Pub.L. 105-119 Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1998, and for other purposes. <> ...

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[[Page 2385]]

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 1998

[[Page 111 STAT. 2386]]

Public Law 105-118
105th Congress

                                 An Act


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 1998, and for 
         other purposes. <<NOTE: Nov. 26, 1997 -  [H.R. 2159]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1998.>>  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, $683,000,000 to remain available until September 30, 
2001: 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, 
insurance and tied-aid grants obligated in fiscal years 1998 and 1999: 
Provided further, That up to $50,000,000 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 Act or any prior Act appropriating funds for 
foreign operations, export financing, or related programs for tied-aid 
credits

[[Page 111 STAT. 2387]]

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, 
$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 <<NOTE: Termination date. 12 USC 635a note.>>  
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.

                             program account

    For the cost of direct and guaranteed loans, $60,000,000, 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

[[Page 111 STAT. 2388]]

1998 and 1999: Provided further, That such sums shall remain available 
through fiscal year 2006 for the disbursement of direct and guaranteed 
loans obligated in fiscal year 1998, and through fiscal year 2007 for 
the disbursement of direct and guaranteed loans obligated in fiscal year 
1999: 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, 1999: 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 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; (7) up to $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.

[[Page 111 STAT. 2389]]

                  agency for international development

                         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 of section 401 of the 
Foreign Assistance Act of 1969, $1,210,000,000, to remain available 
until September 30, 1999: Provided, That of the amount appropriated 
under this heading, up to $22,000,000 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 $14,000,000 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: 
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 
shall 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 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: Provided further, That

[[Page 111 STAT. 2390]]

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 <<NOTE: 22 USC 2151u note.>>  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 
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 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, receive voluntary support from the public and are 
deemed to be among the most cost-effective and successful providers of 
development assistance.

                                 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 under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $5,000,000 
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: Provided, That funds made available 
for Burma related activities 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.

                                cambodia

    None of the funds appropriated in this Act may be made available for 
the Government of Cambodia: Provided, That the restrictions under this 
heading shall not apply to humanitarian, demining or election-related 
programs or activities: Provided further, That

[[Page 111 STAT. 2391]]

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