105 STAT. 1714 PUBLIC LAW 102-229—DEC. 12, 1991 determines, and so certifies to the Congress, that the Government of Kenya— (1) has released all political detainees and has ended the prosecution of individuals for the peaceful expression of their political beliefs; (2) has ceased the physical abuse or mistreatment of prisoners; (3) has restored judicial independence; (4) has taken significant steps toward respecting human rights and fundamental freedoms, including the freedom of thought, conscience, belief, expression, and the freedom to advocate the establishment of political parties and organizations; and (5) has implemented the principle of freedom of movement, including the right of all citizens of Kenya to leave and return to their country. (b) PROHIBITION. — (1) LIMITATION ON NEW PROJECT ASSISTANCE. — During fiscal year 1992, funds appropriated by this or any other Act to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 that are provided for assistance to the Government of Kenya for new projects shall be made available only for new projects— (A) that promote basic human needs, directly address poverty, enhance employment generation, and address environmental concerns; or (B) to improve the performance of democratic institutions, or otherwise promote the objectives being sought in the certification required by subsection (a). (2) CONGRESSIONAL NOTIFICATION.—During fiscal year 1992, none of the funds appropriated by this or any other Act to carry out the provisions of chapters 1 and 10 of the Foreign Assistance Act of 1961 shall be obligated unless the Committees on Appropriations are notified at least 15 days in advance in accordance with the regular notification procedures of those Committees. (3) APPLICABILITY. — The provisions of paragraphs (1) and (2) of this subsection shall cease to apply 30 days after the certification described in subsection (a) is made to the Congress. (c) DATE OF AVAILABILITY OF FUNDS.—None of the funds appropriated by this joint resolution or any other provision of law under the heading "Economic Support Fund" or "Foreign Military Financing Program" may be obligated or expended for Kenya until 30 days after the certification described in subsection (a) is made to the Congress. SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNI- TION OF UKRAINIAN INDEPENDENCE. (a) FINDINGS.— The Senate makes the following findings: (1) On August 24, 1991, the democratically elected Ukrainian parliament declared Ukrainian independence and the creation of an independent, democratic state—Ukraine. (2) That declaration reflects the desire of the people of Ukraine for freedom and independence following long years of communist oppression, collectivization, and centralization. (3) On December 1, 1991, a republic-wide referendum will be held in Ukraine to confirm the August 24, 1991, declaration of independence.
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