In the Senate of the United States,
October 5 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4455) entitled ‘‘An Act 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’’,
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE
EXPORT OF NONLETHAL DEFENSE ARTICLES
OR SERVICES THE PRIMARY END USE OF
WHICH WILL BE FOR CIVILIAN PURPOSES.
(a) IN GENERAL.—Section 2(b)(6) of the Export-Im-
port Bank Act of 1945 (12 U.S.C. 635(b)(6)) is amended
by adding at the end the following:
‘‘(I)(i) Subparagraph (A) shall not apply to a trans-
action involving defense articles or services if—
‘‘(I) the Bank determines that—
‘‘(aa) the defense articles or services are
nonlethal; and
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‘‘(bb) the primary end use of the defense ar-
ticles or services will be for civilian purposes;
and
‘‘(II) at least 15 calendar days before the date on
which the Board of Directors of the Bank gives final
approval to Bank participation in the transaction,
the Bank provides notice of the transaction to the
Committees on Banking, Finance and Urban Affairs
and on Appropriations of the House of Representa-
tives and the Committees on Banking, Housing, and
Urban Affairs and on Appropriations of the Senate.
‘‘(ii) Not more than 10 percent of the loan, guarantee,
and insurance authority available to the Bank for a fiscal
year may be used by the Bank to support the sale of defense
articles or services to which subparagraph (A) does not
apply by reason of clause (i) of this subparagraph.
‘‘(iii) Not later than September 1 of each fiscal year,
the Comptroller General of the United States, in consulta-
tion with the Bank, shall submit to the Committees on
Banking, Finance and Urban Affairs and on Appropria-
tions of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and on Appro-
priations of the Senate a report on the end uses of any de-
fense articles or services described in clause (i) with respect
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to which the Bank provided support during the second pre-
ceding fiscal year.’’.
(b) REPORT TO THE CONGRESS.—Section 2(b)(6)(H)
of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(6)(H)) is amended by inserting ‘‘or described in sub-
paragraph (I)(i)’’ before the period at the end of the first
sentence.
(c) PERIOD
OF EFFECTIVENESS.—The amendments
made by this section shall remain in effect during the pe-
riod beginning on the date of enactment of this Act and
ending on September 30, 1997.
SEC. 2. PROMOTION OF EXPORTS OF ENVIRONMENTALLY
BENEFICIAL GOODS AND SERVICES.
(a) IN GENERAL.—The first section 11(b) of the Ex-
port-Import Bank Act of 1945 (12 U.S.C. 635i–5(b)) is
amended—
(1) by inserting before ‘‘The Bank shall’’ the fol-
lowing:
‘‘(1) IN GENERAL.—’’;
(2) in the first sentence, by inserting before the
period ‘‘(such as exports of products and services used
to aid in the monitoring, abatement, control, or pre-
vention of air, water, and ground contaminants or
pollution, or which provide protection in the handling
of toxic substances, subject to a final determination by
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the Bank, and products and services for foreign envi-
ronmental projects dedicated entirely to the preven-
tion, control, or cleanup of air, water, or ground pol-
lution, including facilities to provide for control or
cleanup, and used in the retrofitting of facility equip-
ment for the sole purpose of mitigating, controlling,
or preventing adverse environmental effects, subject to
a final determination by the Bank)’’; and
(3) by adding at the end the following:
‘‘(2) LIMITATIONS
ON
AUTHORIZATION
OF
AP-
PROPRIATIONS.—In addition to other funds available
to support the export of goods and services described
in paragraph (1), there are authorized to be appro-
priated to the Bank not more than $35,000,000 for
the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of supporting such ex-
ports. If, in any fiscal year, the funds appropriated
in accordance with this paragraph are not fully uti-
lized due to insufficient qualified transactions for the
export of such goods and services, such funds may be
expended for other purposes eligible for support by the
Bank.’’.
(b) TECHNICAL
CORRECTION.—The Export-Import
Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended by
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redesignating the second section 11 (12 U.S.C. 635i–8) as
section 14.
Attest:
Secretary.