Union Calendar No. 298
104TH CONGRESS
2D SESSION
H. R. 3540
[Report No. 104–600]
A BILL
Making appropriations for foreign operations, ex-
port financing, and related programs for the fis-
cal year ending September 30, 1997, and for
other purposes.
MAY 29, 1996
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 298
104TH CONGRESS
2D SESSION
H. R. 3540
[Report No. 104–600]
Making appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1997, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 29, 1996
Mr. CALLAHAN, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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, 1997, and for other pur-
poses, namely:
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TITLE I—EXPORT AND INVESTMENT
ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
tracts and commitments without regard to fiscal year limi-
tations, 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 cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, 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 eligi-
ble 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, insur-
ance, and tied-aid grants as authorized by section 10 of
the Export-Import Bank Act of 1945, as amended,
$726,000,000 to remain available until September 30,
1998: Provided, That such costs, including the cost of
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modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That such sums shall remain available until 2012 for
the disbursement of direct loans, loan guarantees, insur-
ance and tied-aid grants obligated in fiscal years 1997 and
1998: 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 pur-
poses: Provided further, That none of the funds appro-
priated by this paragraph may be used for tied-aid credits
or grants except through the regular notification proce-
dures of the Committees on Appropriations: Provided fur-
ther, 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 com-
puted 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 Di-
rectors, $47,614,000: Provided, That necessary expenses
(including special services performed on a contract or fee
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in claims settlements, and other direct costs associated
with services provided to specific investors or potential in-
vestors pursuant to section 234 of the Foreign Assistance
Act of 1961, shall not be considered administrative ex-
penses 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, includ-
ing 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 di-
rect loan obligations and loan guaranty commitments in-
curred or made during fiscal years 1997 and 1998: Pro-
vided further, That such sums shall remain available
through fiscal year 2005 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1997, and
through fiscal year 2006 for the disbursement of direct
and guaranteed loans obligated in fiscal year 1998. In ad-
dition, 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 Over-
seas Private Investment Corporation Noncredit Account
and merged with said account.
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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,
$38,000,000, to remain available for obligation until Sep-
tember 30, 1998: Provided, That the Trade and Develop-
ment Agency may receive reimbursements from corpora-
tions and other entities for the costs of grants for feasibil-
ity studies and other project planning services, to be de-
posited as an offsetting collection to this account and to
be available for obligation until September 30, 1998, for
necessary expenses under this paragraph: Provided fur-
ther, That such reimbursements shall not cover, or be allo-
cated 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, 1997, 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 part I and chapter 4 of part II of the Foreign Assist-
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ance Act of 1961, for child survival, basic education, as-
sistance to combat tropical and other diseases, and related
activities, in addition to funds otherwise available for such
purposes, $600,000,000, to remain available until ex-
pended: Provided, That this amount shall be made avail-
able for such activities as (1) immunization programs, (2)
oral rehydration programs, (3) health and nutrition pro-
grams, and related education programs, which address the
needs of mothers and children, (4) water and sanitation
programs, (5) assistance for displaced and orphaned chil-
dren, (6) programs for the prevention, treatment, and con-
trol of, and research on, tuberculosis, HIV/AIDS, polio,
malaria and other diseases, (7) not to exceed $98,000,000
for basic education programs for children, and (8) a con-
tribution on a grant basis to the United Nations Chil-
dren’s Fund (UNICEF) pursuant to section 301 of the
Foreign Assistance Act of 1961.
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, $1,150,000,000, to
remain available until September 30, 1998: Provided,
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,
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as determined by the President of the United States, sup-
ports or participates in the management of a program of
coercive abortion or involuntary sterilization: Provided fur-
ther, That none of the funds made available under this
heading may be used to pay for the performance of abor-
tion as a method of family planning or to motivate or co-
erce 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 natu-
ral 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 oper-
ations, 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 preg-
nancy options: Provided further, That nothing in this para-
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graph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That
the total amount of funds appropriated under this heading
and under the heading ‘‘Child Survival and Disease Pro-
grams Fund’’ should be made available for each of the
sub-Saharan Africa and Latin America and Caribbean re-
gions in at least the same proportion as the total amount
identified in the fiscal year 1997 draft congressional pres-
entation document for development assistance for each
such region is to the total amount requested for develop-
ment assistance for such fiscal year: Provided further,
That, notwithstanding section 109 of the Foreign Assist-
ance Act of 1961, of the funds appropriated under this
heading not to exceed a total of $12,000,000 may be
transferred to ‘‘Debt restructuring’’, and that any such
transfer of funds shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None 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 organi-
zation, 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
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the requirements of the provisions of section 123(g) of the
Foreign Assistance Act of 1961 and the provisions on pri-
vate 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 super-
seded by the provisions of this section, except that the au-
thority 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 pri-
vate and voluntary organizations at a level which is equiv-
alent to the level provided in fiscal year 1995. Such private
and voluntary organizations shall include those which op-
erate 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.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses for international disaster re-
lief, rehabilitation, and reconstruction assistance pursuant
to section 491 of the Foreign Assistance Act of 1961, as
amended, $190,000,000, to remain available until ex-
pended.