| Home > 105th Congressional Public Laws > 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. <> ...
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. <> ...
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 2386]]
Public Law 105-118
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.
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
[[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.
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
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.
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
(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
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
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.
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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105th Congressional Public Laws Records and Documents
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