TITLE V OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1990
FOREIGN OPERATIONS APPROP. ACT, 1990
Public Law 101–167, as amended
103 Stat. 1195, as amended
TITLE V OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1990
167
119–4
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
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Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990
10633
101
1989-11-21
TITLE V OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1990
[
Public Law 101–167
;
103 Stat. 1195 et seq.
]
[As Amended Through P.L. 119–4, Enacted March 15, 2025]
[Currency: This publication is a compilation of the text of Public Law 101–167. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
TITLE V—

GENERAL PROVISIONS
* * * * * * *

environmental concerns
Sec. 533.
(a)
It is the policy of the United States that sustainable economic growth must be predicated on the sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Directors of each multilateral development bank (MDB) to promote vigorously within each MDB the expansion of programs in areas which address the problems of global climate change through requirements to—
(1)
augment and expand the professional staff of each MDB with expertise in end-use energy efficiency and conservation and renewable energy;
(2)
develop methodologies which allow borrowing countries to include investments in end-use energy efficiency and renewable energy as explicit alternatives in the “least cost” energy sector investments plans they prepare with MDB assistance. Such plans shall give priority to projects and programs which support energy conservation, end-use efficiency and renewable energy sources in major economic sectors, and shall compare the economic and environmental costs of those actions with the economic and environmental costs of investments in conventional energy supplies;
(3)
provide analysis for each proposed loan to support additional power generating capacity, comparing the economic and environmental costs of investments in demand reduction, including energy conservation and end-use energy efficiency, with the economic and environmental costs of the proposal;
(4)
assure that systematic, detailed environmental impact assessments (EIA) of proposed energy projects, or projects with potential significant environmental impacts, are conducted early in the project cycle. Assessments should include but not be limited to—
(A)
consideration of a wide range of alternatives to the proposed project including, where feasible, alternative investments in end-use energy efficiency and non-conventional renewable energy; and
(B)
encouragement and adoption of policies which allow for public participation in the EIA process;
(5)
include environmental costs in the economic assessment of the proposed projects with significant potential environmental impacts, or power projects, and if possible for all projects which involve expansion of generating capacity of more than 10 MW, develop a standard increase in project cost as a surrogate for the environmental costs;
(6)
encourage and promote end-use energy efficiency and renewable energy in negotiations of policy-based energy sector lending, and MDBs should consider not proceeding with policy-based sector loans which do not contain commitments from the borrowing country to devote a significant portion of its sector investments toward energy efficiency and renewable energy;
(7)
provide technical assistance as a component of all energy sector lending to help borrowing countries identify and pursue end-use energy efficiency investments. This technical assistance shall include support for detailed audits of energy use and the development of institutional capacity to promote end-use energy efficiency and conservation;
(8)
work with borrowing countries, with input from the public in both borrowing and donor countries, to develop loans for end-use energy efficiency and renewable energy, where possible “bundling” small projects into larger, more easily financed projects; and
(9)
seek the convening of a special seminar for board members and senior staff of each MDB concerning alternate energy investment opportunities and end-use energy efficiency and conservation.
(b)
The Secretary of the Treasury as a part of the annual report to the Congress shall describe in detail, progress made by each of the MDBs in adopting and implementing programs meeting the standards set out in subsection (a), including in particular—
(1)
efforts by the Department of Treasury to assure implementation by each of the MDBs of programs substantially equivalent to those set out in this section, and results of such efforts;
(2)
progress made by each MDB in drafting and implementing least cost energy plans for each recipient country which meets requirements outlined in subsection (a)(2);
(3)
the absolute dollar amounts, and proportion of total lending in the energy sector, of loans and portions of loans, approved by each MDB in the previous year for projects or programs of end-use energy efficiency and conservation and renewable energy.
(c)
Not later than April 1, 1990, the Secretary of the Treasury shall request each MDB to prepare an analysis of the impact its current forestry sector loans will have on borrowing country emissions of CO_2 and the status of proposals for specific forestry sector activities to reduce CO_2 emissions.
(d)
(1)
The Administrator of the Agency for International Development shall issue guidance to all Agency missions and bureaus detailing the elements of a “Global Warming Initiative” which will emphasize the need to reduce emissions of greenhouse gases, especially CO_2, through strategies consistent with their continued economic development. This initiative shall emphasize the need to accelerate sustainable development strategies in areas such as reforestation, biodiversity, end-use energy efficiency, least-cost energy planning, and renewable energy, and shall encourage mission directors to incorporate the elements of this initiative in developing their country programs.
(2)
The Agency for International Development shall—
(A)
increase the number and expertise of personnel devoted to end-use energy efficiency, renewable energy, and environmental activities in all bureaus and missions;
(B)
devote increased resources to technical training of mission directors, in energy planning, energy conservation, end-use energy efficiency, renewable energy, reforestation, and biodiversity;
(C)
accelerate the activities of the Multi-Agency Working Group on Power Sector Innovation to enable completion of case studies of at least ten countries in fiscal year 1990; and
(D)
devote at least 10 percent of the resources allocated for forestry activities to the preservation and restoration (as opposed to management for extraction) of natural forests.
(3)
Funds appropriated by this Act to carry out the provisions of sections 103 to 106 of the Foreign Assistance Act of 1961 may be used to reimburse the full cost of technical personnel detailed or assigned to, or contracted by, the Agency for International Development to provide expertise in the environmental sector.
(4)
(A)
Section 119(b) of the Foreign Assistance Act of 1961 is amended by inserting “, notwithstanding section 660,” after “this part”.
(B)
Not less than $10,000,000 of the funds appropriated to carry out the provisions of sections 103 through 106 of such Act (including funds for sub-Saharan Africa) shall be made available for biological diversity activities, of which $2,000,000 shall be made available for the Parks in Peril project, pursuant to the authority of section 119(b) and $1,000,000 shall be available for the National Science Foundation's international biological diversity program.
(C)
Funds obligated in prior fiscal years pursuant to the authority of section 119(b) may be expended in fiscal year 1990 pursuant to the authority of such section as amended by subparagraph (A).
(e)
The Secretary of the Treasury shall—
(1)
instruct the United States Executive Directors to the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank, and the International Monetary Fund, to actively support lending portfolios which allow debtor developing countries to reduce or restructure debt in concert with the sustainable use of their natural resources. As a part of any such debt restructuring program, the United States Executive Director should require a thorough review of opportunities this initiative may offer for providing additional financial resources for the management of natural resources. The Secretary shall submit a report to the Committees on Appropriations on the progress of this program by April 30, 1990;
(2)
instruct the United States Executive Directors to the international financial institutions to seek the support of other donor countries in the implementation of this policy; and
(3)
instruct the United States Executive Director to the International Bank for Reconstruction and Development to actively seek the implementation by the World Bank of the recommendations set forth in its April 1, 1988, report on “Debt-for-Nature swaps”, including the setting up of a pilot debt-for-nature swap program in one or more interested countries. The Secretary shall submit a progress report on the implementation of this program to the Committees on Appropriations by April 1, 1990.
(f)
The Secretary of the Treasury shall seek to incorporate natural resource management initiatives throughout the implementation of the Brady Plan. The Secretary shall submit to the Committees on Appropriations a report by April 15, 1990, describing how such initiatives have been incorporated into the Brady Plan and identifying any such initiatives undertaken to date.
(g)
The Secretary of the Treasury shall instruct the United States Executive Director to the Inter-American Development Bank to—
(1)
seek implementation of the environmental reform measures agreed to as part of the Bank's 7th Replenishment;
(2)
seek adoption of Bank policies regarding indigenous people, relations with nongovernmental organizations, and the protection of wildlife and unique natural and cultural features;
(3)
require the Bank to demonstrate how it has improved, and will improve, the monitoring of environmental and social components of loans; and
(4)
within four months after the date of enactment of this Act report to the Committees on Appropriations on the progress the Bank has made in implementing each of these reforms.
* * * * * * *

establishing categories of aliens for purposes of refugee determinations
Sec. 599D.
[8 U.S.C. 1157 note]
(a)

In General.—
In the case of an alien who is within a category of aliens established under subsection (b), the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act, that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution.
(b)

Establishment of Categories.—
(1)
For purposes of subsection (a), the Attorney General, in consultation with the Secretary of State and the Coordinator for Refugee Affairs, shall establish—
(A)
one or more categories of aliens who are or were nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion,
^1
§582(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102–391, October 6, 1992, 106 Stat. 1686) substituted “an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania” for references to “the Soviet Union” in paragraphs (1)(A), (2)(A), and (2)(B). A duplicative amendment was made by section 905(b)(1) of the FREEDOM Support Act (Pub. L. 102–511, October 24, 1992).
(B)
one or more categories of aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account; and
(C)
one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as members of a religious minority in Iran, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion.
(2)
(A)
Aliens who are (or were) nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who are Jews or Evangelical Christians shall be deemed a category of alien established under paragraph (1)(A).
(B)
Aliens who are (or were) nationals of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the religious activities of, the Ukrainian Catholic Church or the Ukrainian Orthodox Church, shall be deemed a category of alien established under paragraph (1)(A).
(C)
Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are members of categories of individuals determined, by the Attorney General in accordance with “Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing” (issued by the Immigration and Naturalization Service in August 1983) shall be deemed a category of alien established under paragraph (1)(B).
(3)
Within the number of admissions of refugees allocated for each of fiscal years 1990, 1991, and 19922 for refugees who are nationals of the Soviet Union under section 207(a)(3) of the Immigration and Nationality Act {and within the number of such admissions allocated for each of fiscal years 1993, 1994, 1995, and 1996 for refugees who are nationals of the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania under such section}3 and within the number of such admissions allocated for each of fiscal years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025 for refugees who are nationals of the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania under such section, notwithstanding any other provision of law, the President shall allocate one thousand of such admissions for such fiscal year to refugees who are within the category of aliens described in paragraph (2)(B).
^2
§598(a)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Pub. L. 101–513, Nov. 5, 1990, 104 Stat. 2063) substituted “for each of fiscal years 1990, 1991, and 1992” for “fiscal year 1990” and §512(1)(A) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 466) struck “1993 and 1994” and inserted “1993, 1994, 1995, and 1996”.
^3
§582(a)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102–391, October 6, 1992, 106 Stat. 1686) inserted the matter relating to fiscal years 1993 and 1994 following the closing brace. The duplicative language shown in braces was inserted by section 905(a)(1) of the FREEDOM Support Act (Pub. L. 102–511, October 24, 1992).
(c)

Written Reasons for Denials of Refugee Status.—
Each decision to deny an application for refugee status of an alien who is within a category established under this section shall be in writing and shall state, to the maximum extent feasible, the reason for the denial.
(d)

Permitting Certain Aliens Within Categories to Reapply for Refugee Status.—
Each alien who is within a category established under this section and who (after August 14, 1988, and before the date of the enactment of this Act) was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this section.
(e)

Period of Application.—
(1)
Subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall only apply to applications for refugee status submitted before October 1, 2025.
(2)
Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 2025.
(3)
Subsection (d) shall take effect on the date of the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 2025.
[Subsection (f) was repealed by §582(c) of the Foreign Operations, Export Financing, and Related Programs Appropraitions Act, 1993 (P.L. 102–391, 106 Stat. 1686, Oct. 6, 1992).]

adjustment of status for certain soviet and indochinese parolees
Sec. 599E.
[8 U.S.C. 1255 note]
(a)

In General.—
The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien—
(1)
applies for such adjustment,
(2)
has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed,
(3)
is admissible to the United States as an immigrant, except as provided in subsection (c), and
(4)
pays a fee (determined by the Attorney General) for the processing of such application.
(b)

Aliens Eligible for Adjustment of Status.—
The benefits provided in subsection (a) shall only apply to an alien who—
(1)
was a national of an independent state of the former Soviet Union or of Estonia, Latvia, Lithuania,4 Vietnam, Laos, or Cambodia, and
^4
§582(b)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102–391, October 6, 1992, 106 Stat. 1686) substituted “an independent state of the former Soviet Union or of Estonia, Latvia, Lithuania” for “the Soviet Union”. A duplicative amendment was made by section 905(b)(2) of the FREEDOM Support Act (Pub. L. 102–511, October 24, 1992).
(2)
was inspected and granted parole into the United States during the period beginning on August 15, 1988, and ending on September 30, 2025, after being denied refugee status.
(c)

Waiver of Certain Grounds for Inadmissibility.—
The provisions of paragraphs (4), (5), and (7)(A)5 of section 212(a) of the Immigration and Nationality Act shall not apply to adjustment of status under this section and the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
^5
§603(a)(22) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5084) substituted a reference to paragraphs “(4), (5), and (7)(A)” for a reference to paragraphs “(14), (15), (20), (21), (25), (28) (other than subparagraph (F)), and (32)” and §307(l)(9) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1757) substituted as reference to “(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)” for a reference to “(23)(B), (27), (29), or (33)”; §219(bb) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4319, Oct. 25, 1994) substituted “or subparagraph” for “and subparagraphs”, effective as if included in the enactment of the Immigration Act of 1990.
(d)

Date of Approval.—
Upon the approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission as a lawful permanent resident as of the date of the alien's inspection and parole described in subsection (b)(2).
(e)

No Offset in Number of Visas Available.—
When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act.