[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1372 Enrolled Bill (ENR)]

        S.1372

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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,

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 employment.
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 terrorism.
Sec. 18. Outstanding orders and preliminary injury determinations.
Sec. 19. Requirement that applicants for assistance disclose whether 
          they have violated 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(a)(1)) 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 possessions 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.''.

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 Technology 
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 technology 
        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-commerce 
        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 insurance 
        applications from an outdated mainframe system to a modern, 
        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 Congress 
    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.--
        ``(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:
    ``(iii) The advisory committee shall terminate on September 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)(1)(E)(v) of the Export-Import Bank 
Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``10'' 
and inserting ``20''.
    (b) Outreach to Certain Small Businesses.--Section 
2(b)(1)(E)(iii)(II) of such Act (12 U.S.C. 635(b)(1)(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:
    ``(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.''.
    (c) Reports.--The Export-Import Bank of the United States shall 
include in the annual report required by section 8(a) of the 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 accordance 
        with the principles, process, and standards developed pursuant 
        to paragraph (5) of this subsection and the purposes 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 process for, and the principles and standards 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 standards.--
                ``(i) Consideration of certain principles and 
            standards.--In developing the principles and standards 
            referred to in subparagraph (A), the Secretary and the Bank 
            shall consider administering the Tied Aid Credit Fund in 
            accordance with the following principles 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.
                    ``(III) 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 commercial 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 environmentally sound.
                    ``(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 standards 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 subparagraph (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 Representatives 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 subjecting untied aid to the 
    rules governing the Arrangement, including the rules governing 
    disclosure.
        (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 OECD Export 
Credit Arrangement. If such transparency indicates that market windows 
are disadvantaging United States exporters, the United States should 
seek negotiations for multilateral 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 sufficient 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 Representatives 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 commercial'' 
    the first and third places it appears; and
        (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 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. GAO REPORT ON COMPARATIVE RESERVE PRACTICES OF EXPORT CREDIT 
      AGENCIES AND PRIVATE BANKS.
    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''.
  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 Transaction.--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 committed an act of fraud or corruption 
in connection with the transaction.''.
  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 DETERMINATIONS.
    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 
    determinations.--
            ``(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 of--
                ``(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 guarantees 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 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 International Trade Commission on its own motion.''.
  SEC. 19. REQUIREMENT THAT APPLICANTS FOR ASSISTANCE DISCLOSE 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 International Emergency Economic 
Powers Act, or the Export Administration 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,''.
    (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 following:
        ``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 General 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)''.
    (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 Chairman 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(b)(6)(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)(i)(II)).
        (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)(1)).
    (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 
aligning 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)(1)) 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.