expenditure after October 1, 1988, subject to a Presidential 
budget request, under the heading "Foreign Military Sales Debt 
Reform", subsection (b) "Interest Rate Reduction" shall be avail-
able, subject to the same conditions and provisos, only after October 
1, 1990: Provided, That such subsection and subsection (a) under 
such heading are amended by striking "ten" in all places in which 
that word appears and inserting in lieu thereof "eight". 
GUARANTY RESERVE FUND 
If during fiscal year 1990 the funds available in the Guaranty 
Reserve Fund (Fund) are insufficient to enable the Secretary of 
Defense (Secretary) to discharge his responsibilities, as guarantor of 
loans guaranteed pursuant to section 24 of the Arms Export Control 
Act (AECA) or pursuant to the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1988, under the 
heading "Foreign Military Sales Debt Reform", the Secretary shall 
issue to the Secretary of the Treasury notes or other obligations in 
such forms and denominations, bearing such maturities, and subject 
to such terms and conditions, as may be prescribed by the Secretary 
of the Treasury. Such notes or obligations may be redeemed by the 
Secretary from appropriations and other funds available, including 
repayments by the borrowers of amounts paid pursuant to guaran-
tees issued under section 24 of the AECA. Such notes or other 
obligations shall bear interest at a rate determined by the Secretary 
of the Treasury, taking into consideration the average market yield 
on outstanding marketable obligations of the United States of com-
parable maturities during the month preceding the issuance of the 
notes or other obligations. The Secretary of the Treasury shall 
purchase any notes or other obligations issued hereunder and for 
that purpose he is authorized to use as a public debt transaction the 
proceeds from the sale of any securities issued under the Second 
Liberty Bond Act, and the purposes for which securities may be 
issued under the Second Liberty Bond Act are extended to include 
any purchase of such notes or obligations. The Secretary of the 
Treasury may at any time sell any of the notes or other obligations 
acquired by him under this heading. All redemptions, purchases, 
and sales by the Secretary of the Treasury of such notes or other 
obligations shall be treated as public debt transactions of the United 
States. 
SPECIAL DEFENSE ACQUISITION FUND 
(UMITATION ON OBUGATIONS) 
Not to exceed $280,000,000 may be obligated pursuant to section 
51(cX2) of the Arms Export Control Act for the purposes of the 
Special Defense Acquisition Fund during fiscal year 1990, to remain 
available for obligation until September 30, 1992: Provided, That 
section 632(d) of the Foreign Assistance Act of 1961 shall be ap-
plicable to the transfer to countries pursuant to chapter 2 of part II 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1215 
of that Act of defense articles and defense services acquired under 
chapter 5 of the Arms Export Control Act. 
PEACEKEEPING OPERATIONS 
For necessary expenses to carry out the provisions of section 551, 
$33,377,000. 
TITLE IV—EXPORT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
The Export-Import Bank of the United States is authorized to 
Contracts. 
make such expenditures within the limits of funds and borrowing 
authority available to such corporation, and in accordance with law, 
and to make such contracts and commitments without regard to 
fiscal year limitations, as provided by section 104 of the Government 
Corporation Control Act, as may be necessary in carrying out the 
program for the current fiscal year for such corporation: Provided, 
That none of the funds available during the current fiscal year may 
be used to make expenditures, contracts, or commitments for the 
export of nuclear equipment, fuel, or technology to any country 
other than a nuclear-weapon State as defined in article IX of the 
Treaty on the Non-Proliferation of Nuclear Weapons eligible to 
receive economic or military assistance under this Act that has 
detonated a nuclear explosive after the date of enactment of this 
Act. 
LIMITATION ON PROGRAM ACTIVITY 
During the fiscal year 1990 and within the resources and author-
ity available, gross obligations for the principal amount of direct 
loans shall not exceed $615,000,000: Provided, That gross obligations 
for the principal amount of direct loans pursuant to the medium-
term financing program shall not exceed $215,000,000: Provided 
further, That the interest subsidy authority and the tied aid grants 
authority provided under this heading are subject to authorization: 
Provided further. That there are hereby appropriated $110,000,000 
to be made available for tied aid grants in accordance with section 
15 of the Export-Import Bank Act of 1945, as amended, or, at the 
discretion of the Chairman of the Export-Import Bank, in accord-
ance with the Trade and Development Enhancement Act of 1983, as 
amended: Provided further. That there are hereby appropriated 
$20,000,000 to be made available for interest subsidy payments in 
accordance with the Export-Import Bank Act of 1945, as amended: 
Provided further. That none of the funds appropriated under this 
heading for interest subsidy payments may be used in conjunction 
with any loan guaranteed from authority provided under this head-
ing: Provided further. That the funds made available under this 
heading for both grant and subsidy purposes shall be subject to the 
regular notification procedures of the Committees on Appropria-
tions of the House of Representatives and the Senate: Provided 
further. That $110,000,000 of the funds made available for tied aid 
grant purposes and $20,000,000 of the funds made available for 
interest subsidy payments shall be subject to the limitation on the 
gross obligations for the principal amount of direct loans specified 
under this heading: Provided further. That funds made available for 
grants or interest subsidy payments shall be made available only as 
103 STAT. 1216 
PUBLIC LAW 101-167—NOV. 21, 1989 
authorized by law: Provided further. That loan guarantee authority 
available to the Export-Import Bank of the United States may be 
used by the Bank to participate in the financing of commercial sales 
of defense articles and services destined for Greece and Turkey, 
notwithstanding any other provision of law: Provided further. That 
the authority provided by the previous proviso shall not be used for 
the procurement of defense articles or services for use on Cyprus: 
Provided further. That during the fiscal year 1990, total commit-
ments to guarantee loans shall not exceed $10,384,000,000 of contin-
gent liability for loan principal: Provided further. That the direct 
loan, tied aid grant and interest subsidy authority provided under 
this heading shall remain available until September 30,1991. 
UMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $22,000,000 (to be computed on an accrual bgisis) 
shall be available during fiscal year 1990 for administrative ex-
penses, including hire of passenger motor vehicles and services as 
authorized by section 3109 of title 5, United States Code, and not to 
exceed $16,000 for official reception and representation expenses for 
members of the Board of Directors: Provided, That (1) fees or dues to 
international organizations of credit institutions engaged in financ-
ing foreign trade, (2) necessary expenses (including special services 
performed on a contract or a fee basis, but not including other 
personal services) in connection with the acquisition, operation, 
maintenance, improvement, or disposition of any real or personal 
property belonging to the Export-Import Bank or in which it has an 
interest, including expenses of collections of pledged collateral, or 
the investigation or appraisal of any property in respect to which an 
application for a loan has been made, and (3) expenses (other than 
internal expenses of the Export-Import Bank) incurred in connec-
tion with the issuance and servicing of guarantees, insurance, and 
reinsurance, shall be considered as nonadministrative expenses for 
the purposes of this heading. 
, 
FUNDS APPROPRIATED TO THE PRESIDENT 
TRADE 
AND 
DEVELOPMENT PROGRAM 
For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $30,000,000: Provided, That 
except as provided in this or any other Act appropriating funds for 
foreign operations, export financing, and related programs, no provi-
sion of law enacted after May 19, 1988, may transfer funds to, or 
otherwise make available funds for, the Trade and Development 
Program. 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
TRADE CREDIT INSURANCE PROGRAM 
During fiscal year 1990, total commitments to guarantee or insure 
loans for the "Trade Credit Insurance Program" shall not exceed 
$200,000,000 of contingent liability for loan principal for Central 
America and, notwithstanding any other provision of law, not to 
exceed $200,000,000 of contingent liability for loan principal for 
Poland pursuant to the authorities of section 224 of the Foreign 
Assistance Act of 1961: Provided, That section 224(c) of the Foreign 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1217 
Assistance Act of 1961 is amended by striking out "September 30, 22 USC 2184. 
1989" and inserting in lieu thereof "September 30,1990". 
TITLE V—GENERAL PROVISIONS 
CX)ST BENEFIT STUDIES 
SEC. 501. None of the funds appropriated in this Act (other than 
funds appropriated for "International Organizations and Pro-
grams") shall be used to finance the construction of any new flood 
control, reclamation, or other water or related land resource project 
or program which has not met the standards and criteria used in 
determining the feasibility of flood control, reclamation, and other 
water and related land resource programs and projects proposed for 
construction within the United States of America under the prin-
ciples, standards and procedures established pursuant to the Water 
Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory 
or supplementary thereto. 
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY 
SEC. 502. Except for the appropriations entitled "International 
Disaster Assistance", and "United States Emergency Refugee and 
Migration Assistance Fund", not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated 
during the last month of availability. 
PROHIBITION AGAINST PAY TO FOREIGN ARMED SERVICE MEMBER 
SEC. 503, None of the funds appropriated in this Act nor any of the 
counterpart funds generated as a result of assistance hereunder or 
any prior Act shall be used to pay pensions, annuities, retirement 
pay, or adjusted service compensation for any person heretofore or 
hereafter serving in the armed forces of any recipient country. 
TERMINATION FOR CONVENIENCE 
SEC. 504. None of the funds appropriated or made available pursu- Contracts, 
ant to this Act for carrying out the Foreign Assistance Act of 1961, 
may be used for making pa3rments on any contract for procurement 
to which the United States is a party entered into after the date of 
enactment of this Act which does not contain a provision authoriz-
ing the termination of such contract for the convenience of the 
United States. 
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 
SEC. 505. None of the funds appropriated or made available pursu-
ant to this Act for carrying out the Foreign Assistance Act of 1961, 
may be used to pay in whole or in part any assessments, arrearages, 
or dues of any member of the United Nations. 
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL 
INSTITUTIONS 
SEC 506. None of the funds contained in title II of this Act may be 
used to carry out the provisions of section 209(d) of the Foreign 
Assistance Act of 1961. 
103 STAT. 1218 
PUBLIC LAW 101-167—NOV. 21, 1989 
AID RESIDENCE EXPENSES 
SEC. 507. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken 
to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars. 
AID ENTERTAINMENT EXPENSES 
SEC. 508. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $11,500 shall be for entertainment expenses 
of the Agency for International Development during the current 
fiscal year. 
REPRESENTATIONAL ALLOWANCES 
SEC. 509. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $115,000 shall be available for representation 
allowances for the Agency for International Development during 
the current fiscal year: Provided, That appropriate steps shall be 
taken to assure that, to the maximum extent possible. United 
States-owned foreign currencies are utilized in lieu of dollars: Pro-
vided further, That of the funds made available by this Act for 
general costs of administering military assistance and sales under 
the heading "Foreign Military Financing Program", not to exceed 
$2,875 shall be available for entertainment expenses and not to 
exceed $75,000 shall be available for representation allowances: 
Provided further, That of the funds made available by this Act 
under the heading "International Military Education and Train-
ing", not to exceed $125,000 shall be available for entertainment 
allowances: Provided further. That of the funds made available by 
this Act for the Inter-American Foundation, not to exceed $2,875 
shall be available for entertainment and representation allowances: 
Provided further. That of the funds made available by this Act for 
the Peace Corps, not to exceed a total of $4,600 shall be available for 
entertainment expenses: Provided further. That of the funds made 
available by this Act under the heading "Trade and Development 
Program", not to exceed $2,300 shall be available for representation 
and entertainment allowances. 
PROHIBITION ON FINANCING NUCLEAR GOODS 
SEC. 510. None of the funds appropriated or made available (other 
than funds for "International Organizations and Programs") pursu-
ant to this Act, for carrying out the Foreign Assistance Act of 1961, 
may be used to finance the export of nuclear equipment, fuel, or 
technology. 
HUMAN RIGHTS 
SEC. 511. Funds appropriated by this Act may not be obligated or 
expended to provide assistance to any country for the purpose of 
aiding the efforts of the government of such country to repress the 
legitimate rights of the population of such country contrary to the 
Universal Declaration of Human Rights. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1219 
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 
SEC. 512. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Angola, Cambodia, 
Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, 
Iran, or Syria: Provided, That for purposes of this section, the Loans. 
prohibition on obligations or expenditures shall include direct loans, I?^"'!?"'^®' 
credits, insurance and guarantees of the Export-Import Bank or its 
^^ 
agents: Provided further. That such prohibition shall not apply to 
the Export-Import Bank or its agents if in the judgment of the 
President its application is not in the national interest of the United 
States and so reports to Congress. 
MILITARY COUPS 
SEC 513. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to any country whose duly elected 
Head of Government is deposed by military coup or decree: Pro-
vided, That assistance may be resumed to such country if the 
President determines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a democrat-
ically elected government has taken office. 
TRANSFERS B E T W E E N ACCOUNTS 
SEC 514. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, unless the President, prior to the exercise of any 
authority contained in the Foreign Assistance Act of 1961 to trans-
fer funds, consults with and provides a written policy justification to 
the Committees on Appropriations of the House of Representatives 
and the Senate: Provided further. That the exercise of such author-
ity shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
DEOBLIGATION/REOBLIGATION AUTHORITY 
SEC 515, Amounts certified pursuant to section 1311 of the 
Supplemental Appropriations Act, 1955, as having been obligated 
against appropriations heretofore made under the authority of the 
Foreign Assistance Act of 1961 for the same general purpose as any 
of the headings under the "Agency for International Development' 
are, if deobligated, hereby continued available for the same period 
as the respective appropriations under such headings or until 
September 30, 1990, whichever is later, and for the same general 
purpose, and for countries within the same region as originally 
obligated: Provided, That the Appropriations Committees of both 
Houses of the Congress are notified fifteen days in advance of the 
deobligation and reobligation of such funds in accordance with 
regular notification procedures of the Committees on Appropria-
tions. 
PROHIBITION ON PUBUCITY OR PROPAGANDA 
SEC. 516. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United 
103 STAT. 1220 
PUBLIC LAW 101-167—NOV. 21, 1989 
Loans. 
Loans. 
Classified 
information. 
States not authorized before the date of enactment of this Act by the 
Congress. 
AVAILABILITY OF FUNDS 
SEC. 517. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapter 1 of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, as 
amended, shall remain available until expended if such funds are 
initially obligated before the expiration of their respective periods of 
availability contained in this Act: Provided further. That, notwith-
standing any other provision of this Act, any funds made available 
for the purposes of chapter 1 of part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961 which are allocated or obligated for 
cash disbursements in order to address balance of payments or 
economic policy reform objectives, shall remain available until ex-
pended: Provided further, That the report required by section 653(a) 
of the Foreign Assistance Act of 1961 shall designate for each 
country, to the extent known at the time of submission of such 
report, those funds allocated for cash disbursement for balance of 
payment and economic policy reform purposes. 
UMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 
SEC. 518. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default 
during a period in excess of one calendar year in payment to the 
United States of principal or interest on any loan made to such 
country by the United States pursuant to a program for which funds 
are appropriated under this Act: Provided, That this section and 
section 620(q) of the Foreign Assistance Act of 1961 shall not apply 
to funds made available in this Act for any narcotics-related activi-
ties in Colombia, Bolivia, and Peru authorized by the Foreign Assist-
ance Act of 1961, as amended, or the Arms Export Control Act. 
FINANCIAL INSTITUTIONS—NAMES OF BORROWERS 
SEC. 519. None of the funds appropriated or made available pursu-
ant to this Act shall be available to any international financial 
institution whose United States governor or representative cannot 
upon request obtain the amounts and the names of borrowers for all 
loans of the international financial institution, including loans to 
employees of the institution, or the compensation and related bene-
fits of employees of the institutipn. 
FINANCIAL INSTITUTIONS—DOCUMENTATION 
SEC. 520. None of the funds appropriated or made available pursu-
ant to this Act shall be available to any international financial 
institution whose United States governor or representative cannot 
upon request obtain any document developed by or in the possession 
of the management of the international financial institution, unless 
the United States governor or representative of the institution 
certifies to the Committees on Appropriations that the confidential-
ity of the information is essential to the operation of the institution. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1221 
COMMERCE AND TRADE 
SEC. 521. None of the funds appropriated or made available pursu-
ant to this Act for direct assistance and none of the funds otherwise 
made available pursuant to this Act to the Export-Import Bank and 
the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any 
commodity for export by any country other than the United States, 
if the commodity is likely to be in surplus on world markets at the 
time the resulting productive capacity is expected to become opera-
tive and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity: 
Provided, That such prohibition shall not apply to the Export-
Import Bank if in the judgment of its Board of Directors the benefits 
to industry and employment in the United States are likely to 
outweigh the injury to United States producers of the same, similar, 
or competing commodity. 
SURPLUS COMMODITIES 
SEC. 522. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruc-
tion and Development, the International Development Association, 
the International Finance Corporation, the Inter-American Develop-
ment Bank, the International Monetary Fund, the Asian Develop-
ment Bank, the Inter-American Investment Corporation, the Afri-
can Development Bank, and the African Development Fund to use 
the voice and vote of the United States to oppose any assistance by 
these institutions, using funds appropriated or made available 
pursuant to this Act, for the production or extraction of any 
commodity or mineral for export, if it is in surplus on world markets 
and if the assistance will cause substantial injury to United States 
producers of the same, similar, or competing commodity. 
NOTIFICATION REQUIREMENTS 
SEC. 523. For the purposes of providing the Executive Branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for "Agriculture, rural development, and 
nutrition. Development Assistance", "Population, Development 
Assistance", "Child Survival Fund", "Health, Development Assist-
ance", "International AIDS Prevention and Control Program", 
"Education and humsui resources development. Development Assist-
ance", "Private Sector, environment, and energy. Development 
Assistance", "Science and technology, Development Assistance", 
"Sub-Saharan Africa, Development Assistance", "International 
organizations and programs", "American schools and hospitals 
abroad", "Trade and development program", "International narcot-
ics control", "EJconomic support fund , "Peacekeeping operations", 
"Operating expenses of the Agency for International Development", 
"Operating expenses of the Agency for International Development 
Office of Inspector General", "Anti-terrorism assistance", "Foreign 
Military Financing Program", "International military education 
and training", "Inter-American Foundation", "African Develop-
ment Foundation", "Peace Corps", or "Migration and refugee assist-
ance", shall be available for obligation for activities, programs, 
projects, type of materiel assistance, countries, or other operation 
Loans. 
Minerals and 
mining. 
Exports. 
22 u s e 262h. 
103 STAT. 1222 
PUBLIC LAW 101-167—NOV. 21, 1989 
not justified or in excess of the amount justified to the Appropria-
tions Committees for obligation under any of these specific headings 
for the current fiscal year unless the Appropriations Committees of 
both Houses of Congress are previously notified fifteen days in 
advance: Provided, That the President shall not enter into any 
commitment of funds appropriated for the purposes of chapter 2 of 
part II of the Foreign Assistance Act of 1961 or of funds appro-
priated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to 
be aircraft, ships, missiles, or combat vehicles, not previously justi-
fied to Congress or 20 per centum in excess of the quantities justified 
to Congress unless the Committees on Appropriations are notified 
fifteen days in advance of such commitment: Provided further, That 
this section shall not apply to any reprogramming for an activity, 
program, or project under chapter 1 of part I of the Foreign Assist-
ance Act of 1961 of less than 20 per centum of the amount pre-
viously justified to the Congress for obligation for such activity, 
program, or project for the current fiscal year. 
CONSULTING SERVICES 
Contracts. 
SEC. 524. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order pursuant to 
existing law. 
PROHIBITION ON ABORTION LOBBYING 
SEC, 525. None of the funds appropriated under this Act may be 
used to lobby for abortion. 
LIMITATION ON AVAILABIUTY OF FUNDS FOR INTERNATIONAL 
ORGANIZATIONS AND PROGRAMS 
SEC. 526. (a) Notwithstanding any other provision of law or of this 
Act, none of the funds provided for "International Organizations 
and Programs" shall be available for the United States propor-
tionate share for any programs for the Palestine Liberation 
Organization (or for projects whose purpose is to provide benefits to 
the Palestine Liberation Organization or entities associated with it), 
the Southwest Africa People's Organization, Libya, Iran, or, at the 
discretion of the President, Communist countries listed in section 
620(f) of the Foreign Assistance Act of 1961, as amended: Provided, 
That, subject to the regular notification procedures of the Commit-
tees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign oper-
ations, export financing, and related programs, which are returned 
or not made available for organizations and programs because of the 
implementation of this section or any similar provision of law, shall 
remain available for obligation through September 30,1991. 
(b) The United States shall not make any voluntary or assessed 
contribution— 
(1) to any affiliated organization of the United Nations which 
grants full membership as a state to any organization or group 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1223 
that does not have the internationally recognized attributes of 
statehood, or 
(2) to the United Nations, if the United Nations grants full 
membership as a state in the United Nations to any organiza-
tion or group that does not have the internationally recognized 
attributes of statehood, 
during any period in which such membership is effective. 
UNITED NATIONS VOTING RECORD 
SEC. 527. (a) IN GENERAL.—Not later than March 31 of each year. 
Reports. 
the Secretary of State shall transmit to the Speaker of the House of 
22 USC 2414a. 
Representatives and the President of the Senate a full and complete 
annual report which assesses for the prior calendar year, with 
respect to each foreign country member of the United Nations, the 
voting practices of the governments of such countries at the United 
Nations, and evaluates General Assembly and Security Council 
actions and the responsiveness of those governments to United 
States policy on issues of special importance to the United States. 
Qa) INFORMATION ON VOTING PRACTICES IN THE UNITED NATIONS.— 
Such report shall include, with respect to voting practices and 
plenary actions in the United Nations during the preceding year, 
information to be compiled and supplied by the Permanent Rep-
resentative of the United States to the United Nations, consisting 
of-
(1) an analysis and discussion, prepared in consultation with 
the Secretary of State, of the extent to which member countries 
supported United States policy objectives at the United Nations; 
(2) an analysis and discussion, prepared in consultation with 
the Secretary of State, of actions taken by the United Nations 
by consensus; 
(3) with respect to plenary votes of the United Nations Gen-
r eral Assembly— 
(A) a listing of all such votes on issues which directly 
affected important United States interests and on which 
the United States lobbied extensively and a brief descrip-
tion of the issues involved in each such vote; 
(B) a listing of the votes described in subparagraph (A) 
which provides a comparison of the vote cast by each 
member country with the vote cast by the United States; 
(C) a country-by-country listing of votes described in 
subparagraph (A); and 
(D) a listing of votes described in subparagraph (A) dis-
played in terms of United Nations regional caucus groups; 
(4) a listing of all plenary votes cast by member countries of 
the United Nations in the General Assembly which provides a 
comparison of the vote cast by each member country with the 
vote cast by the United States; 
(5) an analysis and discussion, prepared in consultation with 
the Secretary of State, of the extent to which other members 
supported United States policy objectives in the Security Coun-
cil and a separate listing of all Security Council votes of each 
. 
member country in comparison with the United States; and 
(6) a side-by-side comparison of agreement on important and 
overall votes for each member country and the United States. 
(c) FORMAT.—Information required pursuant to subsection (bX3) 
shall also be submitted, together with an explanation of the statis-
103 STAT. 1224 
PUBLIC LAW 101-167—NOV. 21, 1989 
22 u s e 2414a. 
22 u s e 2414a. 
22 u s e 2414a. 
22 u s e 2414a. 
22 u s e 2414a. 
22 u s e 2414a. 
tical methodology, in a format identical to that contained in chapter 
II of the March 14, 1988, Report to Congress on Voting Practices in 
the United Nations. 
(d) STATEMENT BY THE SECRETARY OF STATE.—Each report under 
subsection (a) shall contain a statement by the Secretary of State 
discussing the measures which have been taken to inform United 
States diplomatic missions of United Nations General Assembly and 
Security Council activities. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.—The following 
provisions of law are repealed: 
(1) The second undesignated paragraph of section 101(b)(1) of 
the Foreign Assistance and Related Programs Appropriations 
Act, 1984 (Public Law 98-151; 97 Stat. 964). 
(2) Section 530 of the Foreign Assistance and Related Pro-
grams Appropriations Act, 1985 (Public Law 98-473, 98 Stat. 
1837). 
(3) Section 529 of the Foreign Assistance and Related Pro-
grams Appropriations Act, 1986, as enacted by Public Law 
99-190 (99 Stat. 1185). 
(4) Section 528 of the Foreign Assistance and Related Pro-
grams Appropriations Act, 1987, as enacted by Public Law 
99-500 (100 Stat. 1783) and Public Law 99-591 (100 Stat. 3341). 
(5) Section 528 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1988, as enacted by 
Public Law 100-202 (101 Stat. 1329). 
(6) Section 527 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1989, as enacted by 
Public Law 100-461 (101 Stat. 2268). 
LOANS TO ISRAEL UNDER ARMS EXPORT CONTROL ACT 
SEC. 528. Notwithstanding any other provision of law, Israel may 
utilize any loan which is or was made available under the Arms 
Export Control Act and for which repayment is or was forgiven 
before utilizing any other loan made available under the Arms 
Export Control Act. 
PROHIBITION AGAINST UNITED STATES EMPLOYEES RECOGNIZING OR 
NEGOTIATING WITH PLO 
SEC. 529. In reaffirmation of the 1975 memorandum of agreement 
between the United States and Israel, and in accordance with 
section 1302 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83), no employee of or 
individual acting on behalf of the United States Government shall 
recognize or negotiate with the Palestine Liberation Organization or 
representatives thereof, so long as the Palestine 
Liberation 
Organization does not recognize Israel's right to exist, does not 
accept Security Council Resolutions 242 and 338, and does not 
renounce the use of terrorism. 
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL 
SEC. 530. The Congress finds that progress on the peace process in 
the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling its 
obligations under the Treaty of Peace Between the Arab Republic of 
Egypt and the State of Israel, done at Washington on March 26, 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1225 
1979, Israel incurred severe economic burdens. Furthermore, the 
Congress reo^piizes that an economically and militarily secure 
Israel serves the security interests of the United States, for a secure 
Israel is an Israel which has the incentive and confidence to con-
tinue pursuing the peace process. Therefore, the Congress declares 
that it is the policy and the intention of the United States that the 
funds provided in annual appropriations for the Economic Support 
Fund which are allocated to Israel shall not be less than the annual 
debt repayment (interest and principal) from Israel to the United 
States Government in recognition that such a principle serves 
United States interests in the region. 
CEILINGS AND EARMARKS 
SEC. 531. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so 
directs. 
NOTIFICATION CONCERNING AIRCRAFT IN CENTRAL AMERICA 
SEC. 532. (a) During the current fiscal year, the authorities of part 
II of the Foreign Assistance Act of 1961 and the Arms Export 
Control Act may not be used to make available any helicopters or 
other aircraft for military use, and licenses may not be issued under 
section 38 of the Arms Export Control Act for the export of any such 
aircraft, to any country in Central America unless the Committees 
on Appropriations, the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations of the 
Senate are notified in writing at least fifteen days in advance. 
(b) During the current fiscal year, the Secretary of State shall 
promptly notify the committees designated in subsection (a) when-
ever any helicopters or other aircraft for military use are provided 
to any country in Central America by any foreign country. 
ENVIRONMENTAL CONCERNS 
SEC. 533. (a) It is the policy of the United States that sustainable 
Conservation. 
economic growth must be predicated on the sustainable manage- ^^r^M^^nr,, 
ment of natural resources. The Secretary of the Treasury shall 
22 use 262/. 
instruct the United States Executive Directors of each multilateral 
development bank (MDB) to promote vigorously within each MDB 
the expansion of programs in areas which address the problems of 
global climate change through requirements to— 
(1) augment and expand the professional staff of each MDB 
with expertise in end-use energy efficiency and conservation 
and renewable energy; 
(2) develop methodologies which allow borrowing countries to 
include investments in end-use energy efficiency and renewable 
energy as explicit alternatives in the "least cost" energy sector 
investments plans they prepare with MDB assistance. Such 
plans shall give priority to projects and programs which support 
energy conservation, end-use efficiency and renewable energy 
sources in major economic sectors, and shall compare the eco-
;
^ 
nomic and environmental costs of those actions with the eco-
nomic and environmental costs of investments in conventional 
energy supplies; 
103 STAT. 1226 
PUBLIC LAW 101-167—NOV. 21, 1989 
(3) provide analysis for each proposed loan to support addi-
tional power generating capacity, comparing the economic and 
environmental costs of investments in demand reduction, 
including energy conservation and end-use energy efficiency, 
with the economic and environmental costs of the proposal; 
(4) assure that systematic, detailed environmental impact 
assessments (EIA) of proposed energy projects, or projects with 
potential significant environmental impacts, are conducted 
early in the project cycle. Assessments should include but not be 
limited to— 
(A) consideration of a wide range of alternatives to the 
proposed project including, where feasible, alternative 
investments in end-use energy efficiency and non-conven-
, 
tional renewable energy; and 
(B) encouragement and adoption of policies which allow 
for public participation in the EIA process; 
(5) include environmental costs in the economic assessment of 
the proposed projects with significant potential environmental 
impacts, or power projects, and if possible for all projects which 
involve expansion of generating capacity of more than 10 MW, 
develop a standard increase in project cost as a surrogate for the 
environmental costs; 
(6) encourage and promote end-use energy efficiency and 
renewable energy in negotiations of policy-based energy sector 
lending, and MDBs should consider not proceeding with policy-
based sector loans which do not contain commitments from the 
borrowing country to devote a significant portion of its sector 
investments toward energy efficiency and renewable energy; 
(7) provide technical assistance as a component of all energy 
sector lending to help borrowing countries identify and pursue 
end-use energy efficiency investments. This technical assistance 
shall include support for detailed audits of energy use and the 
development of institutional capacity to promote end-use energy 
efficiency and conservation; 
(8) work with borrowing countries, with input from the public 
in both borrowing and donor countries, to develop loans for end-
use energv efficiency and renewable energy, where possible 
"bundling' small projects into larger, more easily financed 
projects; and 
(9) seek the convening of a special seminar for board members 
and senior staff of each MDB concerning alternate energy 
investment opportunities and end-use energy efficiency and 
conservation. 
(b) The Secretary of the Treasury as a part of the annual report to 
the Congress shall describe in detail, progress made by each of the 
MDBs in adopting and implementing programs meeting the stand-
ards set out in subsection (a), including in particular— 
(1) efforts by the Department of Treasury to assure im-
plementation by each of the MDBs of programs substantially 
equivalent to those set out in this section, and results of such 
efforts; 
(2) progress made by each MDB in drafting and implementing 
least cost energy plans for each recipient country which meets 
'I 
requirements outlined in subsection (aX2); 
.
* 
(3) the absolute dollar amounts, and proportion of total lend-
ing in the energy sector, of loans and portions of loans, approved 
by each MDB in the previous year for projects or programs of 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1227 
end-use energy efficiency and conservation and renewable 
energy. 
(c) Not later than April 1, 1990, the Secretary of the Treasury 
shall request each MDB to prepare an analysis of the impact its 
current forestry sector loans will have on borrowing country emis-
sions of CO2 and the status of proposals for specific forestry sector 
activities to reduce CJOz emissions. 
(dXD The Administrator of the Agency for International Develop-
ment shall issue guidance to all Agency missions and bureaus 
detailing the elements of a "Global Warming Initiative" which will 
emphasize the need to reduce emissions of greenhouse gases, espe-
cially CO2, through strategies consistent with their continued eco-
nomic development. This initiative shall emphasize the need to 
accelerate sustainable development strategies in areas such as re-
forestation, biodiversity, end-use energy efficiency, least-cost energy 
planning, and renewable energy, and shall encourage mission direc-
tors to incorporate the elements of this initiative in developing their 
country programs. 
(2) The Agency for International Development shall— 
(A) increase the number and expertise of personnel devoted to 
end-use energy efficiency, renewable energy, and environmental 
activities in all bureaus and missions; 
(B) devote increased resources to technical training of mission 
directors, in energy planning, energy conservation, end-use 
energy 
efficiency, 
renewable 
energy, 
reforestation, 
and 
biodiversity; 
(C) accelerate the activities of the Multi-Agency Working 
Group on Power Sector Innovation to enable completion of case 
studies of at leeist ten countries in fiscal year 1990; and 
(D) devote at least 10 percent of the resources allocated for 
forestry activities to the preservation and restoration (as op-
posed to management for extraction) of natural forests. 
(3) Funds appropriated by this Act to carry out the provisions of 
sections 103 to 106 of the Foreign Assistance Act of 1961 may be 
used to reimburse the full cost of technicsd personnel detailed or 
assigned to, or contracted by, the Agency for International Develop-
ment to provide expertise in the environmental sector. 
(4XA) Section 119(b) of the Foreign Assistance Act of 1961 is 22 USC 2i5lg. 
amended by inserting ", notwithstanding section 660," after "this 
part". 
(B) Not less than $10,000,000 of the funds appropriated to carry 
out the provisions of sections 103 through 106 of such Act (including 
funds for sub-Saharan Africa) shall be made available for biological 
diversity activities, of which $2,000,000 shall be made available for 
the Parks in Peril project, pursuant to the authority of section 119(b) 
and $1,000,000 shall be available for the National Science Founda-
tion's international biological diversity program. 
(C) Funds obligated in prior fiscal years pursuant to the authority 
of section 119(b) may be expended in fiscal year 1990 pursu.ant to the 
authority of such section as amended by subparagraph (A). 
(e) The Secretary of the Treasury shall— 
(1) instruct the United States Executive Directors to the 
International Bank for Reconstruction and Development, the 
International Development Association, the Inter-American 
Development Bank, the African Development Bank, the Asian 
Development Bank, and the International Monetary Fund, to 
actively support lending portfolios which allow debtor develop-
103 STAT. 1228 
PUBLIC LAW 101-167—NOV. 21, 1989 
Reports. 
Reports. 
Reports. 
Reports. 
ing countries to reduce or restructure debt in concert with the 
sustainable use of their natural resources. As a part of any such 
debt restructuring program, the United States Executive Direc-
tor should require a thorough review of opportunities this initia-
tive may offer for providing additional financial resources for 
the management of natural resources. The Secretary shall 
submit a report to the Committees on Appropriations on the 
progress of this program by April 30,1990; 
(2) instruct the United States Executive Directors to the 
international financial institutions to seek the support of other 
donor countries in the implementation of this policy; and 
(3) instruct the United States Executive Director to the Inter-
national Bank for Reconstruction and Development to actively 
seek 
the 
implementation 
by the 
World 
Bank 
of 
the 
recommendations set forth in its April 1, 1988, report on "Debt-
for-Nature swaps", including the setting up of a pilot debt-for-
nature swap program in one or more interested countries. The 
Secretary shall submit a progress report on the implementation 
of this program to the Committees on Appropriations by April 1, 
1990. 
(f) The Secretary of the Treasury shall seek to incorporate natural 
resource management initiatives throughout the implementation of 
the Brady Plan. The Secretary shall submit to the Committees on 
Appropriations a report by April 15, 1990, describing how such 
initiatives have been incorporated into the Brady Plan and identify-
ing any such initiatives undertaken to date. 
(g) The Secretary of the Treasury shall instruct the United States 
Executive Director to the Inter-American Development Bank to— 
(1) seek implementation of the environmental reform meas-
ures agreed to as part of the Bank's 7th Replenishment; 
(2) seek adoption of Bank policies regarding indigenous 
people, relations with nongovernmental organizations, and the 
protection of wildlife and unique natural and cultural features: 
(3) require the Bank to demonstrate how it has improved, and 
will improve, the monitoring of environmental and social 
components of loans; and 
(4) within four months after the date of enactment of this Act 
report to the Committees on Appropriations on the progress the 
Bank has made in implementing each of these reforms. 
GLOBAL WARMING INITIATIVE 
Developing 
SEC. 534. (a) TROPICAL FORESTRY ASSISTANCE.—(1) In Order to 
countries. 
achieve the maximum impact from activities relating to tropical 
forestry, the Agency for International Development shall focus 
tropical forestry assistance programs on the key middle- and low-
income developing countries (hereinafter "key countries") which are 
projected to contribute large amounts of greenhouse gases related to 
global warming as a result of industrialization and the burning of 
fossil fuels, and destruction of tropical forests. 
(2) Funds appropriated to carry out the provisions of sections 103 
and 106 of the Foreign Assistance Act of 1961, as amended, may be 
used by the Agency for International Development, notwithstanding 
any other provision of law, for the purpose of supporting tropical 
forestry programs aimed at reducing emissions of greenhouse gases 
with regard to the key countries in which deforestation makes a 
significant contribution to global warming, except that such assist-
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1229 
ance shall be subject to sections 116, 602B, and 620A of the Foreign 
Assistance Act of 1961. 
(3) In providing assistance relating to tropical forests, the 
Administrator of that Agency shall, to the extent feasible and 
appropriate, assist countries in developing a systematic analysis of 
the appropriate use of their total tropical forest resources, with the 
goal of developing a national program for sustainable forestry. 
(b) ENERGY ASSISTANCE.—(1) In order to achieve the maximum 
impact from activities relating to energy, the Agency for Inter-
national Development shall focus energy assistance activities on the 
key countries, where assistance would have the greatest impact on 
reducing emissions from greenhouse gases. Such assistance shall be 
focused on improved energy efficiency, increased use of renewable 
energy resources and national energy plans (such as least-cost 
energy plans) which include investment in end-use efficiency and 
renewable energy resources. 
(2) Funds appropriated to carry out the provisions of sections 103 
and 106 of the Foreign Assistance Act of 1961, as amended, may be 
used by the Agency for International Development, notwithstanding 
any other provision of law, for the purpose of supporting energy 
programs aimed at reducing emissions of greenhouse gases related 
to global warming with regard to the key countries, except that such 
assistance shall be subject to sections 116, 502B, and 620A of the 
Foreign Assistance Act of 1961. 
(3) It is the sense of the Congress that the Agency for Inter-
national Development should increase its efforts in the fields of 
energy efficiency, renewable energy, and energy planning. Such 
increase should take place with respect to key countries and coun-
tries with large Economic Support Fund project assistance. Such 
efforts should include— 
(A) an increase in the number of Agency for International 
Development staff with energy expertise, including staff with 
expertise in renewable energy technologies and 
end-use 
efficiency; 
(B) assistance to develop analyses of energy-sector actions 
that could minimize emissions of greenhouse gases at least cost, 
while at the same time meeting basic economic and social 
development needs. Such assistance should include country-
specific Einalyses which compare the economic and environ-
mental costs of actions to promote energy efficiency and 
nonconventional renewable energy with the economic and 
environmental costs of investments to provide additional 
conventional energy supplies; 
; 
(C) assistance to develop energy-sector plans that employ end-
^ 
use analysis and other techniques to identify the most cost-
effective actions to minimize increased reliance on fossil fuels, 
^ 
ensuring to the maximum extent feasible that nongovernmental 
organizations and academic institutions are involved in this 
planning; 
(D) insuring that AID energy assistance—including support 
for private-sector initiatives—is consistent with the analyses 
and plans described in subparagraphs (B) and (C) above, and 
^ 
that environmental impacts (including that on global warming) 
f 
and alternatives have been fully analyzed; 
(E) assistance to im'prove efficiency in the production, trans-
^ 
mission, distribution, and use of energy. Such assistance should 
focus on the development of institutions to (i) promote energy 
103 STAT. 1230 
PUBLIC LAW 101-167—NOV. 21, 1989 
efficiency in all sectors of energy production and use, (ii) provide 
training and technical assistance to help energy producers and 
users identify cost-effective actions to improve energy efficiency, 
(iii) finance specific investments in energy efficiency in sill 
sectors of energy production and use, and (iv) improve local 
capabilities in the research, development, and sale of energy 
efficient technologies; 
(F) assistance in exploiting nonconventional 
renewable 
energy resources, including wind, solar, small-hydro, geo-
thermal, and advanced biomass systems. This assistance should 
also promote efficient use of traditional biomass fuels through 
improved fuelwood management and improved methods of char-
A
? coal production; 
(G) expanding efforts to meet the energy needs of the rural 
poor through the methods described in subparagraphs (E) and 
(F). Specifically these efforts should promote improved effi-
ciency in the use of biomass fuels for household energy, im-
proved systems of fuelwood management, and the development 
of the nonconventional renewable energy systems described in 
subparagraph (F); 
(H) encouraging host countries to sponsor meetings with offi-
cials from the United States utility sector who are leaders in 
energy efficiency and other United States experts to discuss the 
application of least-cost planning techniques; 
(I) developing a cadre of United States experts from industry, 
academia, nonprofit organizations, and government agencies 
capable of providing technical assistance to developing coun-
tries concerning energy policy and planning, energy efficiency 
and renewable energy resources; 
(J) in cooperation with the Department of Energy, the 
Environmental Protection Agency, the World Bank, and the 
Development Assistance Committee of the OECD, supporting 
research concerning the ways developing nations can meet their 
energy needs while minimizing global warming emd how to 
meet those needs; and 
(K) strengthening the Agency for International Develop-
ment's partnership with the Department of Energy in order to 
ensure that the Agency's energy efforts take full advantage of 
United States expertise and technology. 
(c) REPORTS AND AUTHORITIES.—(1) The Agency for International 
Development, in consultation with the Environmental Protection 
Agency (EPA), the Department of State, and other appropriate 
agencies, shall submit to Congress no later than April 15, 1990, a 
report which (1) examines the potential contributions of developing 
countries to future global emissions of greenhouse gases under 
different economic growth scenarios, (2) estimates the relative con-
tributions of those countries to global greenhouse gas emissions, and 
(3) identifies specific key countries which stand to contribute signifi-
cantly to global greenhouse gas emissions, and in which actions to 
promote energy efficiency, reliance on renewable energy resources, 
and conservation of forest resources could significantly reduce emis-
sions of greenhouse gases. This report should utilize existing data, 
including the models and methodologies already developed by the 
EPA for their report to Congress on policy options for stabilizing 
global climate. 
(2) Of the funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1231 
amended, the Agency for International Development may use such 
amounts as may be necessary to reimburse United States Govern-
ment agencies, agencies of State governments, and institutions of 
higher learning for the full costs of employees detailed or assigned 
to the Agency for International Development for the purpose of 
carrying out activities relating to forestry and energy programs 
aimed at reducing emissions of greenhouse gases related to global 
warming. Personnel who are detailed or assigned for the purposes of 
this section shall not be included within any personnel ceiling 
applicable to any United States Government agency during the 
period of detail or assignment. 
(d) EXPORT-IMPORT BANK.—(1) Of the financing provided by the 
Export-Import Bank that is utilized for the support of exports for 
the energy sector, the Bank shall seek to provide not less than 5 per 
centum of such financing for renewable energy projects. 
(2) The Export-Import Bank shall take all appropriate steps to 
finance information exchanges and training whose purpose it is to 
help link United States producers in the renewable energy sector 
with assistance programs and potential foreign customers. 
(3) Beginning on April 15, 1990, the Chairman of the Export-
Import Bank shall submit an annual report to the Committees on 
Appropriations on the Bank's implementation of this subsection. 
Government 
organization and 
employees. 
Energy. 
12 u s e 635g 
note. 
Reports. 
PROHIBITION CONCERNING ABORTIONS AND INVOLUNTARY 
STERILIZATION 
SEC. 535. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay 
for the performance of abortions as a method of family planning or 
to motivate or coerce any person to practice abortions. None of the 
funds made avsiilable to carry out part I of the Foreign Assistance 
Act of 1961, as amended, may be used to pay for the performance of 
involuntary sterilization as a method of family planning or to coerce 
or provide any financial incentive to any person to undergo steriliza-
tions. None of the funds made available to carry out part I of the 
Foreign Assistance Act of 1961, as amended, may be used to pay for 
any biomedical research which relates in whole or in part, to 
methods of, or the performance of, abortions or involuntary steri-
lization as a means of family planning. None of the funds made 
av£iilable to carry out part I of the Foreign Assistance Act of 1961, as 
amended, may be obligated or expended for any country or organiza-
tion if the President certifies that the use of these funds by any such 
country or organization would violate any of the above provisions 
related to abortions and involuntary sterilizations. The Congress 
reaffirms its commitments to Population, Development Assistance 
and to the need for informed voluntary family pleuining. 
AFGHANISTAN—HUMANITARIAN ASSISTANCE 
SEC. 536. Of the aggregate amount of funds appropriated by this 
Act, to be derived in equal parts from the funds appropriated to 
carry out the provisions of chapter 1 of part I of the Foreign 
Assistance Act of 1961, and chapter 4 of part II of that Act, not less 
than $70,000,000 shall be made available for the provision of food, 
medicine, or other humanitarian assistance to the Afghan people, 
notwithstanding any other provision of law: Provided, That of the 
funds appropriated under the heading "Private Sector, Environ-
103 STAT. 1232 
PUBLIC LAW 101-167—NOV. 21, 1989 
ment, and Energy, Development Assistance", $13,500,000 shall be 
transferred to "International Organizations and Programs" and 
made available only for the United Nations Afghanistan Emergency 
Trust Fund. 
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION 
SEC. 537. None of the funds appropriated or made available pursu-
ant to this Act shall be available to a private voluntary organization 
which fails to provide upon timely request any document, file, or 
record necessary to the auditing requirements of the Agency for 
International Development, nor shall any of the funds appropriated 
by this Act be made available to any private voluntary organization 
which is not registered with the Agency for 
International 
Development. 
President of U.S. 
Reports. 
Michael 
Hammer. 
Mark Pearlman. 
Jose Rodolfo 
Viera. 
EL SALVADOR—INVESTIGATION OF MURDERS 
SEC. 538. Of the amounts made available by this Act for military 
assistance gmd financing for El Salvador under chapters 2 and 5 of 
part II of the Foreign Assistance Act of 1961 and under the Arms 
Exjjort Control Act, $5,000,000 may not be expended until the 
President reports, following the conclusion of the Appeals process in 
the C£ise of Captain Avila, to the Committees on Appropriations that 
the Government of El Salvador has (1) substantially concluded all 
investigative action with respect to those responsible for the Janu-
ary 1981 deaths of the two United States land reform consultants 
Michael Hammer and Mark Pearlman and the Salvadoran Land 
Reform Institute Director Jose Rodolfo Viera, (2) pursued all legal 
avenues to bring to trial and obtain a verdict of those who ordered 
and carried out the January 1981 murders, and (3) pursued all legal 
avenues to bring to trial those who ordered and carried out the 
September 1988 massacre of ten peassmts near the town of San 
Francisco, El Salvador, and to obtain a verdict. 
; 
REFUGEE RESETTLEMENT 
SEC. 539. It is the sense of the Congress that all countries receiving 
United States foreign assistance under the "Economic Support 
Fund", "Foreign Military Financing Program", "International Mili-
tary Education and Training", the Agricultural Trade Development 
and Assistance Act of 1954 (Public Law 480), development assistance 
programs, or trade promotion programs should fully cooperate with 
the international refugee assistance organizations, the United 
States, and other governments in facilitating lasting solutions to 
refugee situations. Further, where resettlement to other countries is 
the appropriate solution, such resettlement should be expedited in 
cooperation with the country of asylum without respect to race, sex, 
religion, or national origin. 
IMMUNIZATIONS FOR CHILDREN 
SEC. 540. The Congress calls upon the President to direct the 
Agency for International Development, working through the Cen-
ters for Disease Control and other appropriate Federal agencies, to 
work in a global effort to provide enhanced support toward achiev-
ing the goal of universal access to childhood immunization by 1990. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1233 
ETHIOPIA—FORCED RESETTLEMENT, VILLAGIZATION 
SEC. 541, None of the funds appropriated in this Act shall be made 
available for any costs associated with the Government of Ethiopia's 
forced resettlement or villagization programs. 
SUDAN, SOMAUA, LEBANON, LIBERIA, AND ZAIRE NOTIFICATION 
REQUIREMENTS 
SEC. 542. None of the funds appropriated in this Act shall be 
obligated or expended for Sudan, Uganda, Liberia, Lebanon, Zaire, 
or Somalia except as provided through the regular notification 
procedures of the Committees on Appropriations. 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 543. For the purpose of this Act, "program, project, and 
activity" shall be defined at the Appropriations Act account level 
and shall include all Appropriations and Authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the 
following accounts: Economic Support Fund and Foreign Military 
Financing Program, "program, project, and activity" shall also be 
considered to include country, regional, and central program level 
funding within each such account; for the development assistance 
accounts of the Agency for International Development "program, 
project, and activity" shall also be considered to include central 
program level funding, either as (1) justified t-o the Congress, or (2) 
allocated by the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within thirty days of 
enactment of this Act, as required by section 653(a) of the Foreign 
Assistance Act of 1961, as amended. 
CHILD SURVIVAL AND AIDS ACTIVITIES 
SEC. 544. Of the funds made available by this Act for assistance for 
health, child survival, and AIDS, up to $6,000,000 may be used to 
reimburse United States Government agencies, agencies of State 
T: 
governments, and institutions of higher learning for the full cost of 
" 
' 
employees detailed or assigned, as the case may be, to the Agency 
for International Development for the purpose of carrying out child 
survival activities and activities relating to research on, and the 
treatment and control of, acquired immune deficiency s5nidrome in 
developing countries: Provided, That personnel who are detailed or 
Government 
assigned for the purposes of thil section shall not be included within 
organization and 
any personnel ceiling applicable to any United States Government 
employees. 
agency during the period of detail or assignment. 
CHILE—LOANS FROM MULTILATERAL DEVELOPMENT INSTITUTIONS 
SEC. 545. (a) It is the sense of Congress that pursuant to section 
701 of the International Financial Institutions Act of 1977, the 
United States Government should oppose all loans to Chile from 
international financial institutions, except for those for basic human 
,,, 
needs, until— 
* 
-
^ 
(1) the Government of Chile has ended its practice and pat-
tern of gross abuse of internationally recognized human rights; 
(2) significant steps have been taken by the Government of 
Chile to restore democracy, including— 
103 STAT. 1234 
PUBLIC LAW 101-167—NOV. 21, 1989 
Orlando 
Letelier. 
Ronni Moffitt. 
(A) the implementation of political reforms which are 
essential to the development of democracy, such as the 
legalization of political parties, the enactment of election 
laws, the establishment of freedom of speech and the press, 
and the fair and prompt administration of justice; and 
(B) a precise and reasonable timetable has been estab-
lished for the transition to democracy. 
OJ) Except for programs under section 534(b) (4) or (6) of the 
Foreign Assistance Act of 1961 to support the efforts of private 
groups and individuals seeking to develop a national consensus on 
the importance of an independent judiciary and the administration 
of justice generally in a democratic society, assistance for which 
programs may be made available notwithstanding section 726 of the 
International Security and Development Cooperation Act of 1981, 
and assistance under subsection (c) of this section, none of the funds 
made available by this Act for "Economic Support Fund" or for title 
III shall be obligated or expended for Chile. 
(c)(1) The Congress supports the democratic transition underway 
in Chile, and intends to assist the new democratically elected 
government, following its inauguration in March of 1990, with 
assistance to— 
(A) strengthen democratic institutions; and 
(B) establish a new relationship with the Chilean armed 
forces appropriate to a democratic system of government. 
(2) Of the funds appropriated by this Act under the heading 
"International Military Education and Training", up to $50,000 may 
be made available for Chile for fiscal year 1990, subject to the 
following conditions— 
(A) a civilian, democratically elected President is in power in 
Chile and has requested such funds; 
(B) internationally recognized human rights are being re-
spected and the civilian government is exercising independent 
and effective authority; and 
(C) the Government of Chile is making good-faith efforts in 
attempting to resolve the murders of Orlando Letelier and 
Ronni Moffitt. 
(3) Assistance may be provided under paragraph (2) without 
regard to the requirements of section 726(b) of the International 
Security and Development Cooperation Act of 1981. 
Agriculture and 
agricultural 
commodities. 
Exports. 
Developing 
countries. 
Research and 
development. 
COMMODITY COMPETITION 
SEC. 546. None of the funds appropriated by this or any other Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, con-
ference, or training in connection with the growth or production in a 
foreign country of an agricultural commodity for export which 
would compete with a similar commodity grown or produced in the 
United States: Provided, That this section shall not prohibit: 
(1) activities designed to increase food security in developing 
countries where such activities will not have a significant 
impact in the export of agricultural commodities of the United 
States; or 
(2) research activities intended primarily to benefit American 
producers. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1235 
PROHIBITION OF FUNDING RELATED TO COMPETITION WITH UNITED 
STATES EXPORTS 
SEC. 547. None of the funds provided in this Act to the Agency for 
International Development, other than funds made available to 
carry out Caribbean Basin Initiative programs under the Tariff 
Schedules of the United States, section 1202 of title 19, United 
States Code, schedule 8, part I, subpart B, item 807.00, shall be 
obligated or expended— 
(1) to procure directly feasibility studies or prefeasibility 
studies for, or project profiles of potential investment in, the 
manufacture, for export to the United States or to third country 
markets in direct competition with United States exports, of 
import-sensitive articles as defined by section 503(cXl) (A) and 
(E) of the Tariff Act of 1930 (19 U.S.C. 2463(cXl) (A) and (E)); or 
(2) to assist directly in the establishment of facilities specifi-
cally designed for the manufacture, for export to the United 
States or to third country markets in direct competition with 
United States exports, of import-sensitive articles as defined in 
section 503(cXl) (A) and (E) of the Tariff Act of 1930 (19 U.S.C. 
2463(cXl)(A)and(E)). 
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES 
SEC. 548. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance in-
directly any assistance or reparations to Angola, Cambodia, Cuba, 
Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, Iran, 
or Syria unless the President of the United States certifies that the 
withholding of these funds is contrary to the national interest of the 
United States, 
ASSISTANCE FOR LIBERIA 
SEC. 549. (a) During fiscal year 1990, in determining whether to President of U.S. 
furnish economic support fund assistance and foreign military 
financing under the Foreign Assistance Act of 1961 to Liberia, the 
President shall take into account whether the Government of 
Liberia— 
(1) has demonstrated its commitment to economic reform, 
including taking steps to fundamentally change the current 
financial practice of making extra-budgetary expenditures, 
including steps to channel the revenues from such major 
sources as the Liberia Petroleum Refinery Corporation and the 
Forestry Development Authority through the normal budgetary 
process; and 
(2) has taken significant steps to increase respect for inter-
nationally recognized human rights including— 
(A) the removal of all restrictions on the right of political 
parties to operate freely; 
(B) the lifting of restrictions on freedom of the press; and 
(C) the restoration of an independent judiciary. 
RECIPROCAL LEASING 
SEC. 550. Section 61(a) of the Arms Export Control Act is amended 
22 USC 2796. 
by Striking out "1989" and inserting in lieu thereof "1990". 
103 STAT. 1236 
PUBLIC LAW 101-167—NOV. 21, 1989 
DEFENSE EQUIPMENT DRAWDOWN 
SEC. 551. (a) Defense articles, services £ind training drawn down 
under the authority of section 506(a) of the Foreign Assistance Act 
of 1961, shall not be furnished to a recipient unless such articles are 
delivered to, and such services and training initiated for, the recipi-
ent country or international organization not more than one hun-
dred and twenty days from the date on which Congress received 
notification of the intention to exercise the authority of that section: 
Provided, That if defense articles have not been delivered or services 
and training initiated by the period specified in this section, a new 
notification pursuant to section 5060)) of such Act shall be provided, 
which shall include an explanation for the delay in furnishing such 
articles, services, and training, before such articles, services, or 
training may be furnished. 
22 use 2318. 
(b) Section 506(a) of the Foreign Assistance Act of 1961 is amended 
b y -
(1) inserting "(1)" after "(a)"; 
(2) striking "(1)" and "(2)" and inserting in lieu thereof "(A)" 
and "(B)", respectively; and 
(3) inserting the following new paragraph: 
"(2XA) If the President determines and reports to the Con-
gress in accordance with section 652 of this Act that it is in the 
national interest of the United States to draw down defense 
articles from the stocks of the Department of Defense, defense 
services of the Department of Defense, and military education 
and training, he may direct— 
"(i) the drawdown of such articles, services, and the 
provision of such training for the purposes and under the 
authorities of chapters 8 and 9 of part I, as the case may be; 
and 
"(ii) the drawdown of defense services for the purposes 
and under the authorities of the Migration and Refugee 
Assistance Act of 1962. 
"(B) An aggregate value of not to exceed $75,000,000 in any 
fiscal year of defense articles, defense services, and military 
education and training may be provided pursuant to subpara-
graph (A) of this paragraph.", 
(c) Drawdowns made pursuant to section 506(aX2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations. 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 552. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as 
are other committees pursuant to subsection (c) of that section: 
Provided, That such Committees shall also be informed of the 
original acquisition cost of such defense articles. 
AUTHORIZATION REQUIREMENT 
SEC. 553. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 and 
section 15 of the State Department Basic Authorities Act of 1956: 
Provided, That of the funds appropriated by this Act for the "Eco-
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1237 
nomic Support Fund" and "Foreign Military Financing Program" 
accounts, not more than 33 V
s percent of the amounts made available 
by this Act for each such account excluding amounts made available 
for Israel, Egypt, Poland, and Hungary, may be obligated and 
expended prior to March 1, 1990, unless an Act authorizing appro-
priations for such account has been enacted 
NOTIFICATION CONCERNING EL SALVADOR 
SEC. 554. (a) The Congress expects that— 
(1) the Government of El Salvador and the armed opposition 
forces and their political representatives will be willing to 
pursue a dialog for the purposes of achieving an equitable 
political settlement of the conflict, including free and fair 
elections; 
(2) the elected civilian government will be in control of the 
Salvadoran military and security forces, and those forces will 
comply with applicable rules of international law and with 
Presidential directives pertaining to the protection of civilians 
during combat operations, including Presidential directive 
C-111-03-984 (relating to aerial fire support); 
(3) the Government of El Salvador will make demonstrated 
progress, during the period covered by each report pursuant to 
subsection Ot)), in ending the activities of the death squads; 
(4) the Government of El Salvador will make demonstrated 
progress, during the period covered by each report pursuant to 
subsection 0)), in establishing an effective judicial system; and 
(5) the Government of El Salvador will make demonstrated 
progress, during the period covered by each report pursuant to 
subsection Ok)), in implementing the land reform program. 
O
b
) REPORTS.—On April 1, 1990, and September 30, 1990, the 
President shall report to the Speaker of the House of Representa-
tives, the Committees on Appropriations and the chairman of the 
Committee on Foreign Relations of the Senate on the extent to 
which the objectives described in subsection (a) are being met. With 
respect to the objective described in paragraph (4) of that subsection, 
each report shall specify the status of all cases presented to the 
Salvadoran courts involving human rights violations against ci-
vilians by members of the Salvadoran security forces, including 
military officers and other military personnel and civil patrolmen. 
NOTIFICATION TO CONGRESS ON DEBT REUEF AGREEMENTS 
SEC. 555. The Secretary of State shall transmit to the Appropria-
tions Committees of the Congress and to such other Committees as 
appropriate, a copy of the text of any agreement with any foreign 
government which would result in any debt relief no less than thirty 
days prior to its entry into force, other than one entered into 
pursuant to this Act, together with a detailed justification of the 
interest of the United States in the proposed debt relief: Provided, 
That the term "debt relief shall include any and all debt prepay-
ment, debt rescheduling, and debt restructuring proposals and 
agreements. 
President of U.S. 
22 u s e 2395a 
note. 
MIDDLE EAST REGIONAL COOPERATION AND ISRAELI-ARAB SCHOLARSHIPS 
SEC. 556. (a) Middle East regional cooperative programs which 
have been carried out in accordance with section 202(c) of the 
103 STAT. 1238 
PUBLIC LAW 101-167—NOV. 21, 1989 
Internationgil Security and Development Cooperation Act of 1985 
shall continue to be funded at a level of not less than $7,000,000 
from funds appropriated under the heading "Economic Support 
Fund". 
(b) Of the funds made available under the heading "Economic 
Support Fund", $5,000,000 shall be available only for a grant to 
assist in capitalizing an endowment whose income will be used for 
scholarships to enable Israeli Arabs to attend institutions of higher 
education in the United States: Provided, That such endowment and 
scholarship program shall be administered by an organization lo-
cated in the United States: Provided further, That a grant may be 
made to capitalize such endowment only if private sector contribu-
tions of at least $5,000,000 have been made by September 30,1990, to 
assist in capitalizing the endowment: Provided further. That if the 
requirement for private sector contributions is not met, funds ear-
marked for the purpose of the endowment shall be reprogrammed 
within the Economic Support Fund account. 
MEMBERSHIP DESIGNATION IN ASIAN DEVELOPMENT BANK 
SEC. 557. It is the sense of the Congress that the United States 
Government should use its influence in the Asian Development 
Bank to secure reconsideration of that institution's decision to 
designate Taiwan (the Republic of China) as "Taipei, China". It is 
further the sense of the Congress, that the Asian Development Bank 
should resolve this dispute in a fashion that is acceptable to Taiwan 
(the Republic of China). 
DEPLETED URANIUM 
SEC. 558. None of the funds provided in this or any other Act may 
be made available to facilitate in any way the sale of M-833 
antitank shells or any comparable antitank shells containing a 
depleted uranium penetrating component to any country other than 
(1) countries which are members of NATO, (2) countries which have 
been designated as a major non-NATO ally for purposes of section 
1105 of the National Defense Authorization Act for Fiscal Year 1987 
or, (3) Pakistan. 
EARMARKS 
SEC. 559. Funds appropriated by this Act which are earmarked 
may be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is 
made impossible by operation of any provision of this or any other 
Act or, with respect to a country with which the United States has 
an agreement providing the United States with base rights or base 
access in that country, if the President determines that the recipient 
for which funds are earmarked has significantly reduced its military 
or economic cooperation with the United States since enactment of 
the Foreign Operations, Export Financing, and Related Programs 
President of U.S. 
Appropriations Act, 1989; however, before exercising the authority 
of this section with regard to a base rights or base access country 
which has significantly reduced its military or economic cooperation 
with the United States, the President shall consult with, and shall 
provide a written policy justification to the Committees on Appro-
priations: Provided, That any such reprogramming shall be subject 
to the regular notification procedures of the Committees on Appro-
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1239 
priations: Provided further. That assistance that is reprogrammed 
pursuant to this section shall be made available under the same 
terms and conditions as originally provided. 
HAITI 
SEC. 560. (a) SUSPENSION OF ASSISTANCE.—During fiscal year 1990, 
none of the funds made available by this Act or by any other Act or 
joint resolution may be obligated or expended to provide United 
States assistance (including any such assistance appropriated and 
previously obligated) for Haiti (other than the assistance described 
in subsection (b) of this section) unless the Government of Haiti has 
embarked upon a credible transition to democracy— 
(1) by restoring the 1987 Constitution; 
(2) by appointing a genuinely independent electoral commis-
sion to conduct free, fair, and open elections as soon as possible 
at all levels, and by giving that commission adequate support; 
and 
(3) by taking adequate steps to provide electoral security, 
(b) EXCEPTIONS.—The term "United States assistance" does not 
include— 
(1) assistance, provided through private and voluntary 
organizations or other nongovernmental agencies, to meet 
humanitarian and developmental needs or to promote respect 
for human rights and the transition to democracy; 
(2) disaster relief assistance (including any assistance under 
chapter 9 of part I of the Foreign Assistance Act of 1961); 
(3) assistance for refugees; 
(4) assistance under the Inter-American Foundation Act; the 
Peace Corps Act; and under title IV, chapter 2 of part I, of the 
Foreign Assistance Act of 1961 (relating to the Overseas Private 
Investment Corporation); 
(5) assistance necessary for the continued financing of edu-
cation for Haitians in the United States; 
(6) assistance provided in order to enable the continuation of 
migrant and narcotics interdiction operations; 
(7) assistance to a genuinely independent electoral commis-
sion that is responsible for the holding of elections consistent 
with the 1987 Constitution; 
(8) assistance for the prevention of HIV infection and the 
control of Haiti's AIDS epidemic and for family planning assist-
ance; or 
(9) assistance necessary for the control and eradication of 
swine flu. 
(c) NOTIFICATIONS.—None of the funds appropriated in this Act 
shall be obligated or expended for Haiti except as provided 
through the regular notification procedures of the Committees on 
Appropriations. 
(d) DETERMiNATiON.-^Funds may be obligated and expended not-
withstanding subsection (a) if the President determines that it is in 
the national interest of the United States to do so. 
ASSISTANCE FOR PANAMA 
SEC. 561. (a) Unless the President certifies to Congress that— 
22 USC 2151 
(1) the Government of Panama has demonstrated substantial 
note. 
progress in assuring civilian control of the armed forces and 
103 STAT. 1240 
PUBLIC LAW 101-167—NOV. 21, 1989 
that the Panama Defense Forces and its leaders have been 
removed from nonmilitary activities and institutions; 
(2) an impartial investigation into allegations of illegal ac-
tions by members of the Panama Defense Force is being 
conducted; 
(3) a satisfactory agreement has been reached between the 
governing authorities and representatives of the opposition 
forces on conditions for free and fair elections; and 
(4) freedom of the press and other constitutional guarantees, 
including due process of law, are being restored to the Panama-
nian people; 
then no United States assistance (including any such assistance 
appropriated and previously obligated) shall be obligated or ex-
pended for programs, projects, or activities which assist or lend 
support for the Noriega regime, or ministries of government under 
the control of the Noriega regime, or any successor regime that does 
not meet the criteria specified in subsection (a) of this section in this 
fiscal year and any fiscal year thereafter, and none of the funds 
appropriated or otherwise made available in this Act, or any other 
Act, shall be used to finance any participation of the United States 
in joint military exercises conducted in Panama during the fiscal 
year 1990. 
(b) It is the sense of the Congress that if the conditions described 
in paragraphs (1) through (4) of subsection (a) have been certified as 
having been met, then not only will United States assistance be 
restored, but increased levels of such assistance should be consid-
ered for Panama. 
(c) For purposes of this section, the term "United States assist-
ance" means assistance of any kind which is provided by grant, sale, 
loan, lease, credit, guaranty, or insurance, or by any other means, by 
any agency or instrumentality of the United States Government, 
including— 
(1) assistance under the Foreign Assistance Act of 1961 
(including programs under title IV of chapter 2 of part I of such 
Act); 
(2) sales, credits, and guarantees under the Arms Export 
Control Act; 
(3) sales under title I or III and donations under title II of the 
Agricultural Trade Development and Assistance Act of 1954 of 
nonfood commodities; 
(4) other financing programs of the Commodity Credit Cor-
poration for export sales of nonfood commodities; 
(5) financing under the Export-Import Bank Act of 1945; and 
(6) assistance provided by the Central Intelligence Agency or 
assistance provided by any other entity or component of the 
United States Government if such assistance is carried out in 
connection with, or for purposes of conducting, intelligence or 
intelligence-related activities except that this shall not include 
activities undertaken solely to collect necessary intelligence; 
except that the term "United States assistance" does not include (A) 
£issistance under chapter 1 of part I of the Foreign Assistance Act of 
1961 insofar as such assistance is provided through private and 
voluntary organizations or other nongovernmental agencies, (B) 
£issistance which involves the donations of food or medicine, (C) 
disaster relief assistance (including any assistance under chapter 9 
of part I of the Foreign Assistance Act of 1961), (D) assistance for 
refugees, (E) assistance under the Inter-American Foundation Act, 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1241 
(F) assistance necessary for the purpose of continuing participant 
training programs (including scholarships) already being supported 
as of the date of any prohibition of assistance otherwise applicable 
to Panama, or (G) assistance made available for termination costs 
arising from the requirements of this section. 
(d) The Secretary of the Treasury shall instruct the United States 
Executive Directors to the International Financial Institutions (the 
International Bank for Reconstruction and Development, the Inter-
national Finance CJorporation, and the Inter-American Development 
Bank) to vote against any loan to Panama, unless the President has 
certified in advance that the conditions set forth in subsection (a) of 
this section have been met. 
Loans. 
ELIMINATION OF THE SUGAR QUOTA ALLOCATION OF PANAMA 
SEC. 562. (a) IN GENERAL.—Notwithstanding any other provision 
of law, no sugars, sirups, or molasses that are products of Panama 
may be imported into the United States after the date of enactment 
of this Act during any period for which a limitation is imposed by 
authorities provided under any other law on the total quantity of 
sugars, sirups, and fnolasses that may be imported into the United 
States: Provided, That such products may be imported after the 
beginning of the last week of any quota year if the President 
certifies that for the entire duration of the quota year, freedom of 
the press and other constitutional guarantees, including due process 
of law, have been restored to the Panamanian people. 
(b) REALLOCATION OF QUOTA AMOUNTS.—For any quota year for 
which the President does not certify for the entire duration of the 
quota year, freedom of the press and all other constitutional guaran-
tees, including due process of law, have been restored to the Pan-
amanian people, no later than the last week of such quota year, the 
United States Trade Representative shall reallocate among other 
foreign countries (but, primarily, among beneficiary countries of the 
Caribbean Basin Initiative and Bolivia) the quantity of sugar, sirup, 
and molasses products of Panama that could have been imported 
into the United States before the date of enactment of this Act 
under any limitation imposed by other law on the total quantity of 
sugars, sirups, and molasses that may be imported into the United 
States during any period: Provided, 
That no one country may 
receive more than 20 per centum of such reallocation. 
(c) CERTIFICATION.—The provisions of subsections (a) and (b), and 
the amendments made by subsection (c) of section 571 of the Foreign 
Operations, Export Financing, and Related Programs, Appropria-
tions Act, 1988, shall cease to apply if the President certifies to 
Congress pursuant to section 561(a) of this Act. 
Imports. 
7 u s e 3602 note. 
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 563. (a) INSTRUCTIONS FOR UNFFED STATES EXECUTIVE DIREC-
TORS.—The Secretary of the Treasury shall instruct the United 
States Executive Director of each international financial institution 
to vote against any loan or other use of the funds of the respective 
institution to or for a country for which the Secretary of State has 
made a determination under section 6(j) of the Export Administra-
tion Act of 1979. 
Loans. 
103 STAT. 1242 
PUBLIC LAW 101-167—NOV. 21, 1989 
(b) DEFINITION.—For purposes of this section, the term "inter-
national financial institution" includes— 
(1) the International Bank for Reconstruction and Develop-
ment, the International Development Association, and the 
International Monetary Fund; and 
(2) wherever applicable, the Inter-American Development 
Bank, the Asian Development Bank, the African Development 
Bank, and the African Development Fund. 
President of U.S. 
Federal 
Register, 
publication. 
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES 
SEC. 564. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral sissistance under any heading of this Act 
and funds appropriated under any such heading in a provision of 
law enacted prior to fiscal year 1990, shall not be made available to 
any country which the President determines— 
(1) grants sanctuary from prosecution to any individual or 
group which has committed an act of international terrorism, or 
(2) otherwise supports international terrorism. 
(b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall pub-
lish each waiver in the Federal Register and, at least fifteen days 
before the waiver takes effect, shall notify the Committees on 
Appropriations of the waiver (including the justification for the 
waiver) in accordance with the regular notification procedures of 
the Committees on Appropriations. 
DETENTION OF CHILDREN 
SEC. 565. It is the sense of the Congress that the practice of 
detaining children without charge or trial is unjust, inhumane, and 
is an affront to civilized principles. The Congress further believes 
that it should be the policy of the United States to make the ending 
of the practice of detaining children without charge or trial a matter 
of the highest priority. Therefore, the Congress believes the Sec-
retary of State should convey to all international organizations that 
ending the practice of detaining children without charge or trial 
should be a policy of the highest priority for those organizations. 
MILITARY ASSISTANCE TO MOZAMBIQUE 
SEC. 566. Notwithstanding any other provision of law, none of the 
funds appropriated or otherwise made available pursuant to this Act 
may be used to provide military assistance to Mozambique. 
HONDURAS—RAMIREZ CASE 
SEC. 567. It is the sense of the Congress that, pursuant to the 
procedures contained in section (j) under the heading "Assistance 
for Central America" enacted in Public Law 100-71, the Honduran 
Government appears to have made a reasonable and good faith 
settlement offer based on a factual analysis by third parties, and the 
owner of the property in question is strongly encouraged to accept 
the proposed settlement. Therefore, notwithstanding the provisions 
of such section, $5,000,000 of the Economic Support Fund assistance 
made available by Public Law 100-71 for Honduras but withheld 
from expenditure shall be available for expenditure upon enactment 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1243 
of this Act: Provided, That if a settlement is reached on the property 
in question, then the additionsQ $10,000,000 withheld from expendi-
ture pursuant to such section shall then be available for expendi-
ture. 
SOUTH AFRICA—SCHOLARSHIPS 
SEC. 568. Of the funds made available by this Act under the 
heading "Economic Support Fund", not less than $10,000,000 
shall be made available for scholarships for disadvantaged South 
Africans. 
NARCOTICS CONTROL PROGRAM 
SEC. 569. (aXD Of the funds appropriated by this Act under the 
heading "EJconomic Support Fund" $69,000,000 may be made avail-
able for Bolivia, Ecuador, Jamaica, and Peru. 
(2) Of the funds appropriated by this Act under the heading 
"Foreign Military Financing Program", $35,000,000 may be made 
available for Bolivia, Elcuador, Jamaica, and Colombia. 
(3) Of the funds appropriated by this Act under the heading 
"Foreign Military Financing Program", $3,500,000 shall be made 
available in accordance with the general authorities contained in 
section 481(a) of the Foreign Assistance Act of 1961, only for the 
procurement of weapons or ammunition for foreign law enforcement 
agencies, and paramilitary units organized for the specific purposes 
of narcotics enforcement, for use in narcotics control, eradication, 
and interdiction efforts: Provided, That funds made available under 
this paragraph shall be made available only for Bolivia, Peru, 
Colombia, Ecuador, and shall be in addition to any amounts pro-
vided for the countries contained in paragraph (2) of this subsection, 
(4) Of the funds appropriated by this Act to carry out the provi-
sions of section 481 of the Foreign Assistance Act of 1961, not less 
than $500,000 shall be made available to finance the testing and use 
of safe and effective herbicides for use in the aerial eradication of 
coca. 
(5) Of the funds appropriated by this Act under the heading 
"Foreign Military Financing Program", $1,000,000 shall be made 
available to arm, for defensive purposes, aircraft used in narcotics 
control, eradication or interdiction efforts: Provided, That such 
funds may only be used to arm aircraft already in the inventory of 
the recipient country, and may not be used for the purchase of new 
aircraft. 
(6XA) Of the funds appropriated by this Act to carry out the 
provisions of section 541 of the Foreign Assistance Act of 1961, up to 
$2,000,000, except through the regular notification procedures of the 
Committees on Appropriations, may be made available for Bolivia, 
Peru, Colombia, and Ecuador, notwithstanding section 660 of such 
Act, for— 
(i) education and training in the operation and maintenance 
of equipment used in narcotics control interdiction and eradi-
cation efforts; and 
(ii) the expenses of deploying, upon the request of the govern-
ment of such foreign country. Department of Defense mobile 
training teams in that foreign country to conduct training in 
military-related individual and collective skills that will en-
hance that country's ability to conduct tactical operations in 
narcotics interdiction. 
103 STAT. 1244 
PUBLIC LAW 101-167—NOV. 21, 1989 
President of U.S. 
Bolivia. 
Colombia. 
Equador. 
Peru. 
President of U.S. 
22 u s e 2291 
note. 
(B) Education and training under this paragraph may be provided 
only for foreign law enforcement agencies, or other units, that are 
organized for the specific purpose of narcotics enforcement. 
(7) Funds made available under this subsection shall be available 
for obligation consistent with the provisions of section 481(h) of the 
Foreign Assistance Act of 1961 (relating to International Narcotics 
Control) except as provided in paragraph (3) of this subsection. 
(b) None of the funds appropriated or otherwise made available 
under this Act may be available for any country during any three-
month period beginning on or after October 1, 1989, immediately 
following a certification by the President to the C!ongress that the 
government of such country is failing to take adequate measures 
(including satisfying the goals agreed to in applicable bilateral 
narcotics agreements as defined in section 481(h)(2)(B) of the Foreign 
Assistance Act of 1961) to prevent narcotic drugs or other controlled 
substances (as listed in the schedules in section 202 of the Com-
prehensive Drug Abuse and Prevention Control Act of 1971 (21 
U.S.C. 812)) which are cultivated, produced, or processed illicitly, in 
whole or in part, in such country, or transported through such 
country from being sold illegally within the jurisdiction of such 
country to United States Government personnel or their dependents 
or from entering the United States unlawfully. 
(c) In making determinations with respect to Bolivia, Colombia, 
Ecuador, and Peru pursuant to section 481(h)(2)(AXi) of the Foreign 
Assistance Act of 1961, the President shall take into account the 
extent to which the Government of each country is sufficiently 
responsive to United States Government concerns on coca control 
and whether the provision of assistance for that country is in the 
national interest of the United States. 
(dXD If any funds made available for any fiscal year for security 
assistance are not used for assistance for the country for which 
those funds were allocated because of any provision of law requiring 
the withholding of assistance for countries that have not taken 
adequate steps to halt illicit drug production of trafficking, the 
President shall use those funds for additional assistance for those 
countries which have met their illicit drug eradication targets or 
have otherwise taken significant steps to halt illicit drug production 
or trafficking, as follows: 
(A) Those funds may be transferred to and consolidated with 
the funds made available to carry out section 481 of the Foreign 
Assistance Act of 1961 in order to provide additional narcotics 
control assistance for those countries. Funds transferred under 
this paragraph may only be used to provide increased funds for 
activities previously justified to the Congress. Transfers may be 
made under this paragraph without regard to the 20-percent 
increase limitation contained in section 610 of the Foreign 
Assistance Act. 
(B) Any such funds not used under subparagraph (A) shall be 
reprogrammed within the account for which they were appro-
priated (subject to the regular reprogramming procedures of the 
Committees on Appropriations) in order to provide additional 
security assistance for those countries. 
(2) As used in this section, the term "security assistance" means 
economic support fund assistance, foreign military financing, and 
international military education and training. 
(e) Of the funds appropriated under title II of this Act for the 
Agency for International Development, up to $10,000,000 should be 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1245 
made available for narcotics education and awareness programs 
(including public diplomacy programs) of the Agency for Inter-
national Development, and $40,000,000 of the funds appropriated 
under title II of this Act should be made available for narcotics 
related economic assistance activities. 
(f) In order to maximize the participation of other countries in the 
effort to promote international narcotics control, the Secretary of 
State is directed to urge the United Nations Fund for Drug Abuse 
Control to develop a more comprehensive program for enlisting 
greater multilateral support for coca control programs and related 
development activities in South America. 
TURKISH 
AND 
GREEK 
MIUTARY 
FORCES 
ON 
CYPRUS 
SEC. 570. Any agreement for the sale or provision of any article on 
the United States Munitions List (established pursuant to section 38 
of the Arms Export Control Act) entered into by the United States 
after the enactment of this section shall expressly state that the 
article is being provided by the United States only with the under-
standing that it will not be transferred to C3T)rus or otherwise used 
to further the severance or division of Cyprus. The President shall 
report to Congress any substantial evidence that equipment pro-
vided under any such agreement has been used in a manner 
inconsistent with the purposes of this section. 
22 u s e 2373 
note. 
President of U.S. 
Reports. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
SEC. 571. Notwithstanding any other provision of law, and subject 
to the regular notification requirements of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel and Egypt 
and NATO and major non-NATO allies for the procurement by 
leasing (including leasing with an option to purchase) of defense 
articles from United States commercial suppliers, not including 
Major Defense Equipment (other than helicopters and other types of 
aircraft having possible civilian application), if the President deter-
mines that there are compelling foreign policy or national security 
reasons for those defense articles being provided by commercial 
lease rather than by government-to-government sale under such 
Act. 
CAMBODIAN NONCOMMUNIST RESISTANCE FORCES 
SEC. 572. If the President makes available funds appropriated by 
this Act for the Cambodian non-CJommunist resistance forces, not to 
exceed $7,000,000 may be made available for such purpose, and such 
funds shall be derived from funds appropriated under the headings 
"Foreign Military Financing Program" and "Economic Support 
Fund", and shall be made available notwithstanding any other 
provision of law: Provided, That funds made available for this 
purpose shall be obligated in accordance with the provisions of 
section 906 of the International Security and Development Coopera-
tion Act of 1985 (Public Law 99-83): Provided further, That, to the 
maximum extent possible, all funds made available under the 
authority of this section shall be administered directly by the 
United States Government. 
22 u s e 2763 
note. 
103 STAT. 1246 
PUBLIC LAW 101-167—NOV. 21, 1989 
MODERNIZATION OF MIUTARY CAPABILITIES OF CERTAIN COUNTRIES 
WTTQT'QQO^^'^' 
^^^' 
^^^' ^^^ AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.— 
note 
^^^ NATO SOUTHERN FLANK COUNTRIES.—The President may 
transfer— 
(A) to any NATO southern flank country which is eligible 
for United States security assistance and which is in-
tegrated into NATO's military structure; and 
(B) to any major non-NATO ally on the southern and 
southeastern flank of NATO which is eligible for United 
States security assistance, such excess defense articles £is 
may be necessary to help modernize the defense capabilities 
of such country. 
(2) MAJOR ILUCIT DRUG PRODUCING COUNTRIES.—Subject to 
subsection (f), the President may transfer to any country— 
(A) which is a major illicit drug producing country, 
(B) which has a democratic government, and 
(C) whose armed forces do not engage in a consistent 
pattern of gross violations of internationally recognized 
human rights, such excess defense articles as may be nec-
essary to carry out subsection (D(l). 
(3) TERMS OF TRANSFERS,—Excess defense articles may be 
transferred under this section without cost to the recipient 
country. 
(b) LIMITATIONS ON TRANSFERS.—The President may transfer 
excess defense articles under this section only if— 
(1) they are drawn from existing stocks of the Department of 
Defense; 
(2) funds available to the Department of Defense for the 
procurement of defense equipment are not expended in connec-
tion with the transfer; and 
(3) the President determines that the transfer of the excess 
defense articles will not have an adverse impact on the military 
readiness of the United States. 
(c) NOTIFICATION TO CONGRESS.— 
(1) ADVANCE NOTICE.—The President may not transfer excess 
defense articles under this section until thirty days after the 
President has provided notice of the proposed transfer to the 
committees specified in paragraph (2). This notification shall 
include— 
(A) a certification of the need for the transfer; 
(B) an assessment of the impact of the transfer on the 
military readiness of the United States; and 
(C) the value of the excess defense articles to be trans-
ferred. 
(2) COMMITTEES TO BE NOTIFIED.—Notice shall be provided 
pursuant to paragraph (1) to the Committee on Foreign Affairs, 
and the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee on Appro-
priations of the Senate. 
(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF D O D EX-
PENSES.—Section 632(d) of the Foreign Assistance Act of 1961 does 
not apply with respect to transfers of excess defense articles under 
this section. 
(e) MAINTENANCE OF MILITARY BALANCE IN EASTERN MEDITERRA-
NEAN.— 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1247 
(1) UNITED STATES POUCY.—The Congress intends that excess 
defense articles be made available under this section consistent 
with the United States policy, established by section 841 of the 
International Cooperation Act of 1989, of msiintaining the mili-
tary balance in the Ekistem Mediterranean. 
(2) MAINTENANCE OP BALANCE.—Accordingly, the President 
shall ensure that, over the three-year period beginning on 
October 1,1989, the ratio of— 
(A) the value of excess defense articles made available for 
Turkey under this section, to 
(B) the value of excess defense articles made available for 
Greece under this section, closely approximates the ratio 
of— 
(i) the amount of foreign military financing provided 
for Turkey, to 
(ii) the amount of foreign military financing provided 
for Greece. 
(3) EXCEPTION TO REQUIREMENT.—^This subsection shall not 
apply if either Greece or Turkey ceases to be eligible to receive 
excess defense articles imder subsection (a). 
(f) MAJOR IIXICIT DRUG PRODUCING COUNTRIES IN LATIN AMERICA 
AND THE CARIBBEAN.— 
(1) PURPOSE.—Excess defense articles shall be transferred 
under subsection (aX2) for the purpose of encouraging the mili-
tary forces of an eligible country in Latin America and the 
Caribbean to participate with local law enforcement agencies in 
a comprehensive national antinarcotics program, conceived and 
developed by the government of that country, by conducting 
activities within that country and on the high seas to prevent 
the production, processing, trafficking, transportation, and 
consumption of illicit narcotic or psychotrophic drugs or other 
controlled substances. 
(2) USES OF EXCESS DEFENSE ARTICLES.—Excess defense articles 
may be furnished to a country under subsection (aX2) only if 
that country ensures that those excess defense articles will be 
used only in support of antinarcotics activities. 
(3) ROLE OF THE SECRETARY OF STATE.—The Secretary of State 
shall determine the eligibility of countries to receive excess 
defense articles under subsection (aX2) and insure that any 
transfer is coordinated with other antinarcotics enforcement 
programs assisted by the United States Government. 
(4) LIMITATION.—The aggregate value of excess defense arti-
cles transferred to a country under subsection (aX2) in any fiscal 
year may not exceed $10,000,000. 
(g) DEFINITIONS.—As used in this section— 
(1) the term "excess defense article" has the meaning given 
that term by section 644(g); 
(2) the term "made available" means that a good faith offer is 
made by the United States to furnish the excess defense articles 
to a country; 
(3) the term "major non-NATO ally" includes Australia, 
Egypt, Israel, Japan, and New Zealand; 
(4) the term "NATO" means the North Atlantic Treaty 
Organization; and 
(5) the term "NATO southern flank countries" means Greece, 
Italy, Portugal, Spain, and Turkey. 
103 STAT. 1248 
PUBLIC LAW 101-167—NOV. 21, 1989 
COMPETITIVE INSURANCE 
SEC. 574. All Agency for International Development contracts and 
solicitations, and subcontracts entered into under such contracts, 
shall include a clause requiring that United States marine insur-
ance companies have a fair opportunity to bid for marine insurance 
when such insurance is necessary or appropriate. 
PAY RAISES 
SEC. 575. Such sums as may be necessary for fiscal year 1990 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
IRELAND 
SEC. 576. It is the sense of the Congress that of the funds appro-
priated or otherwise made available for the International Fund for 
Ireland, the Board of the Intemationsil Fund for Ireland should give 
great weight in the allocation of such funds to projects which will 
create permanent, full time jobs in the areas that have suffered 
most severely from the consequences of the instability of recent 
years. Areas that have suffered most severely from the con-
sequences of the instability of recent years shall be defined as areas 
that have high rates of unemployment. 
ASSISTANCE TO AFGHANISTAN 
SEC. 577. Funds appropriated by this Act may not be made avail-
able, directly or for the United States proportionate share of pro-
grams funded under the heading "International Organizations and 
Programs", for assistance to be provided inside Afghanistan if that 
assistance would be provided through the Soviet-controlled govern-
ment of Afghanistan. This section shall not be construed as limiting 
the United States contributions to international organizations for 
humanitarian assistance. 
EL SALVADOR ECONOMIC SUPPORT FUNDS 
SEC. 578. Not less than 25 per centum of the EJconomic Support 
Funds made available for El Salvador by this Act shall be used for 
projects and activities in accordance with the provisions applicable 
to assistance under chapter 1 of part I of the Foreign Assistance Act 
of 1961. 
DISADVANTAGED ENTERPRISES 
Africa. 
SEC. 579. (a) Except to the extent that the Administrator of the 
Agency for International Development of the Foreign Assistance 
Act of 1961 determines otherwise, not less than 10 percent of the 
aggregate amount made available for the fiscal year 1990 for devel-
opment assistance and assistance for famine recovery and develop-
ment in Africa shall be made available only for activities of United 
States organizations and individuals that are— 
(1) business concerns owned and controlled by socially and 
economically disadvantaged individuals, 
(2) historically black colleges and universities. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1249 
(3) colleges and universities having a student body in which 
more than 40 percent of the students are Hispanic American, 
and 
(4) private voluntary organizations which are controlled by 
individuals who are socially and economically disadvantaged. 
(bXD In addition to other actions taken to carry out this section, 
the actions described in paragraphs (2) through (5) shall be taken 
with respect to development assistance and assistance for famine 
recovery and development in Africa for fiscal year 1990. 
(2) Notwithstanding any other provision of law, in order to achieve 
the goals of this section, the Administrator— 
(A) to the maximum extent practicable, shall utilize the 
authority of section 8(a) of the Small Business Act (15 U.S.C. 
637(a)); 
(B) to the maximum extent practicable, shall enter into con- Contracts. 
tracts with small business concerns owned and controlled by 
socially and economically disadvantaged individuals— 
(i) using less than full and open competitive procedures 
under such terms and conditions as the Administrator 
deems appropriate, and 
(ii) using an administrative system for justifications and 
approvals that, in the Administrator's discretion, may best 
achieve the purpose of this section; and 
(C) shall issue regulations to require that any contract in Regulations. 
excess of $500,000 contain a provision requiring that no less 
than 10 percent of the dollar value of the contract be subcon-
tracted to entities described in subsection (a), except— 
(i) to the extent the Administrator determines otherwise 
on a case-by-case or category-of-contract basis; and 
(ii) this subparagraph does not apply to any prime con-
tractor that is an entity described in subsection (a). 
(3) Each person with contracting authority who is attached to the 
agency's headquarters in Washington, as well as all agency missions 
and regional offices, shall notify the agency's Office of Small and 
Disadvantaged Business Utilization at least 7 business days before 
advertising a contract in excess of $100,000, except to the extent that 
the Administrator determines otherwise on a case-by-case or cat-
egory-of-contract basis. 
(4) The Administrator shall include, as part of the performance 
evaluation of any mission director of the agency, the mission direc-
tor's efforts to carry out this section. 
(5) The Administrator shall submit to the (Dongress annual reports Reports, 
on the implementation of this section. Each such report shall specify 
the number and dollar value or amount (as the case may be) of 
prime contracts, subcontracts, grants, and cooperative agreements 
awarded to entities described in subsection (a) during the preceding 
fiscal year. 
(6) The Administrator shall issue interim regulations to carry out Regulations. 
this section within ninety days after the date of the enactment of 
this Act and final regulations within one hundred and eighty days 
after that date. 
(c) As used in this section, the term "socially and economically 
disadvantaged individuals" has the same meaning that term is 
given for purposes of section 133(cX5) of the International Develop-
ment and Food Assistance Act of 1977, except that the term includes 
women. 
103 STAT. 1250 
PUBLIC LAW 101-167—NOV. 21, 1989 
STINGERS IN THE PERSIAN GULF REGION 
SEC. 580. Except as provided in section 581, the United States may 
not sell or otherwise make available any Stingers to any country 
bordering the Persian Gulf under the Arms Export Control Act or 
chapter 2 of part II of the Foreign Assistance Act of 1961. 
STINGERS FOR BAHRAIN 
SEC. 581. (a) PREVIOUSLY TRANSFERRED STINGERS.—Notwithstand-
ing section 580, section 5730)X4) of the Foreign Operations, Export 
Financing, and Related Progrsmis Appropriations Act, 1988, and 
section 56603X4) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989, shall cease to apply 
with respect to Stingers made available to Bahrain under those 
sections if the President determines, and notifies the Committees on 
Appropriations and the Committee on Foreign Affairs of the House 
of Representatives £ind the Committee on Foreign Relations of the 
Senate, that— 
(1) the Stingers are needed by Bahrain to counter an imme-
diate air threat or to contribute to the protection of United 
States personnel, facilities, equipment, or operations; 
(2) no other appropriate system is available from the United 
States; 
(3) Bahrgiin has agreed, in writing, to such safeguards to 
protect against diversion of the Stingers as may be required by 
the United States; and 
(4) Bahrain has agreed in writing to return to the possession 
and control of the United States all Stingers made available 
under those sections and subsection (b) of this section, other 
than Stingers which have been fired or otherwise destroyed, at 
any time the United States determines, subject to subsection (c). 
(b) REPLACEMENT STINGERS.—Notwithstanding section 580, Sting-
ers may be made available to Bahrain under the Arms Export 
Control Act or the Foreign Assistance Act of 1961 after September 
30, 1989, in order to replace, on a one-for-one beisis. Stingers pre-
viously made available under this subsection, section 573 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988, or section 566 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989, 
that have been fired or otherwise destroyed, subject to the following 
conditions: 
^ 
(1) DETERMINATIONS.—Replacement Stingers may be made 
available to Bahrain pursuant to this subsection only if the 
President makes the determinations specified in paragraphs (1) 
through (4) of subsection (a). 
(2) NOTICE TO CONGRESS BEFORE STINGERS ARE TRANSFERRED.— 
At legist 30 days before making any replacement Stingers avail-
able to Bahrain pursuant to this subsection, the President shall 
notify the committees designated in subsection (a) that he has 
made the determinations required by paragraph (1). Any such 
notification shall include the information required in a certifi-
cation under section 360t>) of the Arms Export Control Act. This 
paragraph applies without regard to the value of the Stingers to 
be made available. 
(c) RETURN OF STINGERS TO THE UNITED STATES.—All Stingers 
made available to Bahrain pursuant to subsections (a) and (h), other 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1251 
than those fired or otherwise destroyed, shall be returned to the 
possession and control of the United States not later than Septem-
ber 30, 1991, unless the President— 
(1) determines that each of the conditions specified in subsec-
tion (a) continues to apply; and 
(2) notifies the committees designated in subsection (a) not 
later than September 15, 1991, in accordance with the regular 
reprogramming procedures of such committees, that the United 
States intends to waive the requirement that the Stingers be 
returned to the United States by the date specified in the 
subsection. 
PROHIBITION ON LEVERAGING AND DIVERSION OF UNITED STATES 
ASSISTANCE 
SEC. 582. (a) None of the funds appropriated by this Act may be 
provided to any foreign government (including any instrumentality 
or agency thereof), foreign person, or United States person in ex-
change for that foreign government or person undertaking any 
action which is, if carried out by the United States Government, a 
United States official or employee, expressly prohibited by a provi-
sion of United States law. 
0)) For the purposes of this section the term "funds appropriated 
by this Act" includes only (1) assistance of any kind under the 
Foreign Assistance Act of 1961; and (2) credits, and guaranties under 
the Arms Export Control Act. 
(c) Nothing in this section shall be construed to limit— 
(1) the ability of the President, the Vice President, or any 
official or employee of the United States to make statements or 
otherwise express their views to any party on any subject; 
(2) the ability of an official or employee of the United States 
to express the policies of the President; or 
(3) the ability of an official or employee of the United States 
to communicate with any foreign country government, group or 
individual, either directly or through a third party, with respect 
to the prohibitions of this section including the reasons for such 
prohibitions, and the actions, terms, or conditions which might 
lead to the removal of the prohibitions of this section. 
APPROPRIATIONS OF EXCESS CURRENCIES 
SEC. 583. The provisions of section 1306 of title 31, United States 31 USC 1306 
Code, shall not be waived to carry out the provisions of the Foreign 
^°^-
Assistance Act of 1961 by any provision of law enacted after the date 
of enactment of this Act unless such provision makes specific ref-
erence to this section. 
DEBT-FOR-DEVELOPMENT 
SEC 584. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities 
under the Foreign Assistance Act of 1961, including debt-for-devel-
opment 
and 
debt-for-nature 
exchanges, 
a 
nongovernmental 
organization may invest local currencies which accrue to that 
organization as a result of economic assistance provided under the 
heading "Agency for International Development" and any interest 
earned on such investment may be used, including for the establish-
103 STAT. 1252 
PUBLIC LAW 101-167—NOV. 21, 1989 
ment of an endowment, for the purpose for which the assistance was 
provided to that organization. 
LEBANON 
SEC. 585. Of the funds appropriated by this Act to carry out 
chapter 1 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961 not less than $7,500,000 shall be made available for 
Lebanon: Provided, That such funds may be provided in accordance 
with the general authorities contained in section 491 of the Foreign 
Assistance Act of 1961. 
JOB-RELATED CRIMES 
22 use 4136. 
SEC. 586. (a) Section 1106(8) of the Foreign Service Act of 1980 is 
amended by inserting at the end thereof the following sentence: 
"Notwithstanding the first sentence of this paragraph, the Board's 
authority to suspend such action shsdl not extend to instances where 
the Secretary, or his designee, has determined that there is resison-
able cause to believe that a grievant has committed a job-related 
crime for which a sentence of imprisonment may be imposed and 
hsis taken action to suspend the grievant without pay pending a 
final resolution of the underlying matter.". 
22 use 4010. 
(b) Section 610(a) of the Foreign Service Act of 1980 is amended by 
inserting the following new paragraphs: 
"(3) Notwithstanding the hearing required by this section, or 
procedures under any other provision of law, where there is 
reasonable cause to believe that a member has committed a 
crime for which a sentence of imprisonment may be imposed, 
and there is a nexus to the efficiency of the Service, the 
Secretary, or his designee, may suspend such member without 
pay pending final resolution of the underl)dng matter, subject to 
reinstatement with back pay if cause for separation is not 
established in a hearing before the Board. 
"(4) Any member suspended pursuant to subsection (aX3) of 
this section shall be entitled to— 
"(A) advance written notice of the specific reasons for 
such suspension, including the grounds for reasonable 
cause to believe a crime has been committed; 
"(B) a reasonable time, not less than seven days, to 
answer orally and in writing; 
"(C) be represented by an attorney or other representa-
tive; and 
"(D) a final written decision. 
"(5) Any member suspended pursuant to subsection (aX3) of 
this section shall be entitled to grieve such action in accordance 
with procedures applicable to grievances under chapter 11. The 
Board review, however, shall be limited only to a determination 
of whether there exists reasonable cause to believe a crime has 
been committed for which a sentence of imprisonment may be 
imposed, and whether there is a nexus between the conduct and 
the efficiency of the Service.". 
22 use 4010 
(c) For purposes of the amendments made by subsections (a) and 
"°** 
(b) of this section, reasonable cause to believe that a member has 
committed a crime for which a sentence of imprisonment may be 
imposed shall be defined as a member of the Service having been 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1253 
convicted of, and sentence of imprisonment having been imposed 
for, a job-related crime. 
LOCATION OF STOCKPILES 
SEC. 587. (a) Except for stockpiles located in the Republic of Korea, 
Thailand, a country which is a member of the North Atlantic Treaty 
Organization, or a country which is a major non-NATO ally, no 
stockpile may be located outside the boundaries of a United States 
military base or a military base used primarily by the United States. 
(b) Section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321h) is amended— 
(1) in subsection (bXD, by striking out "greater than" and 
inserting in lieu thereof "that"; and 
(2) in subsection (bX2), by striking out "$77,000,000 for fiscal 
year 1989" and inserting in lieu thereof "$165,000,000 for fiscal 
year 1990". 
HONG KONG 
SEC. 588. It is the sense of the Congress that the President and 
Secretary of State should convey to the People's Republic of China 
and the United Kingdom strong concerns over the absence of full 
direct elections in the colony and lack of independent human rights 
guarantees in the draft Basic Law, pending the colony's scheduled 
reversion to China in 1997. 
RESCISSION 
SEC. 589. Of the funds appropriated by the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989, 
under the heading "Economic Support Fund", $50,000,000 of such 
funds are hereby rescinded: Provided, That such rescission may be 
derived only from unearmarked funds and funds earmarked under 
such heading for Sub-Saharan Africa and allocated for Sudan, Soma-
lia, and Liberia. 
WEST BANK SCHOOLS 
SEC. 590. The United States Congress commends Israel's decision 
to open schools on the West Bank beginning July 22,1989. 
The Congress expresses the hope that all schools will be opened at 
an early date and will remain open, will not be used for political 
purposes, and will be respected and regarded as places of learning, 
not as places from which to further violent activity. 
ASSISTANCE FOR PAKISTAN 
SEC. 591. Section 620E(d) of the Foreign Assistance Act of 1961 is 22 use 2375. 
amended by striking out "April 1, 1990" and inserting in lieu 
thereof"April 1,1991". 
SEPARATE ACCOUNTS 
SEC. 592, (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—(1) If 
assistance is furnished to the government of a foreign country under 
chapter 1 of part I (including assistance for Sub-Saharan Africa) or 
chapter 4 of part II of the Foreign Assistance Act of 1961 under 
arrangements which result in the generation of local currencies of 
103 STAT. 1254 
PUBLIC LAW 101-167—NOV. 21, 1989 
that country, the Administrator of the Agency for International 
Development shall— 
Contracts. 
(A) require that local currencies be deposited in a separate 
account established by that government; 
(B) enter into an agreement with that government which sets 
forth— 
(i) the amount of the local currencies to be generated, and 
(ii) the terms and conditions under which the currencies 
so deposited may be utilized, consistent with this section; 
and 
(C) established by agreement with that government the 
responsibilities of the Agency for International Development 
and that government to monitor and account for deposits into 
and disbursements from the separate account. 
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local cur-
rencies, shall be used only— 
(A) to carry out chapter 1 of part I or chapter 4 of part II (as 
the case may be), or 
(B) for the administrative requirements of the United States 
Government. 
(3) 
PROGRAMMING ACCOUNTABILITY.—The Agency for 
Inter-
national Development shall take all appropriate steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsec-
tion (aX2XA) from the separate account established pursuant to 
subsection (aXD are used for the purposes agreed upon pursuant to 
subsection (aX2). 
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of 
assistance to a country under chapter 1 of part I or chapter 4 of part 
II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government. 
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is 
made available to the government of a foreign country, under 
chapter 1 of part I (including assistance for Sub-Saharan Africa) or 
chapter 4 of part II of the Foreign Assistance Act of 1961, as cash 
transfer assistance or as nonproject sector assistance, that country 
shall be required to maintain such funds in a separate account and 
not commingle them with any other funds. 
(2) APPUCABILITY OF OTHER PROVISIONS OF LAW.—Such funds may 
be obligated and expended notwithstanding provisions of law which 
are inconsistent with the nature of this assistance including provi-
sions which are referenced in the Joint Explanatory Statement of 
the Committee of (Donference accompanying House Joint Resolution 
648 (H. Report No. 98-1159). 
President of U.S. 
(3) NOTIFICATION.—At least fifteen days prior to obligating any 
such cash transfer or nonproject sector assistance, the President 
shall submit a notification through the regular notification proce-
dures of the (Dommittees on Appropriations, which shall include a 
detailed description of how the funds proposed to be made available 
will be used, with a discussion of the United States interests that 
will be served by the assistance (including, as appropriate, a descrip-
tion of the economic policy reforms that will be promoted by such 
assistance). 
-
« 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1255 
(4) EXEMPTION.—Nonproject sector assistance funds may be 
exempt from the requirements of subsection (bXD only through the 
notification procedures of the Committees on Appropriations. 
GLOBAL 
REDUCTION 
OF 
PROVERTY 
SEC. 593. (a) The Congress finds that the reduction of poverty on a 
global basis is a fundamental goal of United States foreign assist-
ance. Therefore, to measure progress toward that goal, the Adminis-
trator of the Agency for International Development shsdl, in 
consultation with the Congress and other appropriate governmental 
agencies and nongovernmental agencies and nongovernmental 
organizations, establish a system of quantitative and qualitative 
indicators of poverty reduction, which shall be established on a 
country-by-country basis. These indicators shall include the percent-
age of persons living below the absolute poverty level, rates of infant 
and child mortality, rates of literacy for men and women, per capita 
income and purchasing power, rate of employment, and other fac-
tors measuring poverty reduction and economic growth as the 
Administrator of the Agency for International Development shall 
deem appropriate. 
(b) As part of its annual congressional presentation to Congress, 
the Agency for International Development shall identify those pov-
erty reduction objectives that have been set for each country receiv-
ing development assistance, and the progress that has been achieved 
in pgist years and future steps to be taken to achieve them. 
INTERNATIONAL MONETARY FUND 
SEC. 594. (a) The Secretary of the Treasury shall instruct the 
United States Executive Director to the International Monetary 
Fund (IMF) to regularly and vigorously promote the following policy 
and staffing changes through formal initiatives before the Board 
and management of the IMF and through bilateral discussions with 
other member nations: 
(1) The addition to the IMF's staff of natural resource experts, 
and development economists trained in analyzing the linkages 
between macro-economic conditions and the short- and long-
term impacts on sustainable management of natural resources. 
(2) In a manner consistent with the purposes of the IMF, the 
establishment in the IMF of a systematic process to review in 
advance, and take into account in policy formation, projected 
impacts of each IMF lending agreement on the long-term 
sustainable management of natural resources, the environment, 
public health and poverty. 
(3) The creation of criteria to consider concessional and favor-
able lending terms to promote sustainable management of natu-
ral resources. Such capacity should seek the reduction of the 
debt burden of developing countries in recognition of domestic 
investments in conservation and environmental management. 
(b) The Secretary of the Treasury shall prepare an annual report Reports, 
to the Congress on the progress made by the United States Execu-
tive Director to the IMF in implementing the reforms encompassed 
in this section. 
1103 STAT. 1256 
PUBLIC LAW 101-167—NOV. 21, 1989 
EL SALVADOR 
SEC. 595. With respect to the ongoing political unrest and armed 
conflict in El Salvador, the Congress hereby— 
(1) welcomes the negotiating process set in motion on Septem-
ber 13, 1989 in Mexico City by the Grovernment of El Salvador 
and the leadership of the Farabundo Marti National Liberation 
Front and the expressed willingness of both parties to continue 
this process; 
(2) urges the parties to these negotiations to achieve, as 
quickly as possible— 
(A) a cessation of hostilities; and 
(B) an overall political settlement of the ten-year old 
conflict; and 
(3) calls upon the Secretary of State to consult frequently with 
the Congress on the status of the Salvadoran negotiations and 
on the efforts being undertaken by the President to support 
these negotiations. 
CENTRAL AMERICAN DEVELOPMENT COORDINATION COMMISSION 
SEC. 596. (a) FINDINGS.—The Congress finds that multi-donor for-
eign assistance funds made available to the Central America region 
should be channeled through regional institutions which have 
strong participation in decision-making by Central Americans to 
ensure adequate coordination among donors. 
President of U.S. 
0^) ASSISTANCE FOR CADCC.—Upon the request of the govern-
ments of Central America, the President shall provide appropriate 
support and assistance in the development of a coordination mecha-
nism agreed to by the governments of Central America, which shall 
be designated as the Central American Development Coordination 
Commission (CADCC). In providing such support and assistance, the 
President shall, in concert with the governments of Central 
America, with other nations providing assistance, with the United 
Nations, and with other concerned international and regional 
organizations— 
(1) encourage and participate in the creation of a multi-donor, 
multi-sectoral coordinating mechanism known as the CADCC; 
and 
(2) provide not less than $500,000 or more than $1,000,000 of 
funds appropriated to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 (relating to the Economic Sup-
port Fund) to be used to assist in the implementation of such 
(Commission, and United States participation therein. 
(c) FACTORS 
IN 
ESTABUSHING CADCC.—In establishing 
the 
CADCC, consideration should be given to: 
(1) involving representatives from both the public and private 
sectors, including representatives from the trade unions and 
business communities, and nongovernmental organizations at 
the regional level; 
(2) involving regional institutions and multilateral organiza-
tions such as the Inter-American Bank, the (Central American 
Bank for Economic Integration (CABEI), the (Central American 
Monetary Council (CMCA), the Economic (Commission for Latin 
America (ECLAC), the International Bank for Reconstruction 
and Development, and the United Nations in project design, 
implementation, and coordination; and 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1257 
(3) establishing in each country a Nationed Recovery and 
Development Commission, modeled after the National Rec-
onciliation Commissions called for in the Esquipulas II Accords 
agreed to by the presidents of the five countries of Central 
America in Guatemala on August 6-7,1987. 
(d) SECRETARIAT OF THE CADCC.—The United Nations Develop-
ment Programme shall be designated as the social service and 
refugee and displaced persons technical £issistance secretariat for 
the CADCC. 
(e) EuGiBiLiTY FOR ASSISTANCE.—The President is authorized to 
furnish assistance under this section to each country in Central 
America which is in compliance with the Esquipulas II Accords. 
(fKD ENCOURAGEMENT OF MULTILATERAL CONTRIBUTIONS.—The 
Congress urges the President to take the necessary steps to encour-
age and secure greater internation£d cooperation in, and support for, 
implementing the recommendations of the International Commis-
sion for Central American Recovery and Development. 
(2) It is the sense of the Congress that, in cariying out paragraph 
(1), the President should exert leadership in multilateral and re-
gional forums, and at economic summits to further a multidonor, 
multisector solution to the crisis in Central America. 
EUGIBILITY OF POLAND AND HUNGARY FOR OVERSEAS PRIVATE 
INVESTMENT CORPORATION 
SEC. 597. (a) PROGRAMS.—Section 239(f) of the Foreign Assistance 
Act of 1961 is amended by inserting "Poland, Hungary," after 
22 use 2199. 
"Yugoslavia,". 
(b) PARTICIPATION BY NONGOVERNMENTAL SECTOR.—(1) In accord-
ance 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 shsdl support projects in Poland and Hun-
gary which will result in enhancement of the nongovernmental 
sector and reduction of state involvement in the economy. 
(2) For purposes of this subsection, the term "nongovernmental 
--
sector" in Poland and Hungary includes private enterprises, co-
operatives (insofar as they are not administered by the Governments 
of Poland or Hungary), joint ventures (including partners which are 
not the Governments of Poland or Hungary or instrumentalities 
thereof), businesses in Poland or Hungary that are wholly or partly 
owned by United States citizens, including those of Polish or 
Hungarian descent, religious and ethnic groups (including the 
Catholic Church), and other independent social organizations. 
(c) DEFINITION OF EUGIBLE INVESTOR.—Notwithstanding subsec-
tion (b), the term "eligible investor" with respect to OPIC's pro-
grams in Poland and Hungary has the same meaning as contained 
in section 238(c) of the Foreign Assistance Act of 1961. 
(d) EFFECTIVE DATE,—The authority of the Overseas Private 
Investment Corporation to issue insurance, reinsurance, guarantees, 
and to provide any assistance under its direct loan and equity 
programs with respect to projects undertaken in Poland and Hun-
gary shall take effect upon the date of enactment of this Act and 
shall remain in effect until September 30,1992. 
103 STAT. 1258 
PUBLIC LAW 101-167—NOV. 21, 1989 
INTERNATIONAL COFFEE AGREEMENT 
SEC. 598. It is the Sense of the Congress that the International 
Coffee Agreement is an important measure in promoting economic 
and political stability in many developing countries, including 
Colombia, that the collapse of the Agreement would seriously under-
mine Colombia's efforts at fighting illegal drugs, and that the 
Administration should undertaJie every possible effort to success-
fully conclude a renewal of the Agreement. 
LATVIA, ESTONIA, AND LITHUANIA 
SEC. 599. (a) The Congress finds that— 
(1) the Baltic states of Latvia, Estonia, and Lithuania gained 
their independence from the Russian Socialist Federative Soviet 
Republic in 1918, a fact recognized by the government of the 
Russian Socialist Federative Soviet Republic in 1920; 
(2) the governments of the Latvian Democratic Republic and 
the Russian Socialist Federative Soviet Republic (RSFSR) signed 
a Treaty of Peace in Riga, Latvia on August 11, 1920, in which 
^ 
the RSFSR "establishes the right of self-determination for all 
nations, even to the point of total separation from the States 
with which they have been incorporated" and declares that 
"Russia 
unreservedly 
recognizes 
the 
independence, 
self-
subsistency and sovereignty of the Latvian State and volun-
tarily and forever renounces all sovereign rights over the 
Latvian people and territory which formerly belonged to 
Russia"; 
(3) similar treaties were signed by both the Republic of Esto-
nia and the Republic of Lithuania with the RSFSR on February 
2,1920 and July 12,1920, respectively"; 
(4) the independent republics of Latvia, Estonia, and Lithua-
nia swiftly recovered from the ravages of World War I and 
became active in the World community, gaining membership in 
the League of Nations on September 22, 1921 and full recogni-
tion by the United States on July 28,1922; 
(5) the sovereign rights of the independent states of Latvia, 
Estonia, and Lithuania were violated by the Union of Soviet 
Socialist Republics in a Secret Protocol to the Nazi-Soviet 
Treaty of Nonaggression of August 23, 1939, which divided 
Eastern Europe into Nazi and Soviet "spheres of influence"; 
(6) the Union of Soviet Socialist Republics coerced the govern-
ments of Latvia, Estonia, and Lithuania to sign Pacts of Mutual 
Assistance in October 1939, which stipulated that the "contract-
ing parties undertake not to enter into any alliances or to 
participate in any coalitions directed against one of the 
contracting parties" and that "the carrying into effect of the 
present pact must in no way affect the sovereign rights of the 
contracting parties, in particular their political structure, their 
economic and social system, and their military measures"; 
(7) the Union of Soviet Socialist Republics violated not only 
those bilateral agreements with the independent Baltic states 
but also international conventions on the changing of inter-
national borders by force when the Soviet Union issued ulti-
matums to the three independent nations on June 15-16, 1940, 
demanding the formation of governments to their liking, fol-
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1259 
lowed by armed invasions of Lithuania, Latvia, and Estonia on 
June 16-17,1940; 
(8) the occupation of the Baltic states was confirmed on July 
14-15, 1940, with the irregular and illegal "election" of new 
parliaments, which then petitioned for admission into the 
Soviet Union, and these petitions were accepted by the Soviet 
Union, as follows: Lithuania's on August 3, 1940, Latvia's on 
August 4,1940, and Estonia's on August 5,1940; 
(9) the Government of the United States continues its policy 
of standing by the 1922 recognition of the de jure independent 
governments in the Baltic states, and of refusing to recognize 
the forced incorporation of the Baltic states into the Soviet 
Union; 
(10) the peoples of Latvia, Estonia, and Lithuania have never 
accepted the occupation of their native lands, and have dem-
onstrated their resolve on numerous occasions since 1940, most 
notably in the last three years. The most striking demonstration 
of the desires of the Baltic people took place on August 23, 1989, 
the 
fiftieth 
anniversary 
of 
the 
Nazi-Soviet 
Treaty 
of 
Nonaggression, when nearly two million citizens of Latvia, 
Estonia, and Lithuania joined hands in a four-hundred-mile 
human chain stretching across the Baltic states from the Esto-
nian capital of Tallinn, through the Latvian capital, Riga, to the 
Lithuanian capital of Vilninus; 
(11) the people of the Baltic states, through their elected 
representatives in the Popular Front of Latvia, the Popular 
Front of Estonia, and the Lithuanian Movement in Support of 
Perestroika "Sajudis", have declared their desire for the res-
toration of independence in the Baltic states; and 
(12) even the Communist officials and regimes in each of the 
Baltic states have begun to respond to the drive for more 
autonomy. 
(b) The Congress urges the President— 
(1) to raise the issue of the political rights of the Baltic peoples 
in all diplomatic contacts with the Soviet Union including 
during the meeting between President Bush and President 
Gorbachev in December, 1989 and during the Presidential 
summit scheduled in 1990 between the United States and the 
Soviet Union; and 
(2) to call upon the Soviet Union— 
(A) to honor the international agreements it has volun-
tarily entered into, such as the Final Act of the Helsinki 
Conference on Security and Cooperation in Europe and the 
United Nations Declaration of Human Rights, as well as 
the bilateral agreements it has voluntarily entered into 
with the independent governments of Latvia, Estonia, and 
Lithuania, 
(B) to allow the people of Latvia, Estonia, and Lithuania 
their right of self-determination, as guaranteed by the 
RSFSR in 1920 as well as by the current constitution of the 
Soviet Union, 
(C) to recognize the human rights of all peoples both 
within the Soviet Union and under Soviet influence, and 
(D) to replace the policy of aggressive industrialization in 
the Baltic states, which has poisoned the land, air, and 
water of Latvia, Estonia, and Lithuania, with one of 
environmental responsibility. 
103 STAT. 1260 
PUBLIC LAW 101-167—NOV. 21, 1989 
IMPORTATION OF CERTAIN DEFENSE ARTICLES FROM POLAND, 
CZECHOSLOVAKIA, AND HUNGARY 
SEC. 599A. Notwithstanding section 38 of the Arms Export Control 
Act (22 U.S.C. 2278) or any other provision of law, any article that— 
(1) is a defense article for purposes of section 38 of the Arms 
Export Control Act, 
(2) is from Poland, Hungary, or Czechoslovakia, 
(3) W£is imported or temporarily imported into the United 
States before June 30, 1989, by, or on behalf of, a museum or 
educational institution that is described in section 501(cX3) of 
the Internal Revenue Code of 1986 and exempt from tax under 
section 501(a) of such Code, 
(4) was manufactured at least 20 years before its importation 
into the United States, 
(5) has been disabled so that no weapon or weapons system is 
\ 
functional, and 
(6) is to be used only for display to the public by the museum 
or educational institution for educational purposes, 
shall be considered to have been lawfully imported into the United 
States and shall be permitted to remain in the United States, and 
the museum or educational institution shall not be subject to any 
penalty by reason of such importation. 
HUMAN RIGHTS IN CUBA 
SEC. 599B. (1) FINDINGS.—The Congress finds that— 
(A) the United Nations in 1989 issued its first report on 
humans rights in Cuba this year, the result of a year-long 
investigation that concluded on the 30th year of Fidel Castro's 
rise to power; 
(B) the report extensively documented 
across-the-board 
human rights abuses that include cases of torture, missing 
people, religious persecution, violations of civil and political 
rights and violations of economic and social rights; 
(C) the United Nations received 137 complaints of "torture, 
cruel, inhuman or degrading treatment or punishment"; 
(D) among the abuses reported to the United Nations were 
sensory deprivation, immersion in a pit latrine, mock execu-
tions, overcrowding in special cells, deafening loudspeakers, 
keeping prisoners naked in front of relatives, and forcing a 
prisoner about to be executed to carry his own coffin or dig his 
own grave; 
(E) the United Nations commissioners also charged the Cuban 
regime with carrying out reprisals against Cuban citizens who 
offered testimony to the United Nations group, a clear violation 
of the Castro's government's promise not to harass those who 
complained about human rights; 
(F) at least 22 Cuban human rights activists who were 
arrested are currently serving prison sentences or being held 
without trial; 
(G) the Human Rights Commission approved a resolution on 
March 9, 1989, calling on the Cuban government to cooperate 
with the Secretary General of the United Nations in settling 
unresolved issues raised by the human rights study group; 
(H) since March 9,1989, the United Nations has failed to take 
any substantive action to follow up on the March 9 resolution. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1261 
The United Nations also has failed to intervene on behalf of 
those who are now imprisoned because of their attempts to 
testify before the United Nations human rights investigative 
group last fall. 
(2) STATEMENT OF POUCY.—In the interest of promoting respect for 
human rights in Cuba, the Congress— 
(A) calls on the Secretary General of the United Nations to 
act upon the resolution approved by the Commission on Human 
Rights March 9, 1989, calling on the Secretary General to take 
appropriate follow up action on the Commission's report; 
(B) calls on the Secretary General to specifically urge the 
Cuban government to release the 22 persons still being held in 
detention because of their human rights activities; 
(C) calls on the United States Ambassador to the United 
Nations to make known in the strongest terms the dissatisfac-
tion of the United States with the failure by the United Nations 
to continue to act on its own resolution; and 
(D) calls on the Secretary of the United Nations to expand the 
United Nation's investigation of Cuba to include an examina-
tion of labor rights in recognition of current Cuban law which 
prohibits the formation of independent unions and which has 
led to the imprisonment of those Cuban workers who have tried 
to organize themselves. 
ASSISTANCE FOR POLAND AND HUNGARY 
SEC. 599C. (a) In addition to amounts appropriated under the 
heading "Trade and Development Program", there is hereby appro-
priated $2,000,000, to remain available until expended, to carry out 
the provisions of section 661 of the Foreign Assistance Act of 1961, 
notwithstanding any other provision of law. 
O
b
) Notwithstanding any other provision of this Act, any funds 
made available by this Act for a specific activity for Poland or 
Hungary instead may be obligated for Poland or Hungary for an 
activity with a similar purpose. The authority of section 515 of this 
Act may also be used to deobligate such funds and reobligate them 
for Polsuid or Hungary for an activity with a similar purpose: 
Provided, That the authority of this subsection shall be exercised 
subject to the regular notification procedures of the Committees on 
Appropriations. 
(c) Funds made available by this Act and obligated for the Govern-
ment of Poland shall not be expended if the President of Poland, or 
any other Polish official, initiates martial law without the consent of 
the Polish Senate and Sejm, or if members of the Polish Senate or 
the Sejm are removed from office or are arrested through extra-
constitutional processes: Provided, 
That, notwithstanding 
the 
restriction on expenditures contained in this subsection, the Presi-
dent of the United States may continue to expend funds made 
available to Poland if he determines and certifies to Congress that it 
is in the foreign policy interest of the United States to do so. 
ESTABUSHING CATEGORIES OF AUENS FOR PURPOSES OF REFUGEE 
DETERMINATIONS 
SEC 599D. (a) IN GENERAL.—In the case of an alien who is within a 
8 USC 1157 note, 
category of aliens established under subsection (b), the alien may 
establish, for purposes of admission as a refugee under section 207 of 
103 STAT. 1262 
PUBLIC LAW 101-167—NOV. 21, 1989 
the Immigration and Nationality Act, that the alien has a well-
founded fear of persecution on account of race, religion, nationality, 
membership in a particular social group, or political opinion by 
asserting such a fear and asserting a credible basis for concern 
about the possibility of such persecution. 
(b) ESTABLISHMENT OF CATEGORIES.— 
(1) For purposes of subsection (a), the Attorney General, in 
consultation with the Secretary of State and the Coordinator for 
Refugee Affairs, shall establish— 
(A) one or more categories of aliens who are or were 
nationals and residents of the Soviet Union and who share 
common characteristics that identify them £is targets of 
persecution in the Soviet Union on account of race, religion, 
nationality, membership in a particular social group, or 
political opinion, £uid 
(B) one or more categories of aliens who are or were 
nationals and residents of Vietnam, Laos, or Cambodia and 
who share common characteristics that identify them as 
targets of persecution in such respective foreign state on 
such an account. 
(2XA) Aliens who are (or were) nationals and residents of the 
Soviet Union and who are Jews or Evangelical Christians shall 
be deemed a category of sdien established under paragraph 
(1)(A). 
(B) Aliens who are (or were) nationsds of the Soviet Union and 
who are current members of, and demonstrate public, active, 
and continuous participation (or attempted participation) in the 
religious activities of, the Ukrainian Catholic Church or the 
Ukrainian Orthodox Church, shall be deemed a category of 
alien established under paragraph (IXA). 
(C) Aliens who are (or were) nationsds and residents of Viet-
nam, Laos, or Cambodia and who are members of categories of 
individuals determined, by the Attorney General in accordance 
with "Immigration and Naturalization Service Worldwide 
Guidelines for Overseas Refugee Processing" (issued by the 
Immigration and Natursilization Service in August 1983) shall 
be deemed a category of alien established under paragraph 
(1)(B). 
(3) Within the number of admissions of refugees allocated for 
^ c a l year 1990 for refugees who are nationals of the Soviet 
Union under section 207(aX3) of the Immigration and National-
ity Act, notwithstanding any other provision of law, the Presi-
dent shall allocate one thousand of such admissions for such 
fiscal year to refugees who are within the category of aliens 
described in paragraph (2XB). 
(c) WRITTEN REASONS FOR DENIALS OF REFUGEE STATUS.—Each 
decision to deny an application for refugee status of an alien who is 
within a category established under this section shall be in writing 
and shall state, to the maximum extent feasible, the reason for the 
denial. 
(d) PERMITTING CERTAIN AUENS WITHIN CATEGORIES TO REAPPLY 
FOR REFUGEE STATUS.—Each alien who is within a category estab-
lished under this section and who (after August 14, 1988, and before 
the date of the enactment of this Act) was denied refugee status 
shall be permitted to reapply for such status. Such an application 
shall be determined taking into account the application of this 
section. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1263 
(e) PERIOD OF A P P U C A T I O N . — 
Effective dates. 
(1) Subsections (a) and (b) shall take effect on the date of the 
enactment of this Act and shall only apply to applications for 
refugee status submitted before October 1,1990. 
(2) Subsection (c) shall apply to decisions made after the date 
of the enactment of this Act and before October 1,1990. 
(3) Subsection (d) shall take effect on the date of the enact-
ment of this Act and shsill only apply to reapplications for 
refugee status submitted before October 1,1990. 
(f) GAO REPORTS ON SOVIET REFUGEE PROCESSING.— 
(1) The Comptroller General shsill submit to the Committees 
on the Judiciary of the Senate and of the House of Representa-
tives reports on the implementation of this section in Italy and 
the Soviet Union. Such reports shall include a review of— 
(A) the timeliness and length of individual interviews, 
(B) the adequacy of staffing and funding by the Depart-
ment of State, the Immigration and Naturalization Service, 
and voluntary agencies, including the adequacy of staffing, 
computerization, and administration of the processing 
center in Washington, 
(C) the sufficiency of the proposed Soviet refugee process-
ing system within the United States, 
(D) backlogs (if any) by ethnic or religious groups and the 
reasons any such backlogs exist, 
(E) the sufficiency of the mesms of distributing and receiv-
ing applications for refugee status in Moscow, 
(F) to the extent possible, a comparison of the cost of 
conducting refugee processing only in Moscow and such cost 
of processing in both Moscow and in Italy, and 
(G) an evaluation of efforts to phase out Soviet refugee 
processing in Italy. 
(2) The Comptroller shall submit a preliminary report under 
paragraph (1) by December 31, 1989, and a final report by 
March 31,1990. The final report shall include any recommenda-
tions which the Comptroller General may have regarding the 
need, if any, to revise or extend the application of this section. 
ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE 
PAROLEES 
SEC. 599E. (a) IN GENERAL.—The Attorney General shall adjust 
8 use 1255 note. 
the status of an alien described in subsection Os) to that of an alien 
lawfully admitted for permanent residence if the alien— 
(1) applies for such adjustment, 
(2) has been physically present in the United States for at 
least 1 year and is physically present in the United States on 
the date the application for such adjustment is filed, 
(3) is admissible to the United States as an immigrant, except 
as provided in subsection (c), and 
(4) pays a fee (determined by the Attorney General) for the 
processing of such application. 
0)) AuENS EuGiBLE F
O
R ADJUSTMENT OF STATUS.—The benefits 
provided in subsection (a) shall only apply to an alien who— 
(1) was a national of the Soviet Union, Vietnam, Laos, or 
Cambodia, and 
103 STAT. 1264 
PUBLIC LAW 101-167—NOV. 21, 1989 
Records. 
(2) was inspected and granted parole into the United States 
during the period beginning on August 15, 1988, and ending on 
September 30,1990, after being denied refugee status. 
(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.—The provi-
sions of paragraphs (14), (15), (20), (21), (25), (28) (other than subpara-
graph (F)), and (32) of section 212(a) of the Immigration and 
Nationality Act shall not apply to adjustment of status under this 
section and the Attorney General may waive any other provision of 
such section (other than paragraph (23XB), (27), (29), or (33)) with 
respect to such an adjustment for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest. 
(d) DATE OF APPROVAL.—Upon the approval of such an application 
for adjustment of status, the Attorney General shall create a record 
of the alien's admission as a lawful permanent resident as of the 
date of the alien's inspection and parole described in subsection 
(bX2). 
(e) No OFFSET IN NUMBER OF VISAS AVAILABLE.—When an alien is 
granted the status of having been lavrfully admitted for permanent 
residence under this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under the Immigration and Nationality Act. 
Ante, p. 
Effective date. 
REPEAL OF PROVISION 
SEC. 599F. (a) The following provision under the heading "Salaries 
and Expenses, General Legal Activities", contained in the Depart-
ments of (Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1990 (H.R. 2991), as enacted into law, 
is hereby repegded: ": Provided further. That for fiscal year 1990 and 
hereafter the Attorney General may establish and collect fees to 
cover the cost of identif3dng, copjdng and distributing copies of tax 
decisions rendered by the Federsd Judiciary and that any such fees 
shall be credited to this appropriation notwithstanding the provi-
sions of 31 U.S.C. 3302". 
(b) The provisions of subsection (a) shall take effect upon the date 
of the enactment into law of the Etepartment of (Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
1990 (H.R. 2991). 
CONDITIONAL ASSISTANCE FOR EL SALVADOR FOR POLICE TRAINING 
SEC. 599G. (a) (DONDITIONAL ASSISTANCE.—In order to promote the 
professional development of the security forces of El Salvador and to 
encourage the separation of the law enforcement forces from the 
armed forces of El Salvador, funds made available under chapter 4 
of part II of the Foreign Assistance Act of 1961 which are allocated 
to El Salvador may, notwithstanding section 660 of that Act, be 
provided to El Salvador for fiscal year 1990 for purposes otherwise 
prohibited by section 660 of the Act, if the following conditions are 
met: 
(1) The training provided with such assistance is provided by 
United States civilian law enforcement personnel. 
(2XA) The assistance is to be used for the purposes of profes-
sional development and training of the security forces of El 
Salvador in such areas as human rights, civil law, investigative 
and civilian law enforcement techniques, and urban law 
enforcement training. 
Ana Casanova. 
PUBLIC LAW 101-167—NOV. 21, 1989 
103 STAT. 1265 
(B) Any such assistance that is made available for equipment 
for these forces is intended to be used for the purchase of 
equipment such as communication devices, transportation 
equipment, forensic equipment, and personal protection gear. 
No such assistance may be used for the purchase of any lethal 
equipment, except for small arms ammunition and rifle 
ammunition solely for training purposes. 
(3) At least thirty days before obligating such assistance, the 
President certifies to the Committee of Foreign Affairs and the 
Committee on Appropriations of the House of Representatives 
and the Committee of Foreign Relations and the Committee on 
Appropriations of the Senate that the Government of El Sal-
vador has made significant progress during the preceding 6 
months in eliminating any human rights violations, including 
torture, incommunicado detention, detention of persons solely 
for their political views, or prolonged detention without trial. 
Any such certification shall include a full description of the 
assistance which is proposed to be provided and of the purposes 
to which it is to be directed. Any such certification shall also Reports, 
include a report on the status of all investigative action and 9!!ifi^™™™°' 
prosecutions with respect to those responsible for the 1980 
murders of Archbishop Oscar Romero and the four American 
churchwomen, the recent murder of Ana Casanova, the recent 
bombings of the headquarters of the FENASTRAS union and 
the office of COMADRES, a human rights organization, and the 
recent murder of six Jesuit priests and their associates. 
(4) REPROGRAMMING.—Funds made available under this 
subsection shall be subject to the regular reprogramming proce-
dures of the Committees on Appropriations. 
0)) DEFINITION.—For purposes of this section, the term "civilian 
law enforcement personnel" means individuals who are not mem-
bers of the United States Armed Forces. 
(c) Not more than $5,000,000 shall be made available in fiscal year 
1990 to carry out the provisions of this section. Not less than 
$7,000,000 of the funds made available to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961 for fiscal 
year 1990 shall be made available for the purposes of subsection 
534fl3X3) of the Foreign Assistance Act of 1961. 
CROPS IN PERU, BOLIVIA AND JAMAICA 
SEC. 599H. Notwithstanding any other provision of law, the Presi-
dent may provide assistance under chapter 1 of part I or chapter 4 of 
part II of the Foreign Assistance Act of 1961 for Peru, Bolivia £ind 
Jamaica to promote the production, processing, or marketing of all 
crops which can be economically grown in areas of those countries 
which currently produce crops from which narcotic and psycho-
tropic drugs are derived. 
LAND 
REFORM 
IN 
EL 
SALVADOR 
SEC. 5991. (a) It is the sense of the Congress that the success and 
continuation of land reform in El Salvador is vital to United States 
policy and to political stability, economic development and mainte-
nance of democratic institutions in that country. 
103 STAT. 1266 
PUBLIC LAW 101-167—NOV. 21, 1989 
/ 
(b) Therefore, when allocating Economic Support Funds to El 
Salvador, the President shall take into consideration progress in the 
Ssdvadoran Land Reform Program. 
TITLE VI—FUNDING ADJUSTMENTS 
REDUC?nON OF APPROPRIATIONS 
SEC. 601. Each appropriation item, direct loan obligation limit, 
loan guarantee commitment limit, or obligation limit provided by 
this Act shall be reduced by 0.43 per centum: Provided, That such 
reduction shall be applied proportionally to each program, project, 
and activity as set forth in section 543 of this Act: Provided further. 
That progrsims and activities exempt from sequestration under 
section 255 of the Deficit Control Act of 1985 shall be exempt from 
the uniform reduction required by this paragraph. 
COUNTER-NARCOTICS PROGRAMS 
SEC. 602. For expenses necessary to enable the President to carry 
out the provisions of the Foreign Assistance Act of 1961 and the 
Arms Export Control Act, $125,000,000, which shall be made avail-
able only for counter-narcotics programs: Provided, That none of the 
funds appropriated under this heading shall be made available 
except as provided through the regular notification procedures of 
the Committees on Appropriations. 
This Act may be cited as the "Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1990". 
Approved November 21, 1989. 
LEGISLATIVE HISTORY—H.R. 3743: 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 20, considered and passed House and Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Nov. 21, Presidential statement.