The text of the bill below is as of Apr 18, 1989 (Passed Congress/Enrolled Bill).
One Hundred First Congress of the United States of America
One Hundred First Congress of the United States of America
AT THE FIRST SESSION
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the third day of January,
one thousand nine hundred and eighty-nine
To implement the Bipartisan Accord on Central America of March 24, 1989.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. POLICY.
The purpose of this Act is to implement the Bipartisan Accord on Central America between the President and the Congress signed on March 24, 1989.
SEC. 2. ADDITIONAL HUMANITARIAN ASSISTANCE.
(a) TRANSFER OF FUNDS- The President may transfer to the Agency for International Development, from unobligated funds from the appropriations accounts specified in section 6--
(1) up to $49,750,000, to provide humanitarian assistance to the Nicaraguan Resistance, to remain available through February 28, 1990;
(2) such funds as may be necessary to provide transportation in accordance with section 3 for assistance authorized by paragraph (1); and
(3) not to exceed $5,000,000 to ‘Operating Expenses of the Agency for International Development’ to meet the necessary administrative expenses to carry out this Act, to remain available through March 31, 1990.
(b) DEFINITION- For purposes of this section and section 3, the term ‘humanitarian assistance’ means--
(1) food, clothing, and shelter;
(2) medical services, medical supplies, and nonmilitary training for health and sanitation;
(3) nonmilitary training of the recipients with respect to their treatment of civilians and other armed forces personnel, in accordance with internationally accepted standards of human rights;
(4) payment for such items, services, and training;
(5) replacement batteries for existing communications equipment; and
(6) support for voluntary reintegration of and voluntary regional relocation by the Nicaraguan Resistance.
SEC. 3. TRANSPORTATION OF HUMANITARIAN ASSISTANCE.
(a) IN GENERAL- The transportation of humanitarian assistance on or after the date of enactment of this Act which, before such date, was specifically authorized by law to be provided to the Nicaraguan Resistance, or which is authorized to be provided by section 2, shall be arranged solely by the Agency for International Development in a manner consistent with the Bipartisan Accord on Central America between the President and the Congress signed on March 24, 1989.
(b) PROHIBITION ON MIXED LOADS- Transportation of any military assistance, or of any assistance other than that specified in 2(b), is prohibited.
SEC. 4. MEDICAL ASSISTANCE.
The President may transfer, in addition to funds transferred prior to March 31, 1989, to the Administrator of the Agency for International Development from unobligated funds from appropriations accounts specified in section 6, up to $4,166,000, to be used only for the provision of medical assistance for the civilian victims of the Nicaraguan civil strife to be transported and administered by the Catholic Church in Nicaragua.
SEC. 5. UNITED STATES POLICY CONCERNING ECONOMIC ASSISTANCE FOR CENTRAL AMERICA.
As part of an effort to promote democracy and address on a long-term basis the economic causes of regional and political instability in Central America--
(1) in recognition of the recommendations of groups such as the National Bipartisan Commission on Central America, the Inter-American Dialogue, and the Sanford Commission;
(2) to assist in the implementation of these economic plans and to encourage other countries in other parts of the world to join in extending assistance to Central America; and
(3) in the context of an agreement to end military conflict in the region;
the Congress encourages the President to submit proposals for bilateral and multilateral action--
(A) to provide additional economic assistance to the democratic countries of Central America to promote economic stability, expand educational opportunity, foster progress in human rights, bolster democratic institutions, and strengthen institutions of justice;
(B) to facilitate the ability of Central American economies to grow through the development of their infrastructure, expansion of exports, and the strengthening of increased investment opportunities;
(C) to provide a more realistic plan to assist Central American countries in managing their foreign debt; and
(D) to develop these initiatives in concert with Western Europe, Japan, and other democratic allies.
SEC. 6. SOURCE OF FUNDS; AND RESCISSION.
(INCLUDING TRANSFERS AND RESCISSION)
(a) SOURCE OF FUNDS- The appropriations accounts from which funds may be transferred pursuant to sections 2 and 4 are the following accounts in amounts not to exceed the following:
(1) Missile Procurement, Army, 1988, $3,500,000.
(2) Procurement of Weapons and Tracked Combat Vehicles, Army, 1987, $12,739,000.
(3) Other Procurement, Army, 1988, $761,000.
(4) Research, Development, Test and Evaluation, Air Force, 1988, $1,902,000.
(5) Weapons Procurement, Navy, 1989, $2,000,000.
(6) Research, Development, Test and Evaluation, Navy, 1989, $13,400,000.
(7) Other Procurement, Air Force, 1987, $32,300,000.
(b) RESCISSION- Of the funds available for Research, Development, Test and Evaluation, Navy, 1989, $10,600,000 is hereby rescinded.
SEC. 7. PROHIBITION ON THE USE OF CERTAIN FUNDS.
(a) MILITARY OPERATIONS- No funds available to any agency or entity of the United States Government under this Act may be obligated or expended pursuant to section 502(a)(2) of the National Security Act of 1947 for the purpose of providing funds, materiel, or other assistance to the Nicaraguan Resistance to support military or paramilitary operations in Nicaragua.
(b) HUMAN RIGHTS AND OTHER VIOLATIONS- No assistance under this Act may be provided to any group that retains in its ranks any individual who has been found to engage in--
(1) gross violations of internationally recognized human rights (as defined in section 502(B)(d)(1) of the Foreign Assistance Act of 1961); or
(2) drug smuggling or significant misuse of public or private funds.
SEC. 8. STANDARDS, PROCEDURES, CONTROLS, AND OVERSIGHT.
(a) ACCOUNTABILITY STANDARDS, PROCEDURES, AND CONTROL- In implementing this Act, the Agency for International Development, and any other agency of the United States Government authorized to carry out activities under this Act, shall adopt the standards, procedures, and controls for the accountability of funds comparable to those applicable with respect to the assistance for the Nicaraguan Resistance provided under section 111 of the joint resolution making further continuing appropriations for the fiscal year 1988 (Public Law 100-202) and title IX of Public Law 100-463. Any changes in such standards, procedures, and controls shall be developed and adopted in consultation with the committees designated in subsection (b).
(b) CONGRESSIONAL OVERSIGHT- Congressional oversight within the House of Representatives and the Senate with respect to assistance provided by this Act shall be within the jurisdiction of the Committees on Appropriations of the House of Representatives and Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate.
(c) EXTENSION OF PREVIOUS PROVISIONS- The provisions of the Act of April 1, 1988 (Public Law 100-276), contained in subsections (b), (d), and (e) of section 4 and in section 5 shall apply to the provision of assistance under this Act except that section 4(d) shall not apply to the Intelligence Community.
SEC. 9. PROHIBITION.
Except as provided in this Act, no additional assistance may be provided to the Nicaraguan Resistance, unless the Congress enacts a law specifically authorizing such assistance.
SEC. 10. REPEAL.
Title IX of Public Law 100-463 is hereby repealed.
SEC. 11. REPORTING REQUIREMENTS.
The Secretary of State shall consult regularly with and report to the Congress on progress in meeting the goals of the peace and democratization process, including the use of assistance provided in this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.