Statement of Administration Policy: H.R. 4636 - Supplemental Assistance for Emerging Democracies Act of 1990

FINAL

(House)
(Fascell (D) Florida)

The Administration supports enactment of legislation to promote democracy in Nicaragua and Panama. Although H.R. 4636 authorizes programs and activities requested by the Administration, it also includes objectionable provisions that raise serious policy concerns and impinge significantly on the ability of the President to conduct foreign policy.

Without modifications to take into account the Administration's concerns regarding the bill's restrictions on military aid to El Salvador, the President's senior advisers would recommend that H.R. 4636 be vetoed. The Moakley amendment is very similar to the restrictions on El Salvador currently in H.R. 4636, and would also cause the President's senior advisers to recommend veto.

Such restrictions would greatly hinder the Administration's ability to work towards peace in El Salvador. The Administration supports, as a substitute, the Broomfield-Byron amendment, which provides sufficient flexibility for providing assistance to El Salvador. Under the Broomfield-Byron amendment, the President shall withhold a portion of military assistance funds for El Salvador if he determines that the Government has not made demonstrated progress in the area of human rights, Jesuit murder investigation, administration of justice, and civilian control over the police.

H.R. 4636 also contains provisions that limit the President's flexibility to respond to changing conditions and to provide for an effective foreign assistance program. Accordingly, the Administration will seek to delete or modify those provisions that:

— Impose numerous conditions, restrictions, and earmarks on regional assistance programs — i. e., particularly the separate policy and program requirements for the Caribbean. These requirements would limit the flexibility needed by the Administration to implement development assistance programs, and are contrary to the recommendations in the House Foreign Affairs Committee Task Force Report on Foreign Assistance.

— Require the President to negotiate certain agreements with the government of Panama or otherwise prescribe the conduct of foreign negotiations.

— Require prior notification or certification to Congress before certain foreign assistance funds could be obligated or expended for specified purposes.

— Earmark funds for the establishment of an Agency for International Development (AID) mission in Namibia, thereby encroaching on the President's authority to conduct diplomatic relations with foreign governments.

— Earmark the Emergency Refugee and Migration Assistance Fund, especially the earmarks for domestic refugee/migrant assistance, thereby precluding the flexibility required to administer such emergency assistance effectively.