H. R. 4818—160
DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation 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 current
fiscal year may be used to make expenditures, contracts, or commit-
ments 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
(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 Export-Import
Bank Act of 1945, as amended, $59,800,000, 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 Budget Act of 1974: Provided further,
That such sums shall remain available until September 30, 2023,
for the disbursement 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 appropriated
by this Act or any prior Act appropriating funds for foreign oper-
ations, export financing, and 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 Appropria-
tions: Provided further, 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 Eastern European country, any Baltic State
or any agency or national thereof: Provided further, That not later
than 30 days after the date of enactment of this Act, the Export-
Import Bank shall submit a report to the Committees on Appropria-
tions 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 guarantees 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-Import Bank Act of 1945 (12 U.S.C. 635(e)(4)).
H. R. 4818—161
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran-
teed 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: Pro-
vided, That the Export-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 which
an application for a loan, guarantee or insurance commitment has
been made: 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, 2005.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
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 pro-
grams (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$42,885,000: Provided further, That project-specific transaction
costs, including direct and indirect costs incurred in claims settle-
ments, 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
administrative expenses 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 Non-Credit 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: Provided
further, That such sums shall be available for direct loan obligations
and loan guaranty commitments incurred or made during fiscal
years 2005 and 2006: Provided further, That such sums shall remain
available through fiscal year 2013 for the disbursement of direct
and guaranteed loans obligated in fiscal year 2005, and through
fiscal year 2014 for the disbursement of direct and guaranteed
loans obligated in fiscal year 2006: Provided further, That notwith-
standing any other provision of law, the Overseas Private Invest-
ment Corporation is authorized to undertake any program author-
ized by title IV of the Foreign Assistance Act of 1961 in Iraq:
Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
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
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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, $51,500,000, to remain
available until September 30, 2006.
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, 2005, unless
otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
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, health, and family planning/reproductive health
activities, in addition to funds otherwise available for such purposes,
$1,550,000,000, to remain available until September 30, 2006: Pro-
vided, That this amount shall be made available for such activities
as: (1) immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by
causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria,
and other infectious diseases, and for assistance to communities
severely affected by HIV/AIDS, including children displaced or
orphaned by AIDS; and (6) family planning/reproductive health:
Provided further, That none of the funds appropriated under this
heading may be made available for nonproject assistance, except
that funds may be made available for such assistance for ongoing
health activities: Provided further, That of the funds appropriated
under this heading, not to exceed $250,000, in addition to funds
otherwise available for such purposes, may be used to monitor
and provide oversight of child survival, maternal and family plan-
ning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$345,000,000 for child survival and maternal health; $30,000,000
for vulnerable children; $350,000,000 for HIV/AIDS including not
less than $30,000,000 to support the development of microbicides
as a means for combating HIV/AIDS; $200,000,000 for other infec-
tious diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens bio-
diversity or endangered species: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $250,000,000 shall be
H. R. 4818—163
made available, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS, Tuberculosis
and Malaria Act of 2003 (Public Law 108–25), for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ‘‘Global Fund’’), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That of the funds appropriated under this heading
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, that were withheld from obligation to
the Global Fund, not less than $87,800,000 shall be made available
to the Global Fund, notwithstanding section 202(d)(4) of Public
Law 108–25 which required such withholding from the Global Fund
in fiscal year 2004: Provided further, That the funds made available
in the previous proviso shall be subject to any withholding required
by section 202(d)(4) of Public Law 108–25 for contributions made
to the Global Fund in fiscal year 2005: Provided further, That
up to 5 percent of the aggregate amount of funds made available
to the Global Fund in fiscal year 2005 may be made available
to the United States Agency for International Development for
technical assistance related to the activities of the Global Fund:
Provided further, That of the funds appropriated under this heading
that are available for HIV/AIDS programs and activities, not less
than $27,000,000 should be made available for the International
AIDS Vaccine Initiative: Provided further, That of the funds appro-
priated under this heading, $65,000,000 should be made available
for a United States contribution to The Vaccine Fund, and up
to $6,000,000 may be transferred to and merged with funds appro-
priated by this Act under the heading ‘‘Operating Expenses of
the United States Agency for International Development’’ for costs
directly related to international health, but funds made available
for such costs may not be derived from amounts made available
for contribution under this and preceding provisos: Provided further,
That none of the funds made available in this Act nor any unobli-
gated balances from prior appropriations may be made available
to any organization or program which, as determined by the Presi-
dent of the United States, supports or participates in the manage-
ment of a program of coercive abortion or involuntary sterilization:
Provided further, That none of the funds made available 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 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 none of the funds made available
under this Act may be used to lobby for or against abortion: Pro-
vided further, That in order to reduce reliance on abortion in devel-
oping 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 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 family 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 budg-
eting and planning purposes); (2) the project shall not include