IB
Union Calendar No. 178
107TH CONGRESS
1ST SESSION
H. R. 2871
[Report No. 107–292]
To reauthorize the Export-Import Bank of the United States, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 2001
Mr. BEREUTER introduced the following bill; which was referred to the
Committee on Financial Services
NOVEMBER 15, 2001
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 September 10, 2001]
A BILL
To reauthorize the Export-Import Bank of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Ex-
port-Import Bank Reauthorization Act of 2001’’.
(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. Renaming of Tied Aid Credit Program and Fund as Export Competi-
tiveness Program and Fund.
Sec. 12. Annual competitiveness report.
Sec. 13. Renewable energy sources.
Sec. 14. GAO reports.
Sec. 15. Human rights.
Sec. 16. Steel.
Sec. 17. Correction of references.
Sec. 18. Authority to deny application for assistance based on fraud or corrup-
tion by the applicant.
Sec. 19. Consideration of foreign country helpfulness in efforts to eradicate ter-
rorism.
Sec. 20. Outstanding orders and preliminary injury determinations.
Sec. 21. Sense of the Congress relating to renewable energy targets.
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 2nd sen-
tence 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. To further meet the objective set forth in
the preceding sentence, the Bank shall ensure that its loans,
guarantees, insurance, and credits are contributing to
maintaining or increasing employment of United States
workers.’’.
SEC. 3. EXTENSION OF AUTHORITY.
Section 7 of the Export-Import Bank Act of 1945 (12
U.S.C. 635f) and section 1(c) of Public Law 103–428 (12
U.S.C. 635 note; 108 Stat. 4376) are each amended by strik-
ing ‘‘2001’’ and inserting ‘‘2005’’.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
TIONS.—Section 3 of the Export-Import Bank Act of 1945
(12 U.S.C. 635a) is amended by adding at the end the fol-
lowing:
‘‘(f) LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
TIONS FOR ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—For administrative expenses
incurred by the Bank, including technology-related
expenses to carry out section 2(b)(1)(E)(x), there are
authorized to be appropriated to the Bank not more
than—
‘‘(A) for fiscal year 2002, $80,000,000; and
‘‘(B) for each of fiscal years 2003 through
2005, the amount authorized by this paragraph
to be appropriated for the then preceding fiscal
year, increased by the inflation percentage (as
defined in section 6(a)(2)(B)) applicable to the
then current fiscal year.
‘‘(2) OUTREACH
TO
SMALL
BUSINESSES
WITH
FEWER THAN 100 EMPLOYEES.—Of the amount appro-
priated pursuant to paragraph (1), there shall be
available for outreach to small business concerns (as
defined under section 3 of the Small Business Act)
employing fewer than 100 employees, not more
than—
‘‘(A) $2,000,000 for fiscal year 2002; and
‘‘(B) for each of fiscal years 2003 through
2005, the amount required by this paragraph to
be made available for the then preceding fiscal
year, increased by the inflation percentage (as
defined in section 6(a)(2)(B)) applicable to the
then current fiscal year.’’.
(b) REQUIRED BUDGET SUBCATEGORIES.—Section
1105(a) of title 31, United States Code, is amended by add-
ing at the end the following:
‘‘(34) with respect to the amount of appropria-
tions 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 re-
quested for its administrative expenses, and of the
amount requested for its administrative expenses, the
amount requested for technology expenses and the
amount requested for expenses for outreach to small
business concerns (as defined under section 3 of the
Small Business Act) employing fewer than 100 em-
ployees.’’.
(c) SENSE OF THE CONGRESS ON THE IMPORTANCE
OF TECHNOLOGY IMPROVEMENTS.—
(1) FINDINGS.—The Congress finds that—
(A) the Export-Import Bank of the United
States is in great need of technology improve-
ments;
(B) part of the amount budgeted for admin-
istrative expenses of the Export-Import Bank is
used for technology initiatives and systems up-
grades for computer hardware and software pur-
chases;
(C) the Export-Import Bank is falling be-
hind its foreign competitor export credit agen-
cies’ proactive technology improvements;
(D) small businesses disproportionately ben-
efit from improvements in technology;
(E) small businesses need Export-Import
Bank technology improvements in order to ex-
port transactions quickly, with as great paper
ease as possible, and with a quick Bank turn-
around time that does not overstrain the tight
resources of such businesses;
(F) the Export-Import Bank intends to de-
velop 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 pay-
ment of claims, and increase staff efficiency;
(G) the Export-Import Bank is beginning
the process of moving insurance applications
from an outdated mainframe system to a mod-
ern, 
web-enabled 
database, 
with 
new
functionality including credit scoring, portfolio
management, work flow and e-commerce features
to be added; and
(H) the Export-Import Bank wants to con-
tinue its e-commerce strategy, including web site
development, expanding online applications and
establishing a public/private sector technology
partnership.
(2) SENSE OF THE CONGRESS.—The Congress
emphasizes the importance of technology improve-
ments 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.—
‘‘(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 ag-
gregate amount in excess of the applicable amount.
‘‘(2) APPLICABLE AMOUNT.—
‘‘(A) IN GENERAL.—In paragraph (1), the
term ‘applicable amount’ means—
‘‘(i) 
during 
fiscal 
year 
2002,
$100,000,000,000, increased by the inflation
percentage applicable to fiscal year 2002;
‘‘(ii) 
during 
fiscal 
year 
2003,
$110,000,000,000, increased by the inflation
percentage applicable to fiscal year 2003;
‘‘(iii) 
during 
fiscal 
year 
2004,
$120,000,000,000, increased by the inflation
percentage applicable to fiscal year 2004;
and
‘‘(iv) 
during 
fiscal 
year 
2005,
$130,000,000,000, increased by the inflation
percentage applicable to fiscal year 2005.
‘‘(B) INFLATION
PERCENTAGE.—For pur-
poses of subparagraph (A) of this paragraph, the
inflation percentage applicable to any fiscal year
is the percentage (if any) by which—
‘‘(i) the average of the Consumer Price
Index (as defined in section 1(f)(5) of the
Internal Revenue Code of 1986) for the 12-
month period ending on December 31 of the
immediately preceding fiscal year; exceeds
‘‘(ii) the average of the Consumer Price
Index (as so defined) for the 12-month pe-
riod ending on December 31 of the 2nd pre-
ceding fiscal year.
‘‘(3) SUBJECT TO APPROPRIATIONS.—All spend-
ing 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 by striking ‘‘4 years after the date of enactment
of this subparagraph’’ and inserting ‘‘on September 30,
2005’’.
(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 con-
sultation with the Department of Commerce and the Trade
Promotion Coordinating Council,’’ after ‘‘shall’’.
(c) CONTINUED REPORTS TO THE CONGRESS.—Sec-
tion 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’’.
(d) CREATION OF OFFICE ON AFRICA.—Section 3 of
the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is
further amended by adding at the end the following:
‘‘(g) OFFICE ON AFRICA.—
‘‘(1) ESTABLISHMENT.—There is established in
the Bank an Office on Africa.
‘‘(2) FUNCTION.—The Office on Africa shall
focus on increasing Bank activities in Africa and in-
creasing visibility among United States companies of
African markets for exports.
‘‘(3) REPORTS.—The Office on Africa shall, from
time to time not less than annually, report to the
Board on the matters described in paragraph (2).’’.
SEC. 7. SMALL BUSINESS.
(a) IN GENERAL.—Section 2(b)(1)(E)(v) of the Ex-
port-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v))
is amended—
(1) by striking ‘‘10’’ and inserting ‘‘20’’; and
(2) by inserting ‘‘, and from such amount, not
less than 8 percent of such authority shall be made
available for small business concerns employing fewer
than 100 employees’’ before the period.
(b) OUTREACH TO BUSINESSES OWNED BY SOCIALLY
DISADVANTAGED
INDIVIDUALS
OR
WOMEN.—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 businesses not less than
51 percent of which are directly and unconditionally owned
by 1 or more socially disadvantaged individuals (as defined
in section 8(a)(5) of the Small Business Act) or women,’’.
(c) OFFICE FOR SMALL BUSINESS EXPORTERS.—Sec-
tion 3 of such Act (12 U.S.C. 635a) is further amended by
adding at the end the following:
‘‘(h) OFFICE FOR SMALL BUSINESS EXPORTERS.—
‘‘(1) ESTABLISHMENT.—There is established in
the Bank an Office for Small Business Exporters.
‘‘(2) FUNCTION.—The Office for Small Business
Exporters shall focus on increasing Bank activities to
enhance small business exports and to meet the
unique trade finance needs of small business export-
ers.
‘‘(3) REPORTS.—The Office for Small Business
Exporters shall, from time to time not less than an-
nually, report to the Board on the how the Office for
Small Business Exporters is achieving the goals as
described in paragraph (2).
‘‘(4) SENSE OF CONGRESS.—It is the sense of the
Congress that the Bank should redirect and prioritize
existing resources and personnel to establish the Office
for Small Business Exporters.’’.
SEC. 8. TECHNOLOGY.
(a) SMALL BUSINESS.—Section 2(b)(1)(E) of the Ex-
port-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 improve-
ments which are designed to improve small business out-
reach, including allowing customers to use the Internet to
apply for all Bank programs.’’.
(b) ELECTRONIC TRACKING
OF PENDING TRANS-
ACTIONS.—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.’’.
(c) REPORTS.—
(1) IN GENERAL.—During each of fiscal years
2002 through 2005, the Export-Import Bank of the
United States shall submit to the Committees on Fi-
nancial Services and on Appropriations of the House
of Representatives and the Committees on Banking,
Housing, and Urban Affairs and on Appropriations
of the Senate an interim report and a final report on
the efforts made by the Bank to carry out subsections
(E)(x) and (J) of section 2(b)(1) of the Export-Import
Bank Act of 1945, and on how the efforts are assist-
ing small businesses.
(2) TIMING.—The interim report required by
paragraph (1) for a fiscal year shall be submitted
April 30 of the fiscal year, and the final report so re-
quired for a fiscal year shall be submitted on Novem-
ber 1 of the succeeding fiscal year.
SEC. 9. TIED AID CREDIT FUND.
(a) 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)(A), by striking ‘‘Secretary’s
recommendations’’ and all that follows and inserting
‘‘process and standards developed pursuant to para-
graph (5);’’; and
(2) by adding at the end the following:
‘‘(5) PROCESS AND STANDARDS GOVERNING USE
OF THE FUND.—
‘‘(A) IN GENERAL.—The Secretary shall de-
velop a process for, and the 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 sub-
section (a)(6).
‘‘(B) CONTENT
OF
PROCESS
AND
STAND-
ARDS.—
‘‘(i) 
CONSIDERATION
OF
CERTAIN
STANDARDS.—In developing the standards
referred to in subparagraph (A), the Sec-
retary shall consider administering the Tied
Aid Credit Fund in accordance with the fol-
lowing standards:
‘‘(I) 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.
‘‘(II) Credible information about
an offer of foreign tied aid will be re-
quired before the Tied Aid Credit Fund