Home > 105th Congressional Bills > H.R. 2159 (enr) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1998, and for other purposes. ...

H.R. 2159 (enr) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1998, and for other purposes. ...


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105th CONGRESS

  1st Session

                               H. R. 2159

_______________________________________________________________________

                                 AN ACT

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1998, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                H. R. 2159

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1998, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1998, and for 
other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                export-import bank of the united states

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
explosive after the date of enactment of this Act.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, $632,000,000 to remain available until September 30, 
1999: Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That such sums shall remain available 
until 2013 for the disbursement of direct loans, loan guarantees, and 
insurance obligated in fiscal years 1998 and 1999: Provided further, 
That funds appropriated by this paragraph are made available 
notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, 
in connection with the purchase or lease of any product by any East 
European country, any Baltic State, or any agency or national thereof.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs (to be computed on an accrual basis), 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109, and not to exceed $20,000 for official reception and 
representation expenses for members of the Board of Directors, 
$48,614,000: Provided, That necessary expenses (including special 
services performed on a contract or fee basis, but not including other 
personal services) in connection with the collection of moneys owed the 
Export-Import Bank, repossession or sale of pledged collateral or other 
assets acquired by the Export-Import Bank in satisfaction of moneys 
owed the Export-Import Bank, or the investigation or appraisal of any 
property, or the evaluation of the legal or technical aspects of any 
transaction for which an application for a loan, guarantee or insurance 
commitment has been made, shall be considered nonadministrative 
expenses for the purposes of this heading: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 1998.

       overseas private investment corporation noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $32,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $40,000,000: Provided, That the 
Trade and Development Agency may receive reimbursements from 
corporations and other entities for the costs of grants for feasibility 
studies and other project planning services, to be deposited as an 
offsetting collection to this account and to be available for 
obligation until September 30, 1999, for necessary expenses under this 
paragraph: Provided further, That such reimbursements shall not cover, 
or be allocated against, direct or indirect administrative costs of the 
agency.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1998, unless 
otherwise specified herein, as follows:

                  agency for international development

                child survival and disease programs fund

    For necessary expenses to carry out the provisions of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, for child 
survival, basic education, assistance to combat tropical and other 
diseases, and related activities, in addition to funds otherwise 
available for such purposes, $650,000,000, to remain available until 
expended: Provided, That this amount shall be made available for such 
activities as: (1) immunization programs; (2) oral rehydration 
programs; (3) health and nutrition programs, and related education 
programs, which address the needs of mothers and children; (4) water 
and sanitation programs; (5) assistance for displaced and orphaned 
children; (6) programs for the prevention, treatment, and control of, 
and research on, tuberculosis, HIV/AIDS, polio, malaria and other 
diseases; (7) not to exceed $98,000,000 for basic education programs 
for children; and (8) a contribution on a grant basis to the United 
Nations Children's Fund (UNICEF) pursuant to section 301 of the Foreign 
Assistance Act of 1961.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103 
through 106 and chapter 10 of part I of the Foreign Assistance Act of 
1961, title V of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533) and the provisions of section 401 of 
the Foreign Assistance Act of 1969, $1,167,000,000, to remain available 
until September 30, 1999: Provided, That of the amount appropriated 
under this heading, up to $2,000,000 may be made available for the 
Inter-American Foundation: Provided further, That of the amount 
appropriated under this heading, up to $2,500,000 may be made available 
for the African Development Foundation: Provided further, That none of 
the funds made available in this Act nor any unobligated balances from 
prior appropriations may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That none of 
the funds made available under this heading may be used to pay for the 
performance of abortion as a method of family planning or to motivate 
or coerce any person to practice abortions; and that in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range 
of family planning methods and services: Provided further, That in 
awarding grants for natural family planning under section 104 of the 
Foreign Assistance Act of 1961 no applicant shall be discriminated 
against because of such applicant's religious or conscientious 
commitment to offer only natural family planning; and, additionally, 
all such applicants shall comply with the requirements of the previous 
proviso: Provided further, That for purposes of this or any other Act 
authorizing or appropriating funds for foreign operations, export 
financing, and related programs, the term ``motivate'', as it relates 
to family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling 
about all pregnancy options: Provided further, That nothing in this 
paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That none of the funds made 
available under this heading may be used for any activity which is in 
contravention to the Convention on International Trade in Endangered 
Species of Flora and Fauna (CITES).

                  private and voluntary organizations

    None of the funds appropriated or otherwise made available by this 
Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 per centum of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the requirements of 
the provisions of section 123(g) of the Foreign Assistance Act of 1961 
and the provisions on private and voluntary organizations in title II 
of the ``Foreign Assistance and Related Programs Appropriations Act, 
1985'' (as enacted in Public Law 98-473) shall be superseded by the 
provisions of this section, except that the authority contained in the 
last sentence of section 123(g) may be exercised by the Administrator 
with regard to the requirements of this paragraph.
    Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary 
organizations at a level which is equivalent to the level provided in 
fiscal year 1995. Such private and voluntary organizations shall 
include those which operate on a not-for-profit basis, receive 
contributions from private sources, receive voluntary support from the 
public and are deemed to be among the most cost-effective and 
successful providers of development assistance.

                   international disaster assistance

    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 
of the Foreign Assistance Act of 1961, as amended, $190,000,000, to 
remain available until expended.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying direct loans and loan guarantees, as the 
President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the cost of selling, reducing, or 
canceling amounts, through debt buybacks and swaps, owed to the United 
States as a result of concessional loans made to eligible Latin 
American and Caribbean countries, pursuant to part IV of the Foreign 
Assistance Act of 1961; and of modifying concessional loans authorized 
under title I of the Agricultural Trade Development and Assistance Act 
of 1954, as amended, as authorized under subsection (a) under the 
heading ``Debt Reduction for Jordan'' in title VI of Public Law 103-
306; $27,000,000, to remain available until expended.

         micro and small enterprise development program account

    For the cost of direct loans and loan guarantees, $1,500,000, as 
authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided further, That 
guarantees of loans made under this heading in support of 
microenterprise activities may guarantee up to 70 percent of the 
principal amount of any such loans notwithstanding section 108 of the 
Foreign Assistance Act of 1961. In addition, for administrative 
expenses to carry out programs under this heading, $500,000, all of 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the Agency for International Development: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 1999.

             urban and environmental credit program account

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of 
the Foreign Assistance Act of 1961, including the cost of guaranteed 
loans designed to promote the urban and environmental policies and 
objectives of part I of such Act, $3,000,000, to remain available until 
September 30, 1999: Provided, That these funds are available to 
subsidize loan principal, 100 percent of which shall be guaranteed, 
pursuant to the authority of such sections. In addition, for 
administrative expenses to carry out guaranteed loan programs, 
$6,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans 
under this heading may be entered into notwithstanding the second and 
third sentences of section 222(a) and, with regard to programs for 
Central and Eastern Europe and programs for the benefit of South 

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