Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 - Title I: Multilateral Economic Assistance - Makes appropriations for FY 1989 for the U.S. contribution to the: (1) International Development Association; (2) International Finance Corporation; (3) Asian Development Fund; (4) African Development Fund; and (5) African Development Bank. Limits the callable subscriptions of the United States to the African Development Bank.

Makes appropriations for FY 1989 for international organizations and programs. Sets forth the method of allocating such funds.

Title II: Bilateral Economic Assistance - Makes appropriations for FY 1989 for the Agency for International Development for: (1) agriculture, rural development, and nutrition programs (including amounts earmarked for new development projects utilizing surplus dairy programs, the Vitamin A Deficiency Program, and agricultural activities in Poland which are managed by the Polish Catholic Church and other nongovernmental organizations); (2) population programs (prohibiting funding programs of coercive abortion or involuntary sterilization); (3) health programs; (4) activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries; (5) the Child Survival Fund; (6) education and human resources development (including funds for the Caribbean Law Institute); (7) private sector, environment, and energy development (including amounts earmarked for cooperative projects among the United States, Israel, and developing countries); (8) science and technology programs; (9) sub-Saharan Africa development assistance; and (10) assistance for sector projects supported by the Southern African Development Coordination Conference (SADCC) to enhance the economic development of the member States of the SADCC. Earmarks specified funds for: (1) micro-enterprise development; (2) child survival activities for sub-Saharan Africa; (3) assistance for displaced children; (4) assistance to promote the participation of women in the development process in developing countries; and (5) project and sector assistance in the Philippines. Makes appropriations for: (1) the private sector revolving fund; (2) American schools and hospitals abroad; (3) international disaster assistance (including amounts for assistance for children who have become orphans as a result of drought and famine in sub-Saharan Africa); (4) payments to the Foreign Service Retirement and Disability Fund; (5) operating expenses of the Agency for International Development (requires that a specified amount of development assistance be used 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, Hispanic Americans, Native Americans, or economically and socially disadvantaged individuals); (6) the operating expenses of the Office of Inspector General of the Agency for International Development; and (7) the Economic Support Fund. Limits obligations for housing and other credit guarantee programs.

Prohibits making any development assistance funds available to any U.S. private and voluntary organization which obtains less than 20 percent of its annual funding for international activities from sources other than the U.S. Government.

Limits the use of Economic Support Fund appropriations, including earmarking specified amounts for: (1) Israel; (2) Egypt; (3) Pakistan; (4) the Philippines; (5) Morocco; (6) Tunisia; (7) Portugal; (8) Cyprus; (9) the International Fund for Ireland; (10) El Salvador; (11) Guatemala; (12) Costa Rica; (13) Honduras (withholds a specified amount of funds for Honduras until the Secretary of State notifies the Congress that the Government of Honduras has agreed to reimburse the United States for the damage done to the U.S. Embassy facility in Tegucigalpa); (14) Jordan; (15) the West Bank and Gaza Program; (16) sub-Saharan Africa; (17) El Salvador for the purpose of bringing to justice those responsible for the murders of U.S. citizens in El Salvador; (18) the Administration of Justice program; (19) tied aid credits; (20) support of the Polish trade union Solidarity; and (21) the National Endowment for Democracy for the promotion of democracy in Nicaragua (provided such funds are administered consistent with the Sapoa Agreement and the Guatemala Peace Accords and are provided to internal groups that have renounced violence and are not provided to any group that is affiliated with or supportive of any armed opposition group). Expresses the sense of the Congress that the recommended levels of assistance for Egypt and Israel are based upon their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty.

Makes appropriations for FY 1989 for the: (1) African Development Foundation; (2) Inter-American Foundation; and (3) Peace Corps.

Authorizes expenditures, contracts, and commitments and limits FY 1989 obligations for and guarantees of loans by the Overseas Private Investment Corporation.

Makes appropriations for FY 1989 to the Department of State for: (1) international narcotics control; (2) migration and refugee assistance (prohibiting the use of appropriated funds to assist the migration of any person not having a security clearance to any western nation and earmarks specified amounts of appropriations to assist refugees settling in Israel, to resettle Vietnamese Americans, and for the administrative expenses of the Office of Refugee Programs); (3) the emergency refugee and migration assistance fund; and (4) anti-terrorism assistance.

Title III: Military Assistance - Makes appropriations for FY 1989 for: (1) military assistance (earmarks a specified amount of funds for the Philippines, provided that if funds are provided to Turkey a certain amount of funds must be provided to Greece, and limits any assistance to Haiti to nonlethal items); (2) international military education and training; (3) foreign military credit sales (earmarks specified amounts of appropriated funds for Israel, Egypt, and Pakistan); (4) foreign military sales debt reform; and (5) peacekeeping operations.

Authorizes the Secretary of Defense to issue obligations to the Secretary of the Treasury to fund the General Reserve Fund. Limits obligations of the Special Defense Acquisition Fund.

Title IV: Export Assistance - Authorizes the Export-Import Bank of the United States to make expenditures within the limits of funds and borrowing authority available to such corporation and to make any necessary contracts and commitments. Prohibits the use of Bank funds to make expenditures, contracts, or commitments for nuclear exports to a country other than a nuclear-weapon State. Limits gross obligations for the principal amount of direct loans for FY 1989. Limits the amount that the Bank may spend for administrative expenses.

Makes appropriations for FY 1988 for the trade and development program. Limits total commitments to guarantee or insure loans for the trade credit insurance program.

Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for "International Organizations and Programs") for any water or related land resource project or program which has not met specified standards and criteria for such project proposed for construction in the United States.

Limits the percentage of appropriations, with specified exception, that may be obligated or reserved during the last month of availability.

Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any members 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 the Agency for International Development (AID). Prohibits using certain funds appropriated or made available pursuant to the Act to finance the export of nuclear equipment, fuel, or technology.

Prohibits using funds appropriatied by this Act to: (1) help the government of any country repress the legitimate rights of the population; (2) finance aid or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, 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. 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; or (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 and 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 or similar or competing comodity. 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 finance institutions to oppose assistance by these institutions for the production of any commodity for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same or a 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 specified headings for FY 1989, 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 making available any of the international organization and program funds for the U.S. proportionate share for 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.

Prohibits obligating or spending any economic support funds or foreign military sales credit funds for Lebanon except as provided through a specified notification process.

Requires congressional notification prior to the use of military aircraft in Central America.

Expresses the policy of the United States that sustainable economic growth must be predicated on sustainable use of natural resources. Directs the Secretary of the Treasury to instruct U.S. executive directors to the international financial institutions to promote such a policy. Requires the Administrator of AID to prepare and submit to the Congress certain reports and to: (1) issue guidance to all AID missions stating that renewable energy resources and conservation are to be the centerpiece of its energy efforts; and (2) take certain recommended steps to assist developing countries in the proper use of agricultural and industrial chemicals.

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 the congressional or involuntary sterilization provisions. Reaffirms the congressional commitment to population, development assistance, and the need for informed voluntary family planning.

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

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.

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

Calls upon the President to: (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: (1) costs of Ethiopia's forced resettlement or villagization programs; or (2) Sudan, Jamaica, or Somalia except through regular congressional notification procedures.

Defines "program," "project," and "activity" for purposes of this Act.

Earmarks certain appropriated funds for child survival activities and activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries.

Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the Inter-American Development Bank to develop a coordinated economic development plan for assistance activities of the 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 the Government of Chile: (1) ends its practice and pattern of gross abuse of internationally recognized human rights; and (2) takes steps to restore democracy. Prohibits making any of the funds appropriated by this Act available for Chile.

Prohibits making any of the funds appropriated by this Act or any other Act for any testing, study, variety improvement, or certain other activities related to the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States.

Prohibits the use of funds appropriated to the Agency for International Development to procure studies or assist in establishing facilities for the manufacture of articles that compete with U.S. exports. Exempts the Caribbean Basin Initiative program from such prohibition.

Prohibits making any of the funds appropriated by this Act available to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, South Yemen, Iran, or Syria unless the President certifies that the withholding of these funds is contrary to the national interest of the United States.

Conditions assistance for Liberia on certification by the Administrator of AID and the Secretary of State that Liberia has taken steps to improve the economic and political conditions and end human rights violations.

Amends the Arms Export Control Act to extend waiver authority with respect to reciprocal leasing agreements through FY 1989.

Requires delivery of defense equipment (permitted under special authority during unforeseen emergencies) within 120 days of congressional notification.

Sets forth additional notification requirements with respect to the transfer of excess defense equipment to NATO.

Prohibits the obligation of funds appropriated in this Act until the appropriate authorization Acts have been signed into law.

Requires the President to submit reports to the Congress detailing the extent to which certain objectives regarding the El Salvador peace process have been met.

Requires the Secretary of State to transmit copies of all debt relief agreements to appropriate congressional committees.

Continues the funding of Middle East regional cooperative programs. Earmarks a specified amount of funds for scholarships for Arab and Israeli students (Arab-Israeli Peace Scholarships).

Earmarks a specified amount of appropriated funds to provide for the people of Lebanon to be made available only through the United Nations Children's Fund, indigenous nongovernmental organizations, or international organizations.

Expresses the sense of the Congress that: (1) the U.S. Government should use its influence in the Asian Development Bank to secure reconsideration of the decision to designate Taiwan as "Taipei"; and (2) the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan.

Prohibits making any of the funds appropriated by this Act available for the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than: (1) one which is a member of NATO; or (2) one which has been designated as a major non-NATO ally.

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

Prohibits the use of any funds during FY 1989 for assistance to Haiti unless the democratic powers set forth in the Haitian Constitution, especially as it relates to the provisional Electoral Council, are being fully and faithfully adhered to by the Government of Haiti. Expresses the sense of the Congress that the President should impose certain other sanctions on Haiti.

Prohibits making any of the funds appropriated by this Act available for assistance to Panama unless the President certifies to the Congress that: (1) progress has been made in assuring civilian control of the Panamanian Defense Forces; (2) an impartial investigation is being conducted of allegations of illegal actions by its members; (3) agreement has been reached on conditions for free and fair elections in Panama; and (4) constitutional guarantees are restored to the Panamanian people. Expresses the sense of the Congress that if such conditions are met increased levels of assistance should be considered for Panama. Requires the Secretary of the Treasury to direct U.S. Executive Directors of multilateral development banks to vote against any loan to Panama unless the President makes such certification. Prohibits the import of sugars, syrups, or molasses from Panama, during any period in which a quota is imposed unless the President certifies that constitutional guarantees have been restored to the Panamanian people. Provides for the reallocation of quota amounts.

Prohibits the provision by sale, lease, grant, or otherwise of Stinger antiaircraft missiles to governments in the Persian Gulf region during FY 1989. Allows the provision of such missiles to Bahrain if the President certifies that specified conditions have been met by Bahrain.

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 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.

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

Prohibits making any of the funds appropriated by this Act available to provide military assistance to Mozambique.

Allows the President to waive the principal and interest on the prior liability of developing countries during FY 1990 and 1991. Restricts use of such waiver with respect to relatively least developed countries.

Prohibits the use of any funds appropriated by this Act for any programs to assist in solving the Japanese beetle problem in the Azores.

Releases a certain amount of Economic Support Funds to Honduras in consideration of the Honduran Government's good faith effort to settle the Ramirez case. Provides that if a settlement of such case is reached, an additional amount of funds should be released for Honduras.

Requires that a certain amount of Military Assistance Program funds be returned to the Treasury unless the final printed version of the FY 1990 Congressional Presentation for Security Assistance Programs is received by the Congress by March 1, 1989.

Earmarks a specified amount of funds for scholarships for disadvantaged South Africans.

Provides that the Congress may prevent third-party arms transfers (including commercial sales) by passing a joint resolution of disapproval.

Earmarks a specified amount of Economic Support Fund appropriations for Bolivia, Ecuador, Jamaica, and Peru.

Earmarks a specified amount of military assistance program appropriations for Bolivia, Ecuador, Jamaica, and Colombia. Earmarks an additional amount of such appropriations for Bolivia, Peru, Colombia, Ecuador, and the regional air wing for use in narcotics control, eradication, and interdiction efforts.

Sets forth the method of reprogramming funds appropriated by this Act for aid to countries which have not taken adequate steps to halt illicit drug production or trafficking.

Requires that any agreement for the sale or provision of any article of the U.S. Munitions List shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus.

Permits the commercial leasing of defense articles by Israel and Egypt if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale.

Specifies that if the President makes available funds appropriated by this Act for the Cambodian non-Communist resistance forces, such funds shall be derived from funds appropriated under the headings "Military Assistance" and "Economic Support Fund" and shall be made available notwithstanding any other provision of law.

Sets forth congressional findings concerning the United Nations Human Rights Commission and its investigation into the human rights situation in Cuba.