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.
PL 103-428 (H.R.4455), enacted 10/31/1994

PUBLIC LAW 103-428—OCT. 31, 1994 
108 STAT. 4375 
Public Law 103-428 
103d Congress 
An Act 
To authorize the Export-Import Bank of the United States to provide 
financing 
Q^, gi 1994 
for the export of nonlethal defense articles and defense services the primary 
' 
end use of which will be for civilian purposes. 
lii.K. 445oJ 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
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-Import 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 transaction involv-
ing defense articles or services i
f
— 
"(I) the Bank determines that— 
"(aa) the defense articles or services are nonlethal; 
and 
"(bb) the primary end use of the defense articles 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 Rep-
resentatives 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 Reports. 
Comptroller General of the United States, in consultation with 
the Bank, shall submit to the Committees on Banking, Finance 
and Urban Affairs and on Appropriations of the House of Represent-
atives and the Committees on Banking, Housing, and Urban Affairs 
and on Appropriations of the Senate a report on the end uses 
of any defense articles or services described in clause (i) with 
respect to which the Bank provided support during the second 
preceding 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 
108 STAT. 4376 
PUBLIC LAW 103-428—OCT. 31, 1994 
inserting "or described in subparagraph (I)(i)" before the period 
at the end of the first sentence. 
12 use 635 
(c) PERIOD OF EFFECTIVENESS.—^The amendments made by this 
"°*®- 
section shall remain in effect during the period beginning on the 
date of enactment of this Act and ending on September 30, 1997. 
SEC. 2. PROMOTION OF EXPORTS OF ENVIRONMENTALLY BENE-
FICIAL GOODS AND SERVICES. 
(a) IN GENERAL.—The first section 11(b) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635i-5(b)) is amended— 
(1) by inserting before "The Bank shall" the following: 
"(1) IN GENERAL.—"; 
(2) in the first sentence, by iasertLng before the period 
"(such as exports of products and services used to aid in the 
monitoring, abatement, control, or prevention of air, water, 
and ground contaminants or pollution, or which provide protec-
tion in the handling of toxic substances, subject to a final 
determination by the Bank, and products and services for for-
eign environmental projects dedicated entirely to the preven-
tion, control, or cleanup of air, water, or groimd poUutLon, 
including faciUties to provide for control or cleanup, and used 
in tiie retrofitting of facility equipment 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 APPROPRIATIONS.— 
In addition to other fiinds available to support the export 
of goods and services described in paragrapn (1), there are 
authorized to be appropriated 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 exports. 
If, in any fiscal year, the fiinds appropriated in accordance 
with this paragraph are not fiilly utilized due to insufficient 
qualified transactions for the export of such goods and services, 
such fiinds may be expended tor other purposes ehgible for 
support by the Bsmk.". 
(b) TECHNICAL CORRECTION.—The Export-Import Bank Act of 
1945 (12 U.S.C. 635 et seq.) is amended by redesignating the 
second section 11 (12 U.S.C. 635i-8) as section 14. 
Approved October 31, 1994. 
LEGISLATIVE HISTORY—H.R. 4455: 
HOUSE REPORTS: No. 103-681 (Comm. on Banking, Finance and Urban Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Aug. 8, considered and passed House. 
Oct. 5, considered and passed Senate, amended. 
Oct. 6, House concurred in Senate amendment.