103D CONGRESS

2D SESSION H. R. 4455

AMENDMENT
In the Senate of the United States,

October 5 (legislative day, September 12), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4455) entitled ‘‘An Act to authorize the ExportImport 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’’,

do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE

2 EXPORT OF NONLETHAL DEFENSE ARTICLES

3 OR SERVICES THE PRIMARY END USE OF

4 WHICH WILL BE FOR CIVILIAN PURPOSES.

5 (a) IN GENERAL.—Section 2(b)(6) of the Export-Im6 port Bank Act of 1945 (12 U.S.C. 635(b)(6)) is amended

7 by adding at the end the following:

8 ‘‘(I)(i) Subparagraph (A) shall not apply to a trans9 action involving defense articles or services if—

10 ‘‘(I) the Bank determines that—

11 ‘‘(aa) the defense articles or services are

12 nonlethal; and
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1 ‘‘(bb) the primary end use of the defense ar2 ticles or services will be for civilian purposes;

3 and

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

5 which the Board of Directors of the Bank gives final

6 approval to Bank participation in the transaction,

7 the Bank provides notice of the transaction to the

8 Committees on Banking, Finance and Urban Affairs

9 and on Appropriations of the House of Representa10 tives and the Committees on Banking, Housing, and

11 Urban Affairs and on Appropriations of the Senate.

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

13 and insurance authority available to the Bank for a fiscal

14 year may be used by the Bank to support the sale of defense

15 articles or services to which subparagraph (A) does not

16 apply by reason of clause (i) of this subparagraph.

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

18 the Comptroller General of the United States, in consulta19 tion with the Bank, shall submit to the Committees on

20 Banking, Finance and Urban Affairs and on Appropria21 tions of the House of Representatives and the Committees

22 on Banking, Housing, and Urban Affairs and on Appro23 priations of the Senate a report on the end uses of any de24 fense articles or services described in clause (i) with respect
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1 to which the Bank provided support during the second pre2 ceding fiscal year.’’.

3 (b) REPORT TO THE CONGRESS.—Section 2(b)(6)(H)

4 of the Export-Import Bank Act of 1945 (12 U.S.C.

5 635(b)(6)(H)) is amended by inserting ‘‘or described in sub6 paragraph (I)(i)’’ before the period at the end of the first

7 sentence.

8 (c) PERIOD OF EFFECTIVENESS.—The amendments

9 made by this section shall remain in effect during the pe10 riod beginning on the date of enactment of this Act and

11 ending on September 30, 1997.

12 SEC. 2. PROMOTION OF EXPORTS OF ENVIRONMENTALLY

13 BENEFICIAL GOODS AND SERVICES.

14 (a) IN GENERAL.—The first section 11(b) of the Ex15 port-Import Bank Act of 1945 (12 U.S.C. 635i–5(b)) is

16 amended—

17 (1) by inserting before ‘‘The Bank shall’’ the fol18 lowing:

19 ‘‘(1) IN GENERAL.—’’;

20 (2) in the first sentence, by inserting before the

21 period ‘‘(such as exports of products and services used

22 to aid in the monitoring, abatement, control, or pre23 vention of air, water, and ground contaminants or

24 pollution, or which provide protection in the handling

25 of toxic substances, subject to a final determination by
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1 the Bank, and products and services for foreign envi2 ronmental projects dedicated entirely to the preven3 tion, control, or cleanup of air, water, or ground pol4 lution, including facilities to provide for control or

5 cleanup, and used in the retrofitting of facility equip6 ment for the sole purpose of mitigating, controlling,

7 or preventing adverse environmental effects, subject to

8 a final determination by the Bank)’’; and

9 (3) by adding at the end the following:

10 ‘‘(2) LIMITATIONS ON AUTHORIZATION OF AP11 PROPRIATIONS.—In addition to other funds available

12 to support the export of goods and services described

13 in paragraph (1), there are authorized to be appro14 priated to the Bank not more than $35,000,000 for

15 the cost (as defined in section 502(5) of the Federal

16 Credit Reform Act of 1990) of supporting such ex17 ports. If, in any fiscal year, the funds appropriated

18 in accordance with this paragraph are not fully uti19 lized due to insufficient qualified transactions for the

20 export of such goods and services, such funds may be

21 expended for other purposes eligible for support by the

22 Bank.’’.

23 (b) TECHNICAL CORRECTION.—The Export-Import

24 Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended by
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1 redesignating the second section 11 (12 U.S.C. 635i–8) as

2 section 14.

Attest:

Secretary.