H.R. 2606 (rds) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2000, and for other purposes. [Received in the Senate] ...

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106th CONGRESS
  1st Session
                                H. R. 2606


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1999

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2000, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
(1)<DELETED>That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:

      <DELETED>TITLE I--EXPORT AND INVESTMENT ASSISTANCE</DELETED>

       <DELETED>export-import bank of the united states</DELETED>

<DELETED>    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 the enactment of this Act.</DELETED>

                <DELETED>subsidy appropriation</DELETED>

<DELETED>    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, $759,000,000 to remain available until 
September 30, 2003: 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 September 30, 2018 for the disbursement of 
direct loans, loan guarantees, insurance and tied-aid grants obligated 
in fiscal years 2000, 2001, 2002, and 2003: Provided further, That none 
of the funds appropriated by this Act or any prior Act appropriating 
funds for foreign operations, export financing, or related programs for 
tied-aid credits or grants may be used for any other purpose except 
through the regular notification procedures of the Committees on 
Appropriations: 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.</DELETED>

               <DELETED>administrative expenses</DELETED>

<DELETED>    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 $25,000 for official 
reception and representation expenses for members of the Board of 
Directors, $55,000,000: 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, 2000.</DELETED>

       <DELETED>overseas private investment corporation</DELETED>

                  <DELETED>noncredit account</DELETED>

<DELETED>    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 $35,000,000: 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.</DELETED>

                   <DELETED>program account</DELETED>

<DELETED>    For the cost of direct and guaranteed loans, $20,500,000, 
as authorized by section 234 of the Foreign Assistance Act of 1961 to 
be derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: 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 be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2000 and 2001: 
Provided further, That such sums shall remain available through fiscal 
year 2008 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 2000, and through fiscal year 2009 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2001: Provided 
further, That in addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be derived 
from amounts available for administrative expenses to carry out the 
credit and insurance programs in the Overseas Private Investment 
Corporation Noncredit Account and merged with said account: Provided 
further, That funds made available under this heading or in prior 
appropriations Acts that are available for the cost of financing under 
section 234 of the Foreign Assistance Act of 1961, shall be available 
for purposes of section 234(g) of such Act, to remain available until 
expended.</DELETED>

         <DELETED>Funds Appropriated to the President</DELETED>

            <DELETED>trade and development agency</DELETED>

<DELETED>    For necessary expenses to carry out the provisions of 
section 661 of the Foreign Assistance Act of 1961, $44,000,000, to 
remain available until September 30, 2001: 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, 2001, 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.</DELETED>

       <DELETED>TITLE II--BILATERAL ECONOMIC ASSISTANCE</DELETED>

         <DELETED>Funds Appropriated to the President</DELETED>

<DELETED>    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, 2000, unless 
otherwise specified herein, as follows:</DELETED>

        <DELETED>agency for international development</DELETED>

      <DELETED>child survival and disease programs fund</DELETED>

<DELETED>    For necessary expenses to carry out the provisions of 
chapters 1 and 10 of part I 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, $680,000,000 (increased by $5,000,000), 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; and (7) up to $98,000,000 for basic 
education programs for children: Provided further, That none of the 
funds appropriated under this heading may be made available for 
nonproject assistance for health and child survival programs, except 
that funds may be made available for such assistance for ongoing health 
programs.</DELETED>

               <DELETED>development assistance</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, 
$1,201,000,000, to remain available until September 30, 2001: Provided, 
That of the amount appropriated under this heading, up to $5,000,000 
may be made available for and apportioned directly to the Inter-
American Foundation: Provided further, That of the amount appropriated 
under this heading, up to $14,400,000 may be made available for the 
African Development Foundation and shall be apportioned directly to 
that agency: 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, and that any such voluntary family planning 
project shall meet the following requirements: (1) service providers or 
referral agents in the project shall not implement or be subject to 
quotas, or other numerical targets, of total number of births, number 
of family planning acceptors, or acceptors of a particular method of 
family planning (this provision shall not be construed to include the 
use of quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include payment of incentives, 
bribes, gratuities, or financial reward to: (A) an individual in 
exchange for becoming a family planning acceptor; or (B) program 
personnel for achieving a numerical target or quota of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny 
any right or benefit, including the right of access to participate in 
any program of general welfare or the right of access to health care, 
as a consequence of any individual's decision not to accept family 
planning services; (4) the project shall provide family planning 
acceptors comprehensible information on the health benefits and risks 
of the method chosen, including those conditions that might render the 
use of the method inadvisable and those adverse side effects known to 
be consequent to the use of the method; and (5) the project shall 
ensure that experimental contraceptive drugs and devices and medical 
procedures are provided only in the context of a scientific study in 
which participants are advised of potential risks and benefits; and, 
not less than 60 days after the date on which the Administrator of the 
United States Agency for International Development determines that 
there has been a violation of the requirements contained in paragraph 
(1), (2), (3), or (5) of this proviso, or a pattern or practice of 
violations of the requirements contained in paragraph (4) of this 
proviso, the Administrator shall submit to the Committee on 
International Relations and the Committee on Appropriations of the 
House of Representatives and to the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate, a report containing a 
description of such violation and the corrective action taken by the 
Agency: 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, 
notwithstanding section 109 of the Foreign Assistance Act of 1961, of 
the funds appropriated under this heading in this Act, and of the 
unobligated balances of funds previously appropriated under this 
heading, $2,500,000 may be transferred to ``International Organizations 
and Programs'' for a contribution to the International Fund for 
Agricultural Development (IFAD): Provided further, That none of the 
funds appropriated under this heading may be made available for any 
activity which is in contravention to the Convention on International 
Trade in Endangered Species of Flora and Fauna (CITES): Provided 
further, That, of the funds made available by this Act for the 
``Microenterprise Initiative'' (including any local currencies made 
available for the purposes of the Initiative), not less than 50 percent 
of the funds used for microcredit should be made available for support 
of programs providing loans of less than $300 to very poor people, 
particularly women, or for institutional support of organizations 
primarily engaged in making such loans.</DELETED>

         <DELETED>private and voluntary organizations</DELETED>

<DELETED>    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 
percent of its total annual funding for international activities from 
sources other than the United States Government: Provided, That the 
Administrator of the Agency for International Development may, on a 
case-by-case basis, waive the restriction contained in this paragraph, 
after taking into account the effectiveness of the overseas development 
activities of the organization, its level of volunteer support, its 
financial viability and stability, and the degree of its dependence for 
its financial support on the agency.</DELETED>
<DELETED>    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 at least equivalent to the level 
provided in fiscal year 1995.</DELETED>

          <DELETED>international disaster assistance</DELETED>

<DELETED>    For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 
of the Foreign Assistance Act of 1961, as amended, $200,880,000, to 

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