[107th Congress Public Law 189]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ189.107]


[[Page 697]]

             EXPORT-IMPORT BANK REAUTHORIZATION ACT OF 2002

[[Page 116 STAT. 698]]

Public Law 107-189
107th Congress

                                 An Act


 
To reauthorize the Export-Import Bank of the United States. <<NOTE: June 
                        14, 2002 -  [S. 1372]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Export-Import 
Bank Reauthorization Act of 2002.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 12 USC 635 note.>> Title.--This Act may be cited 
as the ``Export-Import Bank Reauthorization Act of 2002''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification that purposes include United States employment.
Sec. 3. Extension of authority.
Sec. 4. Administrative expenses.
Sec. 5. Increase in aggregate loan, guarantee, and insurance authority.
Sec. 6. Activities relating to Africa.
Sec. 7. Small business.
Sec. 8. Technology.
Sec. 9. Tied Aid Credit Fund.
Sec. 10. Expansion of authority to use Tied Aid Credit Fund.
Sec. 11. Annual competitiveness report.
Sec. 12. Annual report.
Sec. 13. Renewable energy sources.
Sec. 14. GAO report on comparative reserve practices of export credit 
           agencies and private banks.
Sec. 15. Human rights.
Sec. 16. Authority to deny application for assistance based on fraud or 
           corruption by any party involved in the transaction.
Sec. 17. Consideration of foreign country helpfulness in efforts to 
           eradicate terrorism.
Sec. 18. Outstanding orders and preliminary injury determinations.
Sec. 19. Requirement that applicants for assistance disclose whether 
           they have violated certain Acts; maintenance of list of 
           violators.
Sec. 20. Sense of the Congress.
Sec. 21. Consideration of enforcement of certain laws.
Sec. 22. Inspector General of the Export-Import Bank.
Sec. 23. Sense of the Congress in tribute to John E. Robson.
Sec. 24. Correction of references and other technical corrections.

SEC. 2. CLARIFICATION THAT PURPOSES INCLUDE UNITED STATES 
                    EMPLOYMENT.

    Section 2(a)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(a)(1)) is amended by striking the second sentence and inserting the 
following: ``The objects and purposes of the Bank shall be to aid in 
financing and to facilitate exports of goods and services, imports, and 
the exchange of commodities and services between the United States or 
any of its territories or insular possessions and any foreign country or 
the agencies or nationals of any such country, and in so doing to 
contribute to the employment of United States workers. The Bank's 
objective in authorizing loans, guarantees, insurance, and credits shall 
be to contribute to maintaining or increasing employment of United 
States workers.''.

[[Page 116 STAT. 699]]

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.--

[[Page 116 STAT. 700]]

            ``(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) <<NOTE: Termination date.>> 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) <<NOTE: Internet.>> 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.''.

[[Page 116 STAT. 701]]

    (c) Reports.--The <<NOTE: 12 USC 635g note.>> 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.

[[Page 116 STAT. 702]]

                                    ``(VII) The Tied Aid Credit Fund may 
                                be used to preemptively counter 
                                potential foreign tied aid offers 
                                without triggering foreign tied aid use.
                          ``(ii) Conclusion.--Once the principles, 
                      process and standards referred to in subparagraph 
                      (A) are followed, the final case-by-case decisions 
                      on the use of the Tied Aid Credit Fund shall be 
                      made by the Bank: Provided however, That the Bank 
                      shall not approve the extension of a proposed tied 
                      aid credit if the President of the United States 
                      determines, after consulting with the President of 
                      the Bank and the Secretary of the Treasury, that 
                      the extension of the tied aid credit would 
                      materially impede achieving the purposes described 
                      in subsection (a)(6).
                    ``(C) 
                Initial <<NOTE: Deadline. Records.>> 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 <<NOTE: Records.>> 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 <<NOTE: 12 USC 635a note.>> 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.

[[Page 116 STAT. 703]]

            (2) Report <<NOTE: Deadline.>> 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. <<NOTE: 12 USC 635i-9.>> 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 <<NOTE: Deadline. 12 USC 635i-9 
        note.>> 2 years after the date of the enactment of this Act, the 
        Secretary of the Treasury shall submit to the Committee on 
        Financial Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate a 
        report on the rationale for seeking or not seeking negotiations 
        for multilateral disciplines and transparency, the successes, 
        failures, and obstacles in initiating negotiations, and if 
        negotiations were initiated, in reaching an agreement.

    (c) Use of Tied Aid Credit Fund To Combat Untied Aid.--Section 10(a) 
of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(a)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by inserting ``, or untied aid used to 
        promote exports as if it were tied aid,'' before ``for 
        commercial'' the first and third places it appears; and

[[Page 116 STAT. 704]]

            (3) by redesignating paragraph (5) as paragraph (6) and 
        inserting after paragraph (4) the following:
            ``(5) the Bank has, at a minimum, the following two tasks--
                    ``(A)(i) first, the Bank should match foreign export 
                credit agencies and aid agencies when they engage in 
                tied aid outside the confines of the Arrangement and 
                when they exploit loopholes, such as untied aid;
                    ``(ii) such matching is needed to provide the United 
                States with leverage in efforts at the OECD to reduce 
                the overall level of export subsidies;
                    ``(iii) only through matching foreign export credit 
                offers can the Bank buttress United States negotiators 
                in their efforts to bring these loopholes within the 
                disciplines of the Arrangement; and
                    ``(iv) in order to bring untied aid within the 
                discipline of the Arrangement, the Bank should consider 
                initiating highly competitive financial support when the 
                Bank learns that foreign untied aid offers will be made; 
                and
                    ``(B) second, the Bank should support United States 
                exporters when the exporters face foreign competition 
                that is consistent with the Arrangement and the 
                Subsidies Code of the World Trade Organization, but 
                which places United States exporters at a competitive 
                disadvantage; and''.

    (d) Definition of Market Window.--Section 10(h) of such Act (12 
U.S.C. 635i-3(h)) is amended by adding at the end the following:
            ``(7) Market window.--The Bank, in consultation with the 
        Secretary of the Treasury, shall define `market window' for 
        purposes of this section.''.

SEC. 11. ANNUAL COMPETITIVENESS REPORT.

    Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(1)(A)) is amended--
            (1) <<NOTE: Deadline.>> 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) <<NOTE: Classified information.>> 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

[[Page 116 STAT. 705]]

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 <<NOTE: Deadline. 12 USC 635 note.>> 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''.

[[Page 116 STAT. 706]]

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. <<NOTE: Loans.>> 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 <<NOTE: Deadline. Procedures.>> 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. <<NOTE: Reports.>> 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 <<NOTE: Procedures. Notification.>> period.--The 
                Bank shall establish procedures under which the Bank 
                shall notify interested parties and provide a comment 
                period with regard to loans

[[Page 116 STAT. 707]]

                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. <<NOTE: Records.>> 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,''.

[[Page 116 STAT. 708]]

    (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 <<NOTE: 5 USC 5315 note.>> 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)).

[[Page 116 STAT. 709]]

    (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''.

    Approved June 14, 2002.

LEGISLATIVE HISTORY--S. 1372 (H.R. 2871):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-292 accompanying H.R. 2871 (Comm. on Financial 
Services) and 107-487 (Comm. of Conference).
SENATE REPORTS: No. 107-52 (Comm. on Banking, Housing, and Urban 
Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Mar. 14, considered and passed Senate.
            May 1, considered and passed House, amended, in lieu of H.R. 
                2871.
            June 5, House agreed to conference report.
            June 6, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            June 14, Presidential statement.

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