H.R. 4569 (rh) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1999, and for other purposes. ...

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                                                       Calendar No. 698

105th CONGRESS

  2d Session

                               H. R. 4569

_______________________________________________________________________

                                 AN ACT

  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1999, and for 
                            other purposes.

_______________________________________________________________________

                            October 2, 1998

             Read twice and ordered placed on the calendar
                                                       Calendar No. 698
105th CONGRESS
  2d Session
                                H. R. 4569


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 1998

                                Received

                            October 2, 1998

             Read twice and ordered placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1999, 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, 1999, 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, $745,500,000 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 2014 for the disbursement of direct loans, loan guarantees, 
insurance and tied-aid grants obligated in fiscal years 1999 and 2000: 
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.

                        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, 
$50,277,000: 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.

                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 $33,000,000: 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.

                            program account

    For the cost of direct and guaranteed loans, $50,000,000, 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 1999 and 2000: 
Provided further, That such sums shall remain available through fiscal 
year 2007 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 1999, and through fiscal year 2008 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2000: 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.

                  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, $41,500,000, to remain available 
until September 30, 2000: 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, 2000, 
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, 1999, 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 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, $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; 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.

                         development assistance

                     (including transfer of funds)

    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, $1,174,000,000, to remain available until September 30, 2000: 
Provided, 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) the project shall not make use of quotas, 
goals, or other numerical targets, on an individual, local, regional, 
or national basis, of total number of births, the number of family 
planning acceptors, acceptors of a particular method of family 
planning, or any other performance standard (this provision shall not 
be construed to include the use of quantitative estimates for budgeting 
and planning purposes); (2) the project shall not include payment of 
incentives, bribes, gratuities, or any other form of compensation or 
reward, monetary or nonmonetary, to: (A) an individual in exchange for 
becoming a family planning acceptor; or (B) program personnel for 
achieving any numerical goal or quota; (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 inform family planning 
acceptors, in comprehensible terms, of the nature of the family 
planning method chosen, its contraindications and potential health 
risks, and available alternatives; (5) the project shall provide a 
reasonable range of options of methods of family planning, including 
natural methods; and (6) the project shall ensure that experimental 
methods of family planning are administered only in a scientifically 
controlled study in which participants are advised of potential risks 
and benefits; and, not later than 30 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of any provision contained 
in the preceding 6 paragraphs, or a violation of any other provision 
contained in this heading, 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: 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, not to exceed $2,500,000 may be transferred to ``International 
Organizations and Programs'' for a contribution to the International 
Fund for Agricultural Development (IFAD), and that any such transfer of 
funds shall be subject to the regular notification procedures of the 
Committees on Appropriations: 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 
none of the funds appropriated under this heading may be made available 
for assistance for the central Government of the Republic of South 
Africa, until the Secretary of State reports in writing to the 
appropriate committees of the Congress on the steps being taken by the 
United States Government to negotiate the repeal, suspension, or 
termination of section 15(c) of South Africa's Medicines and Related 
Substances Control Amendment Act No. 90 of 1997.

                  private and voluntary organizations

    None of the funds appropriated 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 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 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. Such 
private and voluntary organizations shall include those which operate 
on a not-for-profit basis, receive contributions from private sources, 

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