II
Calendar No. 402
106TH CONGRESS
1ST SESSION
H. R. 3196
IN THE SENATE OF THE UNITED STATES
NOVEMBER 5, 1999
Received; read twice and placed on the calendar
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2000, and for other pur-
poses, namely:
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 the enactment of this Act.
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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,
$759,000,000 to remain available until September 30,
2003: 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 fur-
ther, That such sums shall remain available until Sep-
tember 30, 2018 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fis-
cal years 2000, 2001, 2002, and 2003: Provided further,
That none of the funds appropriated by this Act or any
prior Act appropriating funds for foreign operations, ex-
port 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 sec-
tion 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 agen-
cy or national thereof: Provided further, Public Law 106–
46 is amended by striking ‘‘November 5, 1999’’ and in-
serting ‘‘March 1, 2000’’.
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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 $25,000 for official reception and
representation expenses for members of the Board of Di-
rectors, $55,000,000: Provided, That necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in connec-
tion 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 investiga-
tion 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 ex-
penses 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, 2000.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
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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
$35,000,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
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,
$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 ac-
count: 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 fur-
ther, That such sums shall be available for direct loan obli-
gations and loan guaranty commitments incurred or made
during fiscal years 2000 and 2001: Provided further, That
such sums shall remain available through fiscal year 2008
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for the disbursement of direct and guaranteed loans obli-
gated in fiscal year 2000, and through fiscal year 2009
for the disbursement of direct and guaranteed loans obli-
gated in fiscal year 2001: Provided further, That in addi-
tion, 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: Provided further, That
funds made available under this heading or in prior appro-
priations Acts that are available for the cost of financing
under section 234 of the Foreign Assistance Act of 1961,
shall be available for purposes of section 234(g) of such
Act, to remain available until expended.
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,
$44,000,000, to remain available until September 30,
2001: 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 off-
setting collection to this account and to be available for
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obligation until September 30, 2001, for necessary ex-
penses 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, 2000, 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 activi-
ties, in addition to funds otherwise available for such pur-
poses, $715,000,000, to remain available until expended:
Provided, That this amount shall be made available for
such activities as: (1) immunization programs; (2) oral re-
hydration programs; (3) health and nutrition programs,
and related education programs, which address the needs
of mothers and children; (4) water and sanitation pro-
grams; (5) assistance for displaced and orphaned children;
(6) programs for the prevention, treatment, and control
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of, and research on, tuberculosis, HIV/AIDS, polio, ma-
laria and other diseases; and (7) up to $98,000,000 for
basic education programs for children: Provided further,
That none of the funds appropriated under this heading
may be made available for nonproject assistance for health
and child survival programs, except that funds may be
made available for such assistance for ongoing health pro-
grams: Provided further, That $35,000,000 shall be avail-
able only for the HIV/AIDS programs requested under
this heading in House Document 106–101.
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, title V of the Inter-
national Security and Development Cooperation Act of
1980 (Public Law 96–533) and the provisions of section
401 
of 
the 
Foreign 
Assistance 
Act 
of 
1969,
$1,228,000,000, to remain available until September 30,
2001: Provided, That of the amount appropriated under
this heading, up to $5,000,000 may be made available for
and apportioned directly to the Inter-American Founda-
tion: Provided further, That of the amount appropriated
under this heading, up to $14,400,000 may be made avail-
able for the African Development Foundation and shall
be apportioned directly to that agency: Provided further,
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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, 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, and that any such vol-
untary family planning project shall meet the following re-
quirements: (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 con-
strued to include the use of quantitative estimates or indi-
cators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in ex-
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change 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 ben-
efit, including the right of access to participate in any pro-
gram 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 pro-
vide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen, in-
cluding 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 de-
termines that there has been a violation of the require-
ments contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the re-
quirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committee on Inter-
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national 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 Assist-
ance Act of 1961 no applicant shall be discriminated
against because of such applicant’s religious or conscien-
tious 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 fi-
nancing, and related programs, the term ‘‘motivate’’, as
it relates to family planning assistance, shall not be con-
strued 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 Assist-
ance 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 appro-
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priated under this heading, $2,500,000 may be trans-
ferred to ‘‘International Organizations and Programs’’ for
a contribution to the International Fund for Agricultural
Development (IFAD): Provided further, That none of the
funds appropriated under this heading may be made avail-
able for any activity which is in contravention to the Con-
vention 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 or-
phaned 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 ap-
propriated under this heading not less than $500,000
should be made available for support of the United States
Telecommunications Training Institute: Provided further,
That, of the funds appropriated by this Act for the Micro-
enterprise 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 pri-
marily engaged in making such loans.