[Congressional Record Volume 148, Number 69 (Friday, May 24, 2002)]
[House]
[Pages H3064-H3069]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON S. 1372, EXPORT-IMPORT BANK REAUTHORIZATION ACT OF 
                                  2002

  Mr. OXLEY submitted the following conference report and statement on 
the Senate bill (S. 1372) to reauthorize the Export-Import Bank of the 
United States:

                  Conference Report (H. Rept. 107-487)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the bill (S. 
     1372), to reauthorize the Export-Import Bank of the United 
     States, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     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 2nd 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:

[[Page H3065]]

       ``(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, 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 1st and 3rd 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.

       (a) In General.--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'';

[[Page H3066]]

       (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

[[Page H3067]]

     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''.
       And the House agree to the same.

     Michael G. Oxley,
     Doug Bereuter,
     Pat Toomey,
     Gary G. Miller,
     John J. LaFalce,
     Dan Burton,
     Stephen Horn,
     Henry A. Waxman,
                                Managers on the Part of the House.

     Paul Sarbanes,
     Chris Dodd,
     Tim Johnson,
     Evan Bayh,
     Phil Gramm,
     Richard Shelby,
     Chuck Hagel,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill S. 1372, to reauthorize 
     the Export-Import Bank of the United States, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.
       The managers on the part of the House and Senate met on May 
     21, 2002 (the Senate chairing), and reconciled the 
     differences between the two bills are explained below.

                              Short Title

     Senate Bill
       Section 1 of the Senate bill provides the short title of 
     the bill, the ``Export-Import Bank Reauthorization Act of 
     2001.''
     House Amendment
       Section 1 of the House amendment provides the short title 
     of the bill, the ``Export-Import Bank Reauthorization Act of 
     2002'', and provides a table of contents.
     Conference Agreement
       The Senate recedes to the House, with an amendment 
     consisting of an updated table of contents.
     Clarification That Purposes Include United States Employment
     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 2 of the House amendment provides that the objects 
     and purposes of the Bank include ensuring the employment of 
     United States workers.
     Conference Agreement
       The Senate recedes with an amendment stating that the 
     Bank's objective shall be to contribute to maintaining 
     employment of U.S. workers.

                         Extension of Authority

     Senate Bill
       Section 2 of the Senate bill reauthorizes the Export-Import 
     Bank of the United states (the Bank or Ex-Im) through 
     September 30, 2006.
     House Amendment
       Section 3 of the House amendment reauthorizes the Bank 
     through September 30, 2005.
     Conference Agreement
       The House recedes to the Senate. The intention of the 
     conferees was to provide an extension of the authorization 
     for the Bank--2006--that would not coincide with the first 
     year of a President's term. The purpose was not to burden a 
     new Administration with the task of both placing new 
     leadership in the Bank and managing the reauthorization of 
     the Bank.

                        Administrative Expenses

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 4 of the House amendment authorizes $80 million for 
     the administrative budget of the Bank for FY2002. For FY2003 
     through 2005, the amount authorized for administrative 
     expenses is $80 million plus an annual inflation index. The 
     following two new budget subcategories are created within the 
     Administrative expenses budget category: technology, and 
     outreach to small businesses with fewer than 100 employees. 
     For FY2002, the bill authorizes $2 million for outreach to 
     small businesses with fewer than 100 employees. For FY2003 to 
     FY2005, this $2 million authorization figure will be indexed 
     annually for inflation. This section also includes sense of 
     the Congress language on the importance of technology 
     improvements at the Bank.
     Conference Agreement
       The Conferees agree to include budget subcategories in the 
     President's budget relating to administrative expenses and to 
     a sense of the Congress on the importance of technology 
     improvements at the Export-Import Bank.

     Increase in Aggregate Loan, Guarantee, and Insurance Authority

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 5 of the House amendment increases the current 
     statutory ceiling of $75 billion on the total amount of Ex-Im 
     loans, guarantees, and insurance outstanding at any one time 
     to $100 billion in FY 2002, $110 billion in FY 2003, $120 
     billion in FY 2004 and $130 billion in FY 2005. This 
     statutory ceiling will also be indexed for inflation in each 
     year of the authorization.
     Conference Agreement
       The Senate recedes with an amendment to increase the Bank's 
     loan, guaranty, and insurance authority to $85 billion in FY 
     2003, $90 billion in FY 2004, $95 billion in FY 2005, and 
     $100 billion FY 2006.

                     Activities Relating to Africa

     Senate Bill
       Section 3 of the Senate bill extends the expiration date 
     for the sub-Saharan Africa advisory committee of the Export-
     Import Bank from September 30, 2001 to September 30, 2006.
     House Amendment
       Section 6 of the House amendment reauthorizes the sub-
     Saharan Africa Advisory Committee for four years until 
     September 30, 2005. The provision requires the Bank to 
     continue to report to Congress annually for each of the four 
     years on steps taken in Sub-Saharan Africa and to consult 
     with the Department of Commerce and the Trade Promotion 
     Coordinating Committee on Africa activities. This section 
     also creates an Office on Africa within the Bank.
     Conference Agreement
       The House recedes with amendments relating to the Trade 
     Promotion Coordinating Council and reports issued to 
     Congress.

                             Small Business

     Senate Bill
       Section 5 of the Senate bill increases from 10 percent to 
     18 percent the amount the Ex-Im Bank must make available of 
     its aggregate loan, guarantee, and insurance authority each 
     fiscal year to finance exports directly by small business 
     concerns.
     House Amendment
       Section 7 of the House amendment increases the volume of 
     small business lending the Bank must pursue from the current 
     statutory minimum of 10 percent of all authorizations 
     annually to a minimum of 20 percent of total Bank financing. 
     The Bank is required to set-aside a minimum of 8 percent of 
     the total Bank financing to be used for small businesses with 
     less than 100 employees. The Bank must also conduct outreach 
     and increase loans to businesses owned by socially 
     disadvantaged individuals or women and also must establish an 
     Office of Small Business Exporters.
     Conference Agreement
       The Senate recedes to the House with an amendment providing 
     for outreach to businesses owned by socially and economically

[[Page H3068]]

     disadvantaged small business concerns, small businesses owned 
     by women and to small businesses employing fewer than 100 
     employees. The Small Business Administration's definitions of 
     businesses owned by ``socially disadvantaged individuals'' 
     and women are the definitions to be used by the Bank in the 
     implementation of this provision.

                               Technology

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 8 of the House amendment requires the Bank to focus 
     on technology improvements, which will improve small business 
     outreach. The legislation directs the Bank to implement both 
     an electronic system designed to track all pending 
     transactions and technology to allow customers to use the 
     Internet to apply for all Bank programs. The Bank is also 
     directed to submit to Congress an interim report and an 
     annual report for each year of the four-year authorization on 
     technological progress made by the Bank and on how this is 
     assisting small businesses.
     Conference Agreement
       The Senate recedes with an amendment focusing the efforts 
     on small business and mandating an annual report on the 
     Bank's progress.

                          Tied Aid Credit Fund

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 9 of the House amendment mandates that the 
     Department of Treasury in cooperation with the Export-Import 
     Bank develop the process and standards governing how the Tied 
     Aid Credit Fund is used. The Department of Treasury must 
     report on this process and standards to the House Financial 
     Services and Senate Banking Committees as soon as possible 
     but no later than 6 months after enactment of this 
     legislation. Any subsequent updates to the process and 
     standards must likewise be reported to Congress. The Export-
     Import Bank will administer the Tied Aid Credit Fund on a 
     deal-by-deal basis in accordance with these standards. The 
     Department of Treasury will not have the power to veto 
     specific Tied Aid Credit Fund transactions. Until the 
     Department of Treasury has reported back to the House 
     Financial Services and the Senate Banking committees on 
     standards for the Tied Aid Credit Fund, the standards 
     enumerated in the legislation will govern the use of the Tied 
     Aid Credit Fund. Finally, this section also requires the Bank 
     to reconsider a denial of the use of Tied Aid funds if the 
     applicant requests reconsideration within 3 months of the 
     original decision.
     Conference Agreement
       The Senate recedes to the House with an amendment removing 
     the reference to the ability of the Secretary of Treasury's 
     authority to veto the use of tied aid and stating that the 
     after the principals, process and standards developed by the 
     Department of Treasury and the Export-Import Bank have been 
     followed in a given case, the Export-Import Bank will make 
     the final decision on that case regarding the use of the tied 
     aid credit. However, such credit shall not be approved if the 
     President of the United States determines after consulting 
     with the President of Ex-Im and the Secretary of the Treasury 
     that the extension of such credit would materially impede the 
     enforcement of existing arrangements restricting the use of 
     tied aid or efforts to establish, negotiate or enforce 
     arrangements to restrict the use of tied aid for commercial 
     purposes.

Renaming of Tied Aid Credit Program and Fund as Export Competitiveness 
                            Program and Fund

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 11 of the House amendment renames the Tied Aid 
     Credit Program and Fund as the Export Competitiveness Program 
     and Fund. This change is necessary since section 10 of the 
     House amendment allows the Tied Aid Credit Program and Fund 
     to be used to combat untied aid and market windows.
     Conference Agreement
       The House recedes to the Senate.

           Expansion of Authority To Use Tied Aid Credit Fund

     Senate Bill
       Section 6 of the Senate bill directs the U.S. to seek 
     negotiations for multilateral disciplines and transparency 
     for market windows within the Organization for Economic 
     Cooperation and Development (OECD) Export Credit Arrangement. 
     It also authorizes the Ex-Im Bank to match market windows 
     financing that is inconsistent with the Arrangement if the 
     matching advances OECD negotiations or the market windows 
     financing is offered on terms and conditions more favorable 
     than financing available from private financial markets.
     House Amendment
       Section 10 of the House amendment directs the Secretary of 
     the Treasury to seek to negotiate agreements or 
     ``arrangements'' on untied aid and market windows within the 
     OECD. One year after the enactment of the legislation, the 
     Treasury Department must report to the House Financial 
     Services Committee and the Senate Banking Committee on 
     progress in reaching this OECD agreement on untied aid. Two 
     years after enactment of the legislation, the Treasury 
     Department must report to the House Financial Services 
     Committee and the Senate Banking Committee on progress in 
     reaching an OECD agreement on market windows. This section 
     allows the Tied Aid Credit Fund to be used to combat both 
     untied aid and market windows.
     Conference Agreement
       The Conferees adopt a provision consisting of the House 
     provisions relating to untied aid and the Senate provision 
     relating to market windows with an additional report relating 
     to negotiations on market windows in the OECD.

                     Annual Competitiveness Report

     Senate Bill
       Section 4 of the Senate bill requires the Ex-Im Bank to 
     submit its annual competitiveness report to Congress not 
     later than June 30 of each year. Section 4 also specifies 
     that the bank's annual report to Congress on export credit 
     competition should include information on export financing 
     available to foreign competitors through market windows. 
     Finally, section 4 requires the Ex-Im Bank to estimate the 
     annual amount of export financing available from the 
     government and government-related agencies and include that 
     information in Ex-Im's annual competitiveness report.
     House Amendment
       Section 12 of the House amendment requires the Bank to 
     submit its annual competitiveness report by June 30 of each 
     year. Within this report, the Bank is directed to list the 
     volumes of financing of the different Foreign Export Credit 
     Agencies and classify its transactions according to their 
     principal purpose, such as to correct a market failure or 
     provide matching support.
     Conference Agreement
       The House recedes to the Senate with an amendment providing 
     for a description of all Bank transactions which shall be 
     classified according to their principal purpose.

                             Annual Report

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 12 of the House amendment requires the Bank to 
     report on the efforts made by the Bank to assist small 
     business concerns and an estimate on the number of entities 
     that are small business suppliers of users of the Export-
     Import Bank. This section also requires the Bank's report to 
     include a description of the Bank's efforts on outreach to 
     businesses owned by socially disadvantaged individuals, by 
     women.
     Conference Agreement
       The Conferees agree to create a new section entitled 
     ``Annual Report'' which requires the Bank to supply the 
     Congress information relating to technology assistance to 
     small business concerns, and small business suppliers to 
     users of the Bank. The Bank is further required to report on 
     outreach efforts to socially and economically disadvantaged 
     small business concerns, small business concerns owned by 
     women, and small business employing fewer than 100 people.

                        Renewable Energy Sources

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 13 of the House amendment requires the Bank to 
     promote the export of American goods and services related to 
     renewable energy sources. As part of the Bank's annual 
     competitiveness report requirement, the Bank must report to 
     the House Financial Services and Senate Banking Committees on 
     efforts to promote exports in renewable energy sources.
     Conference Agreement
       The Senate recedes to the House.

       Sense of the Congress Relating to Renewable Energy Targets

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 21 of the House amendment expresses the sense of 
     Congress that no more than 95 percent of Ex-Im's energy 
     related transactions should include fossil fuel projects and 
     not less than 5 percent should be related to renewable energy 
     and energy efficiency projects. For the purposes of this 
     section renewable energy projects include areas such as 
     solar, wind, biomass, fuel cell, landfill gas, and geothermal 
     energy sources.
     Conference Agreement
       The House recedes to the Senate.

                               GAO Report

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 14 of the House amendment requires the GAO to 
     submit a report, within one year after enactment, examining 
     the legal merits of potential U.S. cases brought in the WTO 
     seeking relief against untied aid

[[Page H3069]]

     and market windows and examining the scope of penalty tariffs 
     that the United States could impose against imports from 
     countries that united aid or market windows. Second, the GAO 
     must submit a report, by one year after enactment, examining 
     the Ex-Im reserve ratios as compared to the reserve practices 
     of private banks and foreign Export Credit Agencies.
     Conference Agreement
       The Senate recedes with an amendment removing the GAO 
     report relating to the WTO.

                              Human Rights

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 15 of the House amendment clarifies that the 
     Universal Declaration of Human Rights, as adopted by the 
     United Nations General Assembly on December 10, 1948, should 
     be used in making the human rights determination under the 
     Chafee procedure.
     Conference Agreement
       The Senate recedes with an amendment indicating that the 
     assessments of violations of human rights are not limited 
     solely limited to the universal declaration adopted by the 
     U.N.

    Authority To Deny Application for Assistance Based on Fraud or 
                      Corruption by the Applicant

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 18 of the House amendment gives the authority to 
     the Bank to deny an application for assistance if there is 
     credible evidence that a party to a transaction has committed 
     an act of fraud or corruption regarding a good or service 
     that is either the same or substantially similar to the 
     subject of the application.
     Conference Agreement
       The Senate recedes to the House with an amendment making 
     the provision applicable only to the transaction for which 
     financing from the Bank has been sought.

 Consideration of Foreign Country Helpfulness in Efforts To Eradicate 
                               Terrorism

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 19 of the House amendment requires the Bank, when 
     considering whether to guarantee, insure, or extend credit, 
     to take into account the extent to which a nation has been 
     helpful or unhelpful in efforts to eradicate terrorism.
     Conference Agreement
       The Conferees agree to amend Section 2(b)(1)(B) of the 
     Export-Import Bank Act of 1945, the Chafee Amendment, to 
     include a foreign nation's lack of cooperation in efforts to 
     eradicate terrorism.

        Outstanding Orders and Preliminary Injury Determinations

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 20 of the House amendment addresses the effect of 
     outstanding trade orders and preliminary injury trade 
     determinations on the Bank's financing. The Bank is 
     prohibited from providing any loan or guarantee to an 
     entity for the resulting production of substantially the 
     same product that is subject of a countervailing duty or 
     anti-dumping order under title VII of the Tariff Act of 
     1930 or a determination under title II of the Trade Act of 
     1974. In the case of countervailing duty or anti-dumping 
     orders, the prohibition applies to each country or firm 
     that is the subject of the final order. The Bank is also 
     directed to establish procedures, within 60 days after 
     enactment of this bill, regarding loans or guarantees 
     provided to any entity that is subject to a preliminary 
     determination of a reasonable indication of material 
     injury under title VII of the Tariff Act of 1930.
     Conference Agreement
       The Senate recedes with an amendment relating to 
     investigations under title II of the Trade Act of 1974 
     regarding transactions over $10 million that have been 
     initiated by the President, 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.

 Requirement That Applicants for Assistance Disclose Whether They Have 
        Violated Certain Acts; Maintenance of List of Violators

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 22 of the House amendment requires an applicant for 
     assistance from Ex-Im to disclose whether they have been 
     found by a court of the U.S. to have violated the Foreign 
     Corrupt Practices Act, and require Ex-Im to maintain a list 
     of persons who have violated such Act.
     Conference Agreement
       Conference accepts with an amendment to include the Arms 
     Export Control Act, the International Emergency Economic 
     Powers Act, or the Export Administration Act. Violations of 
     the enumerated Acts must have occurred in the proceeding 12 
     months of any new application and the finding must be made by 
     a title III court of the United States. The Bank will 
     maintain, in cooperation with the Department of Justice, a 
     record for not less than three years of applicants so found 
     to have violated any of the Acts.

                         Sense of the Congress

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 23 of the House amendment expresses the sense of 
     Congress that the Ex-Im Bank should have available a detailed 
     assessment of potential human rights impact of the proposed 
     project when considering a project worth $10 million or more.
     Conference Agreement
       The Senate recedes to the House.

              Inspector General of the Import Export Bank

     Senate Bill
       Section 7 of the Senate bill establishes an Inspector 
     General of the Export-Import Bank and included provisions 
     relating to the Export-Import Bank's audit committee.
     House Amendment
       The House amendment contains no similar provision.
     Conference Agreement
       The House recedes with an amendment removing the audit 
     committee provisions.

            Additional Provisions Adopted by the Conference

       The Conferees agreed to the following additional provisions 
     related to the Senate bill and House amendment.
       First, the Conferees agree to amend Section 2(b)(1)(B) of 
     the Export-Import Bank Act of 1945, the Chaffee Amendment, 
     and provisions of the Bank's charter in order to add the 
     enforcement of the Arms Export Control Act, the Foreign 
     Corrupt Practices Act, the International Emergency Economic 
     Powers Act, or the Export Administration Act to its 
     provisions.
       Second, the Conferees agree to add a provision 
     commemorating the contributions of John Robson to the United 
     States and to the Export-Import Bank.

                        Correction of References

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 17 of the House amendment changes reference to 
     House Banking Committee to House Financial Services 
     Committee.
     Conference Agreement
       The Senate recedes to the House.

                                 Steel

     Senate Bill
       The Senate bill contains no similar provision.
     House Amendment
       Section 16 of the House amendment requires that the Bank 
     reevaluate its adverse impact test on United States 
     industries as a result of the Benxi Iron and Steel Company 
     Bank loan guarantee in Benxi, Liaoning, China. The Bank must 
     report back to Congress on this reassessment within one year 
     after enactment of this legislation.
     Conference Agreement
       The House recedes to the Senate.

     Michael G. Oxley,
     Doug Bereuter,
     Pat Toomey,
     Gary G. Miller,
     John J. LaFalce,
     Dan Burton,
     Stephen Horn,
     Henry A. Waxman,
                                Managers on the Part of the House.

     Paul Sarbanes,
     Chris Dodd,
     Tim Johnson,
     Evan Bayh,
     Phil Gramm,
     Richard Shelby,
     Chuck Hagel,
     Managers on the Part of the Senate.

                          ____________________