IB
Union Calendar No. 132
105TH CONGRESS
1ST SESSION
H. R. 1370
[Report No. 105–224]
To reauthorize the Export-Import Bank of the United States.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 1997
Mr. CASTLE (by request) (for himself, Mr. FLAKE, Mr. LEACH, Mr. GON-
ZALEZ, Mr. BEREUTER, Mr. LAFALCE, Mr. MANZULLO, Mr. BENTSEN,
Mr. GEJDENSON, Mrs. MALONEY of New York, Mr. METCALF, and Mr.
GILMAN) introduced the following bill; which was referred to the Commit-
tee on Banking and Financial Services
JULY 31, 1997
Additional sponsor: Mr. MALONEY of Connecticut
JULY 31, 1997
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]
[For text of introduced bill, see copy of bill as introduced on April 17, 1997]
A BILL
To reauthorize the Export-Import Bank of the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF AUTHORITY.
Section 7 of the Export-Import Bank Act of 1945 (12
U.S.C. 635f) is amended by striking ‘‘1997’’ and inserting
‘‘2001’’.
SEC. 2. TIED AID CREDIT FUND AUTHORITY.
(a) Section 10(c)(2) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635i–3(c)(2)) is amended by striking
‘‘through September 30, 1997’’.
(b) Section 10(e) of such Act (12 U.S.C. 635i–3(e)) is
amended by striking the first sentence and inserting the fol-
lowing: ‘‘There are authorized to be appropriated to the
Fund such sums as may be necessary to carry out the pur-
poses of this section.’’.
SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE FINANCING
FOR THE EXPORT OF NONLETHAL DEFENSE
ARTICLES OR SERVICES THE PRIMARY END
USE OF WHICH WILL BE FOR CIVILIAN PUR-
POSES.
Section 1(c) of Public Law 103–428 (12 U.S.C. 635
note; 108 Stat. 4376) is amended by striking ‘‘1997’’ and
inserting ‘‘2001’’.
SEC. 4. CLARIFICATION OF PROCEDURES FOR DENYING
CREDIT BASED ON THE NATIONAL INTEREST.
Section 2(b)(1)(B) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(1)(B)) is amended—
(1) in the last sentence, by inserting ‘‘, after con-
sultation with the Committee on Banking and Finan-
cial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs
of the Senate,’’ after ‘‘President’’; and
(2) by adding at the end the following: ‘‘Each
such determination shall be delivered in writing to
the President of the Bank, shall state that the deter-
mination is made pursuant to this section, and shall
specify the applications or categories of applications
for credit which should be denied by the Bank in fur-
therance of the national interest.’’.
SEC. 5. ADMINISTRATIVE COUNSEL.
Section 3(e) of the Export-Import Bank Act of 1945
(12 U.S.C. 635a(e)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
(2) by adding at the end the following:
‘‘(2) The General Counsel of the Bank shall ensure that
the directors, officers, and employees of the Bank have avail-
able appropriate legal counsel for advice on, and oversight
of, issues relating to ethics, conflicts of interest, personnel
matters, and other administrative law matters by designat-
ing an attorney to serve as Assistant General Counsel for
Administration, whose duties, under the supervision of the
General Counsel, shall be concerned solely or primarily with
such issues.’’.
SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA.
(a) IN GENERAL.—Section 2(b) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(b)) is amended by insert-
ing after paragraph (8) the following:
‘‘(9)(A) The Board of Directors of the Bank shall take
prompt measures, consistent with the credit standards oth-
erwise required by law, to promote the expansion of the
Bank’s financial commitments in sub-Saharan Africa
under the loan, guarantee, and insurance programs of the
Bank.
‘‘(B)(i) The Board of Directors shall establish and use
an advisory committee to advise the Board of Directors on
the development and implementation of policies and pro-
grams designed to support the expansion described in sub-
paragraph (A).
‘‘(ii) The advisory committee shall make recommenda-
tions to the Board of Directors on how the Bank can facili-
tate greater support by United States commercial banks for
trade with sub-Saharan Africa.
‘‘(iii) The advisory committee shall terminate 4 years
after the date of the enactment of this subparagraph.’’.
(b) REPORTS TO THE CONGRESS.—Within 6 months
after the date of the enactment of this Act, and annually
for each of the 4 years thereafter, the Board of Directors
of the Export-Import Bank of the United States submit to
the Congress a report on the steps that the Board has taken
to implement section 2(b)(9)(B) of the Export-Import Bank
Act of 1945 and any recommendations of the advisory com-
mittee established pursuant to such section.
SEC. 7. INCREASE IN LABOR REPRESENTATION ON THE AD-
VISORY COMMITTEE OF THE EXPORT-IMPORT
BANK.
Section 3(d)(2) of the Export-Import Bank Act of 1945
(12 U.S.C. 635a(d)(2)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding after and below the end the follow-
ing:
‘‘(B) Not less than 2 members appointed to the Advi-
sory Committee shall be representative of the labor commu-
nity.’’.
SEC. 8. OUTREACH TO COMPANIES.
Section 2(b)(1) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)) is amended by adding at the end the
following:
‘‘(I) The Chairman of the Bank shall design and im-
plement a program to provide information about Bank pro-
grams to companies which have not participated in Bank
programs. Not later than 1 year after the date of the enact-
ment of this subparagraph, the Chairman of the Bank shall
submit to the Congress a report on the activities undertaken
pursuant to this subparagraph.’’.
SEC. 9. FIRMS THAT HAVE SHOWN A COMMITMENT TO REIN-
VESTMENT AND JOB CREATION IN THE UNIT-
ED STATES TO BE GIVEN PREFERENCE IN FI-
NANCIAL ASSISTANCE DETERMINATIONS.
Section 2(b)(1) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)(1)), as amended by section 8 of this Act,
is amended by adding at the end the following:
‘‘(J) The Board of Directors of the Bank shall prescribe
such regulations and the Bank shall implement such proce-
dures as may be appropriate to ensure that, in selecting
from among firms to which to provide financial assistance,
preference be given to any firm that has shown a commit-
ment to reinvestment and job creation in the United
States.’’.