I

103D CONGRESS

2D SESSION H. R. 5165

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

OCTOBER 4, 1994

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

Committee on Banking, Finance and Urban Affairs

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 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

13 ‘‘(bb) the primary end use of the defense

14 articles or services will be for civilian purposes;

15 and

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

17 on which the Board of Directors of the Bank gives

18 final approval to Bank participation in the trans19 action, the Bank provides notice of the transaction

20 to the Committees on Banking, Finance and Urban

21 Affairs and on Appropriations of the House of Rep22 resentatives and the Committees on Banking, Hous23 ing, and Urban Affairs and on Appropriations of the

24 Senate.

25 ‘‘(ii) Not more than 10 percent of the loan, guaran26 tee, and insurance authority available to the Bank for a
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1 fiscal year may be used by the Bank to support the sale

2 of defense articles or services to which subparagraph (A)

3 does not apply by reason of clause (i) of this subpara4 graph.

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

6 the Comptroller General of the United States, in consulta7 tion with the Bank, shall submit to the Committees on

8 Banking, Finance and Urban Affairs and on Appropria9 tions of the House of Representatives and the Committees

10 on Banking, Housing, and Urban Affairs and on Appro11 priations of the Senate a report on the end uses of any

12 defense articles or services described in clause (i) with re13 spect to which the Bank provided support during the sec14 ond preceding fiscal year.’’.

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

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

17 635(b)(6)(H)) is amended by inserting ‘‘or described in

18 subparagraph (I)(i)’’ before the period at the end of the

19 first sentence.

20 (c) PERIOD OF EFFECTIVENESS.—The amendments

21 made by this section shall remain in effect during the pe22 riod beginning on the date of enactment of this Act and

23 ending on September 30, 1997.
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1 SEC. 2. PROMOTION OF EXPORTS OF ENVIRONMENTALLY

2 BENEFICIAL GOODS AND SERVICES.

3 (a) IN GENERAL.—The first section 11(b) of the Ex4 port-Import Bank Act of 1945 (12 U.S.C. 635i–5(b)) is

5 amended—

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

7 following:

8 ‘‘(1) IN GENERAL.—’’;

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

10 period ‘‘(such as exports of products and services

11 used to aid in the monitoring, abatement, control, or

12 prevention of air, water, and ground contaminants

13 or pollution, or which provide protection in the han14 dling of toxic substances, subject to a final deter15 mination by the Bank, and products and services for

16 foreign environmental projects dedicated entirely to

17 the prevention, control, or cleanup of air, water, or

18 ground pollution, including facilities to provide for

19 control or cleanup, and used in the retrofitting of fa20 cility equipment for the sole purpose of mitigating,

21 controlling, or preventing adverse environmental ef22 fects, subject to a final determination by the

23 Bank)’’; and

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

25 ‘‘(2) LIMITATIONS ON AUTHORIZATION OF AP26 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. If, in any fiscal year, the funds appropriated

7 in accordance with this paragraph are not fully uti8 lized due to insufficient qualified transactions for the

9 export of such goods and services, such funds may

10 be expended for other purposes eligible for support

11 by the Bank.’’.

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

13 Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended

14 by redesignating the second section 11 (12 U.S.C. 635i–

15 8) as section 14.

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