[House Report 107-487]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-487

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



 
             EXPORT-IMPORT BANK REAUTHORIZATION ACT OF 2001

                                _______
                                

                  May 24, 2002.--Ordered to be printed

                                _______
                                

  Mr. Oxley, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                         [To accompany S. 1372]

      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:
    ``(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'';
            (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''.
      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 as 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 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 after the principles, 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 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 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 Chafee 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 references 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.

                                  
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