An Act to amend the Export-Import Bank Act of 1945, as amended, to change the name of the Bank, to extend for five years the period within which the Bank is authorized to exercise its functions, to increase the Bank's lending authority and its authority to issue, against fractional reserves, export credit insurance and guarantees, to restrict the financing by the Bank of certain transactions, and for other purposes
PL 90-267 (S.1155), enacted 03/13/1968

82 STAT.] 
PUBLIC LAW 90-267-MAR. 13, 1968 
47 
Public Law 90-266 
AN ACT 
March 12, 1968 
To authorize the consolidation and use of funds arising from judgments in 
^^-1727] 
favor of the Apaclie Tribe of the Mescalero Reservation and of each of its 
constituent groups. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the funds or the 
.^hare of the funds, which are or hereafter may be deposited in the 
Treasury of the United States to the credit of the Mescalero Apache 
Tribe, the portion of the Chiricahua Apache Tribe on the Mescalero 
Eeservation, and the Lipan Apache Tribe (certain constituent groups 
of the Apache Tribe of the Mescalero Eeservation), or any other 
constituent group of the Apache Tribe of the Mescalero Reservation, 
or the Apache Tribe of the Mescalero Reservation, to pay any judg-
ments arising out of proceedings instituted before the Indian Claims 
Commission in dockets numbered 22-B, 22-C, 22-G, 30, 48, 49, and 
182 and the interest on said funds, after payment of attorney fees 
and expenses, shall be consolidated and credited to the account of the 
Apache Tribe of the Mescalero Reservation, and the judgment recov-
ered in docket numbered 22-B, and the interest thereon, may be 
advanced, expended, deposited, invested, or reinvested for any purpose 
that is authorized by the tribal governing body of the Apache Tribe 
of the Mescalero Reservation and approved by the Secretary of the 
Interior. Any part of such funds that may be distributed per capita to 
the members of the tribes shall not be subject to Federal or State 
income tax. 
Approved March 12, 1968. 
Apache Tribe of 
Mescalero Reserva-
tion. 
Judgment funds. 
Public Law 90-267 
AN ACT 
To amend the Export-Import Bank Act of 1945, as amended, to change the 
name of the Banl£, to extend for five years the period within which the Bank 
is authorized to exercise its functions, to increase the Bank's lending authority 
and its authority to issue, against fractional reserves, export credit insurance 
and guarantees, to restrict the financing by the Bank of certain transactions, 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress 
assembled, 
SECTION 1. The Export-Import Bank Act of 1945 is amended— 
(a) By changing "Export-Import Bank of Washington", wherever 
that name refers to the legal entity created by the Export-Import 
Bank Act of 1945, to "Export-Import Bank of the United States". 
(b) Section 2 of such Act is amended by striking subsection (b) 
thereof and by substituting in lieu thereof the following: 
"(b)(1) It is the policy of the Cong]^ess that the Bank in the 
exercise of its functions should supplement and encourage and not 
compete with private capital; that loans, so far as possible consistently 
with carrying out the purposes of subsection (a), shall generally be 
for specific purposes, and, in the judgment of the Board of Directors, 
offer reasonable assurance of repayment; and that in authorizing such 
loans the Board of Directors should take into account the possible 
adverse effects upon the United States economy." 
March 13, 1968 
[S.1155] 
Export-Import 
Bank Act of 1945, 
amendment. 
59 Stat. 526. 
12 u s e 635 
note. 
48 
PUBLIC LAW 90-267-MAR. 13, 1968 
[82 STAT. 
Exports to Com-
munist countries, 
prohibitions. 
76 Stat. 261; 
78 Stat. 1013. 
22 use 2370. 
Presidential de-
termination; report 
to Congress. 
78 Stat. 827. 
26 use 4916. 
78 Stat. 809; 
81 Stat. 145. 
Presidential de-
termination; report 
to Congress. 
12 use 635e. 
(c) Section 2(b) of such Act is further amended by adding the 
following at the end thereof: 
"(2) The Bank in the exercise of its functions shall not guarantee, 
insure, or extend credit, or participate in any extension of credit— 
"(A) in connection with the purchase or lease of any pifo^tret 
hy a Communist country (as defined in section 620(f) of tne For-
eign Assistance Act of 1961, as amended), or agency or national 
thereof, or 
"(B) in connection with the purchase or lease of any product 
by any other foreign country, or agency, or national thereof, if the 
product to be purchased or leased by such other country, agency, or 
national is, to the knowledge of the Bank, principally for use in, 
or sale or lease to, a Communist country (as so defined), 
except that the prohibitions contained in this paragraph shall not 
apply in the case of any transaction which the President determines 
would be in the national interest if he reports that determination to 
the Senate and House of Representatives within thirty days after 
making the same. 
" (3) The Bank shall not guarantee, insure, or extend credit, or par-
ticipate in the extension of credit in connection with the purchase of 
any product, technical data, or other information by a national or 
agency of any nation— 
"(A) which engages in armed conflict, declared or otherwise, 
with armed forces of the United States; or 
"(B) which furnishes by direct governmental action (not 
including chartering, licensing or sales by non-wholly-owned 
business enterprises) ^oods, supplies, military assistance, or ad-
visers to a nation described in subparagraph (A) ; 
nor shall the Bank guarantee, insure, or extend credit, or participate 
in the extension of credit in connection with the purchase by any 
nation (or national or agencj^ thereof) of any product, technical data, 
or other information which is to be used principally by or in a nation 
described in subparagraph (A) or (B). 
"(4) The Bank snail not guarantee, insure, or extend credit, or 
participate in an extension of credit in connection with any credit sale 
of defense articles and defense services to any country designated under 
section 4916 of the Internal Revenue Code of 1954 as an economically 
less developed country for purposes of the tax imposed by section 4911 
of that Code. The prohibitions set forth in this paragraph shall not 
apply with respect to any transaction the consummation of which the 
President determines would be in the national interest and reports such 
determination (within thirty days after making the same) to the 
Senate and House of Representatives. In making any such deter-
mination the President shall take into account, among other considera-
tions, the national interest in avoiding arms races among countries not 
directly menaced by the Soviet Union or by Communist China; in 
avoiding arming military dictators who are denying social progress to 
their own peoples; and in avoiding expenditures by developing coun-
tries of scarce foreign exchange needed for peaceful economic progress. 
"(5) In no event shall the Bank have outstanding at any time in 
excess of 7i/2 per centum of the limitation imposed by section 7 of this 
Act for 9u«h guarantees, insurance, credits or participation in credits 
with respect to exports of defense articles and services to countries 
82 STAT. ] 
PUBLIC LAW 90-268-MAR. 16, 1968 
49 
which, in the judgment of the Board of Directors of the Bank, are less 
developed." 
(c) By changing in section 2(c) of that Act, "$2,000,000,000" to read 7/513^128^''' 
"$3,500,000,000". 
1
2 use 635. 
(d) By changing the last sentence in section 3(d) of that Act to trfveT^x"en"es' 
read: "Members, not otherwise in the regular full-time employ of the '^eastauTvT.^' 
United States, may be compensated at rates not exceeding the per diem 
12 use essa. 
equivalent of the rate for grade 18 of the General Schedule (5 U.S.C. 
5332) for each day spent in travel or attendance at meetings of the 
Committee, and while so serving away from their homes or regular 
places of business, they may be allowed travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, for individuals in the Grovemment service 
^° ^*^*' '*^-*' 
employed intermittently." 
(e) By changing, in section 7 of that Act, "$9,000,000,000" to read 
^2 use ease. 
"$13,500,000,000". 
(f) By changing, in section 8 of that Act, "June 30, 1968" to read 
^^ use easf. 
"June 30,1973". 
Approved March 13, 1968. 
Public Law 90-268 
AN ACT 
March 16, 1968 
To amend the Merchant Marine Act, 1936, with respect to the development of 
^^- 2419] 
cargo container vessels, and for other purposes. 
Be it enacted by the Senate and Hoicse of Representatives 
of the 
United States of America in Congress assetnJiled, That sectLon 212 of . "^^'"fo^T' Marine 
the Merchant Marine Act, 1936 (46 U.S.C. 1122) is amended by (1) mem 
""'" " 
striking out "and" at the end of clause (d), (2) striking out the period 
"
^
^ stat. 1990. 
at the end of clause (e) and inserting in lieu thereof a semicolon and 
"and", (3) redesignating clause (f) as clause (g), and (4) inserting 
before such clause a new clause as follows: 
"(f) To study means and methods of encouraging the development 
and implementation of new concepts for the carriage of cargo in the 
domestic and foreign commerce of the United States, and to study the 
economic and technological aspects of the use of cargo containers as a 
method of carrying out the declaration of policy set forth in title I of 
this Act, and in carrying out the provisions of this clause and such 
policy the United States shall not give preference as between carriers 
upon the basis of length, height, or width of cargo containers or length, 
height, or width of cargo container cells and this requirement shall be 
applicable to all existing container vessels and any container vessel to 
be constructed or rebuilt." 
SEC. 2. Section 303(a) of the Act of June 30, 1949 (41 U.S.C. 253 
(a)), as amended, is amended by adding a new sentence as follows: 
" ^t^V/^^' 
"No advertisement or invitation to bid for the carriage of Government 
property in other than Government-owned cargo containers shall 
specify carriage of such property in cargo containers of any stated 
length, height, or width." 
SEC. 3. Section 2305(a) of title 10 of the United States Code is 
7OA stat. 130. 
amended by adding a new sentence as follows: 'TCxcept in a case where 
the Secretary of Defense determines that military requirements neces-
sitate specification of container sizes, no advertisement or invitation to 
bid for the carriage of Government property in other than Govern-
ment-owned cargo containers shall speciiy carriage of such property 
in cargo containers of any stated length, height, or width."