Export-Import Bank Reauthorization Act of 2002
PL 107-189 (S.1372), enacted 06/14/2002

116 STAT. 698 
PUBLIC LAW 107-189^TUNE 14, 2002 
Public Law 107-189 
107th Congress 
June 14, 2002 
[S. 1372] 
Export-Import 
Bank 
Reauthorization 
Act of 2002. 
12 u s e 635 note. 
An Act 
To reauthorize the Export-Import Bank of the United States. 
Be it enacted by the Senate and House of Representatives of 
the United Stat&s of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—^This Act may be cited as the "Export-Import 
Bank Reauthorization Act of 2002". 
(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 emplojonent. 
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. Annual competitiveness report. 
Sec. 12. Annual report. 
Sec. 13. Renewable energy sources. 
Sec. 14. GAO report on comparative reserve practices of export credit agencies and 
private banks. 
Sec. 15. Human rights. 
Sec. 16. Authority to deny application for assistance based on fraud or corruption 
by any party involved in the transaction. 
Sec. 17. Consideration of foreign country helpfulness in efforts to eradicate ter-
rorism. 
Sec. 18. Outstanding orders and preUminary injury determinations. 
Sec. 19. Requirement that applicants for assistance disclose whether they have vio-
lated certain Acts; maintenance of list of violators. 
Sec. 20. Sense of the Congress. 
Sec. 21. Consideration of enforcement of certain laws. 
Sec. 22. Inspector General of the Export-Import Bank. 
Sec. 23. Sense of the Congress in tribute to John E. Robson. 
Sec. 24. Correction of references and other technical corrections. 
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(aXl)) is amended by striking the second sentence 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 posses-
sions 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. The Bank's objective in authorizing loans, 
guarantees, insurance, and credits shall be to contribute to 
maintaining or increasing employment of United States workers.". 
PUBLIC LAW 107-189—JUNE 14, 2002 
116 STAT. 699 
SEC. 3. EXTENSION OF AUTHORITY. 
Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 
635f) is amended by striking "2001" and inserting "2006". 
SEC. 4. ADMINISTRATIVE EXPENSES. 
(a) REQUIRED BUDGET SUBCATEGORIES.—Section 1105(a) of title 
31, United States Code, is amended by adding at the end the 
following: 
"(34) with respect to the amount of appropriations 
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 requested for its administrative 
expenses, and of the amount requested for its administrative 
expenses, the amount requested for technology expenses.". 
(b) SENSE OF THE CONGRESS ON THE IMPORTANCE OF TECH-
NOLOGY IMPROVEMENTS.— 
(1) FINDINGS.—The Congress finds that— 
(A) the Export-Import Bank of the United States is 
in great need of technology improvements; 
(B) part of the amount budgeted for administrative 
expenses of the Bank is used for technology initiatives 
and systems upgrades for computer hardware and software 
purchases; 
(C) the Bank is falling behind its foreign competitor 
export credit agencies' proactive technology improvements; 
(D) small businesses disproportionately benefit from 
improvements in technology; 
(E) small businesses need improvements in Bank tech-
nology in order to export transactions quickly, with as 
little paperwork as possible, and with a quick Bank turn-
around time that does not over strain the tight resources 
of such businesses; 
(F) the Bank intends to develop a number of e-com-
merce initiatives aimed at improving customer service, 
including web-based application and claim filing procedures 
which would reduce processing time, speed payment of 
claims, and increase staff efficiency; 
(G) the Bank is beginning the process of moving insur-
ance applications from an outdated mainframe system to 
a modem, web-enabled database, with new functionality 
including credit scoring, portfolio management, work flow, 
and e-commerce features to be added; and 
(H) the Bank wants to continue its e-commerce 
strategy, including developing a website, expanding online 
applications, and establishing a technology partnership 
between the public and private sectors. 
(2) SENSE OF THE CONGRESS.—It is the sense of the Con-
gress that emphasis should be placed on the importance of 
technology improvements 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.— 
116 STAT. 700 
PUBLIC LAW 107-189—JUNE 14, 2002 
"(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 aggregate amount in excess 
of the applicable amount. 
"(2) APPLICABLE AMOUNT.—In paragraph (1), the term 
'applicable amount' means— 
"(A) during fiscal year 2002, $80,000,000,000; 
"(B) during fiscal year 2003, $85,000,000,000; 
"(C) during fiscal year 2004, $90,000,000,000; 
"(D) during fiscal year 2005, $95,000,000,000; and 
"(E) during fiscal year 2006, $100,000,000,000. 
"(3) SUBJECT TO APPROPRIATIONS.—^All spending 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 to read as follows: 
Termination 
"(iii) The advisory committee shall terminate on September 
date. 
30,2006.". 
(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 consultation with the Secretary of 
Commerce and the Trade Promotion Coordinating Committee," after 
"shall". 
(c) CONTINUED REPORTS TO THE CONGRESS.—Section 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". 
SEC. 7. SMALL BUSINESS. 
(a) IN GENERAL.—Section 2(b)(lXE)(v) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(b)(l)(E)(v)) is amended by striking 
"10" and inserting "20". 
(b) 
OUTREACH 
TO CERTAIN 
SMALL 
BUSINESSES.—Section 
2(b)(l)(E)(iii)(II) of such Act (12 U.S.C. 635(b)(l)(E)(iii)(II)) is 
amended by inserting after "Bank" the following: ", with particular 
emphasis on conducting outreach and increasing loans to socially 
and economically disadvantaged small business concerns (as defined 
in section 8(a)(4) of the Small Business Act), small business concerns 
(as defined in section 3(a) of the Small Business Act) owned by 
women, and small business concerns (as defined in section 3(a) 
of the Small Business Act) employing fewer than 100 employees,". 
SEC 8. TECHNOLOGY. 
(a) SMALL BUSINESS.—Section 2(b)(1)(E) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)) is amended by adding 
at the end the following: 
Internet. 
"(x) The Bank shall implement technology improvements that 
are designed to improve small business outreach, including allowing 
customers to use the Internet to apply for the Bank's small business 
programs.". 
(b) ELECTRONIC TRACKING OF PENDING TRANSACTIONS.—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.". 
PUBLIC LAW 107-189-^UNE 14, 2002 
116 STAT. 701 
(c) REPORTS.—^The Export-Import Bank of the United States 
12 use 635g 
shall include in the annual report required by section 8(a) of the note. 
Export-Import Bank Act of 1945 for each of fiscal years 2002 
through 2006 a report on the efforts made by the Bank to carry 
out subparagraphs (E)(x) and (J) of section 2(b)(1) of such Act, 
and on how the efforts are assisting small businesses. 
SEC. 9. TIED AID CREDIT FUND. 
(a) PRINCIPLES, 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), by striking subparagraph (A) and 
inserting the following: 
"(A) in consultation with the Secretary and in accord-
ance with the principles, process, and standards developed 
pursuant to paragraph (5) of this subsection and the pur-
poses described in subsection (a)(5);"; and 
(2) by adding at the end the following: 
"(5) PRINCIPLES, PROCESS, AND STANDARDS GOVERNING USE 
OF THE FUND.— 
"(A) IN GENERAL.—^The Secretary and the Bank jointly 
shall develop a pi-ocess for, and the principles and stand-
ards 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 subsection (a)(6). 
"(B) CONTENT OF PRINCIPLES, PROCESS, AND STAND-
ARDS.— 
"(i) CONSIDERATION OF CERTAIN PRINCIPLES AND 
STANDARDS.—In developing the principles and stand-
ards referred to in subparagraph (A), the Secretary 
and the Bank shall consider administering the Tied 
Aid Credit Fund in accordance with the following prin-
ciples and standards: 
"(I) The Tied Aid Credit Fund should be used 
to leverage multilateral negotiations to restrict the 
scope for aid-financed trade distortions through 
new multilateral rules, and to police existing rules. 
"(II) 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. 
"(Ill) Credible information about an offer of 
foreign tied aid will be required before the Tied 
Aid Credit Fund is used to offer specific terms 
to match such an offer. 
"(IV) The Tied Aid Credit Fund will be used 
to enable a competitive United States exporter 
to pursue further market opportunities on commer-
cial terms made possible by the use of the Fund. 
"(V) Each use of the Tied Aid Credit Fund 
will be in accordance with the Arrangement unless 
a breach of the Arrangement has been committed 
by a foreign export credit agency. 
"(VI) The Tied Aid Credit Fund may only be 
used to defend potential sales by United States 
companies to a project that is enviroiimentally 
sound. 
116 STAT. 702 
PUBLIC LAW 1 0 7 - 1 8 9 - ^ U N E 14, 2002 
Deadline. 
Records. 
Records. 
12 u s e 635a 
note. 
"(VII) The Tied Aid Credit Fund may be used 
to preemptively counter potential foreign tied aid 
offers without triggering foreign tied aid use. 
"(ii) CONCLUSION.—Once the principles, process 
and standards referred to in subparagraph (A) are 
followed, the final case-by-case decisions on the use 
of the Tied Aid Credit Fund shall be made by the 
Bank: Provided however, That the Bank shall not 
approve the extension of a proposed tied aid credit 
if the President of the United States determines, after 
consulting with the President of the Bank and the 
Secretary of the Treasury, that the extension of the 
tied aid credit would materially impede achieving the 
purposes described in subsection (a)(6). 
"(C) INITIAL PRINCIPLES, PROCESS, AND STANDARDS.— 
As soon as is practicable but not later than 6 months 
after the date of the enactment of this paragraph, the 
Secretary and the Bank shall submit to the Committee 
on Financial Services of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs 
of the Senate a copy of the principles, process, and stand-
ards developed pursuant to subparagraph (A). 
"(D) TRANSITIONAL PRINCIPLES AND STANDARDS.—^The 
principles and standards set forth in subparagraph (B)(i) 
shall govern the use of the Tied Aid Credit Fund until 
the principles, process, and standards required by subpara-
graph (C) are submitted. 
"(E) 
UPDATE AND REVISION.—The Secretary and 
the 
Bank jointly should update and revise, as needed, the 
principles, process, and standards developed pursuant to 
subparagraph (A), and, on doing so, shall submit to the 
Committee on Financial Services of the House of Represent-
atives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a copy of the principles, process, 
and standards so updated and revised.", 
(b) RECONSIDERATION OF BOARD DECISIONS ON USE OF FUND.— 
Section 10(b) of such Act (12 U.S.C. 635i-3(b)) is further amended 
by adding at the end the following: 
"(6) RECONSIDERATION OF DECISIONS.— 
"(A) IN GENERAL.—^Taking into consideration the time 
sensitivity of transactions, the Board of Directors of the 
Bank shall expeditiously pursuant 
to paragraph 
(2) 
reconsider a decision of the Board to deny an application 
for the use of the Tied Aid Credit Fund if the applicant 
submits the request for reconsideration within 3 months 
of the denial. 
"(B) PROCEDURAL RULES.—In any such reconsideration, 
the applicant may be required to provide new information 
on the application.". 
SEC. 10. EXPANSION OF AUTHORITY TO USE TIED AID CREDIT FUND. 
(a) UNTIED AID.— 
(1) NEGOTIATIONS.—The Secretary of the Treasury shall 
seek to negotiate an OECD Arrangement on Untied Aid. In 
the negotiations, the Secretary should seek agreement on sub-
jecting untied aid to the rules governing the Arrangement, 
including the rules governing disclosure. 
PUBLIC LAW 107-189—JUNE 14, 2002 
116 STAT. 703 
(2) REPORT TO THE CONGRESS.—^Within 1 year after the 
date of the enactment of this Act, the Secretary of the Treasury 
shall submit to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a report on the 
successes, failures, and obstacles in initiating negotiations, and 
if negotiations were initiated, in reaching the agreement 
described in paragraph (1). 
(b) MARKET WINDOWS.— 
(1) IN GENERAL.—The Export-Import Bank Act of 1945 
(12 U.S.C. 635 et seq.) is amended by adding at the end the 
following new section: 
"SEC. 15. MARKET WINDOWS. 
"(a) ENHANCED TRANSPARENCY.—To ensure that the Bank 
financing remains fully competitive, the United States should seek 
enhanced transparency over the activities of market windows in 
the 
O E C D Export Credit Arrangement. If such transparency 
indicates that market windows are disadvantaging United States 
exporters, the United States should seek negotiations for multilat-
eral disciplines and transparency within the OECD Export Credit 
Arrangement. 
"(b) AUTHORIZATION.—^The Bank may provide financing on 
terms and conditions that are inconsistent with those permitted 
under the OECD Export Credit Arrangement— 
"(1) to match financing terms and conditions that are being 
offered by market windows on terms that are inconsistent with 
those permitted under the OECD Export Credit Arrangement, 
if— 
"(A) matching such terms and conditions advances the 
negotiations for multilateral disciplines and transparency 
within the OECD Export Credit Arrangement; or 
"(B) transparency verifies that the market window 
financing is being offered on terms that are more favorable 
than the terms and conditions that are available from 
private financial markets; and 
"(2) when the foreign government-supported institution 
refuses to provide sufiicient transparency to permit the Bank 
to make a determination under paragraph (1). 
"(c) DEFINITION.—In this section, the term 'OECD' means the 
Organization for Economic Cooperation and Development.". 
(2) REPORT.—^Within 2 years after the date of the enactment 
of this Act, the Secretary of the Treasury shall submit to 
the Committee on Financial Services of the House of Represent-
atives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a report on the rationale for seeking 
or not seeking negotiations for multilateral disciplines and 
transparency, the successes, failures, and obstacles in initiating 
negotiations, and if negotiations were initiated, in reaching 
an agreement. 
(c) USE OF TIED AID CREDIT FUND TO COMBAT UNTIED AID.— 
Section 10(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635i-3(a)) is amended— 
(1) in paragraph (4), by striking "and" at the end; 
(2) in paragraph (5), by inserting ", or untied aid used 
to promote exports as if it were tied aid," before "for commer-
cial" the first and third places it appears; and 
Deadline. 
12 use 635i-9. 
Deadline. 
12 use 635i-9 
note. 
116 STAT. 704 
PUBLIC LAW 107-189-^UNE 14, 2002 
Deadline. 
Classified 
information. 
(3) by redesignating paragraph (5) as paragraph (6) and 
inserting after paragraph (4) the following: 
"(5) the Bank has, at a minimum, the following two tasks— 
"(A)(i) first, the Bank should match foreign export 
credit agencies and aid agencies when they engage in tied 
aid outside the confines of the Arrangement and when 
they exploit loopholes, such as untied aid; 
"(ii) such matching is needed to provide the United 
States with leverage in efforts at the OECD to reduce 
the overall level of export subsidies; 
"(iii) only through matching foreign export credit offers 
can the Bank buttress United States negotiators in their 
efforts to bring these loopholes within the disciplines of 
the Arrangement; and 
"(iv) in order to bring untied aid within the discipline 
of the Arrangement, the Bank should consider initiating 
highly competitive financial support when the Bank learns 
that foreign untied aid offers will be made; and 
"(B) second, the Bank should support United States 
exporters when the exporters face foreign competition that 
is consistent with the Arrangement and the Subsidies Code 
of the World Trade Organization, but which places United 
States exporters at a competitive disadvantage; and". 
(d) DEFINITION OF MARKET WINDOW.—Section 10(h) of such 
Act (12 U.S.C. 635i-3(h)) is amended by adding at the end the 
following: 
"(7) MARKET WINDOW.—The Bank, in consultation with the 
Secretary of the Treasury, shall define 'market window' for 
purposes of this section.". 
SEC. 11. ANNUAL COMPETITIVENESS REPORT. 
Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)(A)) is amended— 
(1) in the fourth sentence, by striking "on an annual basis" 
and inserting "not later than June 30 of each year"; 
(2) in the fifth sentence, by inserting "(including through 
use of market windows)" after "United States exporters"; 
(3) by inserting after the fifth sentence, the following new 
sentence: "With respect to the preceding sentence, the Bank 
shall use all available information to estimate the annual 
amount of export financing available from each government 
and government-related agency."; and 
(4) by adding at the end the following new sentence: "The 
Bank shall include in the annual report a description of all 
Bank transactions which shall be classified according to their 
principal purpose, such as to correct a market failure or to 
provide matching support.". 
SEC. 12. ANNUAL REPORT. 
(a) TECHNOLOGY TO ASSIST SMALL BUSINESSES.—Section 8 of 
the Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended 
by adding at the end the following: 
"(c) TECHNOLOGY TO ASSIST SMALL BUSINESSES.—The Bank 
shall include in its annual report to the Congress under subsection 
(a) of this section for each of fiscal years 2002 through 2006 a 
report on the efforts made by the Bank to carry out subparagraphs 
(E)(x) and (J) of section 2(b)(1) of this Act, and on how the efforts 
PUBLIC LAW 107-189—JUNE 14, 2002 
116 STAT. 705 
are assisting small business concerns (as defined in section 3(a) 
of the Small Business Act).". 
(b) NUMBER OF SMALL BUSINESS SUPPLIERS OF BANK USERS.— 
Section 8 of such Act (12 U.S.C. 635g) is further amended by 
adding at the end the following: 
"(d) NUMBER OF SMALL BUSINESS SUPPLIERS OF BANK USERS.— 
The Bank shall estimate on the basis of an annual survey or 
tabulation the number of entities that are suppliers of users of 
the Bank and that are small business concerns (as defined in 
section 3(a) of the Small Business Act) located in the United States, 
and shall include the estimate in its annual report to the Congress 
under subsection (a) of this section.". 
(c) OUTREACH TO CERTAIN SMALL BUSINESSES.—Section 8 of 
such Act (12 U.S.C. 635g) is further amended by adding at the 
end the following: 
"(e) OUTREACH TO CERTAIN SMALL BUSINESSES.—The Bank; 
shall include in its annual report to the Congress under subsection 
(a) of this section a description of outreach efforts made by the 
Bank to any socially and economically disadvantaged small business 
concerns (as defined in section 8(a)(4) of the Small Business Act), 
small business concerns (as defined in section 3(a) of the Small 
Business Act) owned by women, and small business concerns (as 
defined in section 3(a) of the Small Business Act) employing fewer 
than 100 employees.". 
SEC. 13. RENEWABLE ENERGY SOURCES. 
(a) PROMOTION.—Section 2(b)(1) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(1)) is further amended by adding at 
the end the following: 
"(K) The Bank shall promote the export of goods and services 
related to renewable energy sources.". 
(b) DESCRIPTION OF EFFORTS TO BE INCLUDED IN ANNUAL 
COMPETITIVENESS REPORT.—Section 2(b)(1)(A) of such Act (12 
U.S.C. 635(b)(1)(A)) is further amended by adding at the end the 
following: "The Bank shall include in the annual report a description 
of the efforts undertaken under subparagraph (K).". 
SEC. 14. GAG REPORT ON COMPARATIVE RESERVE PRACTICES OF 
Deadline 
EXPORT CREDIT AGENCIES AND PRIVATE BANKS. 
12 USC 635 note 
Within 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Financial Services of the House of Representatives 
and the Committee on Banking, Housing, and Urban Affairs of 
the Senate a report that examines the reserve ratios of the Export-
Import Bank of the United States as compared with the reserve 
practices of private banks and foreign export credit agencies. 
SEC. 15. HUMAN RIGHTS. 
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)(B)) is amended by inserting "(such as are provided 
in the Universal Declaration of Human Rights adopted by the 
United Nations General Assembly on December 10, 1948)" after 
"human rights". 
116 STAT. 706 
PUBLIC LAW 1 0 7 - 1 8 9 - ^ U N E 14, 2002 
Loans. 
Deadline. 
Procedures. 
Reports. 
Procedures. 
Notification. 
SEC. 16. AUTHORITY TO DENY APPLICATION FOR ASSISTANCE BASED 
ON FRAUD OR CORRUPTION BY ANY PARTY INVOLVED IN 
THE TRANSACTION. 
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 
635) is amended by adding at the end the following: 
"(f) AUTHORITY TO DENY APPLICATION FOR ASSISTANCE BASED 
ON FRAUD OR CORRUPTION BY PARTY INVOLVED IN THE TRANS-
ACTION.—In addition to any other authority of the Bank, the Bank 
may deny an application for assistance with respect to a transaction 
if the Bank has substantial credible evidence that any party to 
the transaction or any party involved in the transaction has com-
mitted an act of fraud or corruption in connection with the trans-
action.". 
SEC. 17. CONSIDERATION OF FOREIGN COUNTRY HELPFULNESS IN 
EFFORTS TO ERADICATE TERRORISM. 
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)(B)) is amended in the penultimate sentence by 
inserting "(including, when relevant, a foreign nation's lack of 
cooperation in efforts to eradicate terrorism)" after "international 
terrorism". 
SEC. 18. OUTSTANDING ORDERS AND PRELIMINARY INJURY DETER-
MINATIONS. 
Section 2(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(e)) is amended— 
(1) in paragraph (2), by striking "Paragraph (1)" and 
inserting "Paragraphs (1) and (2)"; and 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4) and by inserting after paragraph (1) the following: 
"(2) OUTSTANDING ORDERS AND PRELIMINARY INJURY DETER-
MINATIONS.— 
"(A) ORDERS.—The Bank shall not provide any loan 
or guarantee to an entity for the resulting production of 
substantially the same product that is the subject o
f
— 
"(i) a countervailing duty or antidumping order 
under title VII of the Tariff Act of 1930; or 
"(ii) a determination under title II of the Trade 
Act of 1974. 
"(B) AFFIRMATIVE DETERMINATION.—Within 60 days 
after the date of the enactment of this paragraph, the 
Bank shall establish procedures regarding loans or guaran-
tees provided to any entity that is subject to a preliminary 
determination of a reasonable indication of material injury 
to an industry under title VII of the Tariff Act of 1930. 
The procedures shall help to ensure that these loans and 
guarantees are likely to not result in a significant increase 
in imports of substantially the same product covered by 
the preliminary determination and are likely to not have 
a significant adverse impact on the domestic industry. The 
Bank shall report to the Committee on Financial Services 
of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate on 
the implementation of these procedures. 
"(C) COMMENT PERIOD.—The Bank shall establish 
procedures under which the Bank shall notify interested 
parties and provide a comment period with regard to loans 
PUBLIC LAW 107-189—JUNE 14, 2002 
116 STAT. 707 
or guarantees reviewed pursuant to subparagraph (B) or 
(D). 
"(D) CONSIDERATION OF INVESTIGATIONS UNDER TITLE 
II OF THE TRADE ACT OF 1974.—In making any determination 
under paragraph (1) for a transaction involving more than 
$10,000,000, the Bank shall consider investigations under 
title II of the Trade Act of 1974 that have been initiated 
at the request of the President of the United States, the 
United States Trade Representative, the Committee on 
Finance of the Senate, or the Committee on Ways and 
Means of the House of Representatives, or by the Inter-
national Trade Commission on its own motion.". 
SEC. 19. REQUIREMENT THAT APPLICANTS FOR ASSISTANCE DIS- Records. 
CLOSE WHETHER THEY HAVE VIOLATED CERTAIN ACTS; 
MAINTENANCE OF LIST OF VIOLATORS. 
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)) is further amended by adding at the end the 
following: 
"(L) The Bank shall require an applicant for assistance from 
the Bank to disclose whether the applicant has been found by 
a court of the United States to have violated the Foreign Corrupt 
Practices Act of 1977, the Arms Export Control Act, the Inter-
national Emergency Economic Powers Act, or the Export Adminis-
tration Act of 1979 within the preceding 12 months, and shall 
maintain, in cooperation with the Department of Justice, for not 
less than 3 years a record of such applicants so found to have 
violated any such Act.". 
SEC. 20. SENSE OF THE CONGRESS. 
It is the sense of the Congress that, when considering a proposal 
for assistance for a project the cost of which is $10,000,000 or 
more, the management of the Export-Import Bank of the United 
States should have available for review a detailed assessment of 
the potential human rights impact of the proposed project. 
SEC. 21. CONSIDERATION OF ENFORCEMENT OF CERTAIN LAWS. 
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)(B)) is amended in the penultimate sentence by 
inserting "the enforcement of the Foreign Corrupt Practices Act 
of 1977, the Arms Export Control Act, the International Emergency 
Economic Powers Act, or the Export Administration Act of 1979," 
after "nuclear proliferation,". 
SEC. 22. INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK 
(a) ESTABLISHMENT OF POSITION.—Section 11 of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended— 
(1) in paragraph (1), by striking "or the Board of Directors 
of the Tennessee Valley Authority;" and inserting "the Board 
of Directors of the Tennessee Valley Authority; or the President 
of the Export-Import Bank;"; and 
(2) in paragraph (2), by striking "or the Tennessee Valley 
Authority;" and inserting "the Tennessee Valley Authority, or 
the Export-Import Bank,". 
116 STAT. 708 
PUBLIC LAW 107-189—JUNE 14, 2002 
(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, United States 
Code, is amended by inserting after the item relating to the 
Inspector General of the Environmental Protection Agency the fol-
lowing: 
"Inspector General, Export-Import Bank.". 
(c) INITIAL IMPLEMENTATION.—Section 9(a)(2) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by inserting "to 
the Office of the Inspector General," after "(2)". 
(d) TECHNICAL CORRECTIONS.—Section 11 of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended— 
(1) in paragraph (1)-— 
(A) by striking the second semicolon after "Community 
Service"; 
(B) by striking "and" after "Financial Institutions 
Fund;"; and 
(C) by striking "and" after "Trust Corporation;"; 
(2) in paragraph (2), by striking "or" after "Community 
Service,"; and 
(3) in paragraph (5), by striking "section 552(e)" and 
inserting "section 552(f)". 
5 use 5315 note. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2002. 
SEC. 23. SENSE OF THE CONGRESS IN TRIBUTE TO JOHN E. ROBSON. 
(a) FINDINGS.—^The Congress finds that— 
(1) from his appointment in 2001 as President and Chair-
man of the Export-Import Bank of the United States until 
his death on March 20, 2002, John E. Robson provided powerful 
leadership for that institution, instilling his spirit of excellence 
within the Bank and ensuring the Bank's role as a prominent 
player in the trade and economic policy of the United States; 
and 
(2) during his time at the Export-Import Bank of the United 
States, John E. Robson served as a role model for all of his 
colleagues with his dedication to the institution, commitment 
to excellence, resolute sense of integrity, and desire to leave 
the Bank a better place than how he found it. 
(b) SENSE OF THE CONGRESS.—The Congress is deeply saddened 
by the death of John E. Robson, President and Chairman of the 
Board of Directors of the Export-Import Bank of the United States, 
and expresses to the family of John E. Robson its deep appreciation 
for the contributions he made and the legacy he leaves behind, 
and its heartfelt sorrow at his passing. 
SEC. 24. CORRECTION OF REFERENCES AND OTHER TECHNICAL 
CORRECTIONS. 
(a) CORRECTION OF REFERENCES.—(1) Section 2(b)(1)(B) of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended 
by striking "Banking and". 
(2) Each of the following provisions of such Act is amended 
by striking "Banking, Finance and Urban Affairs" and inserting 
"Financial Services": 
(A) Section 2(bX6)(D)(i)(III) (12 U.S.C. 635(b)(6)(D)(i)(III)). 
(B) Section 2(b)(6)(H) (12 U.S.C. 635(b)(6)(H)). 
(C) Section 2(b)(6)(I)(i)(II) (12 U.S.C. 635(b)(6)(I)(iXII)). 
(D) Section 2(b)(6)(I)(iii) (12 U.S.C. 635(b)(6)(I)(iii)). 
(E) Section 10(g)(1) (12 U.S.C. 635i-3(g)(l)). 
PUBLIC LAW 107-189^JUNE 14, 2002 
116 STAT. 709 
(b) TECHNICAL CORRECTIONS.—-(1) Clauses (ii) and (iii) of section 
2(b)(1)(H) of such Act (12 U.S.C. 635(b)(1)(H)) are each amended 
by striking "4" and inserting "3". 
(2) Section 2(b) of such Act (12 U.S.C. 635(b)) is amended 
by aUgning the margins of paragraph (12) with the margins of 
paragraph (11). 
(3) Section 2(b)(6)(E) of such Act (12 U.S.C. 635(b)(6)(E)) is 
amended by striking "international" and inserting "internationally". 
(4) Section 3(d)(2) of such Act (12 U.S.C. 635a(d)(2)) is amended 
by aligning the margins of subparagraph (B) with the margins 
of subparagraph (A). 
(5) Section 12(a)(1) of such Act (12 U.S.C. 635i-6(a)(l)) is 
amended by striking "section" and inserting "subsection". 
(6) Section 14(a) of such Act (12 U.S.C. 635i-8(a)) is amended 
by striking "principle" and inserting "principal". 
Approved June 14, 2002. 
LEGISLATIVE HISTORY—S. 1372 (H.R. 2871): 
HOUSE REPORTS: Nos. 107-292 accompanying H.R. 2871 (Comm. on Financial 
Services) and 107-487 (Comm. of Conference). 
SENATE REPORTS: No. 107-52 (Comm. on Banking, Housing, and Urban Affairs). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Mar. 14, considered and passed Senate. 
May 1, considered and passed House, amended, in lieu of H.R. 2871. 
June 5, House agreed to conference report. 
June 6, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
June 14, Presidential statement.