II
Calendar No. 698
105TH CONGRESS
2D SESSION
H. R. 4569
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 22, 1998
Received
OCTOBER 2, 1998
Read twice and ordered placed on the calendar
AN ACT
Making appropriations for foreign operations, export financ-
ing, and related programs for the fiscal year ending
September 30, 1999, 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, 1999, 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 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,
$745,500,000 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 2014 for
the disbursement of direct loans, loan guarantees, insur-
ance and tied-aid grants obligated in fiscal years 1999 and
2000: 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 pro-
cedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are
made available notwithstanding section 2(b)(2) of the Ex-
port-Import Bank Act of 1945, in connection with the pur-
chase or lease of any product by any East European coun-
try, 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
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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, $50,277,000: 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.
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) shall not exceed
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$33,000,000: 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,
$50,000,000, 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 1999 and 2000: Provided further, That
such sums shall remain available through fiscal year 2007
for the disbursement of direct and guaranteed loans obli-
gated in fiscal year 1999, and through fiscal year 2008
for the disbursement of direct and guaranteed loans obli-
gated in fiscal year 2000: 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
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carry out the credit and insurance programs in the Over-
seas 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,
$41,500,000, to remain available until September 30,
2000: 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
obligation until September 30, 2000, 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, 1999, unless otherwise specified herein, as
follows:
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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, $650,000,000, 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
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.
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, $1,174,000,000, to
remain available until September 30, 2000: Provided,
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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) the project shall not make use of quotas,
goals, or other numerical targets, on an individual, local,
regional, or national basis, of total number of births, the
number of family planning acceptors, acceptors of a par-
ticular method of family planning, or any other perform-
ance standard (this provision shall not be construed to in-
clude the use of quantitative estimates for budgeting and
planning purposes); (2) the project shall not include pay-
ment of incentives, bribes, gratuities, or any other form
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of compensation or reward, monetary or nonmonetary, to:
(A) an individual in exchange for becoming a family plan-
ning acceptor; or (B) program personnel for achieving any
numerical goal or quota; (3) the project shall not deny
any right or benefit, including the right of access to par-
ticipate in any program of general welfare or the right
of access to health care, as a consequence of any individ-
ual’s decision not to accept family planning services; (4)
the project shall inform family planning acceptors, in com-
prehensible terms, of the nature of the family planning
method chosen, its contraindications and potential health
risks, and available alternatives; (5) the project shall pro-
vide a reasonable range of options of methods of family
planning, including natural methods; and (6) the project
shall ensure that experimental methods of family planning
are administered only in a scientifically controlled study
in which participants are advised of potential risks and
benefits; and, not later than 30 days after the date on
which the Administrator of the United States Agency for
International Development determines that there has been
a violation of any provision contained in the preceding 6
paragraphs, or a violation of any other provision contained
in this heading, the Administrator shall submit to the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives and to
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the Committee on Foreign Relations and the Committee
on Appropriations of the Senate a report containing a de-
scription of such violation: 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-
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,
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 pre-
viously appropriated under this heading, not to exceed
$2,500,000 may be transferred to ‘‘International Organi-
zations and Programs’’ for a contribution to the Inter-
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national Fund for Agricultural Development (IFAD), and
that any such transfer of funds shall be subject to the
regular notification procedures of the Committees on Ap-
propriations: Provided further, That none of the funds ap-
propriated 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 none of the
funds appropriated under this heading may be made avail-
able for assistance for the central Government of the Re-
public of South Africa, until the Secretary of State reports
in writing to the appropriate committees of the Congress
on the steps being taken by the United States Government
to negotiate the repeal, suspension, or termination of sec-
tion 15(c) of South Africa’s Medicines and Related Sub-
stances Control Amendment Act No. 90 of 1997.
PRIVATE AND VOLUNTARY ORGANIZATIONS
None of the funds appropriated by this Act for devel-
opment assistance may be made available to any United
States private and voluntary organization, except any co-
operative development organization, which obtains less
than 20 percent of its total annual funding for inter-
national activities from sources other than the United
States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance
Act of 1961 and the provisions on private and voluntary
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organizations in title II of the Foreign Assistance and Re-
lated Programs Appropriations Act, 1985 (as enacted in
Public Law 98–473) shall be superseded by the provisions
of this section, except that the authority 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 under title II of this Act should
be made available to private and voluntary organizations
at a level which is at least equivalent to the level provided
in fiscal year 1995. Such private and voluntary organiza-
tions shall include those which operate 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, $150,000,000, to remain available until ex-
pended.
MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM
ACCOUNT
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign