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Pub.L. 104-108 To designate the Federal building located at 1221 Nevin Avenue in Richmond, California, as the ``Frank Hagel Federal Building''. <> ...


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       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 1996

[[Page 110 STAT. 704]]

Public Law 104-107
104th Congress

                                 An Act


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1996, and for 
         other purposes. <<NOTE: Feb. 12, 1996 -  [H.R. 1868]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996.>> That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1996, 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, $786,551,000 to remain available until September 30, 
1997: 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 2010 for the disbursement of direct loans, loan guarantees, 
insurance and tied-aid grants obligated in fiscal years 1996 and 1997: 
Provided further, That up to $100,000,000 of funds appropriated by this 
paragraph shall remain available until expended and may be used for 
tied-aid grant purposes: Provided further, That none of the funds 
appropriated by this paragraph may be used for tied-aid credits or 
grants except through the regular notification procedures of the Commit

[[Page 110 STAT. 705]]

tees 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, 
$45,614,000: 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, <<NOTE: Termination 
date. 12 USC 635a note.>> That, notwithstanding subsection (b) of 
section 117 of the Export Enhancement Act of 1992, subsection (a) 
thereof shall remain in effect until October 1, 1996.

                 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 $26,000,000: 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, $72,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961: 
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 1996 and 1997: Provided further, That such sums shall 
remain available through fiscal year 2003 for the disbursement of direct 
and guaranteed loans obligated in fiscal

[[Page 110 STAT. 706]]

year 1996, and through fiscal year 2004 for the disbursement of direct 
and guaranteed loans obligated in fiscal year 1997. 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, $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, 1997, 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, 1996, unless otherwise 
specified herein, as follows:

                  agency for international development

                   child survival and disease programs

    Of the funds appropriated in title II of this Act, and under the 
heading ``International Organizations and Programs'' in title IV of this 
Act, not less than $484,000,000 shall be made available for programs for 
child survival, assistance to combat tropical and other diseases, and 
related activities: Provided,  <<NOTE: AIDS.>> 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) a contribution on a grant 
basis to the United Nations Children's Fund (UNICEF).

                         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, title V of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533) and the provisions

[[Page 110 STAT. 707]]

of section 401 of the Foreign Assistance Act of 1969, $1,675,000,000, to 
remain available until September 30, 1997: Provided, That of the amount 
appropriated under this heading, up to $20,000,000 may be made available 
for the Inter-American Foundation and shall be apportioned directly to 
that agency: Provided further, That of the amount appropriated under 
this heading, up to $11,500,000 may be made available for the African 
Development Foundation and shall be apportioned directly to that agency: 
Provided further, That of the funds appropriated under title II of this 
Act that are administered by the Agency for International Development 
and made available for family planning assistance, not less than 65 
percent shall be made available directly to the agency's central Office 
of Population and shall be programmed by that office for family planning 
activities: Provided further,  <<NOTE: President. Africa.>> That the 
President shall seek to ensure that funds made available under this 
heading for sub-Saharan Africa are in substantially the same proportion 
to the total amount appropriated and made available by this Act for 
development assistance as the proportion of funds made available for 
development assistance for sub-Saharan Africa was to the total amount 
appropriated for development assistance in Public Law 103-306: Provided 
further, That up to $25,000,000 of the funds appropriated under this 
heading may be made available for necessary expenses to carry out the 
provisions of section 667 of the Foreign Assistance Act: Provided 
further,  <<NOTE: President. Voluntary organizations.>> That the 
President shall seek to ensure that the percentage of funds made 
available under this heading for the activities of private and voluntary 
organizations and cooperatives is at least equal to the percentage of 
funds made available pursuant to corresponding authorities in law for 
the activities of private and voluntary organizations and cooperatives 
in fiscal year 1995: Provided further 
<<NOTE: Abortion. Sterilization.>> 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, notwithstanding section 
109 of

[[Page 110 STAT. 708]]

the Foreign Assistance Act of 1961, of the funds appropriated under this 
heading not to exceed a total of $30,000,000 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 
not less than $650,000 of the funds made available under this heading 
should be made available for support of the United States 
Telecommunications Training Institute.

                                 cyprus

      Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $15,000,000 
shall be made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to reduce 
tensions and promote peace and cooperation between the two communities 
on Cyprus.

                                  burma

      Of the funds appropriated by this Act to carry out the provisions 
of chapter 8 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, not less than $2,380,000 shall be made available 
to support activities in Burma, along the Burma-Thailand border, and for 
activities of Burmese student groups and other organizations located 
outside Burma, for the purposes of fostering democracy in Burma, 
supporting the provision of medical supplies and other humanitarian 
assistance to Burmese located in Burma or displaced Burmese along the 
borders, and for other purposes: Provided, That of this amount, not less 
than $200,000 shall be made available to support newspapers, 
publications, and other media activities promoting democracy inside 
Burma: Provided further, That of this amount, not less than $380,000 
shall be made available for crop substitution activities in cooperation 
with the Kachin people of Burma: Provided further, That funds made 
available under this heading may be made available notwithstanding any 
other provision of law: Provided further, That provision of such funds 
shall be made available subject to the regular notification procedures 
of the Committees on Appropriations.

                   private and voluntary organizations

    None of the funds appropriated or otherwise made <<NOTE: 22 USC 
2151u note.>> 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.

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