Page:United States Statutes at Large Volume 104 Part 4.djvu/1038

 104 STAT. 3354 PUBLIC LAW 101-623—NOV. 21, 1990 that contains specific, quantitative and qualitative, performance criteria with respect to those programs; Human rights. (2) the armed forces and law enforcement agencies of that country are not engsiged in a consistent pattern of gross violations of internationaly recognized human rights, and the government of that country has made significant progress in protecting internationaly recognized human rights, particularly in— (A) ensuring that torture, cruel, inhuman, or degrading treatment or punishment, incommunicado detention or detention without charges and trial, disappearances, and other flagrant denials of the right to life, liberty, or security of the person, are not practiced; and (B) permitting an unimpeded investigation of alleged violations of internationaly recognized human rights, including providing access to places of detention, by appropriate international organizations (including nongovernmental organizations such as the International Committee of the Red Cross) or groups acting under the authority of the United Nations or the Organization of American States; and (3) the government of that country has effective control over police and military operations related to counternarcotics and counterinsurgency activities. President. (b) NOTIFICATIONS TO CONGRESS. —Not less than 15 days before funds are obligated pursuant to section 2(a) or section 3(a), the President shall transmit to the congressional committees specified in section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1) a written notification in accordance with the procedures applicable to reprogrammings under that section. Such notification shall specify— (1) the country to which the assistance is to be provided; (2) the type and value of the assistance to be provided; (3) in the case of assistance provided pursuant to section 3(a), the law enforcement or other units that will receive the assistance; and (4) an explanation of how the proposed assistance will further— (A) the objectives specified in subsection (a) of this section, and (B) in the case of assistance under section 3(a), the purposes specified in section 3(b). (c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM.— Assistance authorized by section 2(a) and section 3(a) shall be coordinated with assistance provided under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 and following; relating to international narcotics control assistance). (d) CONDITIONAL WAIVER OF BROOKE-ALEXANDER AMENDMENT.— For fiscal year 1991, section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) and section 518 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, shall not apply with respect to narcotics-related assistance for an Andean country, provided the President has made the determination described in subsection (a) of this section. (e) AUTHORITY TO WAIVER REQUIREMENT TO WITHHOLD 50 PERCENT OF ASSISTANCE PENDING CERTIFICATION. —Section 481(h)(l)(A) of the

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