Page:United States Statutes at Large Volume 104 Part 5.djvu/326

 104 STAT. 3648 PUBLIC LAW 101-624—NOV. 28, 1990 military forces of a country in exceptional circumstances in which— "(i) nonmilitary channels are not available for such handling or distribution; "(ii) such action is consistent with the requirements of paragraph (1); and '(iii) the Secretary or the Administrator, as appropriate, determines that such action is necessary to meet the emergency health, safety, or nutritional requirements of the recipient population. "(C) REPORT.— Not later than 30 days after an authorization is provided under subparagraph (B), the Secretary or the Administrator, as appropriate, shall prepare and submit to the appropriate Committees of Congress a report concerning such authorization and include in any such report the reason for the authorization, including an explanation of why no alternatives to such handling or distribution were available. "(3) ENCOURAGEMENT OF SAFE PASSAGE. —When entering into agreements under this Act that involve areas within recipient countries that are experiencing protracted warfare or civil strife, the Secretary or the Administrator, as appropriate, shall, to the extent practicable, encourage all parties to the conflict to permit safe passage of the commodities and other relief supplies and to establish safe zones for medical and humanitarian treatment and evacuation of injured persons, "( j) VIOLATIONS OF HUMAN RIGHTS.— "(1) INELIGIBLE COUNTRIES.—The Secretary or the Administrator, as appropriate, shall not enter into any agreement under this Act to provide agricultural commodities, or to finance the sale of agricultural commodities, to the government of any country determined by the President to engage in a consistent pattern of gross violations of internationaly recognized human rights, including— "(A) the torture or cruel, inhuman, or d^rading treatment or punishment of individuals; "(B) the prolonged detention of individuals without chaises; "(C) the responsibility for causing the disappearance of individuals through the abduction and clandestine detention of such individuals; or "(D) other flagrant denials of the right to life, liberty, and the security of persons. "(2) WAIVER. — Paragraph (1) shall not prohibit the provision of assistance to such a country if the assistance is tai^eted to the most needy people in such country and is made available in such country through channels other than the government. "(k) ABORTION PROHIBITION.—Local currencies that are made available for use under this Act may not be used to pay for the peiformance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. 7 USC 1734. "SEC. 404. AGREEMENTS. "(a) IN GENERAL.— Before entering into agreements under titles I and ni for the provision of commodities, the Secretary or the Administrator, as appropriate, shall consider the extent to which the recipient country is undertaking measures for economic develop-

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