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PUBLIC LAW 99-83—AUG. 8, 1985 (1) For fiscal year 1986, an elected civilian government is in power in Guatemala and has submitted a formal written request to the United States for the assistance, sales, or financing to be provided. (2) For both fiscal years 1986 and 1987, the Government of Guatemala made demonstrated progress during the preceding year— (A) in achieving control over its military and security forces, (B) toward eliminating kidnapings and disappearances, forced recruitment into the civil defense patrols, and other abuses by such forces of internationaly recognized human rights, and (C) in respecting the internationaly recognized human rights of its indigenous Indian population. (b) CONSTRUCTION EQUIPMENT AND MOBILE MEDICAL FACILITIES

Ante, p. 193.

AND RELATED TRAINING.—If the conditions specified in subsection (a) are met, Guatemala may be provided with the following for fiscal years 1986 and 1987 (in addition to such other assistance, sales, or financing as may be provided for Guatemala): (1) Sales of construction equipment and mobile medical facilities to assist in development programs that will directly assist the poor in Guatemala. (2) Sales of training, to be provided outside of Guatemala, which is related to the sales described in paragraph (1). (3) A total for both fiscal years 1986 and 1987 of no more than $10,000,000 in credits under the Arms Export Control Act for sales described in paragraphs (1) and (2). Such sales and credits shall be provided only to enable the military forces of Guatemala to obtain equipment and training for civilian engineering and construction projects and mobile medical teams, which would not be used in the rural resettlement program. (c) PROHIBITION ON FURNISHING WEAPONS.—Funds authorized to be appropriated by title I of this Act may not be used for the procurement by Guatemala of any weapons or ammunition. (d) SUSPENSION OF ASSISTANCE IF A MILITARY COUP OCCURS.—All

assistance authorized by this Act which is allocated for Guatemala shall be suspended if the elected civilian government of that country is deposed by military coup or decree. (e) RURAL RESETTLEMENT PROGRAM.—Assistance provided

22 USC 2151, 2346.

Human rights.

International agreements.

for

Guatemala for the fiscal year 1986 and fiscal year 1987 under chapter 1 of part I (relating to development assistance) or under chapter 4 of part II (relating to the economic support fund) of the Foreign Assistance Act of 1961— (1) may not be provided to the Government of Guatemala for use in its rural resettlement program; and (2) shall be provided through private and voluntary organizations to the maximum extent possible. (f) INVITATION FOR I C R C TO VISIT GUATEMALA.—The Congress

calls upon the President to urge the Government of Guatemala to allow the International Committee of the Red Cross— (1) to conduct an unimpeded visit to Guatemala in order to investigate humanitarian needs in that country and to report on human rights abuses in that country; and (2) to investigate the possibilities of its providing humanitarian services in that country. (g) RELATIONS BETWEEN BELIZE AND GUATEMALA.—It is the sense of the Congress that the United States should use its good offices

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and influence to encourage the Government of Guatemala to recognize the independence of Belize and to enter into a mutual nonaggression treaty with Belize. (h) HUMAN RIGHTS GROUPS IN GUATEMALA.—(1) The Congress

finds that— (A) the Group for Mutual Support was formed in 1984 to protest the disappearances of Guatemalan civilians; (B) the Group for Mutual Support has carried out its work in a peaceful, non-ideological manner, and is the only indigenous human rights group operating in Guatemala; and (C) two of the Group's six steering committee members. Hector Gomez and Maria Rosario Godyo de Cuevas, were recently killed. (2) It is the sense of the Congress that— (A) human rights groups in Guatemala, particularly the Group for Mutual Support, should be allowed to carry out their work against human rights abuses with the full cooperation, protection, and support of the Government of Guatemala; and (B) whether the Government of Guatemala allows human rights groups, including the Group for Mutual Support, to carry out their work should be taken into account by the United States in determining whether there is human rights progress in Guatemala.

Hector Gomez. Maria Rosario Godyo de Cuevas.

SEC. 704. REFUGEES IN HONDURAS.

Funds authorized to be appropriated by this Act and funds authorized to be appropriated for the "Migration and Refugee Assistance" account for fiscal years 1986 and 1987— (1) which are to be used for refugee assistance or other assistance for Nicaraguan Indian refugees in Honduras shall be channeled, to the maximum extent possible, through the United Nations High Commissioner for Refugees, the International Committee of the Red Cross, the Intergovernmental Committee for Migration, or other established and recognized international refugee relief organizations; and (2) may not be used to facilitate the involuntary repatriation of Salvadoran refugees who are in Honduras.

International organizations.

SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR ORDERLY EMIGRATION FROM HAITI.

(a) USE OF PVOS.—To the maximum extent practicable, assistance for Haiti under chapter 1 of part I (relating to development assistance) and under chapter 4 of part II (relating to the economic support fund) of the Foreign Assistance Act of 1961 should be 22 USC 2151, 2346. provided through private and voluntary organizations. (b) CONDITIONS ON ASSISTANCE.—Funds available for fiscal year 1986 and for fiscal year 1987 to carry out chapter 1 of part I (relating to development assistance), chapter 4 of part II (relating to the economic support fund), or chapter 5 of part II (relating to international military education and training) of the Foreign Assistance Act of 1961 may be obligated for Haiti only if the President deter- 22 USC 2347. mines that the Government of Haiti— (1) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States development, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and

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Human rights.

(3) is making progress toward improving the human rights situation in Haiti and progress toward implementing political reforms which are essential to the development of democracy in Haiti, such as progress toward the establishment of political parties, free elections, free labor unions, and freedom of the press. President of U.S. (c) REPORTS TO THE CONGRESS.—Not later than One year after the date of the enactment of this Act and one year thereafter, the President shall report to the Congress on the extent to which the actions of the Government of Haiti are consistent with each paragraph of subsection (b).

Refugees.

Post, p. 243.

(d) ASSISTANCE IN HALTING ILLEGAL EMIGRATION F R O M H A I T L —

Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961 (relating to police training), funds made available under such Act may be used for programs with Haiti, which shall be consistent with prevailing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. (e) LIMITATION ON MAP AND F M S FINANCING.—Assistance may

22 USC 2311. 22 USC 2751 note.

22 USC 2151.

not be provided for Haiti for fiscal year 1986 or fiscal year 1987 under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to grant military assistance) or under the Arms Export Control Act (relating to foreign military sales financing), except for necessary transportation, maintenance, communications, and related articles and services to enable the continuation of migrant and narcotics interdiction operations. (f) LITERACY AND OTHER EDUCATION PROGRAMS.—Of the amounts authorized to be appropriated to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance) which are allocated for Haiti, $1,000,000 for fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be available only for literacy and other education programs in Haiti. SEC. 706. MILITARY ASSISTANCE FOR PARAGUAY.

For the fiscal years 1986 and 1987, none of the funds authorized to be appropriated to carry out chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to grant military assistance) or to carry out the Arms Export Control Act (relating to foreign military sales financing) may be used for assistance for Paraguay unless the President certifies to the Congress that the Government of Paraguay has ended the practice of torture and abuse of individuals held in detention by its military and security forces and has instituted procedures to ensure that those arrested are promptly charged and brought to trial. SEC. 707. ASSISTANCE FOR PERU. (a) HUMAN RIGHTS TRAINING IN I M E T PROGRAMS.—Respect for

22 USC 2347.

internationaly recognized human rights shall be an important component of the training provided for Peru under chapter 5 of part II of the Foreign Assistance Act of 1961 for fiscal year 1986 and for fiscal year 1987.

22 USC 2346.

amount authorized to be appropriated by this Act to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), $1,000,000 for fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be used to strengthen the

(b) STRENGTHENING THE PERUVIAN JUDICIAL SYSTEM.—Of

the

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99 STAT. 243 Post, p. 244.

SEC. 708. INTER-AMERICAN FOUNDATION.

The first sentence of section 401(s)(2) of the Foreign Assistance Act of 1969 is amended to read as follows: "There are authorized to be appropriated $11,969,000 for fiscal year 1986 and $11,969,000 for fiscal year 1987 to carry out the purposes of this section.".

Appropriation authorization. 22 USC 290f.

SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE CARIBBEAN. (a) REQUIREMENT FOR COMPREHENSIVE ACCOUNTING OF ASSIST-

ANCE.—In the annual reports required by section 634 of the Foreign President of U.S. Assistance Act of 1961, the President shall provide to the Congress a 22 USC 2394. full, complete, and detailed accounting of all assistance provided during the fiscal years 1986 and 1987 for Latin America and the Caribbean under the Foreign Assistance Act of 1961 and the Arms 22 USC 2151 note. Export Control Act. (b) INFORMATION TO B E INCLUDED.—The report provided pursuant

22 USC 2751 note.

to subsection (a) shall include for each fiscal year, among other things, the following with respect to each authorization account: (1) The specific projects and other activities carried out in each country. (2) The number of persons from each country who were provided with training, and the types of training provided. (3) The defense articles and defense services provided for each country. (4) The types of goods and commodities provided to each country for economic stabilization purposes under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the 22 USC 2346. economic support fund), and a copy of each agreement for the furnishing of any assistance under that chapter. (5) The amounts of local currency generated by United States assistance to each country, the uses of those currencies, and the total amount of those currency still available for use as of the time of the report. (6) A report on any transfers or reprogrammings of funds, and a description of how transferred or reprogrammed funds modified the amounts requested for each account. (7) A report on the funds which have been obligated but remain unexpended for each country in each account. (8) An analysis of the amount of funds and programs provided through nongovernmental as contrasted to governmental channels. SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

To the maximum extent practicable, assistance under chapter 1 of part I (relating to development assistance) and chapter 4 of part II 22 USC 2151. (relating to the economic support fund) of the Foreign Assistance Act of 1961 for countries in Latin America and the Caribbean should be provided through private and voluntary organizations which have a proven record of development assistance efforts overseeis. SEC. 711. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES.

Section 660 of the Foreign Assistance Act of 1961 is amended by 22 USC 2420. adding at the end thereof the following new subsections:

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Human rights.

Post, p. 278.

22 USC 2346c.

Ante, p. 243.

PUBLIC LAW 99-83—AUG. 8, 1985 "(c) Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationaly recognized human rights. "(d) Notwithstanding the prohibition contained in subsection (a) assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act, that he has determined that the government of the recipient country has made significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the nonviolent expression of their political views, or prolonged detention without trial. Any such notification 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.". SEC. 712. ADMINISTRATION OF JUSTICE. Chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), as amended by title II of this Act, is further amended by adding at the end thereof the following new section: "SEC. 534. ADMINISTRATION OF JUSTICE.—(a) The President may furnish assistance under this chapter to countries and organizations, including national and regional institutions, in order to strengthen the administration of justice in countries in Latin America and the Caribbean. "(b) Assistance under this section may only include— "(1) support for specialized professional training, scholarships, and exchanges for continuing legal education; "(2) programs to enhance prosecutorial and judicial capabilities and protection for participants in judicial cases; "(3) notwithstanding section 660 of this Act, programs to enhance investigative capabilities, conducted under judicial or prosecutorial control; "(4) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, enforcement of ethical standards, and legal reform; "(5) increasing the availability of legal materials and publications; "(6) seminars, conferences, and training and educational programs to improve the administration of justice and to strengthen respect for the rule of law and internationaly recognized human rights; and "(7) revision and modernization of legal codes and procedures. "(c) Not more than $20,000,000 of the funds made available to carry out this chapter for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes. "(d) Funds may not be obligated for assistance under this section unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified of the amount and nature of the proposed assistance at least

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15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to section 634A of this Act. "(e) The authority of this section shall expire on September 30, 1987.".

Post, p. 278. Expiration date.

SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.

(a) FINDINGS.—The Congress declares that— Business and (1) employee stock ownership plans in industrial, farming, industry. banking, and other enterprises in Central America and the Caribbean can be an important component in achieving United States goals in Central America and the Caribbean; and (2) employee stock ownership plans should be used as an instrument in financing growth and transfers of equity in the region, in reorganizing state-owned enterprises into viable employee-owned businesses, in expanding political and economic pluralism, and in strengthening democratic institutions in the region. (b) PLAN FOR EXPANDED U S E OF E S O P S. — The President is urged to develop a plan for the expanded use of employee stock ownership plans in development efforts of the United States in Central America and the Caribbean, with an emphasis on policy and infrastructural changes needed to encourage voluntary employee stock ownership initiatives by multinational corporations and other private sector enterprises which have investments, are considering making new investments, or are interested in management contracts and joint ventures in the region. (c) TASK FORCE.—To assist in this effort, there is established a Presidential Presidential Task Force on Project Economic Justice (hereafter in Task Force on Project this section referred to as the "Task Force"), which shall consist of Economic individuals appointed by the President who are distinguished lead- Justice, ers of the private sector of the United States, including significant establishment. representation of union representatives of workers in successful companies with employee stock ownership plans and of nationally recognized experts in all phases of design, implementation, and operation of employee stock ownership plans. The President shall designate one of the members of the Task Force to serve as Chairman. The Chairman of the Task Force shall appoint a volunteer fund-raising committee, and all the expenses of the Task Force shall be paid without the use of public funds. (d) REPORT.—Not later than December 31, 1985, the Task Force shall prepare and transmit to the President and the Congress a report on the expanded use of employee stock ownership plans in the development efforts of the United States in Central America and the Caribbean, including specific recommendations on strategies for using employee stock ownership plans as a means of accelerating the rate of private sector capital formation in Central America and the Caribbean that is systematically linked to expanding ownership and profit-sharing opportunities for all employees. SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.

(a) FINDINGS.—The Congress finds that— (1) many of the social, agricultural, educational, and economic problems which confront nations in the Caribbean Region result primarily from social and economic injustice and inadequate economic and agricultural development;

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PUBLIC LAW 99-83—AUG. 8, 1985 (2) such problems are not addressed sufficiently by current United States policies toward that region; (3) the development of the Caribbean Region is of vital importance to the economic and strategic interests of the United States and its allies; and (4) for purposes of defining development plans, providing an international forum for Caribbean Region development issues, and providing expert advice to donor-aid countries, an international commission is needed as the prime institution for promoting economic cooperation and development in the Caribbean Region.

International Advisory Committee for the Caribbean Region, establishment.

(b) INVITATIONS TO PARTICIPATE IN COMMISSION.— (1) INVITATION TO CARIBBEAN COUNTRIES.—The President may

invite the countries which comprise the Caribbean Region to participate with the United States in a commission to be known as the International Advisory Commission for the Caribbean Region (hereafter in this section referred to as the "Commission"). (2) INVITATION TO CERTAIN OTHER COUNTRIES.—The President

may also invite the Netherlands, the United Kingdom, France, Canada, the Commonwealth of Puerto Rico, and the Virgin Islands to participate in the Commission. (c) FUNCTIONS OF COMMISSION.—It is the sense of the Congress that the Commission should— (1) examine social, agricultural, educational, and economic issues which affect the Caribbean Region; and (2) consult with leaders of the countries in the Caribbean Region and with representatives from public and private organizations involved in matters related to the Caribbean Region in order to evaluate the problems and needs of such countries. (d) FUNDING FOR ORGANIZATIONAL MEETING OF COMMISSION.—Of

22 USC 2151d.

the funds authorized to be appropriated to carry out section 106 of the Foreign Assistance Act of 1961 (relating to development assistance for energy, private and voluntary organizations, and selected development activities), up to a total of $100,000 for fiscal years 1986 and 1987 may be made available to— (1) pay reasonable administrative expenses associated with the organizational meeting of the Commission; and (2) pay reasonable travel and lodging expenses incurred by commissioners from other participant governments incident to their attendance at the organizational meeting of the Commission. (e) REQUEST TO CONGRESS RELATING TO UNITED STATES PARTICIPATION IN THE COMMISSION.—The President should provide cost esti-

mates and request authorization from the Congress in order to provide for the participation of the United States in the Commission (other than United States participation associated with the organizational meeting). O APPOINTMENT OF UNITED STATES REPRESENTATIVE AND OBSERVD

ERS.—Upon the creation of the Commission— (1) the President should consider appointing one individual as the United States representative to the Commission; (2) the Speaker of the House of Representatives should consider appointing two Members t)f the House, one from each major political party, as observers at the Commission; and

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(3) the majority leader of the Senate should consider appointing two Members of the Senate, one-from each major political party, as observers at the Commission. SEC. 715. EXEMPTION OF CERTAIN SAFETY-RELATED EQUIPMENT FROM PROHIBITION ON MILITARY SALES TO CHILE.

Section 726 of the International Security and Development Cooperation Act of 1981 is amended by adding at the end thereof the 22 USC 2370 following new subsection: note. "(c) The prohibition contained in subsection (b) does not prohibit Exports, the sale, or the licensing for export, of cartridge actuated devices, propellant actuated devices, and technical manuals for aircraft of the F-5E/For A/T-37 type which were sold to the Chilean Air Force by the United States before January 1, 1976, so long as the items are provided only for purposes of enhancing the safety of the aircraft crew.". SEC. 716. RURAL ELECTRIFICATION.

It is the sense of the Congress that funds appropriated for the fiscal years 1986 and 1987 under section 103(a)(2) of the Foreign Assistance Act of 1961 (relating to development assistance for agri- Ante, p. 214. culture, rural development, and nutrition) should be used for a comprehensive rural electrification program in Central America in order to establish conditions of stability and a foundation for economic development. SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.

(a) FINDING.—Recognizing that increased levels of balanced international trade are an essential component in an economic development program for the region and that the United States has traditionally been the most important trading partner for each of the nations of Latin America, it is the sense of the Congress that current procedures and laws of the Government of Mexico, and practices of its officials, constitute a significant impediment to the transit of vehicles carrying the commodities of international trade through Mexican territory. (b) NEGOTIATIONS AND COOPERATIVE STEPS CONCERNING TRANSIT.—

As the Government of Mexico has played a valuable role in assisting and encouraging the economic and political development of the region, and in offering advice to the United States as to constructive policies this nation might pursue with respect to peace and prosperity in the area, the Secretary of State, acting independently or with representatives of other Latin America nations, shall initiate negotiations with the Government of Mexico aimed at eliminating or reducing those impediments to international trade. The agenda for such negotiations should include discussions to encourage the Government of Mexico to accede to existing international custom conventions on international in-transit shipments. Such actions are to be taken in concert with the institution by the United States, and the nations of the region where the transiting shipments originate, of appropriate and cooperative steps to make sealed-truck, noinspection transit administratively acceptable to the Government of Mexico and other transited countries. Similar bilateral or multilateral negotiations by the Secretary of State with nations respecting the same international customs conventions is also encouraged. (c) REPORT.—The Secretary of State shall report the status of these negotiations to Congress by January 1, 1986.

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PUBLIC LAW 99-83—AUG. 8, 1985 SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA. (a) CONDEMNATION OF CERTAIN ACTION BY THE GOVERNMENT OF

CUBA.—The Congress condemns— (1) the consistent pattern of gross violations of internationaly recognized human rights by the Cuban Government, including— (A) cruel, inhumane, and degrading treatment and punishment of prisoners; (B) the suppression of free speech, press, and assembly; and (C) restrictions on religious activity and the freedom to emigrate; and (2) the provision by the Cuban government of material aid and personnel support for the purposes of subversion. (b) CALL UPON THE GOVERNMENT OF CUBA.—The Congress calls upon the Government of Cuba to restore civil liberties and cease in the violation of human rights of the Cuban people and cease the subversion of other governments through material and personnel support. SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.

(a) FINDINGS.—The Congress finds that— (1) the foreign debt of Latin American countries has soared from $27,000,000,000 in 1970 to over $350,000,000,000 in 1983; (2) the foreign debt of Latin American countries is a serious obstacle to their economic progress, threatens their stability, and endangers the democratic processes in those nations; (3) the economic and political futures of many of the Latin American countries hang in the balance and depend upon a successful resolution of the foreign debt crisis; and (4) the confidence of the American people in the United States system of banking is also involved in a successful resolution of the foreign debt crisis. O> REPORT.—Not later than January 1, 1986, the Secretary of t) State shall prepare and transmit to the Congress a report on— (1) the magnitude of the foreign debt crisis in the Western Hemisphere; (2) the impact of the foreign debt crisis on the economies of the countries of Latin America; (3) the degree to which the national security interests of the United States are implicated in this crisis; (4) the steps being taken and the policy being pursued by the United States aimed at dealing with this crisis; (5) the degree to which the foreign debt crisis affects the system of banking in the United States; and (6) the steps being taken and the policy being pursued by the United States Government aimed at dealing with this crisis. SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.

22 USC 2346.

Of the amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), $15,000,000 for fiscal year 1986 and $15,000,000 for fiscal year 1987 shall be available only for Uruguay.

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SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.

(a) CATTLE AND HOGS.—(1) The Congress finds that— (A) livestock prices have been in decline for some time due to excessive supply partially caused by dramatic increases in importation of live cattle and hogs from Canada, which has increased by 1,000 percent in the last decade in the case of hogs alone; (B) American livestock producers are suffering from the same general economic crisis affecting all of agriculture, and many will face liquidation or foreclosure in the near future; and (C) the disparity between the United States and the Canadian dollar amounts to 32 to 34 percent and results in even further increases in Canadian hogs and cattle being imported into the United States. (2) Therefore, it is the sense of the Congress that the President should direct appropriate officials of the executive branch, including the United States Trade Representative, the Secretary of Agriculture, and the Secretary of Commerce, to aggressively pursue discussions with the Canadian Government directed toward immediate reduction in the Canadian export of cattle and hogs to the United States. (b) SOFTWOOD TIMBER.—(1) The Congress finds that— Forests and (A) softwood timber prices have been in decline for some time forest due to excessive supply partially caused by dramatic increases P^°^"cts. in importation of processed softwood timber from Canada, which has increased from 18 percent of the United States market in the last two years to 35 to 40 percent today; (B) American timber producers are suffering from this economic crisis, and the difficulty in acquiring timber from the National Forest System; and (C) the disparity between the United States and the Canadian dollar amounts to 32 to 34 percent and results in even further increases in processed softwood timber being imported into the United States. (2) Therefore, it is the sense of the Congress that the President should direct appropriate officials of the executive branch, including the United States Trade Representative, the Secretary of Agriculture, and the Secretary of Commerce, to aggressively pursue discussions with the Canadian Government directed toward immediate reduction in the Canadian export of softwood timber to the United States. SEC. 722. NICARAGUA. (a) SETTLEMENT OF THE CONFLICT.—The Congress—

(1) strongly supports national reconciliation in Nicaragua and the creation of a framework for negotiating a peaceful settlement to the Nicaraguan conflict; and (2) finds that the United States should, in assisting efforts to reach comprehensive and verifiable final agreements based on the Contadora Document of Objectives, encourage the Government of Nicaragua to pursue a dialogue with the armed opposition forces and their political representatives for the purposes of achieving an equitable political settlement of the conflict, including free and fair elections. (b) UNITED STATES CONCERNS ABOUT NICARAGUAN FOREIGN AND DOMESTIC POUCIES.—The Congress finds and declares the following:

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PUBLIC LAW 99-83—AUG. 8, 1985 (1) Despite positive actions by the Congress signaling support for negotiated solutions to conflicts in Central America, there are disturbing trends in Nicaragua's foreign and domestic policies, including— (A) President Daniel Ortega's April 1985 trip to the Soviet Union at a time when the Congress signaled its strong disapproval of increasing Nicaraguan-Soviet ties; (B) the Sandinista government s close military ties with Cuba, the Soviet Union, and its Warsaw Pact allies; the disappointing and insufficient reduction of the number of Cuban advisors in Nicaragua by only 100 out of an approximately 2,500; and the continuing military buildup that Nicaragua's neighbors consider threatening; (C) the Sandinista government's curtailment of individual liberties, political expression, freedom of worship, and the independence of the media; (D) the subordination of military, judicial, and internal security functions to the ruling political party; and (E) the Sandinista government's efforts to export its influence and ideology. (2) If Nicaragua does not address the concerns described in paragraph (1), the United States has several options to address this challenge to peace and stability in the region, including political, diplomatic, and trade sanctions. In addition, the United States— (A) should through appropriate regional organizations, such as the Organization of American States, seek to maintain multilateral pressure on Nicaragua to address these concerns; and (B) should, if called upon to do so, give serious consideration to supporting any sanctions adopted by such an organization. (3) In assessing whether or not progress is being made in addressing these concerns, the Congress will expect prompt and significant initiatives by the Government of Nicaragua such as— (A) the removal of foreign military advisors from Nicaragua; (B) the end to Sandinista support for insurgencies in other countries in the region, including the cessation of military supplies to the rebel forces fighting the democratically elected government in El Salvador; (C) restoration of individual liberties, political expression, freedom of worship, and the independence of the media; and (D) progress toward internal reconciliation and a pluralistic democratic system, including steps to liberalize institutions in order to allow the internal opposition in Nicaragua to become a viable partner in the Nicaraguan political process. (c) RESOLUTION OF THE CONFLICT IN NICARAGUA.-—

(1) BASIS FOR P0LiCY.~The Congress finds that— (A) the people of Nicaragua are suffering the horrors of a fierce armed conflict that is causing grave hardships and loss of life, has thrown the country into a serious political, social, and economic upheaval, and is of serious concern to the nations of the region and to the United States;

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(B) this conflict is fundamentally a continuation of efforts of the Nicaraguan people to attain a representative government at peace with its neighbors, efforts which began under the Somoza regime; and (C) the United States recognized these noble aspirations of the Nicaraguan people in the June 23, 1979, resolution of the Seventeenth Meeting of Consultation of Ministers of Foreign Affairs of the Organization of American States, which reads as follows: "WHEREAS: "The people of Nicaragua are suffering the horrors of a fierce armed conflict that is causing grave hardships and loss of life, and has thrown the country into a serious political, social,, and economic upheaval; "The inhumane conduct of the dictatorial regime governing the country, as evidenced by the report of the Inter-American Commission on Human Rights, is the fundamental cause of the dramatic situation faced by the Nicaraguan people; and "The spirit of solidarity that guides Hemisphere relations places an unavoidable obligation on the American countries to exert every effort within their power, to put an end to the bloodshed and to avoid the prolongation of this conflict which is disrupting the peace of the Hemisphere; "THE SEVENTEENTH MEETING OF CONSULTATION OF MINISTERS OF FOREIGN AFFAIRS, "DECLARES: "That the solution of the serious problem is exclusively within the jurisdiction of the people of Nicaragua. "That in the view of the Seventeenth Meeting of Consultation of Ministers of Foreign Affairs this solution should be arrived at on the basis of the following: " 1. Immediate and definitive replacement of the Somoza regime. "2. Installation in Nicaraguan territory of a democratic government, the composition of which should include the principal representative groups which oppose the Somoza regime and which reflects the free will of the people of Nicaragua. "3. Guarantee of the respect for human rights of all Human rights. Nicaraguans without exception. "4. The holding of free elections as soon as possible, that will lead to the establishment of a truly democratic government that guarantees peace, freedom, and justice. "RESOLVES: "1. To urge the member states to take steps that are within their reach to facilitate an enduring and peaceful solution of the Nicaraguan problem on the bases set forth above, scrupulously respecting the principle of nonintervention and abstaining from any action that might be in conflict with the above bases or be incompatible with a peaceful and enduring solution to the problem. "2. To commit their efforts to promote humanitarian assistance to the people of Nicaragua and to contribute to the social and economic recovery of the country. "3. To keep the Seventeenth Meeting of Consultation of Ministers of Foreign Affairs open while the present situation continues.".

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 99 STAT. 252

PUBLIC LAW 99-83—AUG. 8, 1985 (2) THE GOVERNMENT OP NICARAGUA.—The Congress further

Human rights.

International agreements. 59 Stat. 1031. 2 UST 2394. 62 Stat. 1681.

finds that— (A) the Government of National Reconstruction of Nicaragua formally accepted the June 23, 1979, resolution as a basis for resolving the Nicaraguan conflict in its "Plan to Achieve Peace" which was submitted to the Organization of American States on July 12, 1979; (B) the June 23, 1979, resolution and its acceptance by the Government of National Reconstruction of Nicaragua was the formal basis for the removal of the Somoza regime and the installation of the Government of National Reconstruction; (C) the Government of National Reconstruction, now known as the Government of Nicaragua and controlled by the Frente Sandinista (the FSLN), has flagrantly violated the provisions of the June 23, 1979, resolution, the rights of the Nicaraguan people, and the security of the nations in the region, in that it— (i) no longer includes the democratic members of the Government of National Reconstruction in the political process; (ii) is not a government freely elected under conditions of freedom of the press, assembly, and organization, and is not recognized as freely elected by its neighbors, Costa Rica, Honduras, and El Salvador; (iii) has taken significant steps towards establishing a totalitarian Communist dictatorship, including the formation of FSLN neighborhood watch committees and the enactment of laws that violate human rights and grant undue executive power; (iv) has committed atrocities against its citizens as documented in reports by the Inter-American Commission on Human Rights of the Organization of American States; (v) has aligned itself with the Soviet Union and Soviet allies, including the German Democratic Republic, Bulgaria, Libya, and the Palestine Liberation Organization; (vi) has Committed and refuses to cease aggression in the form of armed subversion against its neighbors in violation of the Charter of the United Nations, the Charter of the Organization of American States, the Inter-American Treaty of Reciprocal Assistance, and the 1965 United Nations General Assembly Declaration on Intervention; and (vii) has built up a n army beyond the needs of immediate self-defense, a t the expense of the needs of the Nicaraguan people and about which the nations of the region have expressed deepest concern, (3) THE NICARAGUAN DEMOCRATIC OPPOSITION.—The Congress

further finds that— (A) as a result of these violations, the Government of Nicaragua has lost the support of virtually all independent sectors of Nicaraguan society who initially supported the removal of the Somoza regime (including democratic political parties of the left, center, and right; the leadership of the Church; free unions; and the business, farmer, and

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 PUBLIC LAW 99-83—AUG. 8, 1985 professional sectors) and who still seek democracy, reject the rule of the Frente Sandinista, and seek the free elections promised in 1979; (B) the Nicaraguan political opposition has joined with the armed opposition groups in issuing the San Jose Manifesto of March 1, 1985, calling for a national dialogue under mediation by the Nicaraguan Bishops Conference to peacefully attain the fulfillment of the Government of Nicaragua's commitments to the Organization of American States, including "the democratization of Nicaragua, conscious that democracy is the only means to carry out an authentic revolution and secure our national identity and sovereignty"; (C) on June 12, 1985, in San Salvador, El Salvador, the political and armed opposition groups representing the entire democratic political spectrum of Nicaragua formed the Unified Nicaraguan Opposition and affirmed their "historical commitment to achieve for Nicaragua the reconciliation of her children, to establish the foundation for democracy and the moral and material reconstruction of the nation"; and (D) the Unified Nicaraguan Opposition further declared its intention to "give priority at all times to a political solution which will ease the suffering of our people". (4) CONCERNS IN THE REGION AND UNITED STATES RESPONSIBIL-

ITIES.—The Congress further finds that— (A) Nicaragua's neighbors, Costa Rica, El Salvador, and Honduras, have expressed, individually and through the Contadora process, their belief that their peace and freedom is not safe so long as the Government of Nicaragua excludes from power most of Nicaragua's political leadership and is controlled by a small sectarian party, without regard to the will of the majority of Nicaraguans; and (B) the United States, given its role in the installation of the current Government of Nicaragua, has a special responsibility regarding the implementation of the commitments made by that Government in 1979, especially to those who fought against Somoza to bring democracy to Nicaragua with United States support. (5) RESOLUTION OF THE CONFLICT.—The Congress—

(A) condemns the Government of Nicaragua for violating its solemn commitments to the Nicaraguan people, the United States, and the Organization of American States; (B) affirms that the Government of Nicaragua will be regarded as having achieved political legitimacy when it fulfills its 1979 commitment to the Organization of American States to implement genuinely democratic elections, under the supervision of the Organization of American States, in which all elements of the Nicaraguan resistance can peacefully participate under conditions recognized as necessary for free elections by international bodies; (C) urges the Government of Nicaragua to enter a national dialogue, as proposed by the Nicaraguan democratic resistance in San Jose, Costa Rica, on March 1, 1985, under mediation by the Nicaraguan Bishops Conference in order to peacefully resolve the current crisis through internation-

99 STAT. 253

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 99 STAT. 254

PUBLIC LAW 99-83—AUG. 8, 1985 ally recognized elections in which all elements of Nicaraguan society can freely participate; (D) supports the Nicaraguan democratic resistance in its efforts to peacefully resolve the Nicaraguan conflict and to achieve the fulfillment of the Government of Nicaragua's solemn commitments to the Nicaraguan people, the United States, and the Organization of American States; (E) supports efforts by the Contadora nations, the Organization of American States, and other appropriate regional organizations to maintain multilateral pressure on Nicaragua to fulfill its commitments; and (F) requests that the Secretary of State transmit the text of this subsection to the Foreign Ministers of the member states of the Organization of American States. (d) PROHIBITION RELATING TO MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA.—Notwithstanding any other provision of law,

22 USC 2151 note. 22 USC 2751 note.

International agreements.

Cardinal Miguel Obando y Bravo.

no funds authorized to be appropriated or otherwise made available by this Act (except the funds authorized to be appropriated in this section), by the Foreign Assistance Act of 1961, or by the Arms Export Control Act shall be used to provide assistance of any kind, either directly or indirectly, to any person or group engaging in an insurgency or other act of rebellion against the Government of Nicaragua. The United States shall not enter into any arrangement conditioning, expressly or impliedly, the provision of assistance under this Act or the purchase of defense articles and services under the Arms Export Control Act upon the provision of assistance by a recipient to persons or groups engaging in an insurgency or other act of rebellion against the Government of Nicaragua. (e) LIMITATION ON U S E OF FUNDS AGAINST NICARAGUA.—None of

the funds authorized to be appropriated in this or any other Act can be used to fund directly, or indirectly, activities against the Government of Nicaragua which have not been authorized by, or pursuant to, law and which would place the United States in violation of our obligations under the Charter of the Organization of American States, to which the United States is a signatory, or under international law as defined by treaty commitments agreed to, and ratified by, the Government of the United States. (f) FOOD AID TO THE NICARAGUAN PEOPLE.—In cooperation with Cardinal Miguel Obando y Bravo and private and voluntary organizations, the President should explore and promote means for providing food aid to the Nicaraguan people through private and voluntary organizations and the Catholic Church. (g) HUMANITARIAN

Effective date. Appropriation authorization.

Reports.

ASSISTANCE FOR NICARAGUAN

DEMOCRATIC

RESISTANCE.—(1) Effective upon the date of enactment of this Act, there are authorized to be appropriated $27,000,000 for humanitarian assistance to the Nicaraguan democratic resistance. Such assistance shall be provided to such department or agency of the United States as the President shall designate, except the Central Intelligence Agency or the Department of Defense. (2) The assistance authorized by this subsection is authorized to remain available for obligation until March 31, 1986. (3) One-third of the assistance authorized by this subsection shall be available for obligation at any time after the appropriation of funds pursuant to such authorization, an additional one-third shall be available for obligation upon submission of the first report required by subsection (j), and the remaining one-third shall be available for obligation upon submission of the second such report.

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 ^

99 STAT. 255

PUBLIC LAW 99-83—AUG. 8, 1985

(4) The President shall establish appropriate procedures to ensure President of U.S. that any humanitarian assistance provided by the United States Government to the Nicaraguan democratic resistance is used only for the intended purpose and is not diverted (through barter, exchange, or any other means) for acquisition of weapons, weapons systems, ammunition, or other equipment, vehicles, or material which can be used to inflict serious bodily harm or death. (5) As used in this subsection, the term "humanitarian assistance" means the provision of food, clothing, medicine, and other humanitarian assistance, and it does not include the provision of weapons, weapons systems, ammunition, or other equipment, vehicles, or material which can be used to inflict serious bodily harm or death. (h) ASSISTANCE FOR IMPLEMENTATION OF A CONTADORA AGREE-

MENT.—Effective upon the date of enactment of this Act, there are Effective date. authorized to be appropriated $2,000,000, which are authorized to Appropriation authorization. remain available until expended, for payment by the Secretary of State for the expenses arising from implementation by the Contadora nations (Mexico, Panama, Colombia, and Venezuela) of an agreement among the countries of Central America based on the Contadora Document of Objectives of September 9, 1983, including peacekeeping, verification, and monitoring systems. (i) POLICIES WITH RESPECT TO NICARAGUA.—The President

is

hereby urged and requested— (1) to pursue vigorously the use of diplomatic and economic measures to resolve the conflict in Nicaragua, including simultaneous negotiations— (A) to implement the Contadora Document of Objectives of September 8, 1983; and (B) to develop, in close consultation and cooperation with other nations, trade and economic mesisures to complement such policies of the United States and to encourage the Government of Nicaragua to take the necessary steps to resolve the conflict; (2) to suspend the economic sanctions imposed by the President on May 1, 1985, and the United States military maneuvers in Honduras and off the coast of Nicaragua, if the Government of Nicaragua agrees— (A) to a cease fire, (B) to open a dialogue with all elements of the opposition, including the Nicaraguan democratic resistance, and (C) to suspend the state of emergency in Nicaragua; (3) to call upon the Nicaraguan democratic resistance to remove from their ranks any individuals who have engaged in human rights abuses; and (4) to resume bilateral discussions with the Government of Nicaragua with a view to encouraging— (A) a church-mediated dialogue between the Government of Nicaragua and all elements of the opposition, including the Nicaraguan democratic resistance, in support of internal reconciliation as called for by the Contadora Document of Objectives; and (B) a comprehensive, verifiable agreement among the nations of Central America, based on the Contadora Document of Objectives. 0*) REPORTS.—The President shall submit a report to the Congress President of U.S. 90 days after the date of enactment of this Act, and every 90 days

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PUBLIC LAW 99-83—AUG. 8, 1985 thereafter, on any actions taken to carry out subsections (g) and (h). Each such report shall include— (1) a detailed statement of any progress made in reaching a negotiated settlement referred to in subsection (i)(D, including the willingness of the Nicaraguan democratic resistance and the Government of Nicaragua to negotiate a settlement; (2) a detailed accounting of the disbursements made to provide humanitarian assistance with the funds provided pursuant to subsection (g); and (3) a discussion of the alleged human rights violations by the Nicaraguan democratic resistance and the Government of Nicaragua, including a statement of the steps taken by the Nicaraguan democratic resistance to comply with the request referred to in subsection (i)(3). (k) SUBMISSION or REQUEST FOR ADDITIONAL ASSISTANCE FOR THE CENTRAL AMERICA PEACE PROCESS.—If the President determines at

any time after the enactment of this Act that— (1) negotiations based on the Contadora Document of Objectives of September 9, 1983, have produced an agreement, or show promise of producing an agreement, or (2) other trade and economic measures will assist in a resolution of the conflict, or to stabilization in the region, the President may submit to the Congress a request for budget and other authority to provide additional assistance for the furtherence of the Central America peace process. (1) STATEMENT TO B E INCLUDED.—The President's request pursuant to subsection (k) shall include a detailed statement as to progress made to resolve the conflict in the region. President of U.S. (m) CONSULTATION WiTH THE CONGRESS.—In formulating a request pursuant to subsection (k), the President shall consult with the Congress. (n) HOUSE PROCEDURES.—(1) The provisions of this subsection apply, during the 99th Congress, to the consideration in the House of Representatives of a joint resolution with respect to the request submitted by the President pursuant to subsection (k). (2) For purposes of this subsection, the term "joint resolution" means only a joint resolution introduced within 3 legislative days after the Congress receives the request submitted by the President pursuant to subsection (k)— (A) the matter after the resolving clause of which is as follows: "That the Congress hereby approves the additional authority and assistance for the Central America peace process that the President requested pursuant to the International Ante, p. 190. Security and Development Cooperation Act of 1985, notwith22 USC 2412. Standing section 10 of Public Law 91-672."; (B) which does not have a preamble; and (C) the title of which is as follows: "Joint Resolution relating to Central America pursuant to the International Security and Development Cooperation Act of 1985.". (3) A joint resolution shall, upon introduction, be referred to the appropriate committee or committees of the House of Representatives. (4) If all the committees of the House to which a joint resolution has been referred have not reported the same joint resolution by the end of 15 legislative days after the first joint resolution was introduced, any committee which has not reported the first joint resolution introduced shall be discharged from further consideration of

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 PUBLIC LAW 99-83—AUG. 8, 1985 that joint resolution and that joint resolution shall be placed on the appropriate calendar of the House. (5)(A) At any time after the first joint resolution placed on the appropriate calendar has been on that calendar for a period of 5 legislative days, it is in order for any Member of the House (after consultation with the Speaker as to the most appropriate time for the consideration of that joint resolution) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of that joint resolution. The motion is highly privileged and is in order even though a previous motion to the same effect has been disagreed to. All points of order against the joint resolution under clauses 2 and 6 of Rule XXI of the Rules of the House are waived. If the motion is agreed to, the resolution shall remain the unfinished business of the House until disposed of. A motion to reconsider the vote by which the motion is disagreed to shall not be in order. (B) Debate on the joint resolution shall not exceed ten hours, which shall be divided equally between a Member favoring and a Member opposing the joint resolution. A motion to limit debate is in order at any time in the House or in the Committee of the Whole and is not debatable. (C) An amendment to the joint resolution is not in order. (D) At the conclusion of the debate on the joint resolution, the Committee of the Whole shall rise and report the joint resolution back to the House, and the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion. (6) As used in this subsection, the term "legislative day" means a day on which the House is in session. (o) SENATE PROCEDURES.—A joint resolution which is introduced in the Senate within 3 calendar days after the day on which the Congress receives a Presidential request described in subsection (k) and which, if enacted, would grant the President the authority to take any or all of the actions described in subsection (k) shall be considered in accordance with procedures contained in paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473), except that— (1) references in such paragraphs to the Committees on Appropriations of the Senate shall be deemed to be references to the appropriate committee or committees of the Senate; and (2) amendments to the joint resolution are in order. (p) SUBMISSION OF RF.QUEST FOR ADDITIONAL ASSISTANCE FOR NICA-

RAGUAN DEMOCRATIC RESISTANCE.—If the President determines at any time after the enactment of this Act that— (1) negotiations based on the Contadora Document of Objectives of September 9, 1983, have failed to produce an agreement, or (2) other trade and economic measures have failed to resolve the conflict, the President may submit to the Congress a request for budget and other authority to provide additional assistance for the Nicaraguan democratic resistance. (q) STATEMENT TO B E INCLUDED.—The President's request pursuant to subsection (p) shall include a detailed statement as to why the negotiations or other measures have failed to resolve the conflict in the region.

99 STAT. 257

98 Stat. 1935.

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PUBLIC LAW 99-83—AUG. 8, 1985

President of U.S.

(r) CONSULTATION WiTH THE CONGRESS.—In formulating a request pursuant to subsection (p), the President shall consult with the Congress. (s) HOUSE PROCEDURES.—(1) The provisions of this subsection apply, during the 99th Congress, to the consideration in the House of Representatives of a joint resolution with respect to the request submitted by the President pursuant to subsection (p). (2) For purposes of this subsection, the term "joint resolution" means only a joint resolution introduced within 3 legislative days after the Congress receives the request submitted by the President pursuant to subsection (p)— (A) the matter after the resolving clause of which is as follows: "That the Congress hereby approves the additional authority and assistance for the Nicaraguan democratic resistance that the President requested pursuant to the International Security and Development Cooperation Act of 1985, notwithstanding section 10 of Public Law 91-672."; (B) which does not have a preamble; and (C) the title of which is as follows: "Joint Resolution relating to Central America pursuant to the International Security and Development Cooperation Act of 1985.". (3) A joint resolution shall, upon introduction, be referred to the appropriate committee or committees of the House of Representatives. (4) If all the committees of the House to which a joint resolution has been referred have not reported the same joint resolution by the end of 15 legislative days after the first joint resolution was introduced, any committee which has not reported the first joint resolution introduced shall be discharged from further consideration of that joint resolution and that joint resolution shall be placed on the appropriate calendar of the House. (5)(A) At any time after the first joint resolution placed on the appropriate calendar has been on that calendar for a period of 5 legislative days, it is in order for any Member of the House (after consultation with the Speaker as to the most appropriate time for the consideration of that joint resolution) to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of that joint resolution. The motion is highly privileged and is in order even though a previous motion to the same effect has been disagreed to. All points or order against the joint resolution under clauses 2 and 6 of Rule XXI of the Rules of the House are waived. If the motion is agreed to, the resolution shall remain the unfinished business of the House until disposed of. A motion to reconsider the vote by which the motion is disagreed to shall not be in order. (B) Debate on the joint resolution shall not exceed ten hours, which shall be divided equally between a Member favoring and a Member opposing the joint resolution. A motion to limit debate is in order at any time in the House or in the Committee of the Whole and is not debatable. (C) An amendment to the joint resolution is not in order. (D) At the conclusion of the debate on the joint resolution, the Committee of the Whole shall rise and report the joint resolution back to the House, and the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion.

Ante, p. 190. 22 USC 2412.

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99 STAT. 259

(6) As used in this subsection, the term "legislative day" means a day on which the House is in session. (t) SENATE PROCEDURES.—A joint resolution which is introduced in the Senate within 3 calendar days after the day on which the Congress receives a Presidential request described in subsection (p) and which, if enacted, would grant the President the authority to take any or all of the actions described in subsection (p) shall be considered in accordance with procedures contained in paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473), except 98 Stat. 1935. that— (1) references in such paragraphs to the Committees on Appropriations of the Senate shall be deemed to be references to the appropriate committee or committees of the Senate; and (2) amendments to the joint resolution are in order. (u) CONGRESSIONAL RULEMAKING POWERS.—Subsections (n), (o), (s),

and (t) are enacted— (1) as exercises of the rulemaking powers of the House of Representatives and Senate, and as such they are deemed a part of the Rules of the House and the Rules of the Senate, respectively, but applicable only with respect to the procedure to be followed in the House and the Senate in the case of joint resolutions under this section, and they supersede other rules only to the extent that they are inconsistent with such rules; and (2) with full recognition of the constitutional right of the House and the Senate to change their rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House or Senate, and of the right of the Committee on Rules of the House of Representatives to report a resolution for the consideration of any measure. TITLE VIII—AFRICA SEC. 80L BALANCE-OF-PAYMENTS SUPPORT FOR COUNTRIES IN AFRICA. (a) ESF COMMODITY IMPORT AND SECTOR PROGRAMS.—Agreements with countries in Africa which provide for the use of funds made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for the fiscal years 1986 and 1987 to finance imports by those countries (under commodity import programs or sector programs) shall require that those imports be used to meet long-term development needs in those countries in accordance with the following criteria: (1) Spare parts and other imports shall be allocated on the basis of evaluations, by the agency primarily responsible for administering part I of that Act, of the ability of likely recipients to use such spare parts and imports in a maximally productive, employment generating, and cost effective way. (2) Imports shall be coordinated with investments in accordance with the recipient country's plans for promoting economic development. The agency primarily responsible for administering part I of that Act shall assess such plans to determine whether they will effectively promote economic development. (3) Emphasis shall be placed on imports for agricultural activities which will expand agricultural production, particu-

international agreements, 22 USC 2346.

22 USC 2151.

Agriculture and agricultural commodities.

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22 USC 2151-1.

PUBLIC LAW 99-83—AUG. 8, 1985 larly activities which expand production for export or production to reduce reliance on imported agricultural products. (4) Emphasis shall also be placed on a distribution of imports having a broad development impact in terms of economic sectors and geographic regions. (5) In order to maximize the likelihood that the imports financed by the United States under such chapter are in addition to imports which would otherwise occur, consideration shall be given to historical patterns of foreign exchange uses. (6)(A) Seventy-five percent of the foreign currencies generated by the sale of such imports by the government of the country shall be deposited in a special account established by that government and, except as provided in subparagraph (B), shall be available only for use in accordance with the agreement for economic development activities which are consistent with the policy directions of section 102 of the Foreign Assistance Act of 1961 and which are the types of activities for which assistance may be provided under sections 103 through 106 of that

22 USC 2151a-

2l5id.

22 USC 2151.

Act.

(B) The agreement shall require that the government of the country make available to the United States Government such portion of the amount deposited in the special account as may be determined by the President to be necessary for requirements of the United States Government, (b) ANNUAL EVALUATIONS.—The agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 shall conduct annual evaluations of the extent to which the criteria set forth in this subsection have been met. SEC. 802. ECONOMIC SUPPORT ASSISTANCE FOR SOUTHERN AFRICA. (a) FUNDS FOR SOUTHERN AFRICA REGIONAL PROGRAMS.—Of

22 USC 2346.

the

amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $30,000,000 for fiscal year 1986 and not less than $30,000,000 for fiscal year 1987 shall be available only for regional programs in southern Africa. Not less than 50 percent of eadi of these amounts shall be allocated to assist sector projects supported by the Southern Africa Development Coordination Conference (SADCC) to enhance the economic development of the nine member states forming this important regional institution, especially in the following sectors: transportation, agricultural research and training, manpower development, and institutional support for the SADCC secretariat. (b)

STUDIES RELATING TO SOUTHERN AFRICA REGIONAL PRO-

GRAMS.—(1) The administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 shall conduct a study which evaluates— (A) the assistance which that agency provides to the Southern Africa Development Coordination Conference and other African regional institutions and economic development organizations, and (B) ways to improve such assistance. (2) The administrator shall also conduct a study which assesses what type of bureaucratic mechanism within that agency might be established to coordinate assistance to all African regional institutions.

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99 STAT. 261

(3) The administrator shall submit the results of the studies conducted pursuant to this subsection to the Congress within 3 months after the date of enactment of this Act. (c)

SOUTH AFRICA EDUCATIONAL TRAINING PROGRAMS.—Funds

available to carry out chapter 4 of part 11 of the Foreign Assistance Act of 1961 for fiscal year 1986 and fiscal year 1987 which are used 22 USC 2346. for education or training programs in South Africa may not be used for programs conducted by or through organizations in South Africa which are financed or controlled by the Government of South Africa, such as the "homeland" and "urban council" authorities. Such funds may only be used for programs which in both their character and organizational sponsorship in South Africa clearly reflect the objective of a majority of South Africans for an end to the apartheid system of separate development. Nothing in this subsection shall be construed to prohibit programs which are consistent with this subsection and which award university scholarships to students who choose to attend a South African-supported university. (d) HUMAN RIGHTS FUND FOR SOUTH AFRICA.—Of the amount Legal assistance. allocated for the Human Rights Fund for South Africa under chapter 4 of part II of the Foreign Assistance Act of 1961 for each of the fiscal years 1986 and 1987, not less than 35 percent shall be used for direct legal and other assistance to political detainees and prisoners and their families, including the investigation of the killing of protestors and prisoners, and for support for actions of black-led community organizations to resist, through non-violent means, the enforcement of apartheid policies such as— (1) removal of black populations from certain geographic areas on account of race or ethnic origin, (2) denationalization of blacks, including any distinctions between the South African citizenships of blacks and whites, (3) residence restrictions based on race or ethnic origin, (4) restrictions on the rights of blacks to seek employment in South Africa and live wherever they find employment in South Africa, and (5) restrictions which make it impossible for black employees and their families to be housed in family accommodations near their place of employment. SEC. 803. POLICY TOWARD SOUTH AFRICAN "HOMELANDS".

(a) FINDINGS.—The Congress finds that— (1) the sanctity of the family, individual liberty, maximum freedom of choice, ownership of private property, and equal treatment of all citizens, regardless of race, are principles which are fully supported by the American people; (2) the forced relocation of blacks by the Government of the Republic of South Africa to designated "homelands" divides families, as families are required to remain in the "homelands" while fathers seek work in the so-called "white areas"; (3) the forced removal of persons living in so-called "black spots" in "white" rural areas in South Africa denies them the fundamental right to live and to farm on land they have legally occupied for years, and subjects them to arbitrary arrest and detention when they seek these rights; (4) compared to white" South Africa, the designated "homelands", which are meant to accommodate the largest South African population group on a fraction of South African terri-

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 99 STAT. 262

PUBLIC LAW 99-83—AUG. 8, 1985 tory and were established without the consent of the vast majority of the governed, are characterized by high rates of infant mortaUty, unemployment, and malnutrition and by a severe shortage of medical services; (5) the policy of the Government of the Republic of South Africa denies blacks their rightful claim to full South African citizenship; and (6) the recent violence in South Africa must be seen as an inevitable result of the denial of the full rights of citizenship. (b) STATEMENT OF POLICY.—It is the sense of the Congress that— (1) the policy of separate development and the forced relocation of the people of the Republic of South Africa are inconsistent with fundamental American values and internationaly recognized principles of human rights; (2) the Government of the United States should continue to regard as citizens of South Africa all persons born within the internationaly recognized boundaries of the Republic of South Africa, and not differentiate among these citizens on the basis of the South African Government's claim to have granted independence to various "homelands"; (3) at such times that any "homeland" official applies for a visa for travel to the United States, such visa should not be granted unless that official holds a passport which is recognized as valid by the Government of the United States; and (4) the Government of the United States should urge that the forced relocation of South African citizens be discontinued and that policies be adopted for all South Africa's citizens which protect the sanctity of the family, individual liberty, maximum freedom of choice, ownership of private property, and equal treatment of all citizens, regardless of race. SEC. 804. ASSISTANCE FOR ZAIRE.

22 USC 2346. 22 USC 2151.

22 USC 2311. 22 USC 2751 note.

(a) ECONOMIC SUPPORT ASSISTANCE.—Funds allocated for assistance for Zaire under chapter 4 of part II of the Foreign Assistance Act of 1961 for each of the fiscal years 1986 and 1987 shall be used only for assistance which is provided in accordance with the provisions applicable to assistance under chapter 1 of part I of the Foreign Assistance Act of 1961. Such assistance shall be provided, to the maximum extent practicable, through private and voluntary organizations. (b) MILITARY ASSISTANCE.—For each of the fiscal years 1986 and 1987— (1) the value of assistance provided under chapter 2 of part II of the Foreign Assistance Act of 1961 for Zaire may not exceed $7,000,000; and (2) financing may not be provided under the Arms Export Control Act for Zaire. SEC. 805. ASSISTANCE FOR TUNISIA.

(a) PoucY CONCERNING SECURITY ASSISTANCE.—The United States provides security assistance to Tunisia in recognition of the traditional friendship between the United States and Tunisia and our common interests in the region. The provision of such assistance is also based on the expectation that political stability and development in Tunisia will be best advanced through continued growth of democratic institutions.

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 PUBLIC LAW 99-83—AUG. 8, 1985 (b) EARMARKING OF MAP AND E S F. — For each of the fiscal years 1986 and 1987— (1) not less than $15,000,000 of the amounts authorized to be appropriated to carry out chapter 2 of part II of the Foreign Assistance Act of 1961, and (2) not less than $20,000,000 of the amounts authorized to be appropriated to carry out chapter 4 of part II of that Act, shall be available only for Tunisia.

99 STAT. 263

22 USC 2311. 22 USC 2346.

SEC. 806. POLITICAL SETTLEMENT IN SUDAN.

(a) FINDINGS.—The Congress finds that— (1) friendship and mutual interests bind the United States and Sudan; and (2) the peace, security, and economic development of Sudan depend in large part on addressing the problems associated with the traditional north-south division in that country through political rather than military means. (b) UNITED STATES POLICY.—It is, therefore, the policy of the United States that the provision of security assistance to Sudan shall be based on the expectation that the Government of Sudan will make progress toward reaching a political settlement with all parties to the conflict in the south of Sudan. SEC. 807. ELECTIONS IN LIBERIA.

In recognition of the special relationship that the United States has with Liberia and of the wide variety of interests that the United States has in Liberia, security assistance for Liberia for fiscal years 1986 and 1987 is based on the expectation of a successful completion of free and fair elections, on a multiparty basis, in October 1985 as proposed by the Government of Liberia and on a return to full civilian, constitutional rule as a consequence of those elections. SEC. 808. WESTERN SAHARA.

(a) UNITED STATES POLICY.—The policy of the United States shall be to support a negotiated political solution to the conflict in the Western Sahara taking into account the principle of self-determination as outlined in the 1981 Nairobi resolution and to encourage all parties to the conflict to reach a peaceful internationaly recognized settlement. As part of this policy, the United States should carefully consider each type of military assistance it furnishes to any of the parties to the conflict and should seek to insure that the furnishing of such military assistance is consistent with United States policy which seeks a negotiated settlement. (b) FURTHER STATEMENT OF POLICY.—It is the further policy of the United States to support Morocco's legitimate defense needs and to discourage aggression by any country in North Africa against another. SEC. 809. SAHEL DEVELOPMENT PROGRAM. (a) AUTHORIZATIONS OF APPROPRIATIONS.—The third sentence of section 121(c) of the Foreign Assistance Act of 1961 is amended to read as follows: "In addition to the amounts authorized to be appropriated in the preceding sentences and to funds otherwise available for such purposes, there are authorized to be appropriated to the President for purposes of this section $87,750,000 for fiscal year 1986 and $87,750,000 for fiscal year 1987.".

22 USC 2i5is.

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 99 STAT. 264

PUBLIC LAW 99-83—AUG. 8, 1985 (b) IMPROVING ADMINISTRATIVE CAPABILITIES OF HOST GOVERN-

22 USC 2151s. Grants.

22 USC 290h-8.

MENTS.—Section 121 of such Act is amended by adding at the end thereof the following new subsection: "(e) Grants shall be made under this section to Sahel Development Program host governments in order to help them enhance their administrative capabilities to meet the administrative requirements resulting from donor country projects and activities.". SEC. 810. AFRICAN DEVELOPMENT FOUNDATION. (a) AUTHORIZATIONS OF APPROPRIATIONS.—Section 510 of the AfriCan Development Foundation Act is amended to read as follows: "AUTHORIZATIONS OF APPROPRIATIONS

22 USC 290h-9.

22 USC 2293 note.

7 USC 1721.

"SEC. 510. There are authorized to be appropriated to carry out this title, in addition to amounts otherwise available for that purpose, $3,872,000 for fiscal year 1986 and $3,872,000 for fiscal year 1987. Funds appropriated under this section are authorized to remain available until expended.". (b) EXTENSION OF AUTHORITIES.—Section 511 of such Act is amended by striking out "1985" and inserting in lieu thereof "1990". SEC. 811. REPEAL OF CLARK AMENDMENT. Section 118 of the International Security and Development Cooperation Act of 1980 (prohibiting assistance for military or paramilitary operations in Angola) is repealed. SEC. 812. FAILURE OF THE ETHIOPIAN GOVERNMENT TO RESPONSIBLY AMELIORATE FAMINE CONDITIONS. (a) FINDINGS.—The Congress finds that— (1) many thousands of Ethiopian people have suffered and died, and an additional ten million people are in danger of death, through starvation caused by prolonged drought; (2) the Government of the United States has a continuing commitment to the emergency fund under title II of the Agricultural Trade Development and Assistance Act of 1954 (the Food For Peace Act); (3) United States emergency food assistance for Africa in fiscal year 1985 is more than twice the amount provided in fiscal year 1984, and is the largest amount contributed by any single donor; (4) the Ethiopian Government, as a client state of the Soviet Union, has considered the equipage and modernization of its five hundred thousand-person military organization more vital than alleviating the suffering of its people caused by drought; (5) the Ethiopian Government has considered the funding of its military organization more vital than promoting a viable national agrarian policy; (6) there is evidence that the Government of Ethiopia has used the drought-caused famine to induce cooperation from certain dedicated Ethiopians who seek to bring about fundamental changes in their country; (7) the United States Government is concerned about the seizure by the Ethiopian Government of an Australian aid ship in an attempt to cut off food to its citizens in the northern regions, an area most severely stricken by famine; and

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 PUBLIC LAW 99-83—AUG. 8, 1985 (8) the Ethiopian Government deems the appearance and status of its socialist system more worthy of attention than its citizens and agricultural policies in need. (b) STATEMENT OF POLICY.—It is the sense of the Congress that— (1) the Government of Ethiopia should be condemned for failing in its responsibility to sufficiently ameliorate the severe drought and famine conditions throughout its agrarian countryside; (2) the Government of Ethiopia should allocate more of its resources toward the development of a more balanced and effective agrarian system; (3) human rights monitoring groups can be a positive force for human rights in Ethiopia and should be allowed to function and should be supported; (4) the Government of Ethiopia should initiate a genuine policy of national reconciliation; (5) the continued improvement of Ethiopia's treatment of the Ethiopian people and respect for human rights would better relations between the United States and Ethiopia; (6) the President or his representatives should convey to Ethiopian officials the concerns of the Congress expressed in this section at every opportunity; and (7) the President or his representatives should also convey these concerns of the Congress to the governments of United States allies and urge the cooperation of those governments in efforts to ensure a more responsible Ethiopian Government. (c) PROHIBITION ON IMPORTS AND EXPORTS.—(1) The President shall determine, within 30 days after the date of enactment of this Act, whether the Ethiopian regime is conducting a deliberate policy of starvation of its people and has not granted fundamental human rights to its citizens. The President shall submit that determination, and the basis for that determination, to the Congress. (2) If the President determines that such a policy is being conducted and that such rights are not being granted, paragraph (3) shall take effect if the Congress enacts a joint resolution approving that determination. (3) If the conditions specified in paragraphs (1) and (2) are met— (A) goods and services of Ethiopian origin may not be imported into the United States; and (B) except for emergency relief, rehabilitation, and recovery assistance, goods and services of United States origin may not be exported (directly or indirectly) to Ethiopia. (d) PROHIBITION ON ECONOMIC ASSISTANCE.—The President shall suspend all forms of economic assistance to the Government of Ethiopia. This section shall not be construed to prevent the furnishing of international disaster assistance under section 491 of the Foreign Assistance Act of 1961 or economic assistance which will directly benefit needy people in accordance with section 116 of that Act.

99 STAT. 265

Human rights.

Human rights.

President of U.S. Human rights.

22 USC 2292. 22 USC 2151n.

SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.

(a) ECONOMIC ASSISTANCE.—The funds authorized to be appropriated for fiscal years 1986 and 1987 to carry out chapter 1 of part I (relating to development assistance) and chapter 4 of part II (relating to the economic support fund) of the Foreign Assistance Act of 1961 that are allocated for bilateral assistance to the People's 22 USC 2151, Republic of Mozambique shall be used solely for assistance to the 2346.

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 99 STAT. 266

22 USC 2311, 2347.

PUBLIC LAW 99-83—AUG. 8, 1985 private sector of the economy of Mozambique to the maximum extent practicable. To the maximum extent practicable, such funds shall be channeled to non-governmental entities in Mozambique. (b) MILITARY ASSISTANCE.—(1) None of the funds authorized to be appropriated for fiscal year 1986 or fiscal year 1987 to carry out chapter 2 of part II (relating to grant military assistance) or chapter 5 of part II (relating to international military education and training) of the Foreign Assistance Act of 1961 shall be used to provide assistance to the People's Republic of Mozambique unless the President makes the certification described in paragraph (2) before providing any such assistance for that fiscal year. (2) The certification required by paragraph (1) is a certification by the President to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate that the Government of the People's Republic of Mozambique— (A) is making a concerted and significant effort to comply with internationaly recognized human rights; (B) is making continued progress in implementing essential economic and political reforms, including the restoration of private property and respect for the right to engage in free enterprise in all sectors of the economy; (C) has implemented a plan by September 30, 1986, to reduce the number of foreign military personnel to no more than 55; and (D)(i) in the case of a certification with respect to assistance for fiscal year 1986, is committed to holding free elections at a date no later than September 30, 1986, and to that end has demonstrated its good faith efforts to begin discussions with all major political factions in Mozambique which have declared their willingness to find and implement an equitable political solution to the conflict, with such solution to involve a commitment to— (I) the electoral process with internationaly recognized observers; and (II) the elimination of all restrictions on the formation and activities of opposition political parties; and (ii) in the case of a certification with respect to assistance for fiscal year 1987, held free elections by September 30, 1986. TITLE IX—ASIA SEC. 901. THE PHILIPPINES.

Benigno Aguino.

(a) DEMOCRACY IN THE PHILIPPINES.—It is the sense of the Congress that the United States should encourage the revitalization of democracy in the Philippines. To that end, the Congress affirms its intention to grant future aid to the Philippines according to the determination of the Congress that United States security interests are enhanced and sufficient progress is made by the Government of the Philippines in— (1) guaranteeing free, fair, and honest elections in 1986 and 1987, or sooner should any such elections occur; (2) ensuring the full, fair, and open prosecution of those responsible for the murder of Benigno Aguino, including those involved in the cover-up; (3) ensuring freedom of speech and freedom of the press, and unrestricted access to the media on the part of all candidates for

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99 STAT. 267

public office in the local and provincial elections of 1986 and the Presidential election of 1987; (4) establishing the writ of habeas corpus and the termination of the Presidential Detention Action and all other forms of detention without charge or trial; (5) releasing all individuals detained or imprisoned for peaceful political activities; (6) making substantial progress in terminating extrajudicial killings by the Philippine military and security forces and the prosecution of those responsible for such killings in the past; (7) implementing structural economic reforms and a strengthening of the private sector, including elimination of corruption and monopolies; and (8) enhancing the professional capability of the Philippine armed forces and security forces (including the Philippine Constabulary and the Civilian House Defense Forces). (b) PRIMARY PURPOSE OF UNITED STATES ASSISTANCE.—The Congress finds and declares that the primary purpose of United States assistance to the Philippines should be to maintain and foster friendly relations between the people of the Philippines and the people of the United States and to encourage the restoration of internal security, both of which goals can be best served by the achievement of an open and stable democracy. (c) CONGRESSIONAL OVERSIGHT.—The Congress, in determining future aid levels for the Philippines, will take into account not only our military bases agreement with that country, but also the extent to which the objectives and goals specified in subsections (a) and (b) have been implemented. The Congress may defer assistance for the Philippines under both chapter 2 of part II of the Foreign Assistance Act of 1961 and the Arms Export Control Act if— (1) significant progress is not achieved with respect to the objectives and goals specified in subsections (a) and (b), or (2) the Congress finds that such assistance is used to violate the internationaly recognized human rights of the Filipino people. (d) AMOUNTS OF ASSISTANCE.—Of the amounts authorized to be appropriated for each of the fiscal years 1986 and 1987— (1) to carry out the Arms Export Control Act (relating to foreign military sales financing), not more than $20,000,000 may be used for assistance for the Philippines; (2) to carry out chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to grant military assistance), not more than $50,000,000 may be used for assistance for the Philippines; and (3) to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), $110,000,000 shall be available only for the Philippines. (e) NoNLETHAL ASSISTANCE.—Assistance provided for the Philippines for fiscal year 1986 under the Arms Export Control Act or under chapter 2 of part II of the Foreign Assistance Act of 1961 shall be nonlethal in character. SEC. 902. NUCLEAR NON-PROLIFERATION CONDITIONS ON ASSISTANCE FOR PAKISTAN. Section 620E of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection:

Human rights.

51-194 O - 88 -

10: QL. 3

Part 1

22 USC 2311, 2751 note.

22 USC 2346.

22 USC 2375.

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 99 STAT. 268 Science and technology.

PUBLIC LAW 99-83—AUG. 8, 1985 "(e) No assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this Act or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.". SEC. 903. DISADVANTAGED CHILDREN IN ASIA.

(a) AUTHORIZATION OF ADDITIONAL ASSISTANCE.—Section 2410)) of the Foreign Assistance Act of 1961 is amended by striking out "$2,000,000" and inserting in lieu thereof "$3,000,000''^ Qoi) ADDITIONAL STEPS TO HELP AMERASIAN CHILDREN.—The Congress finds that Amerasian children are currently the object of discrimination in the countries in Asia where they now reside. President of U.S. Therefore, the President shall report to the Congress on the quality Report. of life of these children and on what additional steps, such as facilitating adoptions, the United States could take to enhance the lives of these children. 22 USC 2201.

22 USC 2374 note. 22 USC 2346.

SEC. 904. ASSISTANCE FOR AFGHANISTAN.

(a) AUTHORIZATION.—The President may make available funds authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund) for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law. (b) EARMARKING OF FUNDS.—Each fiscal year, not less than $15,000,000 of the aggregate amount of funds available to carry out chapter 4 of part 11 of the Foreign Assistance Act of 1961 shall be available only for humanitarian assistance to the Afghan people pursuant to subsection (a) of this section. (c) EFFECTIVE DATES.—This section shall take effect on the date of enactment of this Act, except that subsection (b) shall not apply to fiscal year 1985. SEC. 905. ASSISTANCE FOR THE CAMBODIAN PEOPLE.

22 USC 2311.

The President may make available to the noncommunist resistance forces in Cambodia up to $5,000,000 for fiscal year 1986, and up to $5,000,000 for fiscal year 1987, of the funds authorized to be appropriated to carry out chapter 2 (relating to grant military assistance) or chapter 4 (relating to the economic support fund) of part II of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. SEC. 906. PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE.

(a) PROHIBITION.—Notwithstanding any other provision of law, none of the funcbs authorized to be appropriated by this Act or any other Act may be obligated or expended for the purpose or with the effect of promoting, sustaining, or augmenting, directly or indirectly, the capacity of the Khmer Rouge or any of its members to conduct military or paramilitary operations in Cambodia or elsewhere in Indochina.

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 PUBLIC LAW 99-83—AUG. 8, 1985 (b) DEOBLIGATION OF CERTAIN FUNDS.—All funds appropriated before the date of enactment of this section which were obligated but not expended for activities having the purpose or effect described in subsection (a) shall be deobligated and shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) EXCEPTION FOR HUMANITARIAN ASSISTANCE.—This section shall not be construed as limiting the provision of food, medicine, or other humanitarian assistance to the Cambodian people. SEC. 907. POLITICAL SETTLEMENT IN SRI LANKA.

(a) FINDINGS.—The Congress finds that— (1) the Government and people of Sri Lanka and the Government and people of the United States share a common devotion to independence, democracy, and human rights; (2) the United States is concerned over the armed clashes between the security forces of the Government of Sri Lanka and some Sri Lankans who seek through violent means, including terrorist attacks, to divide that nation; (3) there have been acts of terrorism committed against members of the Sri Lankan security forces, as well as against civilians, and there have been human rights abuses by members of the security forces against civilians, particularly Tamils, despite the efforts of the Government, which the Congress believes must be intensified, to put an end to those abuses; (4) the differences and grievances in Sri Lanka cannot be resolved through the use of force; and (5) the United States is a proud participant through its economic assistance programs in Sri Lanka's highly regarded development efforts and looks forward to enhanced cooperation and assistance in the context of a political settlement in Sri Lanka leading to the kind of peaceful climate in which additional aid could be effectively utilized. (b) POLITICAL SETTLEMENT.—It is, therefore, the sense of the Congress that— (1) all parties in Sri Lanka, from all communities in and out of government, should renew their efforts to achieve a joint political settlement which meets the legitimate concerns of all the people of Sri Lanka, while preserving the territorial inttjgrity of Sri Lanka; and (2) all parties outside Sri Lanka should do nothing which would impede progress toward such a settlement. SEC. 908. UNITED STATES POLICY TOWARD THE REPUBLIC OF KOREA.

(a) FINDINGS.—The Congress finds that— (1) the Government of the Republic of Korea has taken several significant and encouraging steps in liberalizing the political system in that country; (2) among the steps which have facilitated a more democratic environment are the release of hundreds of student demonstrators, the lifting of a political ban on more than 300 opposition leaders, and the holding of a vigorously contested election for the National Assembly in which the opposition made substantial gains; (3) despite these steps, the people of the Republic of Korea, who have become increasingly better educated and prosperous as a result of Korea's extraordinarily rapid economic development, have the desire and the capability to participate more

99 STAT. 269

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