S. 1372

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

An Act

To reauthorize the Export-Import Bank of the United States.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT 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.’’.
S. 1372—2

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 TECH- NOLOGY 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 turnaround 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.—
S. 1372—3

‘‘(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) 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) 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.’’.
S. 1372—4

(c) REPORTS.—The 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.
S. 1372—5

‘‘(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 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 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 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.
S. 1372—6

(2) REPORT 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. 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 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
S. 1372—7

(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) 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) 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
S. 1372—8

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 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 ExportImport 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’’.
S. 1372—9

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 TRANS- ACTION.—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. 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 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. 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 PERIOD.—The Bank shall establish

procedures under which the Bank shall notify interested

parties and provide a comment period with regard to loans
S. 1372—10

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. 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,’’.
S. 1372—11

(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 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)).
S. 1372—12

(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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.