[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1026 Enrolled Bill (ENR)]
S.1026
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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 States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Export-Import Bank
Reauthorization Act of 1997''.
(b) Table of Contents.--

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nonlethal defense articles or services the primary end use of
which will be for civilian purposes.

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(a) In General.--Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635f) is amended by striking ``until'' and all that follows
through ``but'' and inserting ``until the close of business on
September 30, 2001, but''.
(b) Effective Date.--The amendment made by this section shall take
effect on September 30, 1997.

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(a) Expenditures From Fund.--Section 10(c)(2) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635i-3(c)(2)) is amended by striking
``through'' and all that follows through ``1997''.
(b) Authorization.--Section 10(e) of such Act (12 U.S.C. 635i-3(e))
is amended by striking the first sentence and inserting the following:
``There are authorized to be appropriated to the Fund such sums as may
be necessary to carry out the purposes of this section.''.

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NONLETHAL DEFENSE ARTICLES OR SERVICES THE PRIMARY END USE OF WHICH
WILL BE FOR CIVILIAN PURPOSES.
Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note; 108 Stat.
4376) is amended by striking ``1997'' and inserting ``2001''.

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NATIONAL INTEREST.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended--
(1) in the last sentence, by inserting ``, after consultation
with the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate,'' after ``President''; and
(2) by adding at the end the following: ``Each such
determination shall be delivered in writing to the President of the
Bank, shall state that the determination is made pursuant to this
section, and shall specify the applications or categories of
applications for credit which should be denied by the Bank in
furtherance of the national interest.''.

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Section 3(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(e)) is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2) The General Counsel of the Bank shall ensure that the
directors, officers, and employees of the Bank have available
appropriate legal counsel for advice on, and oversight of, issues
relating to personnel matters and other administrative law matters by
designating an attorney to serve as Assistant General Counsel for
Administration, whose duties, under the supervision of the General
Counsel, shall be concerned solely or primarily with such issues.''.

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(a) In General.--Section 2(b) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)) is amended by inserting after paragraph (8) the
following:
``(9)(A) The Board of Directors of the Bank shall take prompt
measures, consistent with the credit standards otherwise required by
law, to promote the expansion of the Bank's financial commitments in
sub-Saharan Africa under the loan, guarantee, and insurance programs of
the Bank.
``(B)(i) The Board of Directors shall establish and use an advisory
committee to advise the Board of Directors on the development and
implementation of policies and programs designed to support the
expansion described in subparagraph (A).
``(ii) The advisory committee shall make recommendations to the
Board of Directors on how the Bank can facilitate greater support by
United States commercial banks for trade with sub-Saharan Africa.
``(iii) The advisory committee shall terminate 4 years after the
date of enactment of this subparagraph.''.
(b) Reports to Congress.--Within 6 months after the date of
enactment of this Act, and annually for each of the 4 years thereafter,
the Board of Directors of the Export-Import Bank of the United States
shall submit to Congress a report on the steps that the Board has taken
to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945
and any recommendations of the advisory committee established pursuant
to such section.

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THE EXPORT-IMPORT BANK.
Section 3(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(d)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) Not less than 2 members appointed to the Advisory
Committee shall be representative of the labor community, except
that no 2 representatives of the labor community shall be selected
from the same labor union.''.

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Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(I) The President of the Bank shall undertake efforts to enhance
the Bank's capacity to provide information about the Bank's programs to
small and rural companies which have not previously participated in the
Bank's programs. Not later than 1 year after the date of enactment of
this subparagraph, the President of the Bank shall submit to Congress a
report on the activities undertaken pursuant to this subparagraph.''.

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Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(A)) is amended in the first sentence by striking ``real
income'' and all that follows to the end period and inserting: ``real
income, a commitment to reinvestment and job creation, and the
increased development of the productive resources of the United
States''.

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ON THE NATIONAL INTEREST.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)), as amended by section 5, is amended in the next to the
last sentence by inserting ``(including child labor)'' after ``human
rights''.

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TO THE PEOPLE'S REPUBLIC OF CHINA.
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)) is amended by adding at the end the following:
``(12) Prohibition relating to russian transfers of certain
missile systems.--If the President of the United States determines
that the military or Government of the Russian Federation has
transferred or delivered to the People's Republic of China an SS-N-
22 missile system and that the transfer or delivery represents a
significant and imminent threat to the security of the United
States, the President of the United States shall notify the Bank of
the transfer or delivery as soon as practicable. Upon receipt of
the notice and if so directed by the President of the United
States, the Board of Directors of the Bank shall not give approval
to guarantee, insure, extend credit, or participate in the
extension of credit in connection with the purchase of any good or
service by the military or Government of the Russian Federation.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Export-Import Bank Authorization bill — S. 1026

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