II

103D CONGRESS

2D SESSION S. 2289

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 SENATE OF THE UNITED STATES

JULY 15 (legislative day, JULY 11), 1994

Mr. D’AMATO introduced the following bill; which was read twice and referred

to the Committee on Banking, Housing, 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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•S 2289 IS

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)(i) Subparagraph (A) shall not apply

10 to a sale of defense articles or services if—

11 ‘‘(I) the Bank determines that—

12 ‘‘(aa) the defense articles or serv13 ices are nonlethal; and

14 ‘‘(bb) the primary end use of the

15 defense articles or services will be for

16 civilian purposes; and

17 ‘‘(II) not less than 15 calendar days

18 before the date on which the Board of Di19 rectors of the Bank gives final approval to

20 Bank participation in the transaction, the

21 Bank provides notice of the transaction to

22 the Committees on Banking, Finance and

23 Urban Affairs and on Appropriations of

24 the House of Representatives and the

25 Committees on Banking, Housing, and
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•S 2289 IS

1 Urban Affairs and on Appropriations of

2 the Senate.

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

4 guarantee, and insurance authority available to

5 the Bank for a fiscal year may be used by the

6 Bank to support the sale of defense articles or

7 services to which subparagraph (A) does not

8 apply by reason of clause (i) of this subpara9 graph.

10 ‘‘(iii) Not later than September 1 of each

11 fiscal year, the Comptroller General of the

12 United States, in consultation with the Bank,

13 shall submit to the Committees on Banking, Fi14 nance and Urban Affairs and on Appropriations

15 of the House of Representatives and the Com16 mittees on Banking, Housing, and Urban Af17 fairs and on Appropriations of the Senate, a re18 port on the end uses of any defense articles or

19 services described in clause (i) with respect to

20 which the Bank provided support during the

21 fiscal year ending 1 year before that September

22 1.

23 ‘‘(iv) The provisions of clause (i) shall not

24 apply after September 30, 1997.’’.
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•S 2289 IS

1 SEC. 2. REPORT TO THE CONGRESS.

2 The first sentence of section 2(b)(6)(H) of the Ex3 port-Import Bank Act of 1945 (12 U.S.C. 635(b)(6)(H))

4 is amended by inserting before the period ‘‘, or any sale

5 of defense articles or services as described in subpara6 graph (I)(i)’’.

7 SEC. 3. PROMOTION OF EXPORTS OF ENVIRONMENTALLY

8 BENEFICIAL GOODS AND SERVICES.

9 (a) IN GENERAL.—Section 11(b) of the Export-Im10 port Bank Act of 1945, the first place it appears (12

11 U.S.C. 635i–5(b)), is amended—

12 (1) by striking ‘‘The Bank’’ and inserting the

13 following:

14 ‘‘(1) IN GENERAL.—The Bank’’;

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

16 period ‘‘(such as by encouraging environmentally

17 sustainable development, promoting efficient use of

18 resources, and promoting energy efficiency)’’; and

19 (3) by adding at the end the following new

20 paragraph:

21 ‘‘(2) AUTHORIZATION OF FUNDS.—In addition

22 to other funds available to support the export of

23 goods and services described in paragraph (1), there

24 are authorized to be appropriated to the Bank not

25 more than $35,000,000 for the cost (as defined in
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•S 2289 IS

1 section 502(5) of the Federal Credit Reform Act of

2 1990) of supporting such exports.’’.

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

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

5 by redesignating section 11, the second place it appears

6 (12 U.S.C. 635i–8), as section 14.

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