Home > 106th Congressional Bills > H.R. 4811 (rh) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2001, and for other purposes. [Reported in House] ...

H.R. 4811 (rh) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2001, and for other purposes. [Reported in House] ...


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106th CONGRESS
  2d Session
                                H. R. 4811


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2000

                                Received

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2001, 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, 2001, 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 the 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, $825,000,000 (reduced by $82,500,000) to remain 
available until September 30, 2004: 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, 2019 for the 
disbursement of direct loans, loan guarantees, insurance and tied-aid 
grants obligated in fiscal years 2001, 2002, 2003, and 2004: 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 $30,000 for official reception and 
representation expenses for members of the Board of Directors, 
$62,000,000 (reduced by $7,000,000): 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, 2001.

                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 $37,000,000: 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, $24,000,000, 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 2001 and 2002: 
Provided further, That such sums shall remain available through fiscal 
year 2010 for the disbursement of direct and guaranteed loans obligated 
in fiscal years 2001 and 2002: 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.

                  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, $46,000,000, to remain available 
until September 30, 2002.

                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, 2001, 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 
infectious diseases, and related activities, in addition to funds 
otherwise available for such purposes, $834,000,000 (increased by 
$10,000,000) (increased by $42,000,000), 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 
infectious diseases; and (7) basic education programs for children: 
Provided further, That none of the funds appropriated under this 
heading may be made available for nonproject assistance, except that 
funds may be made available for such assistance for ongoing health 
programs: Provided further, of the funds appropriated under this 
heading, not to exceed $125,000, in addition to funds otherwise 
available for such purposes, may be used to monitor and provide 
oversight of child survival, maternal health, and infectious disease 
programs: Provided further, That the following amounts should be 
allocated as follows: $290,000,000 for child survival and maternal 
health; $30,000,000 for vulnerable children; $202,000,000 (increased by 
$10,000,000) (increased by $42,000,000) for HIV/AIDS; $99,000,000 for 
other infectious diseases; $103,000,000 for children's basic education; 
and $110,000,000 for UNICEF: Provided further, That of the funds 
appropriated under this heading, up to $37,500,000 may be made 
available for a United States contribution to the Global Fund for 
Children's Vaccines.

                         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, $1,258,000,000, to remain available 
until September 30, 2002: Provided, That of the amount appropriated 
under this heading, up to $10,000,000 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 
$16,000,000 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 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 appropriated under this heading that are 
made available for assistance programs for displaced and orphaned 
children and victims of war, not to exceed $25,000, in addition to 
funds otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs.

                                lebanon

    Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $18,000,000 
should be made available for Lebanon to be used, among other programs, 
for scholarships and direct support of the American educational 
institutions in Lebanon.

                  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 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, after notification to the 
Committees on Appropriations, 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.
    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.

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