to obtain a verdict, and (5) pursued all legal avenues to bring to trial those responsible for the deaths of the ten unionists who were killed during the October 31, 1989 bombing of the FENASTRAS headquarters, and to obtain a verdict.

REFUGEE RESETTLEMENT

SEC. 539.124 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 Military 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.

ETHIOPIA-FORCED RESETTLEMENT, VILLAGIZATION

SEC. 540.125 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.

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 541. None of the funds appropriated in this Act shall be obligated or expended for Sudan, Liberia, Lebanon, Zaire, Chile, Yemen, Haiti, Guatemala, or Somalia except as provided through the regular notification procedures of the Committees on Appropriations.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 542.126 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 earmarks, 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 to 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.

124 First enacted as sec. 548 of the Foreign Assistance Appropriations Act, 1986. 125 First enacted as sec. 548 of the Foreign Assistance Appropriations Act, 1987.

126 Similar language was first enacted as sec. 550 of the Foreign Assistance Appropriations Act, 1987.

CHILD SURVIVAL AND AIDS ACTIVITIES

SEC. 543.127 Of the funds made available by this Act for assistance for health, child survival, and AIDS, up to $8,000,000 may be used to reimburse United States Government agencies, agencies of State governments, institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may be, 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 syndrome in developing countries: Provided, That such individuals shall not be included within any personnel ceiling applicable to any United States Government agency during the period of detail or assignment.

CHILE

SEC. 544. (a) Funds appropriated by this Act under the heading "Economic Support Fund" may be used under the authority of section 534(b) (4) and (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 may be provided under this section without regard to the requirements of section 726(b) of the International Security and Development Cooperation Act of 1981.128

(b) Section 726(c) of the International Security and Development Cooperation Act of 1981 is amended by striking out "and technical manuals for aircraft of the F-5E/F or A/T-37 type which were sold to the Chilean Air Force by the United States before January 1, 1976" and inserting in lieu thereof "components, parts, tools, technical manuals, time compliance to technical orders (TCTOs), or TCTO retrofits for aircraft of the F-5E/F, A/T-37, or C-130E/H type owned by the Chilean Air Force".

PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

SEC. 545.129 None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indi

127 Similar language pertaining to Child Survival Fund was first enacted as sec. 551 of the Foreign Assistance Appropriations Act, 1987. Reference to activities relating to control and treatment of Acquired Immune Deficiency Syndrome (AIDS) in developing countries first appeared in sec. 545 of the Foreign Assistance Appropriations Act, 1989.

128 In Public Notice 1333 of September 30, 1990, the Secretary of State certified that "(A) the Government of Chile has made significant progress in complying with internationally recognized principles of human rights; (B) the provision of the assistance, articles and services described in provisions (1)-(4) of sections 726(b) of the Act to Chile is in the national interest of the United States; and (C) the Government of Chile is not aiding or abetting international terrorism and has taken appropriate steps to cooperate to bring to justice by all legal means available in the United States or Chile those indicted by a United States grand jury in connection with the murders of Orlando Letelier and Ronni Moffitt." (56 F.R. 4886; February 6, 1991).

See also 22 CFR Part 126, International Traffic in Arms Regulations, and amendments to same, effective October 29, 1991 (56 F.R. 55630; October 29, 1991).

129 Sec. 118 of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended), stated:

Provided further, That when applying section 512 and section 545 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513)

Continued

rectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic of Vietnam, 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.

RECIPROCAL LEASING

SEC. 546.130 Section 61(a) of the Arms Export Control Act is amended by striking out "1990" and inserting in lieu thereof "1991".

DEFENSE EQUIPMENT DRAWDOWN

SEC. 547. (a) 131 Defense articles, services and 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 recipient country or international organization not more than one hundred 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 506(b) 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.

(b) Drawdowns made pursuant to section 506(a)(2) 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. 548.132 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 before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.

to funds appropriated by this joint resolution, the countries of Angola and Cambodia shall be construed to not be on the list of countries included in these sections".

A similar requirement concerning indirect assistance was first enacted as sec. 560 of the Foreign Assistance Appropriations Act, 1987.

130 This section is not applicable for fiscal year 1992, pursuant to sec. 118 of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended). See instead sec. 545 of H.R. 2621 as passed by the House on June 19, 1991, and enacted by reference in sec. 118 of Public Law 102-145, as amended; page 715.

131 Subsec. (a) was first enacted as sec. 558 of the Foreign Assistance Appropriations Act, 1988.

132 Similar language, excluding the first proviso, was first enacted as sec. 559 of the Foreign Assistance Appropriations Act, 1988. The first proviso was added by the 1991 appropriations.

AUTHORIZATION REQUIREMENT

SEC. 549.133 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.

NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS

SEC. 550.134 The Secretary of State shall transmit to the Appropriations 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 prepayment, debt rescheduling, and debt restructuring proposals and agreements: Provided further, That the Secretary of State and the Secretary of the Treasury should in every feasible instance notify the Appropriations Committees of the Congress and such other Committees as appropriate not less than 15 days prior to any formal multilateral or bilateral negotiation for official debt restructuring, rescheduling, or relief: Provided further, That the Secretary of State or the Secretary of the Treasury, as appropriate, shall report not later than the first of February, 1991 and annually thereafter a consolidated statement of the budgetary implications of all debt-related agreements entered into force during the preceding fiscal year.

MIDDLE EAST REGIONAL COOPERATION AND ISRAELI-ARAB SCHOLARSHIPS

SEC. 551. (a) Middle East regional cooperative programs which have been carried out in accordance with section 202(c) of the International 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) Section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, is amended by striking out "September 30, 1990" and inserting in lieu thereof "July 31, 1991".

MEMBERSHIP DESIGNATION IN ASIAN DEVELOPMENT BANK

SEC. 552.135 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).

133 This section is not applicable for fiscal year 1992, pursuant to sec. 118 of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended).

134 22 U.S.C. 2395a note. Similar language through the first proviso was first enacted as sec. 563 of the Foreign Assistance Appropriations, 1988.

135 First enacted as sec. 566 of the Foreign Assistance Appropriations Act, 1988.

DEPLETED URANIUM

SEC. 553.136 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: Provided, That funds may be made available to facilitate the sale of such shells notwithstanding the limitations of this section if the President determines that to do so is in the national security interest of the United States.

EARMARKS

SEC. 554. 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 Appropriations Act, 1990; 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 Appropriations: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this section shall be made available under the same terms and conditions as originally provided.

OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY
INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 555.137 (a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE DIRECTORS.-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 Administration Act of 1979.

(b) DEFINITION.-For purposes of this section, the term "international financial institution" includes

136 This section is not applicable for fiscal year 1992, pursuant to sec. 118 of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended). See instead sec. 552 of H.R. 2621 as passed by the House on June 19, 1991, and enacted by reference in sec. 118 of Public Law 102-145, as amended; page 716.

Similar language was first enacted as sec. 508 of the Supplemental Appropriations Act, 1987. Reference to Pakistan was added by sec. 567 of the Foreign Assistance Appropriations Act, 1988. 137 First enacted as sec. 575 of the Foreign Assistance Appropriations Act, 1988.