Page:United States Statutes at Large Volume 103 Part 2.djvu/229

 PUBLIC LAW 101-167—NOV. 21, 1989 103 STAT. 1239 priations: Provided further. That assistance that is reprogrammed pursuant to this section shall be made available under the same terms and conditions as originally provided. HAITI SEC. 560. (a) SUSPENSION OF ASSISTANCE.—During fiscal year 1990, none of the funds made available by this Act or by any other Act or joint resolution may be obligated or expended to provide United States assistance (including any such assistance appropriated and previously obligated) for Haiti (other than the assistance described in subsection (b) of this section) unless the Government of Haiti has embarked upon a credible transition to democracy— (1) by restoring the 1987 Constitution; (2) by appointing a genuinely independent electoral commis- sion to conduct free, fair, and open elections as soon as possible at all levels, and by giving that commission adequate support; and (3) by taking adequate steps to provide electoral security, (b) EXCEPTIONS.—The term "United States assistance" does not include— (1) assistance, provided through private and voluntary organizations or other nongovernmental agencies, to meet humanitarian and developmental needs or to promote respect for human rights and the transition to democracy; (2) disaster relief assistance (including any assistance under chapter 9 of part I of the Foreign Assistance Act of 1961); (3) assistance for refugees; (4) assistance under the Inter-American Foundation Act; the Peace Corps Act; and under title IV, chapter 2 of part I, of the Foreign Assistance Act of 1961 (relating to the Overseas Private Investment Corporation); (5) assistance necessary for the continued financing of edu- cation for Haitians in the United States; (6) assistance provided in order to enable the continuation of migrant and narcotics interdiction operations; (7) assistance to a genuinely independent electoral commis- sion that is responsible for the holding of elections consistent with the 1987 Constitution; (8) assistance for the prevention of HIV infection and the control of Haiti's AIDS epidemic and for family planning assist- ance; or (9) assistance necessary for the control and eradication of swine flu. (c) NOTIFICATIONS. —None of the funds appropriated in this Act shall be obligated or expended for Haiti except as provided through the regular notification procedures of the Committees on Appropriations. (d) DETERMiNATiON.-Funds may be obligated and expended not- withstanding subsection (a) if the President determines that it is in the national interest of the United States to do so. ASSISTANCE FOR PANAMA SEC. 561. (a) Unless the President certifies to Congress that— 22 USC 2151 (1) the Government of Panama has demonstrated substantial note. progress in assuring civilian control of the armed forces and

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