In the Senate of the United States,
September 23, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4818) entitled ‘‘An Act making appropriations for
foreign operations, export financing, and related programs for
the fiscal year ending September 30, 2005, 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, 2005, and for other pur-
poses, namely:
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HR 4818 EAS
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $1,140,000.
EXPORT-IMPORT BANK LOANS PROGRAM ACCOUNT
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: Provided further, That notwithstanding section
1(c) of Public Law 103–428, as amended, sections 1(a) and
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HR 4818 EAS
(b) of Public Law 103–428 shall remain in effect through
October 1, 2005.
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, $115,700,000,
to remain available until September 30, 2008: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That such sums shall re-
main available until September 30, 2023 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2005, 2006, 2007, and
2008: Provided further, That none of the funds appro-
priated by this Act or any prior Act appropriating funds
for foreign operations, export financing, and 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 Eastern European country,
any Baltic State or any agency or national thereof: Pro-
vided further, That not later than 30 days after the date
of enactment of this Act, the Export-Import Bank shall sub-
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HR 4818 EAS
mit a report to the Committees on Appropriations of the
House of Representatives and the Senate, containing an
analysis of the economic impact on United States producers
of ethanol of the extension of credit and financial guaran-
tees for the development of an ethanol dehydration plant
in Trinidad and Tobago, including a determination of
whether such extension will cause substantial injury to such
producers, as defined in section 2(e)(4) of the Export-Im-
port Bank Act of 1945 (12 U.S.C. 635(e)(4)): Provided fur-
ther, That the Export-Import Bank shall consult with the
Committees on Appropriations and the Senate Committee
on Finance prior to extending direct credit or financial
guarantee to establish or expand the production of indige-
nous products for export by a beneficiary country pursuant
to section 423 of the Tax Reform Act of 1986 (19 U.S.C.
2703 note).
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, $73,200,000: Provided, That the Ex-
port-Import Bank may accept, and use, payment or services
provided by transaction participants for legal, financial,
or technical services in connection with any transaction for
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HR 4818 EAS
‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’, ‘‘Millennium Challenge Corporation’’ (by coun-
try only), ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national Military Education and Training’’, ‘‘Peace
Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations
not justified or in excess of the amount justified to the Com-
mittees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations
of both Houses of Congress are previously notified 15 days
in advance: Provided, That the President shall not enter
into any commitment of funds appropriated for the pur-
poses of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conven-
tional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not pre-
viously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this section shall not
apply to any reprogramming for an activity, program, or
project for which funds are appropriated under title II of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,