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Pub.L. 106-430 To require changes in the bloodborne pathogens standard in effect under the Occupational Safety and Health Act of 1970. <> ...


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[[Page 114 STAT. 1900]]

Public Law 106-429
106th Congress

                                 An Act


 
  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2001, and for 
         other purposes. <<NOTE:  Nov. 6, 2000 -  [H.R. 4811]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

    Section 101. <<NOTE: Incorporation by reference.>>  (a) The 
provisions of H.R. 5526 of the 106th Congress, as introduced on October 
24, 2000, are hereby enacted into law.

    (b) <<NOTE: Publication. 1 USC 112 note.>>  In publishing this Act 
in slip form and in the United States Statutes at Large pursuant to 
section 112 of title 1, United States Code, the Archivist of the United 
States shall include after the date of approval at the end an appendix 
setting forth the text of the bill referred to in subsection (a) of this 
section.

    Approved November 6, 2000.

LEGISLATIVE HISTORY--H.R. 4811 (S. 2522):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-720 (Comm. on Appropriations) and No. 106-997 
(Comm. of Conference).
SENATE REPORTS: No. 106-291 accompanying S. 2522 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            July 12, 13, considered and passed House.
            July 18, considered and passed Senate, amended, in lieu of 
                S. 2522.
            Oct. 25, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Nov. 6, Presidential statement.
---------------------------------------------------------------------------

__________
---------------------------------------------------------------------------

    ENDNOTE: The following appendix was added pursuant to the provisions 
of section 101 of this Act.

                                  <all>

[[Page 114 STAT. 1900A-1]]



                            TABLE OF CONTENTS

                  The table of contents is as follows:

                          APPENDIX A--H.R. 5526

                          APPENDIX A-1--S. 3140

[[Page 114 STAT. 1900A-3]]



                          APPENDIX A--H.R. 5526

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, $865,000,000 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.

[[Page 114 STAT. 1900A-4]]

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, 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: 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 $38,000,000: 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

[[Page 114 STAT. 1900A-5]]

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, $50,000,000, 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, $963,000,000, 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 basic education and ongoing health programs: 
Provided further, That 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: 
$295,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $300,000,000 for HIV/AIDS; $125,000,000 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 $50,000,000 may be made available 
for a United States contribution to the Global Fund for Children's 
Vaccines, up to $10,000,000 may be made available for the International 
AIDS Vaccine Initiative, and up to $20,000,000 may be made available for 
a United States contribution to an international HIV/AIDS fund as 
authorized by subtitle B, title I of Public Law 106-264, or a comparable 
international HIV/AIDS fund.

[[Page 114 STAT. 1900A-6]]

                         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, $1,305,000,000, to remain available 
until September 30, 2002: Provided, That of the amount appropriated 
under this heading, up to $12,000,000 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

[[Page 114 STAT. 1900A-7]]

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 

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