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Calendar No. 530
106th CONGRESS
2d Session
S. 2522
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2001, and for
other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2000
Mr. McConnell, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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, $768,000,000 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.
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 $25,000
for official reception and representation expenses for members of the
Board of Directors, $58,000,000: 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 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, $46,000,000, to remain available
until September 30, 2002: 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, 2002,
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, 2002, unless
otherwise specified herein, as follows:
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, and title V of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533), $1,368,250,000, to remain
available until September 30, 2002: Provided, That of the amount
appropriated under this heading, up to $14,400,000 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 this heading, not less than $425,000,000 shall
be made available to carry out the provisions of section 104(b) of the
Foreign Assistance Act of 1961: 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,
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, $2,500,000 may be transferred to ``International Organizations
and Programs'' for a contribution to the International Fund for
Agricultural Development (IFAD): Provided further, That of the
aggregate amount of the funds appropriated by this Act to carry out
part I of the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, not less than $310,000,000 shall
be made available for agriculture and rural development programs of
which $30,000,000 shall be made available for plant biotechnology
research and development: Provided further, That of amounts made
available in the preceding proviso for plant biotechnology activities,
$1,000,000 shall be made available for the University of Missouri
International Laboratory for Tropical Agriculture Biotechnology, not
less than $1,000,000 shall be made available for research and training
foreign scientists at the University of California, Davis, and not less
than $1,000,000 shall be made available to support a Center to Promote
Biotechnology in International Agriculture at Tuskegee University:
Provided further, That not less than $4,000,000 shall be made available
for the International Fertilizer Development Center: 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: Provided further, That
of the funds appropriated under this heading not less than $500,000
shall be made available for support of the United States
Telecommunications Training Institute: Provided further, That of the
funds appropriated under this heading, not less than $17,000,000 shall
be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, not less than $2,000,000 shall be available to support an
international media training center: Provided further, That of the
funds appropriated under this heading, and the heading ``Assistance for
the Independent States'', up to $7,000,000 should be made available for
Carelift International: Provided further, That, of the funds
appropriated by this Act for the Microenterprise Initiative (including
any local currencies made available for the purposes of the
Initiative), not less than one-half should be made available for
programs providing loans of less than $300 to very poor people,
particularly women, or for institutional support of organizations
primarily engaged in making such loans.
global health
For necessary expenses to carry out the provisions of Chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health and related activities, in addition to funds otherwise available
for such purposes, $651,000,000 to remain available until September 30,
2002: Provided, That of the funds appropriated under this heading, not
less than the amount of funds appropriated under the headings
``Development Assistance'' and ``Child Survival and Disease Program
Fund'', for programs for the prevention, treatment, and control of, and
research on, infectious diseases in developing countries in fiscal year
2000 shall be made available for such activities in fiscal year 2001,
of which amount not less than $225,000,000 shall be made available for
such programs for HIV/AIDS including not less than $15,000,000 which
shall be made available to support the development of microbicides as a
means for combating HIV/AIDS: Provided further, That of the funds
appropriated under this heading for infectious diseases, not less than
$41,000,000 should be made available for programs for the prevention,
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