105TH CONGRESS

1ST SESSION S. 1026

AMENDMENT
In the House of Representatives, U. S.,

October 6, 1997.

Resolved, That the bill from the Senate (S. 1026) entitled ‘‘An Act to reauthorize the Export-Import Bank of the

United States.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. EXTENSION OF AUTHORITY.

2 Section 7 of the Export-Import Bank Act of 1945 (12

3 U.S.C. 635f) is amended by striking ‘‘1997’’ and inserting

4 ‘‘2001’’.

5 SEC. 2. TIED AID CREDIT FUND AUTHORITY.

6 (a) Section 10(c)(2) of the Export-Import Bank Act

7 of 1945 (12 U.S.C. 635i–3(c)(2)) is amended by striking

8 ‘‘through September 30, 1997’’.

9 (b) Section 10(e) of such Act (12 U.S.C. 635i–3(e)) is

10 amended by striking the first sentence and inserting the fol11 lowing: ‘‘There are authorized to be appropriated to the

12 Fund such sums as may be necessary to carry out the pur13 poses of this section.’’.
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1 SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE FINANCING

2 FOR THE EXPORT OF NONLETHAL DEFENSE

3 ARTICLES OR SERVICES THE PRIMARY END

4 USE OF WHICH WILL BE FOR CIVILIAN PUR5 POSES.

6 Section 1(c) of Public Law 103–428 (12 U.S.C. 635

7 note; 108 Stat. 4376) is amended by striking ‘‘1997’’ and

8 inserting ‘‘2001’’.

9 SEC. 4. CLARIFICATION OF PROCEDURES FOR DENYING

10 CREDIT BASED ON THE NATIONAL INTEREST.

11 Section 2(b)(1)(B) of the Export-Import Bank Act of

12 1945 (12 U.S.C. 635(b)(1)(B)) is amended—

13 (1) in the last sentence, by inserting ‘‘, after con14 sultation with the Committee on Banking and Finan15 cial Services of the House of Representatives and the

16 Committee on Banking, Housing, and Urban Affairs

17 of the Senate,’’ after ‘‘President’’; and

18 (2) by adding at the end the following: ‘‘Each

19 such determination shall be delivered in writing to

20 the President of the Bank, shall state that the deter21 mination is made pursuant to this section, and shall

22 specify the applications or categories of applications

23 for credit which should be denied by the Bank in fur24 therance of the national interest.’’.
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1 SEC. 5. ADMINISTRATIVE COUNSEL.

2 Section 3(e) of the Export-Import Bank Act of 1945

3 (12 U.S.C. 635a(e)) is amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and

5 (2) by adding at the end the following:

6 ‘‘(2) The General Counsel of the Bank shall ensure that

7 the directors, officers, and employees of the Bank have avail8 able appropriate legal counsel for advice on, and oversight

9 of, issues relating to ethics, conflicts of interest, personnel

10 matters, and other administrative law matters by designat11 ing an attorney to serve as Assistant General Counsel for

12 Administration, whose duties, under the supervision of the

13 General Counsel, shall be concerned solely or primarily with

14 such issues.’’.

15 SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA.

16 (a) IN GENERAL.—Section 2(b) of the Export-Import

17 Bank Act of 1945 (12 U.S.C. 635(b)) is amended by insert18 ing after paragraph (8) the following:

19 ‘‘(9)(A) The Board of Directors of the Bank shall take

20 prompt measures, consistent with the credit standards oth21 erwise required by law, to promote the expansion of the

22 Bank’s financial commitments in sub-Saharan Africa

23 under the loan, guarantee, and insurance programs of the

24 Bank.

25 ‘‘(B)(i) The Board of Directors shall establish and use

26 an advisory committee to advise the Board of Directors on
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1 the development and implementation of policies and pro2 grams designed to support the expansion described in sub3 paragraph (A).

4 ‘‘(ii) The advisory committee shall make recommenda5 tions to the Board of Directors on how the Bank can facili6 tate greater support by United States commercial banks for

7 trade with sub-Saharan Africa.

8 ‘‘(iii) The advisory committee shall terminate 4 years

9 after the date of the enactment of this subparagraph.’’.

10 (b) REPORTS TO THE CONGRESS.—Within 6 months

11 after the date of the enactment of this Act, and annually

12 for each of the 4 years thereafter, the Board of Directors

13 of the Export-Import Bank of the United States submit to

14 the Congress a report on the steps that the Board has taken

15 to implement section 2(b)(9)(B) of the Export-Import Bank

16 Act of 1945 and any recommendations of the advisory com17 mittee established pursuant to such section.

18 SEC. 7. INCREASE IN LABOR REPRESENTATION ON THE AD19 VISORY COMMITTEE OF THE EXPORT-IMPORT

20 BANK.

21 Section 3(d)(2) of the Export-Import Bank Act of 1945

22 (12 U.S.C. 635a(d)(2)) is amended—

23 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

24 (2) by adding after and below the end the follow25 ing:
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1 ‘‘(B) Not less than 2 members appointed to the Advi2 sory Committee shall be representative of the labor commu3 nity.’’.

4 SEC. 8. OUTREACH TO COMPANIES.

5 Section 2(b)(1) of the Export-Import Bank Act of 1945

6 (12 U.S.C. 635(b)(1)) is amended by adding at the end the

7 following:

8 ‘‘(I) The Chairman of the Bank shall design and im9 plement a program to provide information about Bank pro10 grams to companies which have not participated in Bank

11 programs. Not later than 1 year after the date of the enact12 ment of this subparagraph, the Chairman of the Bank shall

13 submit to the Congress a report on the activities undertaken

14 pursuant to this subparagraph.’’.

15 SEC. 9. FIRMS THAT HAVE SHOWN A COMMITMENT TO REIN16 VESTMENT AND JOB CREATION IN THE UNIT17 ED STATES TO BE GIVEN PREFERENCE IN FI18 NANCIAL ASSISTANCE DETERMINATIONS.

19 Section 2(b)(1) of the Export-Import Bank Act of 1945

20 (12 U.S.C. 635(b)(1)), as amended by section 8 of this Act,

21 is amended by adding at the end the following:

22 ‘‘(J) The Board of Directors of the Bank shall prescribe

23 such regulations and the Bank shall implement such proce24 dures as may be appropriate to ensure that, in selecting

25 from among firms to which to provide financial assistance,
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1 preference be given to any firm that has shown a commit2 ment to reinvestment and job creation in the United

3 States.’’.

4 SEC. 10. PREFERENCE IN EXPORT-IMPORT BANK ASSIST5 ANCE FOR EXPORTS TO CHINA TO BE PRO6 VIDED TO COMPANIES ADHERING TO CODE

7 OF CONDUCT.

8 (a) IN GENERAL.—Section 2 of the Export-Import

9 Bank Act of 1945 (12 U.S.C. 635) is amended by adding

10 at the end the following:

11 ‘‘(f) PREFERENCE IN ASSISTANCE FOR EXPORTS TO

12 CHINA TO BE PROVIDED TO ENTITIES ADHERING TO CODE

13 OF CONDUCT.—

14 ‘‘(1) PROHIBITIONS.—

15 ‘‘(A) IN GENERAL.—In determining whether

16 to guarantee, insure, extend credit, or partici17 pate in the extension of credit with respect to the

18 export of goods or services destined for the Peo19 ple’s Republic of China, the Board of Directors

20 shall give preference to entities that the Board of

21 Directors determines have established and are

22 adhering to the code of conduct set forth in para23 graph (2).

24 ‘‘(B) PENALTY FOR VIOLATION.—The Bank

25 shall withdraw any guarantee, insurance, or
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1 credit that the Bank has provided, and shall

2 withdraw from any participation in an exten3 sion of credit, to an entity with respect to the ex4 port of any good or service destined for the Peo5 ple’s Republic of China if the Board of Directors

6 determines that the entity is not adhering to the

7 code of conduct set forth in paragraph (2).

8 ‘‘(2) CODE OF CONDUCT.—An entity shall do all

9 of the following in all of its operations:

10 ‘‘(A) Provide a safe and healthy workplace.

11 ‘‘(B) Ensure fair employment, including

12 by—

13 ‘‘(i) avoiding child and forced labor,

14 and discrimination based upon race, gen15 der, national origin, or religious beliefs;

16 ‘‘(ii) respecting freedom of association

17 and the right to organize and bargain col18 lectively;

19 ‘‘(iii) paying not less than the mini20 mum wage required by law or the prevail21 ing industry wage, whichever is higher; and

22 ‘‘(iv) providing all legally mandated

23 benefits.

24 ‘‘(C) Obey all applicable environmental

25 laws.
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1 ‘‘(D) Comply with United States and local

2 laws promoting good business practices, includ3 ing laws prohibiting illicit payments and ensur4 ing fair competition.

5 ‘‘(E) Maintain, through leadership at all

6 levels, a corporate culture—

7 ‘‘(i) which respects free expression con8 sistent with legitimate business concerns,

9 and does not condone political coercion in

10 the workplace;

11 ‘‘(ii) which encourages good corporate

12 citizenship and makes a positive contribu13 tion to the communities in which the entity

14 operates; and

15 ‘‘(iii) in which ethical conduct is rec16 ognized, valued, and exemplified by all em17 ployees.

18 ‘‘(F) Require similar behavior by partners,

19 suppliers, and subcontractors under terms of con20 tracts.

21 ‘‘(G) Implement and monitor compliance

22 with the subparagraphs (A) through (F) through

23 a program that is designed to prevent and detect

24 noncompliance by any employee or supplier of

25 the entity and that includes—
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1 ‘‘(i) standards for ethical conduct of

2 employees of the entity and of suppliers

3 which refer to the subparagraphs;

4 ‘‘(ii) procedures for assignment of ap5 propriately qualified personnel at the man6 agement level to monitor and enforce com7 pliance;

8 ‘‘(iii) procedures for reporting non9 compliance by employees and suppliers;

10 ‘‘(iv) procedures for selecting qualified

11 individuals who are not employees of the

12 entity or of suppliers to monitor compli13 ance, and for assessing the effectiveness of

14 such compliance monitoring;

15 ‘‘(v) procedures for disciplinary action

16 in response to noncompliance;

17 ‘‘(vi) procedures designed to ensure

18 that, in cases in which noncompliance is de19 tected, reasonable steps are taken to correct

20 the noncompliance and prevent similar

21 noncompliance from occurring; and

22 ‘‘(vii) communication of all standards

23 and procedures with respect to the code of

24 conduct to every employee and supplier—
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1 ‘‘(I) by requiring all management

2 level employees and suppliers to par3 ticipate in a training program; or

4 ‘‘(II) by disseminating informa5 tion orally and in writing, through

6 posting of an explanation of the stand7 ards and procedures in prominent

8 places sufficient to inform all employ9 ees and suppliers, in the local lan10 guages spoken by employees and man11 agers.

12 ‘‘(3) SMALL BUSINESS EXCEPTION.—This sub13 section shall not apply to an entity that is a small

14 business (within the meaning of the Small Business

15 Act).’’.

16 (b) ANNUAL REPORT.—Section 2(b)(1)(A) of such Act

17 (12 U.S.C. 635(b)(1)(A)) is amended by adding at the end

18 the following: ‘‘The Bank shall include in the annual report

19 a description of the actions the Bank has taken to comply

20 with subsection (f) during the period covered by the re21 port.’’.

22 (c) RECIPIENTS OF ASSISTANCE FROM THE EXPORT23 IMPORT BANK TO BE PROVIDED WITH RESOURCES AND

24 INFORMATION TO FURTHER ADHERENCE TO GLOBAL

25 CODES OF CORPORATE CONDUCT.—The Export-Import
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1 Bank of the United States shall work with the Clearing2 house on Corporate Responsibility that is being developed

3 by the Department of Commerce to ensure that recipients

4 of assistance from the Export-Import Bank are made aware

5 of, and have access to, resources and organizations that can

6 assist the recipients in developing, implementing, and mon7 itoring global codes of corporate conduct.

8 SEC. 11. RENAMING OF BANK AS THE UNITED STATES EX9 PORT BANK.

10 (a) AMENDMENTS TO THE EXPORT-IMPORT BANK ACT

11 OF 1945.—

12 (1) The first section of the Export-Import Bank

13 Act of 1945 (12 U.S.C. 635 note) is amended to read

14 as follows:

15 ‘‘SECTION 1. SHORT TITLE.

16 ‘‘This Act may be cited as the ‘United States Export

17 Bank Act of 1945’.’’.

18 (2) The following provisions of such Act are

19 amended by striking ‘‘Export-Import Bank of the

20 United States’’ and inserting ‘‘United States Export

21 Bank’’:

22 (A) Section 2(a)(1) (12 U.S.C. 635(a)(1)).

23 (B) Section 3(a) (12 U.S.C. 635a(a).

24 (C) Section 3(b) (12 U.S.C. 635a(b)).

25 (D) Section 3(c)(1) (12 U.S.C. 635a(c)(1)).
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1 (E) Section 4 (12 U.S.C. 635b).

2 (F) Section 5 (12 U.S.C. 635d).

3 (G) Section 6(a) (12 U.S.C. 635e(a)).

4 (H) Section 7 (12 U.S.C. 635f).

5 (I) Section 8(a) (12 U.S.C. 635g(a)).

6 (J) Section 9 (12 U.S.C. 635h).

7 (3) The following provisions of such Act are

8 amended by striking ‘‘Export-Import Bank’’ each

9 place it appears and inserting ‘‘United States Export

10 Bank’’:

11 (A) Section 2(b)(1)(A) (12 U.S.C.

12 635(b)(1)(A)).

13 (B) Section 3(c)(3) (12 U.S.C. 635a(c)(3)).

14 (b) DEEMING RULES.—Any reference in any law,

15 map, regulation, document, paper, or other record of the

16 United States to the Export-Import Bank of the United

17 States is deemed to be a reference to the United States Ex18 port Bank, and any reference in any law, map, regulation,

19 document, paper, or other record of the United States to

20 the Export-Import Bank Act of 1945 is deemed to be a ref21 erence to the United States Export Bank Act of 1945.
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1 SEC. 12. PROHIBITION AGAINST ASSISTANCE TO RUSSIA IF

2 RUSSIA TRANSFERS CERTAIN MISSILE SYS3 TEMS TO THE PEOPLE’S REPUBLIC OF CHINA.

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

5 (12 U.S.C 635(b)) is amended by adding at the end the

6 following:

7 ‘‘(12) PROHIBITION AGAINST ASSISTANCE TO RUSSIA

8 IF RUSSIA TRANSFERS CERTAIN MISSILE SYSTEMS TO THE

9 PEOPLE’S REPUBLIC OF CHINA.—If the President of the

10 United States is made aware that Russia has transferred

11 or delivered to the People’s Republic of China an SS–N–

12 22 or SS–N–26 missile system, the President of the United

13 States shall notify the Bank of the transfer or delivery.

14 Upon receipt of the notification, the Bank shall not insure,

15 guarantee, extend credit or participate in an extension of

16 credit with respect to, or otherwise subsidize the export of

17 any good or service to Russia.’’.

18 SEC. 13. PROHIBITION AGAINST PROVISION OF ASSISTANCE

19 FOR EXPORTS TO COMPANIES THAT EMPLOY

20 CHILD LABOR.

21 Section 2 of the Export-Import Bank Act of 1945 (12

22 U.S.C. 635) is amended by adding at the end the following:

23 ‘‘(f) PROHIBITION AGAINST ASSISTANCE FOR EXPORTS

24 TO COMPANIES THAT EMPLOY CHILD LABOR.—The Bank

25 shall not guarantee, insure, extend credit, or participate in
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1 the extension of credit with respect to the export of any good

2 or service to an entity if the entity—

3 ‘‘(1) employs children in a manner that would

4 violate United States law regarding child labor if the

5 entity were located in the United States; or

6 ‘‘(2) has not made a binding commitment to not

7 employ children in such manner.’’.

Attest:

Clerk.