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Introduced in Senate (12/04/1987)

Foreign Assistance, Export Financing, and Related Program Appropriations Act, 1988 - Title I: Multilateral Economic Assistance - Makes appropriations for FY 1988 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development; (2) International Development Association; (3) International Finance Corporation; (4) Multilateral Investment Guarantee Agency; (5) Inter-American Development Bank; (6) Asian Development Bank; (7) African Development Fund; and (8) African Development Bank. Limits the callable capital subscriptions of the United States to the: (1) International Bank for Reconstruction and Development; (2) Multilateral Investment Guarantee Agency; (3) Inter-American Development Bank; (4) Asian Development Bank; and (5) African Development Bank.

Makes appropriations for FY 1988 for international organizations and programs. Sets forth the method of allocating such funds.

Title II: Bilateral Economic Assistance - Makes appropriations for FY 1988 for the Agency for International Development for: (1) agriculture, rural development, and nutrition programs, including amounts earmarked for new projects using surplus dairy products, for the Vitamin A Deficiency Program, for agricultural projects in Poland which are managed by the Catholic Church, and for the North American Waterfowl Plan; (2) population programs with a prohibition against funding programs that support coercive abortion or involuntary sterilization; (3) health programs; (4) an international AIDS prevention and control program; (5) the Child Survival Fund; (6) education and human resources programs, including amounts earmarked for programs in basic primary and secondary education, the Caribbean Law Institute, the Center for Inter-American Leadership, and the International Student Exchange Program; (7) environment, energy, and selected development activities, including amounts earmarked for cooperative projects among the United States, Israel, and developing countries, the Central American Rural Electrification Support Project, and rural electrification activities for the Caribbean; (8) science and technology programs; (9) programs of credit and other assistance for microenterprises in developing countries; (10) assistance for sub-Saharan Africa; (11) assistance for southern Africa; (12) assistance for the Philippines; (13) the Private Sector Revolving Fund, including a limit on obligations during FY 1988; (14) loan allocation programs; (15) American schools and hospitals abroad; (16) international disaster assistance; (17) payment to the Foreign Service Retirement and Disability Fund; (18) the operating expenses of the Agency for International Development (AID), including a requirement that not less than ten percent of the total FY 1988 development funds be available only for activities of economically and socially disadvantaged enterprises, historically black colleges and universities, and private and voluntary organizations which are controlled by black Americans, Hispanics, Native Americans, or economically and socially disadvantaged individuals (including women); (19) the operating expenses of the Office of Inspector General of the AID; (20) housing and other credit guaranty programs; and (21) the Economic Support Fund. Prohibits making any development assistance funds available to any U.S. private and voluntary organization which obtains less than 20 percent of its total annual funding for international activities from sources other than the Federal Government.

Limits the use of the Economic Support Fund appropriations, including earmarking specified amounts for: (1) Israel; (2) Egypt; (3) Pakistan; (4) the Philippines, including funds to assist in the implementation of agrarian reform if certain conditions are met; (5) Morocco; (6) Tunisia; (7) Cyprus; (8) Ireland; (9) El Salvador, including funds for investigations into the murder of U.S. citizens in El Salvador; (10) Guatemala; (11) Costa Rica; (12) Honduras; (13) Jordan; (14) sub-Saharan Africa; (15) the Administration of Justice program, which includes funds for programs in Haiti and Guatemala; and (16) financing tied aid credit programs. Declares that the funds to be made available to Egypt are made available with the understanding that Egypt will undertake significant economic reforms. Expresses the sense of the Congress that the recommended levels of aid for Egypt and Israel are based in great measure on their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty.

Requires that any funds provided under the Administration of Justice program to a foreign country as cash transfer assistance be maintained in a separate account and not commingled with any other funds, with exceptions for assistance to Israel and countries who are members of the North Atlantic Treaty Organization (NATO).

Requires that all Economic Support Fund assistance made available to tied aid credit programs be subject to the regular notification procedures of the Appropriations Committees.

Makes appropriations for FY 1988 for the: (1) African Development Foundation; (2) Inter-American Foundation; (3) Overseas Private Investment Corporation (OPIC); and (4) Peace Corps. Amends the Peace Corps Act to direct the Director of the Peace Corps to encourage, facilitate, and assist activities carried out by former volunteers, agencies, organizations, and individuals to promote Americans' understanding of other peoples.

Makes appropriations for FY 1988 to the Department of State for: (1) international narcotics control; (2) migration and refugee assistance (earmarks specified amounts of appropriations to assist refugees settling in Israel, for the construction of educational facilities for North African Jewish refugees in France, for the refugee admissions program, for educational programs at refugee camps in Thailand, and for the expedited resettlement of Vietnamese Americans eligible for refugee benefits); and (3) anti-terrorism assistance. Prohibits the use of appropriated funds to assist the migration of any person not having a security clearance to any Western nation.

Title III: Military Assistance - Makes appropriations for FY 1988 for: (1) military assistance, with specified amounts earmarked for the Philippines, Thailand, Morocco, Tunisia, and Guatemala; (2) international military education and training programs; (3) foreign military credit sales, with specified amounts earmarked for Israel, Egypt, Pakistan, Morocco, Turkey, and Greece; (4) the Guaranty Reserve Fund; and (5) peacekeeping operations.

Authorizes the President to: (1) transfer existing U.S. guaranties of outstanding Foreign Military Credit Sales debt to obligations issued by private U.S. financial institutions to finance prepayment of existing Foreign Military Credit Sales loans, loan guaranties, or arrearages, or issue new guaranties for new obligations by such institutions to finance such prepayments; and (2) accept such prepayments, provided the guaranties satisfy specified conditions. Prohibits the lender or the Treasury from charging any prepayment penalty exceeding a standard fee for costs or any guaranty fee on transferred guaranties.

Declares that any country which during a period in excess of one year is in default in payment to the United States of principal or interest on any loan made to such country guaranteed by the United States shall be deemed to be in default. Directs the Secretary of Defense to issue regulations within 30 days of the enactment of this Act, and to: (1) facilitate the prepayment or purchase of such loans and loan advances; (2) provide for full processing of each prepayment or purchase request within 30 days of its submission to the Secretary; and (3) except as provided in the Arms Export Control Act, impose no restriction that increases the cost to the borrower of obtaining private financing for prepayment or purchase, or that inhibits the ability of the borrower to enter into prepayment or purchase agreements, under this Act.

Limits the amount that may be obligated for the Special Defense Acquisition Fund during FY 1988.

Title IV: Export Assistance - Makes appropriations for FY 1988 for the Export-Import Bank to make certain expenditures and certain contracts and commitments. Prohibits the use of such funds to make expenditures, contracts, or commitments for nuclear exports to a country other than a nuclear-weapon State. Sets the maximum amounts for direct loans and guarantees by the Export-Import Bank. Limits the amount that the Export-Import Bank may spend for administrative expenses.

Makes appropriations for FY 1988 for the trade and development program and for the trade credit insurance program.

Title V: General Provisions - Prohibits using any of the funds appropriated in this Act, other than appropriations for international organizations and programs, for certain water or related land resource projects proposed for construction within the United States. Prohibits the obligation of more than 15 percent of any appropriation item during the last month of availability, except for international disaster assistance and the United States Emergency Refugee and Migration Assistance Fund. Prohibits using any of the funds appropriated by this Act or any of the counterpart funds generated by this Act to pay pensions, annuities, retirement pay, or adjusted service compensation to persons serving in the armed forces of a recipient country. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (2) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations.

Sets the maximum amounts of the funds appropriated or made available by this Act that shall be used for official residence expenses, entertainment expenses, and representation allowances of AID. Prohibits using funds appropriated or made available pursuant to this Act to finance the export of nuclear equipment, fuel, or technology.

Prohibits using funds appropriated by this Act to: (1) help the government of any country repress the legitimate rights of its population; (2) finance aid or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, Iran, or Syria; or (3) finance aid to any country whose duly elected head of government is deposed by military coup.

Prohibits obligating funds made available by this Act under an appropriation account to which they were not appropriated without the prior approval of both congressional Appropriations Committees. Continues the availability of certain AID funds, provided the Appropriations Committees are notified.

Prohibits using funds appropriated by this Act: (1) for publicity or propaganda purposes within the United States not authorized before enactment of this Act; and (2) to furnish assistance to a country which is in default for more than a year on a loan made by the United States pursuant to a program for which funds are appropriated under this Act, except for certain development assistance.

Prohibits appropriations contained in this Act from remaining available after the expiration of the current fiscal year unless expressly provided in this Act.

Prohibits making available any of the funds appropriated or made available pursuant to this Act to any international financial institution whose U.S. representative: (1) cannot upon request obtain the amounts and names of borrowers for all loans of such institution; or (2) cannot upon request obtain any document developed by the management of such institution.

Prohibits using funds appropriated for direct assistance, Export-Import Bank funds, and Overseas Private Investment Corporation funds to finance any loan or other assistance for establishing or expanding production of any commodity for export by any country other than the United States if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity. Provides that such prohibition shall not apply to the Export-Import Bank if the benefits to U.S. industry and employment are likely to outweigh injury to U.S. producers. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose assistance by these institutions for the production or extraction of any commodity for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity.

Prohibits using specified funds made available under this Act for operations not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for FY 1988 unless the Appropriations Committees are notified 15 days in advance.

Limits expenditures for consulting services through procurement contracts.

Prohibits using funds appropriated under this Act to lobby for abortion.

Prohibits any of the international organizations and programs funds from being available for the U.S. proportionate share of any programs for the Palestine Liberation Organization (PLO), the Southwest African Peoples Organization, Libya, Iran, or, at the discretion of the President, certain communist countries.

Requires the President to report to the Congress annually on the degree of support of each foreign country for U.S. foreign policy. Prohibits making any foreign aid funds available to a country which is engaged in a consistent pattern of opposition to U.S. foreign policy.

Authorizes Israel to use any loan which is or was made available to it under the Arms Export Control Act and for which repayment is or was forgiven before using any other loan made available under such Act.

Prohibits U.S. employees from recognizing or negotiating with the PLO or representatives of the PLO so long as the PLO does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism.

Declares that it is U.S. policy that the Economic Support Fund assistance provided to Israel shall not be less than the annual debt repayment from Israel to the United States.

Prohibits ceilings or earmarks contained in this Act from being applied to funds made available by subsequent Acts unless such subsequent Acts specifically so direct.

Requires the President, in making determinations pursuant to this Act, to take into account the extent to which the Governments of Peru and Jamaica are sufficiently responsive to U.S. Government concerns on drug control, and whether assistance for such countries is in the U.S. national interest. Requires the President to consider, with respect to such determinations in the case of Bolivia, the extent to which the Government of Bolivia has: (1) engaged in narcotics interdiction operations which have significantly disrupted the illicit coca industry in Bolivia, or has continued to cooperate with the United States in such operations; and (2) either met the eradication targets for the 1985 calendar year contained in its 1983 narcotics agreements with the United States or has adopted a plan to eliminate illicit narcotics cultivation, production, and trafficking countrywide, and has entered into an agreement of cooperation with the United States for implementing that plan for 1988 and beyond, and is making substantial progress toward the plan's objectives.

Prohibits using authorities of the Foreign Assistance Act of 1961 and the Arms Export Control Act to provide, or issue export licenses for, any helicopters or other aircraft for military use to any country in Central America unless specified congressional committees are notified at least 15 days in advance. Directs the Secretary of State to promptly notify such committees whenever such aircraft is provided to any such country by any foreign country.

Prohibits using funds provided in this Act for Guatemala in Guatemala's rural resettlement program, except through regular notification procedures.

Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks (MDB's) to continue to vigorously promote a commitment of these institutions to: (1) add qualified staff with expertise, and strengthen existing staffs' training, in ecology and related areas; (2) develop and implement plans to ensure systematic environmental review of all projects; (3) fully inform and involve host country environmental and health officials, and nongovernmental environmental and indigenous peoples organizations at all stages of environmental projects; (4) substantially increase the proportion of lending to programs and projects including technical assistance to environmental ministries, light capital technology, and natural resources protection.

Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the MDB's and the International Monetary Fund (IMF) to: (1) promote the requirement that all country lending strategies, policy-based loans, and adjustment programs contain analyses of the impact of such activities on the natural resources, potential for sustainable development, and legal protections for the land rights of indigenous peoples; (2) promote policy-based lending programs to improve natural resource management, environmental quality, and protection of biological diversity; and (3) seek a commitment of these institutions to promote wetlands and tropical forest conservation.

Directs the Secretary of the Treasury to undertake an analysis of potential initiatives to enable developing countries to repay portions of their outstanding debt through investments in conservation activities, and to report his findings and implementation plan for such initiatives to the appropriation committees. Specifies possible initiatives.

Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the MDB's to initiate discussions to propose that policies be established favoring integrated pest management and biological control of pests on all bank sponsored agricultural projects.

Directs the Secretary of State and the Administrator of AID to: (1) initiate discussions with donor nations to explore ways in which they can support the addition of professionals trained in environmental and sociocultural impact analysis to specified regional development banks; and (2) provide staff and resources for such purpose.

Directs the Secretary of the Treasury and the Secretary of State to engage in discussions with other members of the MDB's to strengthen the environmental performance of each bank.

Directs the Administrator of AID to continue, and work to enhance, the "early warning system."

Prohibits making development assistance funds available to: (1) pay for abortions as a method of family planning or to motivate or coerce any person to practice abortions; (2) pay for involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilization; (3) pay for biomedical research which relates to the methods of, or performance of, abortions or involuntary sterilization as a means of family planning; or (4) any country or organization if the use of such funds by such country or organization would violate any of the abortion or involuntary sterilization provisions. Reaffirms the congressional commitment to population, development assistance, and to the need for informed voluntary family planning.

Earmarks for the Afghan people a specified amount of the development assistance and Economic Support Fund assistance appropriated by this Act.

Requires the President to make available to the Cambodian non-communist resistance forces a specified amount of the funds appropriated by this Act for military assistance and for the Economic Support Fund.

Prohibits making any of the funds appropriated by this Act available to a private voluntary organization which fails to provide the records necessary for an AID audit.

Withholds a specified amount of military aid from El Salvador until the President reports to the Appropriations Committees that El Salvador has: (1) substantially concluded all investigations with respect to those responsible for the January 1981 murders of specified U.S. and Salvadoran land reformers; and (2) pursued all legal avenues to bring to trial those responsible for such murders and to obtain a verdict.

Expresses the sense of the Congress that all countries receiving U.S. foreign aid should cooperate in facilitating lasting solutions to refugee situations.

Calls upons the President to: (1) direct AID to work in a global effort to provide enhanced support toward achieving the goal of universal access to childhood immunization by 1990; and (2) appeal to the U.S. private sector to support efforts to reach this goal.

Prohibits making any of the funds appropriated by this Act available for any costs associated with Ethiopia's forced resettlement program.

Prohibits obligating or expending funds appropriated by this Act for Jamaica or Ecuador except as provided through the regular notification procedures of the Committees on Appropriations.

Defines "program," "project," and "activity." Allows up to an additional $5,000,000 of the funds made available by this Act to be used to reimburse Federal and State agencies, and institutions of higher learning, for the cost of up to 30 employees detailed or assigned to AID to carry out child survival activities.

Permits the transfer of funding not used for assistance because a country has not taken adequate steps to halt illicit drug production or trafficking to those countries which have met drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking.

Provides for the development of a coordinated economic development program for the assistance activities of the Inter-American Development Bank.

Expresses the sense of the Congress that the United States should oppose all loans to Chile from multilateral development institutions, except those for basic human needs, until: (1) Chile has ended its pattern of gross abuse of internationally recognized human rights; and (2) significant steps have been taken by Chile to restore democracy. Prohibits obligating or expending funds made available by this Act, for the Economic Support Fund or for military assistance, for Chile.

Prohibits any of the development assistance funds appropriated from being made available for any testing or other effort in connection with the production in a foreign country of an agricultural commodity for export which would compete with a similar commodity produced in the United States. Excludes from such prohibition activities designed to increase food security in developing countries, if such activities will not have a significant impact on U.S. agricultural exports, and research activities intended primarily to benefit American producers.

Prohibits the obligation of funds provided in this Act for AID, except Caribbean Basin Initiative funds, to: (1) procure studies for, or project profiles of potential investment in, the manufacture for export to the United States or to third country markets in competition with U.S. exports of import-sensitive articles; or (2) assist directly in the establishment of facilities for the manufacture of such articles.

Prohibits indirect funding to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, or Syria, unless the President certifies that the withholding of such funds is contrary to the national interest.

Sets conditions for release of funds for assistance to Liberia. Extends the reciprocal leasing provision of the Arms Export Control Act through FY 1988.

Amends the Foreign Assistance Act of 1961 to prohibit any country in South Asia which the President determines is producing weapons grade enriched uranium or separated plutonium in unsafeguarded facilities from receiving U.S. assistance or obtaining an export license for the purchase of sophisticated U.S. equipment or technology with possible military application, until such time as the President has certified to the Congress that the country has ceased producing such materials or has placed such facilities under international safeguards. Provides for U.S. opposition to certain multilateral assistance to such countries. Sets conditions for waiver of the prohibitions, and sets forth reporting requirements.

Sets a time limit on the President's special authority to draw down defense equipment.

Requires the Department of Defense (DOD) to notify the Appropriations Committees prior to providing excess DOD articles for such purposes.

Authorizes obligating and expending funds under this Act notwithstanding provisions of the State Department Basic Authorities Act of 1956.

Declares congressional objectives in El Salvador and sets forth Presidential reporting requirements.

Amends the Foreign Assistance Act of 1961 to require that any agreement for the sale or provision of any article on the United States Munitions List expressly state that such article is being provided with the expectation that it will not be transferred to, or otherwise used to further the severance of, Cyprus. Requires the President to report to the Congress any substantial evidence that equipment so provided has been used in a manner inconsistent with the purposes of this provision.

Provides for notification to the Congress on debt relief agreements.

Directs that Middle East regional cooperative programs continue to be funded at a level of not less than $5,000,000 from Economic Support Fund appropriations, not less than $500,000 of which is to be made available for scholarships.

Makes funds available in accordance with the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 to achieve greater efficiency of operations and effect changes in program operations.

Provides assistance to the people of Lebanon, through U.S. nongovernmental or international organizations.

Express the sense of the Congress that the Government should use its influence in the Asian Development Bank to secure reconsideration of that institution's decision to designate Taiwan as Taipei, China, and to resolve the dispute in a fashion that is acceptable to Taiwan.

Prohibits making funds available to facilitate the sale of M-833 antitank shells, or comparable antitank shells, containing a depleted uranium penetrating component to any country other than a NATO country or major non-NATO ally.

Allows earmarked funds to be reprogrammed for other programs within the same account if compliance with the earmark is made impossible by operation of any provision of this or any other Act, subject to the regular notification procedures of the Appropriations Committees.

Prohibits assistance to Haiti, unless a civilian, freely elected government is in power in Haiti.

Sets forth conditions for assistance to Panama. Prohibits the import of sugars, syrups, or molasses from Panama, unless the President certifies that certain conditions are met. Provides for reallocation of quota amounts. Makes conforming amendments to the Tariff Schedules of the United States.

Amends the Arms Export Control Act to allow commercial leasing of defense articles from U.S. commercial suppliers if the President determines that there are compelling foreign policy or national security reasons for providing such defense articles by commercial lease rather than by government-to-government sale.

Prohibits the sale, lease, donation, or the direct or indirect making available of Stinger antiaircraft missiles to governments in the Persian Gulf region during FY 1988.

Expresses the sense of the Congress with respect to human rights in Cuba and the alleged failure of the United Nations to adequately address the issue.

Provides for U.S. opposition to assistance to terrorist countries by international financial institutions. Prohibits bilateral assistance to such countries.

Declares the U.S. policy toward Chile and urges the Government of Chile to end military rule and take steps to make the transition to democracy.

Provides assistance for implementation of the Central American (Guatemala City) peace initiative, through support for such activities as verification and monitoring.

Amends the Foreign Assistance Act of 1961 to permit Administration of Justice assistance for countries in Latin America and the Caribbean to be used for programs: (1) to assist in the development of academic instruction and curricula for training law enforcement personnel; (2) to improve the administrative and management capabilities of law enforcement agencies; and (3) to improve penal institutions and the rehabilitation of offenders. Prohibits DOD and U.S. armed forces personnel from participating in such training. Extends authority for such assistance through FY 1989.

Amends the Arms Export Control Act to permit cooperative training agreements with major non-NATO allies.

Authorizes making available up to $500,000 of the non-convertible Polish currencies held by the United States, which have been generated by the sale to Poland of surplus U.S. dairy products, for the Research Center on Jewish History and Culture, Krakow, Poland, established for the study of the Holocaust.

Declares the U.S. policy of making available excess defense articles to maintain the military balance in the eastern Mediterranean. Sets forth a formula for assistance to Greece and Turkey.

Provides for import assistance for Caribbean Basin Initiative (CBI) beneficiary countries and the Philippines.

Sets forth conditions for the admission of Amerasian immigrants to the United States.

Amends the Foreign Assistance Act of 1961 to measure cooperation between the United States and a country receiving assistance, in fighting illicit drug trafficking, against goals agreed to in applicable bilateral narcotics agreements. Declares that, from the date of enactment of this Act until February 28, 1990, a foreign country will not be considered to have fully cooperated with the United States for purposes of determining whether to withhold assistance under the Foreign Assistance Act of 1961 unless the President certifies that such a bilateral narcotics agreement is in force with respect to that country.

Provides for the appointment of a special ambassador to facilitate a peaceful settlement on Cyprus. Sets forth a Presidential reporting requirement on progress made toward a resolution of issues affecting the Aegean region. Provides for funding of administrative costs out of appropriations allocated for Greece and Turkey.

Expresses the sense of the Congress that the practice of detaining children without charge or trial is inhumane and must be ended.

Prohibits U.S. assistance for Haiti unless a civilian, freely elected government is in power in Haiti. Excludes certain assistance from the definition of "U.S. assistance."