In the Senate of the United States,
October 24, 2001.
Resolved, That the bill from the House of Representa-
tives (H.R. 2506) entitled ‘‘An Act making appropriations for
foreign operations, export financing, and related programs for
the fiscal year ending September 30, 2002, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2002, and for other pur-
poses, namely:
HR 2506 EAS
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 Cor-
poration 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 cur-
rent fiscal year may be used to make expenditures, con-
tracts, 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 Ex-
port-Import Bank Act of 1945, as amended, $727,323,000
to remain available until September 30, 2005: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
HR 2506 EAS
et Act of 1974: Provided further, That such sums shall re-
main available until September 30, 2020 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2002, 2003, 2004, and
2005: Provided further, That none of the funds appro-
priated by this Act or any prior Act appropriating funds
for foreign operations, export financing, or related pro-
grams for tied-aid credits or grants may be used for any
other purpose 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 Im-
port 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 $30,000 for official
reception and representation expenses for members of the
Board of Directors, $64,000,000: 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
HR 2506 EAS
other assets acquired by the Export-Import Bank in satis-
faction of moneys owed the Export-Import Bank, or the in-
vestigation 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 commit-
ment 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, 2002.
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 com-
mitments 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
$38,608,000: 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 investors
pursuant to section 234 of the Foreign Assistance Act of
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1961, shall not be considered administrative expenses for
the purposes of this heading.
PROGRAM ACCOUNT
Such sums as may be necessary for administrative ex-
penses 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,
$50,024,000, to remain available until September 30, 2003.
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:
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
CHILD SURVIVAL AND HEALTH 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, family planning/reproductive
HR 2506 EAS
health, assistance to combat tropical and other infectious
diseases, and related activities, in addition to funds other-
wise available for such purposes, $1,510,500,000, 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, nutri-
tion, water and sanitation programs, and related education
programs; (4) assistance for displaced and orphaned chil-
dren; (5) programs for the prevention, treatment, and con-
trol of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family plan-
ning/reproductive health: Provided further, That none of the
funds appropriated under this heading may be made avail-
able for nonproject assistance, except that funds may be
made available for such assistance for ongoing health pro-
grams: 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
and family planning/reproductive health, and infectious
disease programs: Provided further, That the following
amounts should be allocated as follows: $325,000,000 for
child survival and maternal health; $25,000,000 for vulner-
able children; $450,000,000 for HIV/AIDS including
$90,000,000 which may be made available, notwithstanding
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any other provision of law, for a United States contribution
to a global fund to combat HIV/AIDS, malaria, and tuber-
culosis, and not less than $15,000,000 which should be made
available to support the development of microbicides as a
means for combating HIV/AIDS; $185,000,000 for other in-
fectious diseases, of which not less than $65,000,000 should
be made available for the prevention, treatment, and control
of, and research on, tuberculosis, and of which not less than
$65,000,000 should be made available to combat malaria;
$120,000,000 for UNICEF: Provided further, That of the
funds appropriated under this Act, not less than
$450,000,000 shall be made available to carry out the pur-
poses of section 104(b) of the Foreign Assistance Act of
1961, including in areas where population growth threatens
biodiversity or endangered species, of which not less than
$395,000,000 shall be made available from funds appro-
priated under this heading and not less than $55,000,000
shall be made available from funds appropriated under
other headings in this title: Provided further, That of the
funds appropriated under this heading, up to $50,500,000
may be made available for a United States contribution to
The Vaccine Fund, and up to $10,000,000 may be made
available for the International AIDS Vaccine Initiative:
Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appro-
HR 2506 EAS
priations 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 steriliza-
tion: Provided further, That none of the funds made avail-
able under this Act 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: Provided further,
That none of the funds made available under this Act may
be used to lobby for or against abortion: Provided further,
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 re-
ferral 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 fam-
ily 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 fi-
nancial reward to: (A) an individual in exchange for be-
HR 2506 EAS
coming a family planning acceptor; or (B) program per-
sonnel 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 ac-
ceptors 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 experi-
mental contraceptive drugs and devices and medical proce-
dures 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 Inter-
national Development determines that there has been a vio-
lation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of viola-
tions of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees
on Appropriations of the Senate and the House of Rep-