H. R. 4455

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To authorize the Export-Import Bank of the United States to provide financing

for the export of nonlethal defense articles and defense services the primary

end use of which will be for civilian purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT

OF NONLETHAL DEFENSE ARTICLES OR SERVICES THE

PRIMARY END USE OF WHICH WILL BE FOR CIVILIAN

PURPOSES.

(a) IN GENERAL.—Section 2(b)(6) of the Export-Import Bank

Act of 1945 (12 U.S.C. 635(b)(6)) is amended by adding at the

end the following:

‘‘(I)(i) Subparagraph (A) shall not apply to a transaction involving defense articles or services if—

‘‘(I) the Bank determines that—

‘‘(aa) the defense articles or services are nonlethal;

and

‘‘(bb) the primary end use of the defense articles or

services will be for civilian purposes; and

‘‘(II) at least 15 calendar days before the date on which

the Board of Directors of the Bank gives final approval to

Bank participation in the transaction, the Bank provides notice

of the transaction to the Committees on Banking, Finance

and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Banking, Housing, and

Urban Affairs and on Appropriations of the Senate.

‘‘(ii) Not more than 10 percent of the loan, guarantee, and

insurance authority available to the Bank for a fiscal year may

be used by the Bank to support the sale of defense articles or

services to which subparagraph (A) does not apply by reason of

clause (i) of this subparagraph.

‘‘(iii) Not later than September 1 of each fiscal year, the

Comptroller General of the United States, in consultation with

the Bank, shall submit to the Committees on Banking, Finance

and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs

and on Appropriations of the Senate a report on the end uses

of any defense articles or services described in clause (i) with

respect to which the Bank provided support during the second

preceding fiscal year.’’.

(b) REPORT TO THE CONGRESS.—Section 2(b)(6)(H) of the ExportImport Bank Act of 1945 (12 U.S.C. 635(b)(6)(H)) is amended by
H. R. 4455—2

inserting ‘‘or described in subparagraph (I)(i)’’ before the period

at the end of the first sentence.

(c) PERIOD OF EFFECTIVENESS.—The amendments made by this section shall remain in effect during the period beginning on the

date of enactment of this Act and ending on September 30, 1997.

SEC. 2. PROMOTION OF EXPORTS OF ENVIRONMENTALLY BENEFICIAL GOODS AND SERVICES.

(a) IN GENERAL.—The first section 11(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–5(b)) is amended—

(1) by inserting before ‘‘The Bank shall’’ the following:

‘‘(1) IN GENERAL.—’’;

(2) in the first sentence, by inserting before the period ‘‘(such as exports of products and services used to aid in the

monitoring, abatement, control, or prevention of air, water,

and ground contaminants or pollution, or which provide protection in the handling of toxic substances, subject to a final

determination by the Bank, and products and services for foreign environmental projects dedicated entirely to the prevention, control, or cleanup of air, water, or ground pollution,

including facilities to provide for control or cleanup, and used

in the retrofitting of facility equipment for the sole purpose

of mitigating, controlling, or preventing adverse environmental

effects, subject to a final determination by the Bank)’’; and

(3) by adding at the end the following:

‘‘(2) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—

In addition to other funds available to support the export

of goods and services described in paragraph (1), there are

authorized to be appropriated to the Bank not more than

$35,000,000 for the cost (as defined in section 502(5) of the

Federal Credit Reform Act of 1990) of supporting such exports.

If, in any fiscal year, the funds appropriated in accordance

with this paragraph are not fully utilized due to insufficient

qualified transactions for the export of such goods and services,

such funds may be expended for other purposes eligible for

support by the Bank.’’.

(b) TECHNICAL CORRECTION.—The Export-Import Bank Act of

1945 (12 U.S.C. 635 et seq.) is amended by redesignating the

second section 11 (12 U.S.C. 635i–8) as section 14.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.