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United States · Bill · HR

H.R. 2939 (101st)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990

openUnited States· United States Congress· EN

Introduced

19 July 1989

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Status

Vetoed by President.

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14 January 2025

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Summary

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 - Title I: Multilateral Economic Assistance - Makes appropriations for FY 1990 for the U.S. contribution to the: (1) International Development Association; (2) Inter-American Development Bank; (3) Asian Development Fund; (4) African Development Bank; (5) International Finance Corporation; (6) African Development Fund; and (7) Enhanced Structural Adjustment Facility of the International Monetary Fund, subject to authorization. Limits the amount of funds appropriated to the International Finance Corporation that may be expended for purchases of stock. Withholds a certain amount of funds appropriated for the International Development Association. Permits such funds to be obligated after January 1, 1990, only if the President certifies to specified congressional committees that: (1) the Association has not provided any new loans to China since June 27, 1989; or (2) if such loans were provided, the U.S. Government believes that such loans will support the process of increasing individual freedoms and improving human rights in China. Limits the amount of the callable capital portion of the U.S. share of stock in the African Development Bank. Makes appropriations for FY 1990 for international organizations and programs. Prohibits such funds from being made available to the United Nations Fund for Science and Technology. Earmarks specified amounts of such funds for: (1) the United States Development Program; (2) the United Nations Children's Fund; (3) the Convention on International Trade in Endangered Species; and (4) the United Nations Environment Program. Makes such funds available for the International Fund for Agricultural Development when agreement has been reached on the third replenishment of the Fund. Provides that such funds may be made available to the International Atomic Energy Agency only if the Secretary of State reports to the Congress that Israel is not being denied its right to participate in the Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1990 for the Agency for International Development (AID). Earmarks specified amounts for: (1) development projects of private entities and cooperatives using surplus dairy products; (2) the Vitamin A Deficiency Program; (3) agricultural activities in Poland managed by the Catholic Church or other nongovernmental organizations; (4) research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries; (5) the World Health Organization's Global Program on AIDS; (6) health and child survival activities; (7) the Caribbean Law Institute; (8) cooperative development projects and research among the United States, Israel, and developing countries; (9) the Central American Rural Electrification Support project; (10) the AID Office of Energy; and (11) biological diversity activities, including the Parks in Peril project. Makes appropriations for FY 1990 for population planning. Prohibits funding for coercive abortion or involuntary sterilization. Earmarks specified amounts of development assistance for Egypt, Jordan, and Pakistan. Earmarks specified amounts of development and economic support assistance for Poland and for private sector development in Hungary. Makes appropriations for FY 1990 for Subsaharan Africa and sector projects supported by the Southern African Development Coordination Conference (SADCC). Prohibits such funds from being made available to Angola or Mozambique. Earmarks specified amounts of development assistance for displaced children and women. Prohibits any development assistance funds from being made available to U.S. private and voluntary organizations (except cooperative development organizations) which obtain less than 20 percent of annual funding for international activities from sources other than the U.S. Government. Makes appropriations for FY 1990 for: (1) the private sector revolving fund (with limits on the amounts for obligations of assistance and loan commitments); (2) American schools and hospitals abroad; (3) international disaster assistance (with earmarked funds for children who have become orphans as the result of such disasters); (4) the Foreign Service Retirement and Disability Fund; (5) operating expenses of AID (with limits on the amount for foreign affairs administrative support); and (6) operating expenses of the AID Office of the Inspector General. Prohibits relocation of the overseas offices of the AID Inspector General to a U.S. location without the approval of the Inspector General. Requires the number of positions authorized for such office in Washington to be at least 240 at the end of FY 1990. Limits the amount of assistance available for housing and credit guaranty programs for FY 1990. Prohibits such loans from being issued or held by the Federal Financing Bank. Makes appropriations for FY 1990 for economic support assistance. Earmarks specified amounts of such assistance for: (1) Israel; (2) Egypt, including an amount for the Commodity Import Program; (3) El Salvador's Special Investigative Unit; (4) the West Bank and Gaza Program; (5) Jordan; (6) Cyprus; (7) tied aid credits; (8) the provision of medical supplies and hospital equipment to Poland, including expenses of training personnel; and (9) Solidarity. Expresses the sense of the Congress that the recommended levels of economic support assistance for Egypt and Israel are based on their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty. Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1990 for certain administration of justice assistance. Prohibits the provision of economic support assistance to Zaire. Requires the President, prior to the obligation of assistance for El Salvador, to report to the Congress on the progress made by the Government of El Salvador in settling expropriation claims of American citizens. Prohibits the reduction of the amount of FY 1990 assistance for any Central American country by a percentage greater than the reduction from amounts allocated for any other Central American country. Requires the President to report to specified congressional committees prior to obligating any economic support assistance. Makes appropriations for FY 1990 for: (1) the U.S. contribution to the International Fund for Ireland; (2) the Multilateral Assistance Initiative for the Philippines; (3) independent agencies and the African Development Foundation; (4) the Inter-American Foundation; (5) the Overseas Private Investment Corporation (OPIC) (with limits on amounts for direct loans and total commitments to guarantee loans); (6) the Peace Corps (prohibits abortion funding); (7) international narcotics control; (8) the U.S. contribution to the International Red Cross and assistance to refugees (with earmarked funds for refugees resettling in Israel, Refugee Entrant Assistance, and the Department of State Office of Refugee Programs); (9) the U.S. Emergency Refugee and Migration Assistance Fund; and (10) antiterrorism assistance. Amends the African Development Foundation Act to require that no more than four members of the Foundation's Board are from any one political party. Repeals a provision of such Act requiring the expiration of the Foundation's authorities on September 30, 1990. Prohibits the provision of migration and refugee assistance to assist in the migration to any Western Hemisphere nation of any person not having a security clearance. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 to revise the required departure period for Amerasians emigrating from Vietnam to the United States. Title III: Military Assistance - Makes appropriations for FY 1990 for: (1) the foreign military assistance program; and (2) international military education and training (prohibits the use of such funds for countries whose annual per capita GNP exceeds $2,349 unless such countries agree to fund transportation and living allowances of their students). Makes appropriations for FY 1990 for the foreign military financing program. Earmarks specified amounts of such funds for: (1) Israel; (2) Egypt; (3) Pakistan; (4) Jordan; and (5) foreign military credit sales. Requires the interest rate on foreign military financing loans to be at least five percent annually. Limits: (1) the principal amount of direct loans; (2) the amount of foreign military financing for El Salvador and Zaire; (3) the amount of nonlethal assistance for Guatemala; (4) the amount of foreign military financing for the procurement of defense articles or services not sold by the U.S. Government for countries other than Israel and Egypt; and (5) foreign military financing for Haiti to non-lethal items to be available only through congressional notification procedures. Allocates foreign military financing for Greece and Turkey at a seven to ten ratio. Requires funds previously obligated for the Philippines to be used only to finance sales under the Arms Export Control Act. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed under this title. Makes certain funds made available for foreign military sales debt reform under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 available only after FY 1990. Directs the Secretary of Defense to issue notes to the Secretary of the Treasury to finance activities when the Guaranty Reserve Fund is insufficient. Makes appropriations for FY 1990 for peacekeeping operations. Limits obligations for purposes of the Special Defense Acquisition Fund. Title IV: Export Assistance - Authorizes the Export-Import Bank of the United States to make expenditures within the limit of funds and borrowing authority available to such corporation, and to make any necessary contracts and commitments. Prohibits the use of Bank funds for nuclear exports to a country other than a nuclear-weapon state. Limits, during FY 1990: (1) gross obligations for the principal amount of direct loans; (2) commitments to guarantee loans; and (3) administrative expenses of the Bank. Makes appropriations for FY 1990 for: (1) tied aid grants (subject to limitations); and (2) interest subsidy payments (prohibits such payments from being used in conjunction with any loan guaranteed by the Bank). Makes such funds subject to congressional notification procedures. Provides that the direct loan, tied aid grant, and interest subsidy authorities shall remain available until September 30, 1991. Makes appropriations for FY 1990 for the Trade and Development Program. Prohibits any Act, other than Acts appropriating funds for foreign operations, export financing, and related programs, from making funds available for the Program. Limits the amount of funds available for FY 1990 for the Trade Credit Insurance Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards and criteria for such projects proposed for construction in the United States. Limits the percentage of appropriations, with specified exceptions, that may be obligated or reserved during the last month of availability. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations. Limits the amount of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: (1) assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, Iran, or Syria; or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits obligating funds made available under this Act under an appropriation account to which they were not appropriated. Continues the availability of certain AID funds, provided the Appropriations Committees are notified. Prohibits appropriations contained in this Act from remaining available after the expiration of the current fiscal year, except as otherwise provided. Prohibits the use of funds made available under this Act: (1) for publicity or propaganda purposes within the United States; (2) to assist a country in default for more than a year on a U.S. loan under a program for which funds are appropriated under this Act; (3) to be made available to any international financial institution whose U.S. representative cannot obtain the amounts and names of borrowers for all loans of such institutions; or (4) to be made available for any such institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies to the Appropriations Committees that such document's confidentiality is essential to the institution's operation. Prohibits the use of funds made available under this Act for direct assistance, the Export-Import Bank, and OPIC to finance any loan or other assistance to establish or expand production of any commodity for export by a foreign country if such commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity. Exempts the Export-Import Bank from such prohibition if the Bank determines that the benefits to industry and employment in the United States are likely to outweigh the injury to such producers. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose assistance for the production of any commodity for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar or competing commodity. Sets forth congressional notification procedures for the obligation of specified funds made available under this Act. Limits expenditures for consulting services through procurement contracts. Prohibits using funds appropriated under this Act to lobby for abortion. Prohibits any of the international organizations and programs funds from being available for the U.S. proportionate share of any programs for the PLO, the Southwest Africa People's Organization, Libya, Iran or, at the discretion of the President, Communist countries to which foreign assistance is prohibited. Directs the Secretary to report annually to the Congress on the voting practices of governments represented at the United Nations and the responsiveness of such governments to U.S. policy. Repeals provisions of specified Acts concerning such voting practices. Authorizes Israel to use any loan made available under the Arms Export Control Act for which repayment is or was forgiven before using any other loan made available under such Act. Prohibits U.S. employees from recognizing or negotiating with the PLO so long as the PLO 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. Declares that it is U.S. policy that economic support assistance for Israel shall not be less than the annual debt repayment from Israel to the United States. Prohibits obligating or spending any economic support funds or foreign military sales credit funds for Lebanon except as provided through a specified notification process. Requires congressional notification prior to the use of military aircraft in Central America. Directs the Secretary to notify specified congressional committees whenever helicopters or military aircraft are provided to Central American countries by any foreign country. Expresses the policy of the United States that sustainable economic growth must be predicated on sustainable use of natural resources. Directs the Secretary of the Treasury to: (1) instruct U.S. executive directors of multilateral development banks to promote such a policy; and (2) report to the Congress on the progress made by such banks in implementing such policy. Requires the Secretary to request such banks to prepare analyses of the impact that current forestry sector loans will have on borrowing country emissions of carbon dioxide and the status of proposals of forestry sector activities to reduce such emissions. Directs AID to: (1) issue guidance to all AID bureaus detailing the elements of a Global Warming Initiative to emphasize the need to reduce emissions of greenhouse gases and to accelerate sustainable development strategies; (2) increase the number and expertise of personnel devoted to energy and environmental activities; (3) accelerate the activities of the Multi-Agency Working Group on Power Sector Innovation to enable completion of case studies of at least ten countries in FY 1990; and (4) devote at least ten percent of resources allocated for forestry activities to the preservation and restoration of natural forests. Makes funds available to reimburse personnel of AID's environmental sector. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance, and the need for informed voluntary family planning. Earmarks specified amounts of development and economic support assistance appropriated by this Act for the Afghan people and the United Nations Afghanistan Emergency Fund. Prohibits making any of the funds appropriated by this Act available to a private voluntary organization which fails to provide the records necessary for an AID audit or which is not registered with AID. Withholds a specified amount of military aid and financing from El Salvador until the President reports to the Appropriations Committees that El Salvador has: (1) substantially concluded all investigations with respect to those responsible for the January 1981 murders of specified U.S. and Salvadoran land reformers; and (2) pursued all legal avenues to bring to trial and obtain a verdict of those responsible for such murders and the murders of ten peasants near San Francisco, El Salvador. Expresses the sense of the Congress that all countries receiving U.S. foreign aid should cooperate in facilitating lasting solutions to refugee situations. Calls upon the President to direct AID to work in a global effort to provide enhanced support toward achieving the goal of universal access to childhood immunization by 1990. Prohibits making any of the funds appropriated by this Act available for: (1) costs of Ethiopia's forced resettlement or villagization programs; or (2) Sudan, Liberia, Lebanon, Zaire, or Somalia, except through regular congressional notification procedures. Earmarks certain appropriated funds for child survival activities and activities relating to research on, and the treatment and control of, AIDS in developing countries. Directs the Secretary of the Treasury to instruct the U.S. executive director of the Inter-American Development Bank to develop a coordinated economic development plan for the assistance activities of the Bank. Expresses the sense of the Congress that the United States should oppose all loans to Chile from international financial institutions, except those for basic human needs, until the Government of Chile: (1) ends its practice and pattern of gross abuse of internationally recognized human rights; and (2) takes steps to restore democracy. Prohibits making certain assistance available to Chile, except for assistance supporting efforts to establish the importance of an independent judiciary. Prohibits making any of the funds appropriated under any Act available for any testing, study, variety improvement, or certain other activities related to 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. Prohibits the use of funds appropriated to AID, other than funds to carry out the Caribbean Basin Initiative, to procure studies or assist in establishing facilities for the manufacture of articles that compete with U.S. exports. Prohibits making any of the funds appropriated under this Act available to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, Iran, or Syria unless the President certifies that the withholding of these funds is contrary to the national interest of the United States. Requires the President, in determining whether to furnish economic support assistance and foreign military financing to Liberia for FY 1990, to take into account whether Liberia has demonstrated its commitment to economic reform and to increased respect for human rights. Amends the Arms Export Control Act to extend waiver authority with respect to reciprocal leasing agreements through FY 1990. Requires delivery of defense equipment (permitted under special authority during unforeseen emergencies) within 120 days of congressional notification. Sets forth additional notification requirements with respect to the transfer of excess defense equipment to NATO. Requires the President to submit reports to the Congress detailing the extent to which certain objectives regarding the El Salvador peace process have been met. Requires the Secretary of State to transmit copies of all debt relief agreements to appropriate congressional committees. Continues the funding of Middle East regional cooperative programs. Earmarks a specified amount of economic support assistance for scholarships to enable Israeli Arabs to attend U.S. institutions of higher education. Conditions the provision of such assistance on private sector contributions to the endowment for such scholarships. Expresses the sense of the Congress that: (1) the U.S. Government should use its influence in the Asian Development Bank to secure reconsideration of the decision to designate Taiwan as "Taipei, China"; and (2) the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan. Prohibits the use of funds provided under any Act for the sale of M-833 or comparable antitank shells containing a depleted uranium penetrating component to any country except a NATO member country, major non-NATO ally, or Pakistan. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base access agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Requires the President, before funds for such countries are reprogrammed, to provide a written policy justification to the Appropriations Committees. Subjects such reprogramming to the regular notification procedures of such committees. Suspends FY 1990 assistance to Haiti unless: (1) the Haitian Government restores the 1987 Constitution, appoints an independent electoral commission, and takes steps to provide electoral security; or (2) the President determines that such assistance is in the U.S. national interest. Prohibits making any funds available for assistance to Panama unless the President certifies to the Congress that: (1) the Government of Panama has demonstrated that progress has been made in assuring civilian control of the Panama Defense Force; (2) an impartial investigation is being conducted of allegations of illegal actions by members of the Panama Defense Force; (3) agreement has been reached on conditions for free and fair elections in Panama; and (4) constitutional guarantees are being restored to the Panamanian people. Expresses the sense of the Congress that if such conditions are met, increased levels of assistance should be considered for Panama. Requires the Secretary of the Treasury to direct U.S. executive directors of multilateral development banks to vote against any loan to Panama unless the President makes such certification. Prohibits the import of sugars, syrups, or molasses from Panama during any period in which a quota is imposed, unless the President certifies that constitutional guarantees have been restored to the Panamanian people. Provides for the reallocation of quota amounts. Provides for U.S. opposition to assistance to terrorist countries by international financial institutions. Prohibits bilateral assistance to such countries. Expresses the sense of the Congress that the practice of detaining children without charge or trial is inhumane and must be ended. Prohibits making any of the funds appropriated under this Act available for military assistance to Mozambique. Releases a certain amount of economic support assistance to Honduras in consideration of the Honduran Government's good faith effort to settle the Ramirez case. Provides that if a settlement of such case is reached, an additional amount of funds should be released for Honduras. Earmarks specified amounts of economic support assistance for: (1) scholarships to disadvantaged South Africans; and (2) Bolivia, Ecuador, Jamaica, and Peru. Earmarks specified amounts of foreign military financing for: (1) Bolivia, Ecuador, Jamaica, and Colombia; (2) narcotics control efforts in Bolivia, Peru, Colombia, and Ecuador; (3) the testing and use of herbicides for the aerial eradication of coca; and (4) arming aircraft used in narcotics control. Prohibits the provision of assistance to countries which fail to take steps to prevent illicit drugs from being sold to U.S. Government personnel or from entering the United States illegally. Sets forth reprogramming procedures for funds for countries which have not taken adequate steps to halt illicit drug production or trafficking. Earmarks specified amounts of assistance made available to AID for narcotics education and awareness programs and narcotics related economic assistance activities. Directs the Secretary of State to urge the United Nations Fund for Drug Abuse Control to develop a more comprehensive program for enlisting support for coca control programs and related development activities in South America. Requires that any agreement for the sale or provision of any article on the U.S. Munitions List shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. Directs the President to report to the Congress when such equipment is used for such purposes. Permits the commercial leasing of defense articles (other than major defense equipment) by Israel, Egypt, NATO countries, and major non-NATO allies if the President determines 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. Provides that if the President makes available a specified amount of funds appropriated by this Act for the Cambodian non-Communist resistance forces, such funds shall be derived from foreign military financing and economic support assistance funds. Provides that all AID contracts and solicitations shall require U.S. marine insurance companies to have a fair opportunity to bid for marine insurance. Requires the necessary amounts for FY 1990 pay raises for programs funded by this Act to be absorbed within the levels appropriated by this Act. Expresses the sense of the Congress that funds made available for the International Fund for Ireland should be allocated to programs which emphasize jobs creation in areas having the highest rates of unemployment. Prohibits the use of certain assistance provided under this Act for assistance to Afghanistan if such assistance would be provided through the Soviet-controlled government of Afghanistan. Requires at least ten percent of FY 1990 development assistance and assistance for famine recovery and development in Africa (unless the AID Administrator determines otherwise) to be made available only for U.S. organizations and individuals that are: (1) business concerns or private voluntary organizations owned and controlled by socially and economically disadvantaged individuals; (2) historically black colleges or universities; and (3) colleges and universities in which more than 40 percent of the students are Hispanic American. Directs the Administrator to: (1) utilize the authority of the Small Business Act; (2) enter into contracts with small business concerns owned by socially and economically disadvantaged individuals using less than full and open competitive procedures; and (3) issue regulations requiring contracts in excess of $500,000 to provide that at least 10 percent of the contract shall be subcontracted to such organizations and individuals. Requires AID personnel with contracting authority to notify the AID Office of Small and Disadvantaged Business Utilization before advertising contracts in excess of $100,000. Directs the Administrator to report annually to the Congress on the implementation of such program. Prohibits the use of funds appropriated under this Act for: (1) furthering any military or foreign policy activity which is contrary to U.S. law; and (2) soliciting the provision of funds to further such objectives. Authorizes nongovernmental organizations which receive AID economic assistance to invest any local currencies which accrue to such organizations as a result of such assistance. Earmarks a specified amount of development and economic support assistance for Lebanon. Prohibits the Foreign Service Grievance Board from suspending a disciplinary action or involuntary separation of a Foreign Service member if there is reason to believe such member has committed a job-related crime for which a prison sentence may be imposed and has been suspended without pay. Prohibits the location of U.S. stockpiles in any foreign country other than South Korea, Thailand, a NATO member country, or a country which is a major non-NATO ally. Expresses the sense of the Congress that the President and the Secretary of State should convey to China and the United Kingdom strong concerns over the absence of full direct elections in Hong Kong and lack of independent human rights guarantees in the draft Basic Law, pending the colony's scheduled reversion to China in 1997. Rescinds a specified amount of economic support assistance derived from unearmarked funds and funds for Subsaharan Africa, Sudan, Somalia, and Liberia under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989.

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