[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.