II
Calendar No. 187
104TH CONGRESS
1ST SESSION
H. R. 1868
[Report No. 104–143]
IN THE SENATE OF THE UNITED STATES
JULY 12 (legislative day, JULY 10), 1995
Received; read twice and referred to the Committee on Appropriations
SEPTEMBER 14 (legislative day, SEPTEMBER 5), 1995
Reported by Mr. MCCONNELL, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1996, 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, 1996, and for
other purposes, namely:
HR 1868 RS
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,
$786,551,000 $795,000,000 to remain available until Sep-
HR 1868 RS
tember 30, 1997: 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 2010
for the disbursement of direct loans, loan guarantees, in-
surance and tied-aid grants obligated in fiscal years 1996
and 1997: Provided further, That up to $100,000,000 of
funds appropriated by this paragraph shall remain avail-
able until expended and may be used for tied-aid grant
purposes: 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, $45,228,000 $46,000,000: Provided, That nec-
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essary 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 consid-
ered nonadministrative expenses for the purposes of this
heading: Provided further, That, notwithstanding sub-
section (b) of section 117 of the Export Enhancement Act
of 1992, subsection (a) thereof shall remain in effect until
October 1, 1996.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized 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 $20,000) shall not exceed
HR 1868 RS
$26,500,000 $26,000,000: 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 adminis-
trative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$69,500,000 $79,000,000, as authorized by section 234 of
the Foreign Assistance Act of 1961, to be derived by trans-
fer 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: Pro-
vided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred
or made during fiscal years 1996 and 1997: Provided fur-
ther, That such sums shall remain available through fiscal
year 2003 for the disbursement of direct and guaranteed
loans obligated in fiscal year 1996, and through fiscal year
2004 for the disbursement of direct and guaranteed loans
obligated in fiscal year 1997. 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 in-