[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1026 Engrossed Amendment House (EAH)]


  1st Session

                                S. 1026

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                       October 6, 1997.

    Resolved, That the bill from the Senate (S. 1026) entitled ``An Act to 
reauthorize the Export-Import Bank of the United States.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. EXTENSION OF AUTHORITY.

    Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is 
amended by striking ``1997'' and inserting ``2001''.

SEC. 2. TIED AID CREDIT FUND AUTHORITY.

    (a) 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 September 30, 
1997''.
    (b) 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.''.

SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF 
              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''.

SEC. 4. CLARIFICATION OF PROCEDURES FOR DENYING CREDIT BASED 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)) 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.''.

SEC. 5. ADMINISTRATIVE COUNSEL.

    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 ethics, conflicts of interest, 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.''.

SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA.

    (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 the enactment of this subparagraph.''.
    (b) Reports to the Congress.--Within 6 months after the date of the 
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 
submit to the 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.

SEC. 7. INCREASE IN LABOR REPRESENTATION ON THE ADVISORY COMMITTEE OF 
              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 after and below the end the following:
    ``(B) Not less than 2 members appointed to the Advisory Committee 
shall be representative of the labor community.''.

SEC. 8. OUTREACH TO COMPANIES.

    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 Chairman of the Bank shall design and implement a program 
to provide information about Bank programs to companies which have not 
participated in Bank programs. Not later than 1 year after the date of 
the enactment of this subparagraph, the Chairman of the Bank shall 
submit to the Congress a report on the activities undertaken pursuant 
to this subparagraph.''.

SEC. 9. FIRMS THAT HAVE SHOWN A COMMITMENT TO REINVESTMENT AND JOB 
              CREATION IN THE UNITED STATES TO BE GIVEN PREFERENCE IN 
              FINANCIAL ASSISTANCE DETERMINATIONS.

    Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(1)), as amended by section 8 of this Act, is amended by adding 
at the end the following:
    ``(J) The Board of Directors of the Bank shall prescribe such 
regulations and the Bank shall implement such procedures as may be 
appropriate to ensure that, in selecting from among firms to which to 
provide financial assistance, preference be given to any firm that has 
shown a commitment to reinvestment and job creation in the United 
States.''.

SEC. 10. PREFERENCE IN EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO 
              CHINA TO BE PROVIDED TO COMPANIES ADHERING TO CODE OF 
              CONDUCT.

    (a) In General.--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) Preference in Assistance for Exports to China To Be Provided 
to Entities Adhering to Code of Conduct.--
            ``(1) Prohibitions.--
                    ``(A) In general.--In determining whether to 
                guarantee, insure, extend credit, or participate in the 
                extension of credit with respect to the export of goods 
                or services destined for the People's Republic of 
                China, the Board of Directors shall give preference to 
                entities that the Board of Directors determines have 
                established and are adhering to the code of conduct set 
                forth in paragraph (2).
                    ``(B) Penalty for violation.--The Bank shall 
                withdraw any guarantee, insurance, or credit that the 
                Bank has provided, and shall withdraw from any 
                participation in an extension of credit, to an entity 
                with respect to the export of any good or service 
                destined for the People's Republic of China if the 
                Board of Directors determines that the entity is not 
                adhering to the code of conduct set forth in paragraph 
                (2).
            ``(2) Code of conduct.--An entity shall do all of the 
        following in all of its operations:
                    ``(A) Provide a safe and healthy workplace.
                    ``(B) Ensure fair employment, including by--
                            ``(i) avoiding child and forced labor, and 
                        discrimination based upon race, gender, 
                        national origin, or religious beliefs;
                            ``(ii) respecting freedom of association 
                        and the right to organize and bargain 
                        collectively;
                            ``(iii) paying not less than the minimum 
                        wage required by law or the prevailing industry 
                        wage, whichever is higher; and
                            ``(iv) providing all legally mandated 
                        benefits.
                    ``(C) Obey all applicable environmental laws.
                    ``(D) Comply with United States and local laws 
                promoting good business practices, including laws 
                prohibiting illicit payments and ensuring fair 
                competition.
                    ``(E) Maintain, through leadership at all levels, a 
                corporate culture--
                            ``(i) which respects free expression 
                        consistent with legitimate business concerns, 
                        and does not condone political coercion in the 
                        workplace;
                            ``(ii) which encourages good corporate 
                        citizenship and makes a positive contribution 
                        to the communities in which the entity 
                        operates; and
                            ``(iii) in which ethical conduct is 
                        recognized, valued, and exemplified by all 
                        employees.
                    ``(F) Require similar behavior by partners, 
                suppliers, and subcontractors under terms of contracts.
                    ``(G) Implement and monitor compliance with the 
                subparagraphs (A) through (F) through a program that is 
                designed to prevent and detect noncompliance by any 
                employee or supplier of the entity and that includes--
                            ``(i) standards for ethical conduct of 
                        employees of the entity and of suppliers which 
                        refer to the subparagraphs;
                            ``(ii) procedures for assignment of 
                        appropriately qualified personnel at the 
                        management level to monitor and enforce 
                        compliance;
                            ``(iii) procedures for reporting 
                        noncompliance by employees and suppliers;
                            ``(iv) procedures for selecting qualified 
                        individuals who are not employees of the entity 
                        or of suppliers to monitor compliance, and for 
                        assessing the effectiveness of such compliance 
                        monitoring;
                            ``(v) procedures for disciplinary action in 
                        response to noncompliance;
                            ``(vi) procedures designed to ensure that, 
                        in cases in which noncompliance is detected, 
                        reasonable steps are taken to correct the 
                        noncompliance and prevent similar noncompliance 
                        from occurring; and
                            ``(vii) communication of all standards and 
                        procedures with respect to the code of conduct 
                        to every employee and supplier--
                                    ``(I) by requiring all management 
                                level employees and suppliers to 
                                participate in a training program; or
                                    ``(II) by disseminating information 
                                orally and in writing, through posting 
                                of an explanation of the standards and 
                                procedures in prominent places 
                                sufficient to inform all employees and 
                                suppliers, in the local languages 
                                spoken by employees and managers.
            ``(3) Small business exception.--This subsection shall not 
        apply to an entity that is a small business (within the meaning 
        of the Small Business Act).''.
    (b) Annual Report.--Section 2(b)(1)(A) of such Act (12 U.S.C. 
635(b)(1)(A)) is amended by adding at the end the following: ``The Bank 
shall include in the annual report a description of the actions the 
Bank has taken to comply with subsection (f) during the period covered 
by the report.''.
    (c) Recipients of Assistance From the Export-Import Bank To Be 
Provided With Resources and Information To Further Adherence to Global 
Codes of Corporate Conduct.--The Export-Import Bank of the United 
States shall work with the Clearinghouse on Corporate Responsibility 
that is being developed by the Department of Commerce to ensure that 
recipients of assistance from the Export-Import Bank are made aware of, 
and have access to, resources and organizations that can assist the 
recipients in developing, implementing, and monitoring global codes of 
corporate conduct.

SEC. 11. RENAMING OF BANK AS THE UNITED STATES EXPORT BANK.

    (a) Amendments to the Export-Import Bank Act of 1945.--
            (1) The first section of the Export-Import Bank Act of 1945 
        (12 U.S.C. 635 note) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `United States Export Bank Act of 
1945'.''.
            (2) The following provisions of such Act are amended by 
        striking ``Export-Import Bank of the United States'' and 
        inserting ``United States Export Bank'':
                    (A) Section 2(a)(1) (12 U.S.C. 635(a)(1)).
                    (B) Section 3(a) (12 U.S.C. 635a(a).
                    (C) Section 3(b) (12 U.S.C. 635a(b)).
                    (D) Section 3(c)(1) (12 U.S.C. 635a(c)(1)).
                    (E) Section 4 (12 U.S.C. 635b).
                    (F) Section 5 (12 U.S.C. 635d).
                    (G) Section 6(a) (12 U.S.C. 635e(a)).
                    (H) Section 7 (12 U.S.C. 635f).
                    (I) Section 8(a) (12 U.S.C. 635g(a)).
                    (J) Section 9 (12 U.S.C. 635h).
            (3) The following provisions of such Act are amended by 
        striking ``Export-Import Bank'' each place it appears and 
        inserting ``United States Export Bank'':
                    (A) Section 2(b)(1)(A) (12 U.S.C. 635(b)(1)(A)).
                    (B) Section 3(c)(3) (12 U.S.C. 635a(c)(3)).
    (b) Deeming Rules.--Any reference in any law, map, regulation, 
document, paper, or other record of the United States to the Export-
Import Bank of the United States is deemed to be a reference to the 
United States Export Bank, and any reference in any law, map, 
regulation, document, paper, or other record of the United States to 
the Export-Import Bank Act of 1945 is deemed to be a reference to the 
United States Export Bank Act of 1945.

SEC. 12. PROHIBITION AGAINST ASSISTANCE TO RUSSIA IF RUSSIA TRANSFERS 
              CERTAIN MISSILE SYSTEMS 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 against assistance to russia if russia transfers 
certain missile systems to the people's republic of china.--If the 
President of the United States is made aware that Russia has 
transferred or delivered to the People's Republic of China an SS-N-22 
or SS-N-26 missile system, the President of the United States shall 
notify the Bank of the transfer or delivery. Upon receipt of the 
notification, the Bank shall not insure, guarantee, extend credit or 
participate in an extension of credit with respect to, or otherwise 
subsidize the export of any good or service to Russia.''.

SEC. 13. PROHIBITION AGAINST PROVISION OF ASSISTANCE FOR EXPORTS TO 
              COMPANIES THAT EMPLOY CHILD LABOR.

    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) Prohibition Against Assistance for Exports to Companies That 
Employ Child Labor.--The Bank shall not guarantee, insure, extend 
credit, or participate in the extension of credit with respect to the 
export of any good or service to an entity if the entity--
            ``(1) employs children in a manner that would violate 
        United States law regarding child labor if the entity were 
        located in the United States; or
            ``(2) has not made a binding commitment to not employ 
        children in such manner.''.

            Attest:

                                                                 Clerk.