[House Report 107-423]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-423

======================================================================



 
     PROVIDING FOR CONSIDERATION OF H.R. 2871, EXPORT-IMPORT BANK 
                      REAUTHORIZATION ACT OF 2001

                                _______
                                

   April 30, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 402]

    The Committee on Rules, having had under consideration 
House Resolution 402, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 2871, 
the Export-Import Bank Reauthorization Act of 2001, under a 
structured rule. The rule provides one hour of debate equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Financial Services. The rule waives 
all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Financial Services 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The rule waives all points of order against the bill, as 
amended.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report shall be considered only in the order printed, may 
be offered only by a Member designated, shall be considered as 
read, shall be debatable for the time specified equally divided 
and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question in the House or in the Committee on 
the Whole. The rule waives all points of order against the 
amendments printed in this report. The rule provides one motion 
to recommit with or without instructions.
    The rule provides that after passage of H.R. 2871, it shall 
be in order to take from the Speaker's table S. 1372, consider 
it in the House, and move to strike all after the enacting 
clause and insert the text of H.R. 2871 as passed by the House. 
The rule waives all points of order against consideration of 
the Senate bill and the motion to strike and insert.
    Finally, the rule provides that if the motion is adopted 
and the Senate bill, as amended, is passed, then it shall be in 
order to move that the House insist on its amendment and 
request a conference.
    The waiver of all points of order against the bill and its 
consideration includes a waiver of section 306 of the 
Congressional Budget Act (prohibiting consideration of 
legislation within the jurisdiction of the Committee on the 
Budget unless reported by the Budget Committee).

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    Bereuter--Manager's Amendment. Makes corrections to section 
9 in the bill dealing with the Tied Aid War Chest. Under the 
changes made by the amendment, the Export-Import Bank and the 
Department of the Treasury will jointly set the principles, 
process, and standards which govern the Tied Aid War Chest. (10 
minutes)
    DeFazio--Prohibits Export-Import Bank assistance for any 
project that involves the privatization of a government-held 
industry or sector if that privatization: is not implemented in 
a transparent manner; is not implemented in a manner that 
adequately protects the interests of workers, small investors, 
and vulnerable groups in society; or if appropriate regulatory 
regimes have not been established to ensure properly 
functioning competitive markets. (30 minutes)
    Kucinich--Requires Export-Import Bank to gather information 
relating to compliance with the Foreign Corrupt Practices Act 
as amended by applicants. Export-Import would request that 
applicants report whether or not they had been found by a U.S. 
court to be in violation of the Foreign Corrupt Practices Act. 
Export-Import would also independently monitor federal court 
records to determine if any applicants for Export-Import 
assistance had violated the Act. (30 minutes)
    Sanders--Prohibits companies from receiving future Export-
Import Bank assistance if they lay off a greater percentage of 
workers in the U.S. than they lay off in foreign countries. (30 
minutes)
    Schakowsky--Sense of the Congress that detailed information 
on the potential impact of proposed Export-Import Bank projects 
on human rights should be available to the management of the 
bank. (30 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

 1. An Amendment To Be Offered by Representative Bereuter of Nebraska, 
                or a Designee, Debatable for 10 Minutes

  Page 12, line 19, strike ``Process and'' and insert 
``Principles, Process, and''.
  Page 12, strike lines 22 through 25 and insert the following:
          (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
  Page 13, line 2, strike ``Process and'' and insert 
``Principles, process, and''.
  Page 13, line 4, after ``Secretary'' insert ``and the Bank 
jointly''.
  Page 13, line 5, insert ``principles and'' before 
``standards''.
  Page 13, line 10, strike ``process and'' and insert 
``principles, process, and''.
  Page 13, strike line 13 and insert ``principles and 
standards.--In developing the principles and standards''.
  Page 13, line 15, after ``retary'' insert ``and the Bank''.
  Page 13, line 17, insert ``principles and'' before 
``standards''.
  Page 13, after line 17, insert the following:
                                  ``(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.''.
  Page 13, line 18, strike ``(I)'' and insert ``(II)''.
  Page 13, line 23, strike ``(II)'' and insert ``(III)''.
  Page 14, line 3, strike ``(III)'' and insert ``(IV)''.
  Page 14, line 6, insert ``on commercial terms'' after 
``opportunities''.
  Page 14, line 8, strike ``(IV)'' and insert ``(V)''.
  Page 14, line 13, strike ``(V)'' and insert ``(VI)''.
  Page 14, line 14, strike ``will'' and insert ``may only''.
  Page 14, line 17, strike ``(VI)'' and insert ``(VII)''.
  Page 14, line 18, strike ``will'' and insert ``may''.
  Page 14, line 21, insert ``principles,'' before ``process''.
  Page 15, line 1, strike ``report'' and insert ``principles, 
process, and standards''.
  Page 15, line 3, after ``Secretary'' insert ``and the Bank''.
  Page 15, line 7, strike ``report on the process'' and insert 
``copy of the principles, process,''.
  Page 15, line 10, insert ``principles and'' before 
``standards''.
  Page 15, line 11, insert ``principles and'' before 
``standards''.
  Page 15, line 13, strike ``report'' and insert ``principles, 
process, and standards''.
  Page 15, line 13, strike ``is'' and insert ``are''.
  Page 15, line 15, strike ``; reports''.
  Page 15, line 16, after ``Secretary'' insert ``and the bank 
jointly''.
  Page 15, line 17, strike ``process and'' and insert 
``principles, process, and''.
  Page 15, line 22, strike ``report on the process'' and insert 
``copy of the principles, process,''.
  Page 16, line 8, after ``tiously'' insert ``pursuant to 
paragraph (2)''.
  Page 16, line 14, strike ``, but shall not''.
  Page 16, line 22, strike ``shall'' and insert ``should''.
  Page 17, line 7, after ``in'' insert ``initiating 
negotiations, and if negotiations were initiated, in''.
  Page 17, line 13, strike ``shall'' and insert ``should''.
  Page 17, line 22, after ``in'' insert ``initiating 
negotiations, and if negotiations were initiated, in''.
  Page 17, line 25, strike ``and Market Windows''.
  Page 18, strike lines 2 through 6 and insert ``amended in 
subsection (a)--''.
  Page 18, line 7, strike ``(B)'' and insert ``(A)''.
  Page 18, line 9, strike ``(C)'' and insert ``(B)''.
  Page 18, line 10, strike ``market windows'' and insert 
``untied aid''.
  Page 18, line 12, strike ``(D)'' and insert ``(C)''.
  Page 18, line 13, strike ``as'' and insert ``and''.
  Page 18, line 18, insert ``and aid agencies'' after 
``agencies''.
  Page 18, line 21, strike ``market windows and''.
  Page 19, line 6, strike ``market windows'' and insert 
``untied aid''.
  Page 19, beginning on line 10, strike ``market window support 
may be part of a transaction'' and insert ``untied aid offers 
will be made''.
  Page 19, line 19, strike ``; and'' and insert a period.
  Page 19, strike lines 20 through 24.
                              ----------                              


2. An Amendment To Be Offered by Representative DeFazio of Oregon, or a 
                   Designee, Debatable for 30 Minutes

  At the end of the bill, add the following:

SEC. ____. BAN ON ASSISTANCE FOR PROJECT INVOLVING PRIVATIZATION OF 
                    GOVERNMENT-HELD INDUSTRY OR SECTOR.

  Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)) is amended by adding at the end the following:
  ``(13) Ban on assistance for project involving privatization 
of government-held industry or sector.--The Bank may not 
guarantee, insure, or extend (or participate in the extension 
of) credit in connection with the export of any good or service 
for a project that involves the privatization of a government-
held industry or sector if--
                  ``(A) the privatization transaction is not 
                implemented in a transparent manner;
                  ``(B) the privatization transaction is not 
                implemented in a manner that adequately 
                protects the interests of workers, small 
                investors, and vulnerable groups in society to 
                the extent that they are affected by the 
                privatization transaction; or
                  ``(C) appropriate regulatory regimes have not 
                been established to ensure the proper function 
                of competitive markets in the industry or 
                sector.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Kucinich of Ohio, or a 
                   Designee, Debatable for 30 minutes

  At the end of the bill, add the following:

SEC. ____. REQUIREMENT THAT APPLICANTS FOR ASSISTANCE DISCLOSE WHETHER 
                    THEY HAVE VIOLATED THE FOREIGN CORRUPT PRACTICES 
                    ACT; 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:
  ``(M) 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, and shall maintain a list of persons so found to 
have violated such Act.''.
  Amend the table of contents accordingly.
                              ----------                              


4. An Amendment To Be Offered by Representative Sanders of Vermont, or 
                  a Designee, Debatable for 30 Minutes

  At the end of the bill, add the following:

SEC. ____. INFORMATION AND CERTIFICATIONS REQUIRED FROM COMPANIES 
                    SEEKING OR RECEIVING NEW ASSISTANCE.

  Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 
635) is further amended by adding at the end the following:
  ``(g)(1) As a condition of providing assistance to a company 
in connection with a transaction entered into on or after the 
date of the enactment of this subsection, the Bank shall 
require the company to submit to the Bank the following 
information on an annual basis:
          ``(A) The number of individuals employed by the 
        company in the United States and its territories.
          ``(B) The number of individuals employed by the 
        company outside the United States and its territories.
          ``(C) A description of the wages and benefits being 
        provided to the employees of the company in the United 
        States and its territories.
  ``(2)(A) Beginning 1 year after the Bank provides assistance 
to a company in connection with a transaction entered into on 
or after the date of the enactment of this subsection, the 
company shall, on an annual basis, provide the Bank with a 
written certification of--
          ``(i) the percentage of the workforce of the company 
        employed in the United States or its territories that 
        has been laid off or induced to resign from the company 
        during the preceding year; and
          ``(ii) the percentage of the total workforce of the 
        company that has been laid off or induced to resign 
        from the company during the preceding year.
  ``(B)(i) If, in the certification provided by the company, 
the percentage described in subparagraph (A)(i) is greater than 
the percentage described in subparagraph (A)(ii), then the 
company shall be ineligible for further assistance from the 
Bank until the company provides to the Bank a new written 
certification in which, for the year covered by the new 
certification, the percentage described in subparagraph (A)(i) 
is not greater than the percentage described in subparagraph 
(A)(ii).
  ``(ii) If the company does not provide a certification 
required by subparagraph (A), or provides a false certification 
under this paragraph, then 60 days thereafter the Bank shall 
withdraw all assistance from the company, and the company shall 
thereafter be ineligible for assistance from the Bank.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Schakowsky of Illinois, 
                or a Designee, Debatable for 30 Minutes

  At the end of the bill, add the following:

SEC. ____. SENSE OF THE CONGRESS.

  It is the sense of the Congress that, when considering a 
proposal for assistance for a project that is worth $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.

                                
