Union Calendar No. 371

103D CONGRESS

2D SESSION H. R. 4455

[Report No. 103–681]

A BILL

To authorize the Export-Import Bank of the

purposes.the primary end use of which will be for civilianof nonlethal defense articles and defense servicesUnited States to provide financing for the export

AUGUST 8, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 371

103D CONGRESS

2D SESSION H. R. 4455

[Report No. 103–681]

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1994

Mr. BEREUTER introduced the following bill; which was referred to the

Committee on Banking, Finance and Urban Affairs

AUGUST 8, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE

2 EXPORT OF NONLETHAL DEFENSE ARTICLES

3 AND DEFENSE SERVICES THE PRIMARY END

4 USE OF WHICH WILL BE FOR CIVILIAN PUR5 POSES.

6 Section 2(b)(6) of the Export-Import Bank Act of

7 1945 (12 U.S.C. 635(b)(6)) is amended by adding at the

8 end the following:

9 ‘‘(I) Subparagraph (A) shall not apply to a sale of

10 defense articles or services if the Bank determines that—

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

12 nonlethal; and

13 ‘‘(ii) the primary end use of the defense articles

14 or services will be for civilian purposes.’’.

15 SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE

16 EXPORT OF NONLETHAL DEFENSE ARTICLES

17 OR SERVICES THE PRIMARY END USE OF

18 WHICH WILL BE FOR CIVILIAN PURPOSES.

19 Section 2(b)(6) of the Export-Import Bank Act of 1945

20 (12 U.S.C. 635(b)(6)) is amended by adding at the end the

21 following:

22 ‘‘(I)(i) Subparagraph (A) shall not apply to a trans23 action involving defense articles or services if—

24 ‘‘(I) the Bank determines that—

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

26 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

5 the Board of Directors of the Bank gives final ap6 proval to Bank participation in the transaction, the

7 Bank provides notice of the transaction to the Com8 mittees on Banking, Finance and Urban Affairs and

9 on Appropriations of the House of Representatives

10 and the Committees on Banking, Housing, and

11 Urban Affairs and on Appropriations of the Senate.

12 The preceding sentence shall not apply after September 30,

13 1997.

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

15 and insurance authority available to the Bank for a fiscal

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

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

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

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

20 the Comptroller General of the United States, in consulta21 tion with the Bank, shall submit to the Committees on

22 Banking, Finance and Urban Affairs and on Appropria23 tions of the House of Representatives and the Committees

24 on Banking, Housing, and Urban Affairs and on Appro25 priations of the Senate a report on the end uses of any de-
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1 fense articles or services described in clause (i) with respect

2 to which the Bank provided support during the 2nd preced3 ing fiscal year.’’.

4 SEC. 2. REPORT TO THE CONGRESS.

5 Section 2(b)(6)(H) of the Export-Import Bank Act of

6 1945 (12 U.S.C. 635(b)(6)(H)) is amended by inserting ‘‘or

7 described in subparagraph (I)(i)’’ before the period at the

8 end of the 1st sentence.

9 SEC. 3. PROMOTION OF EXPORTS OF ENVIRONMENTALLY

10 BENEFICIAL GOODS AND SERVICES.

11 (a) IN GENERAL.—The 1st section 11(b) of the Export12 Import Bank Act of 1945 (12 U.S.C. 635i–5(b)) is amend13 ed—

14 (1) by inserting before ‘‘The Bank shall’’ the fol15 lowing:

16 ‘‘(1) IN GENERAL.—’’;

17 (2) by inserting ‘‘(such as by encouraging envi18 ronmentally sustainable development, promoting effi19 cient use of resources, and promoting energy effi20 ciency)’’ before the period at the end of the 1st sen21 tence; and

22 (3) by adding after and below the end the follow23 ing:

24 ‘‘(2) LIMITATIONS ON AUTHORIZATION OF AP25 PROPRIATIONS.—In addition to other funds available
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1 to support the export of goods and services described

2 in paragraph (1), there are authorized to be appro3 priated to the Bank not more than $35,000,000 for

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

5 Credit Reform Act of 1990) of supporting such ex6 ports.’’.

7 (b) TECHNICAL CORRECTION.—Such Act is amended

8 by redesignating the 2nd section 11 (12 U.S.C. 635i–8) as

9 section 14.