[107th Congress Public Law 189]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ189.107]
[[Page 697]]
EXPORT-IMPORT BANK REAUTHORIZATION ACT OF 2002
[[Page 116 STAT. 698]]
Public Law 107-189
107th Congress
An Act
To reauthorize the Export-Import Bank of the United States. <<NOTE: June
14, 2002 - [S. 1372]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Export-Import
Bank Reauthorization Act of 2002.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 12 USC 635 note.>> Title.--This Act may be cited
as the ``Export-Import Bank Reauthorization Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Clarification that purposes include United States employment.
Sec. 3. Extension of authority.
Sec. 4. Administrative expenses.
Sec. 5. Increase in aggregate loan, guarantee, and insurance authority.
Sec. 6. Activities relating to Africa.
Sec. 7. Small business.
Sec. 8. Technology.
Sec. 9. Tied Aid Credit Fund.
Sec. 10. Expansion of authority to use Tied Aid Credit Fund.
Sec. 11. Annual competitiveness report.
Sec. 12. Annual report.
Sec. 13. Renewable energy sources.
Sec. 14. GAO report on comparative reserve practices of export credit
agencies and private banks.
Sec. 15. Human rights.
Sec. 16. Authority to deny application for assistance based on fraud or
corruption by any party involved in the transaction.
Sec. 17. Consideration of foreign country helpfulness in efforts to
eradicate terrorism.
Sec. 18. Outstanding orders and preliminary injury determinations.
Sec. 19. Requirement that applicants for assistance disclose whether
they have violated certain Acts; maintenance of list of
violators.
Sec. 20. Sense of the Congress.
Sec. 21. Consideration of enforcement of certain laws.
Sec. 22. Inspector General of the Export-Import Bank.
Sec. 23. Sense of the Congress in tribute to John E. Robson.
Sec. 24. Correction of references and other technical corrections.
SEC. 2. CLARIFICATION THAT PURPOSES INCLUDE UNITED STATES
EMPLOYMENT.
Section 2(a)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(a)(1)) is amended by striking the second sentence and inserting the
following: ``The objects and purposes of the Bank shall be to aid in
financing and to facilitate exports of goods and services, imports, and
the exchange of commodities and services between the United States or
any of its territories or insular possessions and any foreign country or
the agencies or nationals of any such country, and in so doing to
contribute to the employment of United States workers. The Bank's
objective in authorizing loans, guarantees, insurance, and credits shall
be to contribute to maintaining or increasing employment of United
States workers.''.
[[Page 116 STAT. 699]]
SEC. 3. EXTENSION OF AUTHORITY.
Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is
amended by striking ``2001'' and inserting ``2006''.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) Required Budget Subcategories.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following:
``(34) with respect to the amount of appropriations
requested for use by the Export-Import Bank of the United
States, a separate statement of the amount requested for its
program budget, the amount requested for its administrative
expenses, and of the amount requested for its administrative
expenses, the amount requested for technology expenses.''.
(b) Sense of the Congress on the Importance of Technology
Improvements.--
(1) Findings.--The Congress finds that--
(A) the Export-Import Bank of the United States is
in great need of technology improvements;
(B) part of the amount budgeted for administrative
expenses of the Bank is used for technology initiatives
and systems upgrades for computer hardware and software
purchases;
(C) the Bank is falling behind its foreign
competitor export credit agencies' proactive technology
improvements;
(D) small businesses disproportionately benefit from
improvements in technology;
(E) small businesses need improvements in Bank
technology in order to export transactions quickly, with
as little paperwork as possible, and with a quick Bank
turn-around time that does not over strain the tight
resources of such businesses;
(F) the Bank intends to develop a number of e-
commerce initiatives aimed at improving customer
service, including web-based application and claim
filing procedures which would reduce processing time,
speed payment of claims, and increase staff efficiency;
(G) the Bank is beginning the process of moving
insurance applications from an outdated mainframe system
to a modern, web-enabled database, with new
functionality including credit scoring, portfolio
management, work flow, and e-commerce features to be
added; and
(H) the Bank wants to continue its e-commerce
strategy, including developing a website, expanding
online applications, and establishing a technology
partnership between the public and private sectors.
(2) Sense of the congress.--It is the sense of the Congress
that emphasis should be placed on the importance of technology
improvements for the Export-Import Bank of the United States,
which are of particular importance for small businesses.
SEC. 5. INCREASE IN AGGREGATE LOAN, GUARANTEE, AND INSURANCE
AUTHORITY.
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)) is amended to read as follows:
``(a) Limitation on Outstanding Amounts.--
[[Page 116 STAT. 700]]
``(1) In general.--The Export-Import Bank of the United
States shall not have outstanding at any one time loans,
guarantees, and insurance in an aggregate amount in excess of
the applicable amount.
``(2) Applicable amount.--In paragraph (1), the term
`applicable amount' means--
``(A) during fiscal year 2002, $80,000,000,000;
``(B) during fiscal year 2003, $85,000,000,000;
``(C) during fiscal year 2004, $90,000,000,000;
``(D) during fiscal year 2005, $95,000,000,000; and
``(E) during fiscal year 2006, $100,000,000,000.
``(3) Subject to appropriations.--All spending and credit
authority provided under this Act shall be effective for any
fiscal year only to such extent or in such amounts as are
provided in appropriation Acts.''.
SEC. 6. ACTIVITIES RELATING TO AFRICA.
(a) Extension of Advisory Committee for Sub-Saharan Africa.--Section
2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(9)(B)(iii)) is amended to read as follows:
``(iii) <<NOTE: Termination date.>> The advisory committee shall
terminate on September 30, 2006.''.
(b) Coordination of Africa Activities.--Section 2(b)(9)(A) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(A)) is amended by
inserting ``, in consultation with the Secretary of Commerce and the
Trade Promotion Coordinating Committee,'' after ``shall''.
(c) Continued Reports to the Congress.--Section 7(b) of the Export-
Import Bank Reauthorization Act of 1997 (12 U.S.C. 635 note) is amended
by striking ``4'' and inserting ``8''.
SEC. 7. SMALL BUSINESS.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``10'' and
inserting ``20''.
(b) Outreach to Certain Small Businesses.--Section
2(b)(1)(E)(iii)(II) of such Act (12 U.S.C. 635(b)(1)(E)(iii)(II)) is
amended by inserting after ``Bank'' the following: ``, with particular
emphasis on conducting outreach and increasing loans to socially and
economically disadvantaged small business concerns (as defined in
section 8(a)(4) of the Small Business Act), small business concerns (as
defined in section 3(a) of the Small Business Act) owned by women, and
small business concerns (as defined in section 3(a) of the Small
Business Act) employing fewer than 100 employees,''.
SEC. 8. TECHNOLOGY.
(a) Small Business.--Section 2(b)(1)(E) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(1)(E)) is amended by adding at the end the
following:
``(x) <<NOTE: Internet.>> The Bank shall implement technology
improvements that are designed to improve small business outreach,
including allowing customers to use the Internet to apply for the Bank's
small business programs.''.
(b) Electronic Tracking of Pending Transactions.--Section 2(b)(1) of
such Act (12 U.S.C. 635(b)(1)) is amended by adding at the end the
following:
``(J) The Bank shall implement an electronic system designed to
track all pending transactions of the Bank.''.
[[Page 116 STAT. 701]]
(c) Reports.--The <<NOTE: 12 USC 635g note.>> Export-Import Bank of
the United States shall include in the annual report required by section
8(a) of the Export-Import Bank Act of 1945 for each of fiscal years 2002
through 2006 a report on the efforts made by the Bank to carry out
subparagraphs (E)(x) and (J) of section 2(b)(1) of such Act, and on how
the efforts are assisting small businesses.
SEC. 9. TIED AID CREDIT FUND.
(a) Principles, Process, and Standards.--Section 10(b) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(b)) is amended--
(1) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) in consultation with the Secretary and in
accordance with the principles, process, and standards
developed pursuant to paragraph (5) of this subsection
and the purposes described in subsection (a)(5);''; and
(2) by adding at the end the following:
``(5) Principles, process, and standards governing use of
the fund.--
``(A) In general.--The Secretary and the Bank
jointly shall develop a process for, and the principles
and standards to be used in, determining how the amounts
in the Tied Aid Credit Fund could be used most
effectively and efficiently to carry out the purposes of
subsection (a)(6).
``(B) Content of principles, process, and
standards.--
``(i) Consideration of certain principles and
standards.--In developing the principles and
standards referred to in subparagraph (A), the
Secretary and the Bank shall consider
administering the Tied Aid Credit Fund in
accordance with the following principles and
standards:
``(I) The Tied Aid Credit Fund
should be used to leverage multilateral
negotiations to restrict the scope for
aid-financed trade distortions through
new multilateral rules, and to police
existing rules.
``(II) The Tied Aid Credit Fund will
be used to counter a foreign tied aid
credit confronted by a United States
exporter when bidding for a capital
project.
``(III) Credible information about
an offer of foreign tied aid will be
required before the Tied Aid Credit Fund
is used to offer specific terms to match
such an offer.
``(IV) The Tied Aid Credit Fund will
be used to enable a competitive United
States exporter to pursue further market
opportunities on commercial terms made
possible by the use of the Fund.
``(V) Each use of the Tied Aid
Credit Fund will be in accordance with
the Arrangement unless a breach of the
Arrangement has been committed by a
foreign export credit agency.
``(VI) The Tied Aid Credit Fund may
only be used to defend potential sales
by United States companies to a project
that is environmentally sound.
[[Page 116 STAT. 702]]
``(VII) The Tied Aid Credit Fund may
be used to preemptively counter
potential foreign tied aid offers
without triggering foreign tied aid use.
``(ii) Conclusion.--Once the principles,
process and standards referred to in subparagraph
(A) are followed, the final case-by-case decisions
on the use of the Tied Aid Credit Fund shall be
made by the Bank: Provided however, That the Bank
shall not approve the extension of a proposed tied
aid credit if the President of the United States
determines, after consulting with the President of
the Bank and the Secretary of the Treasury, that
the extension of the tied aid credit would
materially impede achieving the purposes described
in subsection (a)(6).
``(C)
Initial <<NOTE: Deadline. Records.>> principles,
process, and standards.--As soon as is practicable but
not later than 6 months after the date of the enactment
of this paragraph, the Secretary and the Bank shall
submit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a copy of the
principles, process, and standards developed pursuant to
subparagraph (A).
``(D) Transitional principles and standards.--The
principles and standards set forth in subparagraph
(B)(i) shall govern the use of the Tied Aid Credit Fund
until the principles, process, and standards required by
subparagraph (C) are submitted.
``(E) Update <<NOTE: Records.>> and revision.--The
Secretary and the Bank jointly should update and revise,
as needed, the principles, process, and standards
developed pursuant to subparagraph (A), and, on doing
so, shall submit to the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a copy
of the principles, process, and standards so updated and
revised.''.
(b) Reconsideration of Board Decisions on Use of Fund.--Section
10(b) of such Act (12 U.S.C. 635i-3(b)) is further amended by adding at
the end the following:
``(6) Reconsideration of decisions.--
``(A) In general.--Taking into consideration the
time sensitivity of transactions, the Board of Directors
of the Bank shall expeditiously pursuant to paragraph
(2) reconsider a decision of the Board to deny an
application for the use of the Tied Aid Credit Fund if
the applicant submits the request for reconsideration
within 3 months of the denial.
``(B) Procedural rules.--In any such
reconsideration, the applicant may be required to
provide new information on the application.''.
SEC. 10. EXPANSION OF AUTHORITY TO USE TIED AID CREDIT FUND.
(a) Untied <<NOTE: 12 USC 635a note.>> Aid.--
(1) Negotiations.--The Secretary of the Treasury shall seek
to negotiate an OECD Arrangement on Untied Aid. In the
negotiations, the Secretary should seek agreement on subjecting
untied aid to the rules governing the Arrangement, including the
rules governing disclosure.
[[Page 116 STAT. 703]]
(2) Report <<NOTE: Deadline.>> to the congress.--Within 1
year after the date of the enactment of this Act, the Secretary
of the Treasury shall submit to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on
the successes, failures, and obstacles in initiating
negotiations, and if negotiations were initiated, in reaching
the agreement described in paragraph (1).
(b) Market Windows.--
(1) In general.--The Export-Import Bank Act of 1945 (12
U.S.C. 635 et seq.) is amended by adding at the end the
following new section:
``SEC. 15. <<NOTE: 12 USC 635i-9.>> MARKET WINDOWS.
``(a) Enhanced Transparency.--To ensure that the Bank financing
remains fully competitive, the United States should seek enhanced
transparency over the activities of market windows in the OECD Export
Credit Arrangement. If such transparency indicates that market windows
are disadvantaging United States exporters, the United States should
seek negotiations for multilateral disciplines and transparency within
the OECD Export Credit Arrangement.
``(b) Authorization.--The Bank may provide financing on terms and
conditions that are inconsistent with those permitted under the OECD
Export Credit Arrangement--
``(1) to match financing terms and conditions that are being
offered by market windows on terms that are inconsistent with
those permitted under the OECD Export Credit Arrangement, if--
``(A) matching such terms and conditions advances
the negotiations for multilateral disciplines and
transparency within the OECD Export Credit Arrangement;
or
``(B) transparency verifies that the market window
financing is being offered on terms that are more
favorable than the terms and conditions that are
available from private financial markets; and
``(2) when the foreign government-supported institution
refuses to provide sufficient transparency to permit the Bank to
make a determination under paragraph (1).
``(c) Definition.--In this section, the term `OECD' means the
Organization for Economic Cooperation and Development.''.
(2) Report.--Within <<NOTE: Deadline. 12 USC 635i-9
note.>> 2 years after the date of the enactment of this Act, the
Secretary of the Treasury shall submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate a
report on the rationale for seeking or not seeking negotiations
for multilateral disciplines and transparency, the successes,
failures, and obstacles in initiating negotiations, and if
negotiations were initiated, in reaching an agreement.
(c) Use of Tied Aid Credit Fund To Combat Untied Aid.--Section 10(a)
of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by inserting ``, or untied aid used to
promote exports as if it were tied aid,'' before ``for
commercial'' the first and third places it appears; and
[[Page 116 STAT. 704]]
(3) by redesignating paragraph (5) as paragraph (6) and
inserting after paragraph (4) the following:
``(5) the Bank has, at a minimum, the following two tasks--
``(A)(i) first, the Bank should match foreign export
credit agencies and aid agencies when they engage in
tied aid outside the confines of the Arrangement and
when they exploit loopholes, such as untied aid;
``(ii) such matching is needed to provide the United
States with leverage in efforts at the OECD to reduce
the overall level of export subsidies;
``(iii) only through matching foreign export credit
offers can the Bank buttress United States negotiators
in their efforts to bring these loopholes within the
disciplines of the Arrangement; and
``(iv) in order to bring untied aid within the
discipline of the Arrangement, the Bank should consider
initiating highly competitive financial support when the
Bank learns that foreign untied aid offers will be made;
and
``(B) second, the Bank should support United States
exporters when the exporters face foreign competition
that is consistent with the Arrangement and the
Subsidies Code of the World Trade Organization, but
which places United States exporters at a competitive
disadvantage; and''.
(d) Definition of Market Window.--Section 10(h) of such Act (12
U.S.C. 635i-3(h)) is amended by adding at the end the following:
``(7) Market window.--The Bank, in consultation with the
Secretary of the Treasury, shall define `market window' for
purposes of this section.''.
SEC. 11. ANNUAL COMPETITIVENESS REPORT.
Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(A)) is amended--
(1) <<NOTE: Deadline.>> in the fourth sentence, by striking
``on an annual basis'' and inserting ``not later than June 30 of
each year'';
(2) in the fifth sentence, by inserting ``(including through
use of market windows)'' after ``United States exporters'';
(3) by inserting after the fifth sentence, the following new
sentence: ``With respect to the preceding sentence, the Bank
shall use all available information to estimate the annual
amount of export financing available from each government and
government-related agency.''; and
(4) <<NOTE: Classified information.>> by adding at the end
the following new sentence: ``The Bank shall include in the
annual report a description of all Bank transactions which shall
be classified according to their principal purpose, such as to
correct a market failure or to provide matching support.''.
SEC. 12. ANNUAL REPORT.
(a) Technology To Assist Small Businesses.--Section 8 of the Export-
Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at the end
the following:
``(c) Technology To Assist Small Businesses.--The Bank shall include
in its annual report to the Congress under subsection (a) of this
section for each of fiscal years 2002 through 2006 a report on the
efforts made by the Bank to carry out subparagraphs (E)(x) and (J) of
section 2(b)(1) of this Act, and on how the efforts
[[Page 116 STAT. 705]]
are assisting small business concerns (as defined in section 3(a) of the
Small Business Act).''.
(b) Number of Small Business Suppliers of Bank Users.--Section 8 of
such Act (12 U.S.C. 635g) is further amended by adding at the end the
following:
``(d) Number of Small Business Suppliers of Bank Users.--The Bank
shall estimate on the basis of an annual survey or tabulation the number
of entities that are suppliers of users of the Bank and that are small
business concerns (as defined in section 3(a) of the Small Business Act)
located in the United States, and shall include the estimate in its
annual report to the Congress under subsection (a) of this section.''.
(c) Outreach to Certain Small Businesses.--Section 8 of such Act (12
U.S.C. 635g) is further amended by adding at the end the following:
``(e) Outreach to Certain Small Businesses.--The Bank shall include
in its annual report to the Congress under subsection (a) of this
section a description of outreach efforts made by the Bank to any
socially and economically disadvantaged small business concerns (as
defined in section 8(a)(4) of the Small Business Act), small business
concerns (as defined in section 3(a) of the Small Business Act) owned by
women, and small business concerns (as defined in section 3(a) of the
Small Business Act) employing fewer than 100 employees.''.
SEC. 13. RENEWABLE ENERGY SOURCES.
(a) Promotion.--Section 2(b)(1) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(1)) is further amended by adding at the end the
following:
``(K) The Bank shall promote the export of goods and services
related to renewable energy sources.''.
(b) Description of Efforts To Be Included in Annual Competitiveness
Report.--Section 2(b)(1)(A) of such Act (12 U.S.C. 635(b)(1)(A)) is
further amended by adding at the end the following: ``The Bank shall
include in the annual report a description of the efforts undertaken
under subparagraph (K).''.
SEC. 14. GAO <<NOTE: Deadline. 12 USC 635 note.>> REPORT ON
COMPARATIVE RESERVE PRACTICES OF EXPORT
CREDIT AGENCIES AND PRIVATE BANKS.
Within 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report that
examines the reserve ratios of the Export-Import Bank of the United
States as compared with the reserve practices of private banks and
foreign export credit agencies.
SEC. 15. HUMAN RIGHTS.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended by inserting ``(such as are provided in the
Universal Declaration of Human Rights adopted by the United Nations
General Assembly on December 10, 1948)'' after ``human rights''.
[[Page 116 STAT. 706]]
SEC. 16. AUTHORITY TO DENY APPLICATION FOR ASSISTANCE BASED ON
FRAUD OR CORRUPTION BY ANY PARTY INVOLVED IN
THE TRANSACTION.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is
amended by adding at the end the following:
``(f) Authority To Deny Application for Assistance Based on Fraud or
Corruption by Party Involved in the Transaction.--In addition to any
other authority of the Bank, the Bank may deny an application for
assistance with respect to a transaction if the Bank has substantial
credible evidence that any party to the transaction or any party
involved in the transaction has committed an act of fraud or corruption
in connection with the transaction.''.
SEC. 17. CONSIDERATION OF FOREIGN COUNTRY HELPFULNESS IN EFFORTS
TO ERADICATE TERRORISM.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended in the penultimate sentence by inserting
``(including, when relevant, a foreign nation's lack of cooperation in
efforts to eradicate terrorism)'' after ``international terrorism''.
SEC. 18. <<NOTE: Loans.>> OUTSTANDING ORDERS AND PRELIMINARY
INJURY DETERMINATIONS.
Section 2(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(e)) is amended--
(1) in paragraph (2), by striking ``Paragraph (1)'' and
inserting ``Paragraphs (1) and (2)''; and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4) and by inserting after paragraph (1) the following:
``(2) Outstanding orders and preliminary injury
determinations.--
``(A) Orders.--The Bank shall not provide any loan
or guarantee to an entity for the resulting production
of substantially the same product that is the subject
of--
``(i) a countervailing duty or antidumping
order under title VII of the Tariff Act of 1930;
or
``(ii) a determination under title II of the
Trade Act of 1974.
``(B)
Affirmative <<NOTE: Deadline. Procedures.>> determination
.--Within 60 days after the date of the enactment of
this paragraph, the Bank shall establish procedures
regarding loans or guarantees provided to any entity
that is subject to a preliminary determination of a
reasonable indication of material injury to an industry
under title VII of the Tariff Act of 1930. The
procedures shall help to ensure that these loans and
guarantees are likely to not result in a significant
increase in imports of substantially the same product
covered by the preliminary determination and are likely
to not have a significant adverse impact on the domestic
industry. <<NOTE: Reports.>> The Bank shall report to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate on the implementation of
these procedures.
``(C)
Comment <<NOTE: Procedures. Notification.>> period.--The
Bank shall establish procedures under which the Bank
shall notify interested parties and provide a comment
period with regard to loans
[[Page 116 STAT. 707]]
or guarantees reviewed pursuant to subparagraph (B) or
(D).
``(D) Consideration of investigations under title ii
of the trade act of 1974.--In making any determination
under paragraph (1) for a transaction involving more
than $10,000,000, the Bank shall consider investigations
under title II of the Trade Act of 1974 that have been
initiated at the request of the President of the United
States, the United States Trade Representative, the
Committee on Finance of the Senate, or the Committee on
Ways and Means of the House of Representatives, or by
the International Trade Commission on its own motion.''.
SEC. 19. <<NOTE: Records.>> REQUIREMENT THAT APPLICANTS FOR
ASSISTANCE DISCLOSE WHETHER THEY HAVE
VIOLATED CERTAIN ACTS; MAINTENANCE OF LIST
OF VIOLATORS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is further amended by adding at the end the following:
``(L) The Bank shall require an applicant for assistance from the
Bank to disclose whether the applicant has been found by a court of the
United States to have violated the Foreign Corrupt Practices Act of
1977, the Arms Export Control Act, the International Emergency Economic
Powers Act, or the Export Administration Act of 1979 within the
preceding 12 months, and shall maintain, in cooperation with the
Department of Justice, for not less than 3 years a record of such
applicants so found to have violated any such Act.''.
SEC. 20. SENSE OF THE CONGRESS.
It is the sense of the Congress that, when considering a proposal
for assistance for a project the cost of which is $10,000,000 or more,
the management of the Export-Import Bank of the United States should
have available for review a detailed assessment of the potential human
rights impact of the proposed project.
SEC. 21. CONSIDERATION OF ENFORCEMENT OF CERTAIN LAWS.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended in the penultimate sentence by inserting ``the
enforcement of the Foreign Corrupt Practices Act of 1977, the Arms
Export Control Act, the International Emergency Economic Powers Act, or
the Export Administration Act of 1979,'' after ``nuclear
proliferation,''.
SEC. 22. INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK.
(a) Establishment of Position.--Section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or the Board of
Directors of the Tennessee Valley Authority;'' and inserting
``the Board of Directors of the Tennessee Valley Authority; or
the President of the Export-Import Bank;''; and
(2) in paragraph (2), by striking ``or the Tennessee Valley
Authority;'' and inserting ``the Tennessee Valley Authority, or
the Export-Import Bank,''.
[[Page 116 STAT. 708]]
(b) Executive Level IV.--Section 5315 of title 5, United States
Code, is amended by inserting after the item relating to the Inspector
General of the Environmental Protection Agency the following:
``Inspector General, Export-Import Bank.''.
(c) Initial Implementation.--Section 9(a)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by inserting ``to the
Office of the Inspector General,'' after ``(2)''.
(d) Technical Corrections.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) by striking the second semicolon after
``Community Service'';
(B) by striking ``and'' after ``Financial
Institutions Fund;''; and
(C) by striking ``and'' after ``Trust
Corporation;'';
(2) in paragraph (2), by striking ``or'' after ``Community
Service,''; and
(3) in paragraph (5), by striking ``section 552(e)'' and
inserting ``section 552(f)''.
(e) Effective <<NOTE: 5 USC 5315 note.>> Date.--The amendments made
by this section shall take effect on October 1, 2002.
SEC. 23. SENSE OF THE CONGRESS IN TRIBUTE TO JOHN E. ROBSON.
(a) Findings.--The Congress finds that--
(1) from his appointment in 2001 as President and Chairman
of the Export-Import Bank of the United States until his death
on March 20, 2002, John E. Robson provided powerful leadership
for that institution, instilling his spirit of excellence within
the Bank and ensuring the Bank's role as a prominent player in
the trade and economic policy of the United States; and
(2) during his time at the Export-Import Bank of the United
States, John E. Robson served as a role model for all of his
colleagues with his dedication to the institution, commitment to
excellence, resolute sense of integrity, and desire to leave the
Bank a better place than how he found it.
(b) Sense of the Congress.--The Congress is deeply saddened by the
death of John E. Robson, President and Chairman of the Board of
Directors of the Export-Import Bank of the United States, and expresses
to the family of John E. Robson its deep appreciation for the
contributions he made and the legacy he leaves behind, and its heartfelt
sorrow at his passing.
SEC. 24. CORRECTION OF REFERENCES AND OTHER TECHNICAL CORRECTIONS.
(a) Correction of References.--(1) Section 2(b)(1)(B) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended by striking
``Banking and''.
(2) Each of the following provisions of such Act is amended by
striking ``Banking, Finance and Urban Affairs'' and inserting
``Financial Services'':
(A) Section 2(b)(6)(D)(i)(III) (12 U.S.C.
635(b)(6)(D)(i)(III)).
(B) Section 2(b)(6)(H) (12 U.S.C. 635(b)(6)(H)).
(C) Section 2(b)(6)(I)(i)(II) (12 U.S.C.
635(b)(6)(I)(i)(II)).
(D) Section 2(b)(6)(I)(iii) (12 U.S.C. 635(b)(6)(I)(iii)).
(E) Section 10(g)(1) (12 U.S.C. 635i-3(g)(1)).
[[Page 116 STAT. 709]]
(b) Technical Corrections.--(1) Clauses (ii) and (iii) of section
2(b)(1)(H) of such Act (12 U.S.C. 635(b)(1)(H)) are each amended by
striking ``4'' and inserting ``3''.
(2) Section 2(b) of such Act (12 U.S.C. 635(b)) is amended by
aligning the margins of paragraph (12) with the margins of paragraph
(11).
(3) Section 2(b)(6)(E) of such Act (12 U.S.C. 635(b)(6)(E)) is
amended by striking ``international'' and inserting ``internationally''.
(4) Section 3(d)(2) of such Act (12 U.S.C. 635a(d)(2)) is amended by
aligning the margins of subparagraph (B) with the margins of
subparagraph (A).
(5) Section 12(a)(1) of such Act (12 U.S.C. 635i-6(a)(1)) is amended
by striking ``section'' and inserting ``subsection''.
(6) Section 14(a) of such Act (12 U.S.C. 635i-8(a)) is amended by
striking ``principle'' and inserting ``principal''.
Approved June 14, 2002.
LEGISLATIVE HISTORY--S. 1372 (H.R. 2871):
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HOUSE REPORTS: Nos. 107-292 accompanying H.R. 2871 (Comm. on Financial
Services) and 107-487 (Comm. of Conference).
SENATE REPORTS: No. 107-52 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Mar. 14, considered and passed Senate.
May 1, considered and passed House, amended, in lieu of H.R.
2871.
June 5, House agreed to conference report.
June 6, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
June 14, Presidential statement.
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