[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 597 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 282
114th CONGRESS
1st Session
H. R. 597
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 28, 2015
Received; read the first time
October 29, 2015
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To reauthorize the Export-Import Bank of the United States, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Export-Import Bank
Reform and Reauthorization Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
Sec. 101. Reduction in authorized amount of outstanding loans,
guarantees, and insurance.
Sec. 102. Increase in loss reserves.
Sec. 103. Review of fraud controls.
Sec. 104. Office of Ethics.
Sec. 105. Chief Risk Officer.
Sec. 106. Risk Management Committee.
Sec. 107. Independent audit of bank portfolio.
Sec. 108. Pilot program for reinsurance.
TITLE II--PROMOTION OF SMALL BUSINESS EXPORTS
Sec. 201. Increase in small business lending requirements.
Sec. 202. Report on programs for small and medium-sized businesses.
TITLE III--MODERNIZATION OF OPERATIONS
Sec. 301. Electronic payments and documents.
Sec. 302. Reauthorization of information technology updating.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Extension of authority.
Sec. 402. Certain updated loan terms and amounts.
TITLE V--OTHER MATTERS
Sec. 501. Prohibition on discrimination based on industry.
Sec. 502. Negotiations to end export credit financing.
Sec. 503. Study of financing for information and communications
technology systems.
TITLE I--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
SEC. 101. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING LOANS,
GUARANTEES, AND INSURANCE.
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
``(2) Applicable amount defined.--In this subsection, the
term `applicable amount', for each of fiscal years 2015 through
2019, means $135,000,000,000.
``(3) Freezing of lending cap if default rate is 2 percent
or more.--If the rate calculated under section 8(g)(1) is 2
percent or more for a quarter, the Bank may not exceed the
amount of loans, guarantees, and insurance outstanding on the
last day of that quarter until the rate calculated under
section 8(g)(1) is less than 2 percent.''.
SEC. 102. INCREASE IN LOSS RESERVES.
(a) In General.--Section 6 of the Export-Import Bank Act of 1945
(12 U.S.C. 635e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Reserve Requirement.--The Bank shall build to and hold in
reserve, to protect against future losses, an amount that is not less
than 5 percent of the aggregate amount of disbursed and outstanding
loans, guarantees, and insurance of the Bank.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
SEC. 103. REVIEW OF FRAUD CONTROLS.
Section 17(b) of the Export-Import Bank Reauthorization Act of 2012
(12 U.S.C. 635a-6(b)) is amended to read as follows:
``(b) Review of Fraud Controls.--Not later than 4 years after the
date of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, and every 4 years thereafter, the
Comptroller General of the United States shall--
``(1) review the adequacy of the design and effectiveness
of the controls used by the Export-Import Bank of the United
States to prevent, detect, and investigate fraudulent
applications for loans and guarantees and the compliance by the
Bank with the controls, including by auditing a sample of Bank
transactions; and
``(2) submit a written report regarding the findings of the
review and providing such recommendations with respect to the
controls described in paragraph (1) as the Comptroller General
deems appropriate to--
``(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Financial Services and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 104. OFFICE OF ETHICS.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is
amended by adding at the end the following:
``(k) Office of Ethics.--
``(1) Establishment.--There is established an Office of
Ethics within the Bank, which shall oversee all ethics issues
within the Bank.
``(2) Head of office.--
``(A) In general.--The head of the Office of Ethics
shall be the Chief Ethics Officer, who shall report to
the Board of Directors.
``(B) Appointment.--Not later than 180 days after
the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, the Chief
Ethics Officer shall be--
``(i) appointed by the President of the
Bank from among persons--
``(I) with a background in law who
have experience in the fields of law
and ethics; and
``(II) who are not serving in a
position requiring appointment by the
President of the United States before
being appointed to be Chief Ethics
Officer; and
``(ii) approved by the Board.
``(C) Designated agency ethics official.--The Chief
Ethics Officer shall serve as the designated agency
ethics official for the Bank pursuant to the Ethics in
Government Act of 1978 (5 U.S.C. App. 101 et seq.).
``(3) Duties.--The Office of Ethics has jurisdiction over
all employees of, and ethics matters relating to, the Bank.
With respect to employees of the Bank, the Office of Ethics
shall--
``(A) recommend administrative actions to establish
or enforce standards of official conduct;
``(B) refer to the Office of the Inspector General
of the Bank alleged violations of--
``(i) the standards of ethical conduct
applicable to employees of the Bank under parts
2635 and 6201 of title 5, Code of Federal
Regulations;
``(ii) the standards of ethical conduct
established by the Chief Ethics Officer; and
``(iii) any other laws, rules, or
regulations governing the performance of
official duties or the discharge of official
responsibilities that are applicable to
employees of the Bank;
``(C) report to appropriate Federal or State
authorities substantial evidence of a violation of any
law applicable to the performance of official duties
that may have been disclosed to the Office of Ethics;
and
``(D) render advisory opinions regarding the
propriety of any current or proposed conduct of an
employee or contractor of the Bank, and issue general
guidance on such matters as necessary.''.
SEC. 105. CHIEF RISK OFFICER.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a),
as amended by section 104, is further amended by adding at the end the
following:
``(l) Chief Risk Officer.--
``(1) In general.--There shall be a Chief Risk Officer of
the Bank, who shall--
``(A) oversee all issues relating to risk within
the Bank; and
``(B) report to the President of the Bank.
``(2) Appointment.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Risk Officer shall be--
``(A) appointed by the President of the Bank from
among persons--
``(i) with a demonstrated ability in the
general management of, and knowledge of and
extensive practical experience in, financial
risk evaluation practices in large governmental
or business entities; and
``(ii) who are not serving in a position
requiring appointment by the President of the
United States before being appointed to be
Chief Risk Officer; and
``(B) approved by the Board.
``(3) Duties.--The duties of the Chief Risk Officer are--
``(A) to be responsible for all matters related to
managing and mitigating all risk to which the Bank is
exposed, including the programs and operations of the
Bank;
``(B) to establish policies and processes for risk
oversight, the monitoring of management compliance with
risk limits, and the management of risk exposures and
risk controls across the Bank;
``(C) to be responsible for the planning and
execution of all Bank risk management activities,
including policies, reporting, and systems to achieve
strategic risk objectives;
``(D) to develop an integrated risk management
program that includes identifying, prioritizing,
measuring, monitoring, and managing internal control
and operating risks and other identified risks;
``(E) to ensure that the process for risk
assessment and underwriting for individual transactions
considers how each such transaction considers the
effect of the transaction on the concentration of
exposure in the overall portfolio of the Bank, taking
into account fees, collateralization, and historic
default rates; and
``(F) to review the adequacy of the use by the Bank
of qualitative metrics to assess the risk of default
under various scenarios.''.
SEC. 106. RISK MANAGEMENT COMMITTEE.
(a) In General.--Section 3 of the Export-Import Bank Act of 1945
(12 U.S.C. 635a), as amended by sections 104 and 105, is further
amended by adding at the end the following:
``(m) Risk Management Committee.--
``(1) Establishment.--There is established a management
committee to be known as the `Risk Management Committee'.
``(2) Membership.--The membership of the Risk Management
Committee shall be the members of the Board of Directors, with
the President and First Vice President of the Bank serving as
ex officio members.
``(3) Duties.--The duties of the Risk Management Committee
shall be--
``(A) to oversee, in conjunction with the Office of
the Chief Financial Officer of the Bank--
``(i) periodic stress testing on the entire
Bank portfolio, reflecting different market,
industry, and macroeconomic scenarios, and
consistent with common practices of commercial
and multilateral development banks; and
``(ii) the monitoring of industry,
geographic, and obligor exposure levels; and
``(B) to review all required reports on the default
rate of the Bank before submission to Congress under
section 8(g).''.
(b) Termination of Audit Committee.--Not later than 180 days after
the date of the enactment of this Act, the Board of Directors of the
Export-Import Bank of the United States shall revise the bylaws of the
Bank to terminate the Audit Committee established by section 7 of the
bylaws.
SEC. 107. INDEPENDENT AUDIT OF BANK PORTFOLIO.
(a) Audit.--The Inspector General of the Export-Import Bank of the
United States shall conduct an audit or evaluation of the portfolio
risk management procedures of the Bank, including a review of the
implementation by the Bank of the duties assigned to the Chief Risk
Officer under section 3(l) of the Export-Import Bank Act of 1945, as
amended by section 105.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and not less frequently than every 3 years thereafter, the
Inspector General shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a written report containing all
findings and determinations made in carrying out subsection (a).
SEC. 108. PILOT PROGRAM FOR REINSURANCE.
(a) In General.--Notwithstanding any provision of the Export-Import
Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the
United States (in this section referred to as the ``Bank'') may
establish a pilot program under which the Bank may enter into contracts
and other arrangements to share risks associated with the provision of
guarantees, insurance, or credit, or the participation in the extension
of credit, by the Bank under that Act.
(b) Limitations on Amount of Risk-Sharing.--
(1) Per contract or other arrangement.--The aggregate
amount of liability the Bank may transfer through risk-sharing
pursuant to a contract or other arrangement entered into under
subsection (a) may not exceed $1,000,000,000.
(2) Per year.--The aggregate amount of liability the Bank
may transfer through risk-sharing during a fiscal year pursuant
to contracts or other arrangements entered into under
subsection (a) during that fiscal year may not exceed
$10,000,000,000.
(c) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through 2019, the Bank
shall submit to Congress a written report that contains a detailed
analysis of the use of the pilot program carried out under subsection
(a) during the year preceding the submission of the report.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect, impede, or revoke any authority of the Bank.
(e) Termination.--The pilot program carried out under subsection
(a) shall terminate on September 30, 2019.
TITLE II--PROMOTION OF SMALL BUSINESS EXPORTS
SEC. 201. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.
(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 ``20
percent'' and inserting ``25 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2016 and each fiscal year thereafter.
SEC. 202. REPORT ON PROGRAMS FOR SMALL AND MEDIUM-SIZED BUSINESSES.
(a) In General.--Section 8 of the Export-Import Bank Act of 1945
(12 U.S.C. 635g) is amended by adding at the end the following:
``(k) Report on Programs for Small and Medium-Sized Businesses.--
The Bank shall include in its annual report to Congress under
subsection (a) a report on the programs of the Bank for United States
businesses with less than $250,000,000 in annual sales.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the report of the Export-Import Bank of the
United States submitted to Congress under section 8 of the Export-
Import Bank Act of 1945 (12 U.S.C. 635g) for the first year that begins
after the date of the enactment of this Act.
TITLE III--MODERNIZATION OF OPERATIONS
SEC. 301. ELECTRONIC PAYMENTS AND DOCUMENTS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(M) Not later than 2 years after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of 2015, the Bank
shall implement policies--
``(i) to accept electronic documents with respect to
transactions whenever possible, including copies of bills of
lading, certifications, and compliance documents, in such
manner so as not to undermine any potential civil or criminal
enforcement related to the transactions; and
``(ii) to accept electronic payments in all of its
programs.''.
SEC. 302. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.
Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j))
is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2012, 2013, and 2014'' and inserting ``2015
through 2019'';
(2) in paragraph (2)(B), by striking ``(I) the funds'' and
inserting ``(i) the funds''; and
(3) in paragraph (3), by striking ``2012, 2013, and 2014''
and inserting ``2015 through 2019''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. EXTENSION OF AUTHORITY.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635f) is amended by striking ``2014'' and inserting
``2019''.
(b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 (12
U.S.C. 635 note) is amended by striking ``September 30, 2014'' and
inserting ``the date on which the authority of the Export-Import Bank
of the United States expires under section 7 of the Export-Import Bank
Act of 1945 (12 U.S.C. 635f)''.
(c) Sub-Saharan Africa Advisory Committee.--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 by striking ``September 30, 2014'' and inserting ``the date on
which the authority of the Bank expires under section 7''.
(d) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of the enactment of this Act or June
30, 2015.
SEC. 402. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.
(a) Loan Terms for Medium-Term Financing.--Section 2(a)(2)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is
amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(iii) with principal amounts of not more than
$25,000,000; and''.
(b) Competitive Opportunities Relating to Insurance.--Section
2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is
amended by striking ``$10,000,000'' and inserting ``$25,000,000''.
(c) Export Amounts for Small Business Loans.--Section 3(g)(3) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by
striking ``$10,000,000'' and inserting ``$25,000,000''.
(d) Consideration of Environmental Effects.--Section 11(a)(1)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5(a)(1)(A)) is
amended by striking ``$10,000,000 or more'' and inserting the
following: ``$25,000,000 (or, if less than $25,000,000, the threshold
established pursuant to international agreements, including the Common
Approaches for Officially Supported Export Credits and Environmental
and Social Due Diligence, as adopted by the Organisation for Economic
Co-operation and Development Council on June 28, 2012, and the risk-
management framework adopted by financial institutions for determining,
assessing, and managing environmental and social risk in projects
(commonly referred to as the `Equator Principles')) or more''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2016 and each fiscal year thereafter.
TITLE V--OTHER MATTERS
SEC. 501. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.
Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et
seq.) is amended by adding at the end the following:
``(k) Prohibition on Discrimination Based on Industry.--
``(1) In general.--Except as provided in this Act, the Bank
may not--
``(A) deny an application for financing based
solely on the industry, sector, or business that the
application concerns; or
``(B) promulgate or implement policies that
discriminate against an application based solely on the
industry, sector, or business that the application
concerns.
``(2) Applicability.--The prohibitions under paragraph (1)
apply only to applications for financing by the Bank for
projects concerning the exploration, development, production,
or export of energy sources and the generation or transmission
of electrical power, or combined heat and power, regardless of
the energy source involved.''.
SEC. 502. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.
(a) In General.--Section 11 of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Treasury (in this section
referred to as the `Secretary')'' and inserting
``President''; and
(B) in paragraph (1)--
(i) by striking ``(OECD)'' and inserting
``(in this section referred to as the
`OECD')''; and
(ii) by striking ``ultimate goal of
eliminating'' and inserting ``possible goal of
eliminating, before the date that is 10 years
after the date of the enactment of the Export-
Import Bank Reform and Reauthorization Act of
2015,'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``President''; and
(3) by adding at the end the following:
``(c) Report on Strategy.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and Reauthorization
Act of 2015, the President shall submit to Congress a proposal, and a
strategy for achieving the proposal, that the United States Government
will pursue with other major exporting countries, including OECD
members and non-OECD members, to eliminate over a period of not more
than 10 years subsidized export-financing programs, tied aid, export
credits, and all other forms of government-supported export subsidies.
``(d) Negotiations With Non-OECD Members.--The President shall
initiate and pursue negotiations with countries that are not OECD
members to bring those countries into a multilateral agreement
establishing rules and limitations on officially supported export
credits.
``(e) Annual Reports on Progress of Negotiations.--Not later than
180 days after the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, and annually thereafter through
calendar year 2019, the President shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report on the
progress of any negotiations described in subsection (d).''.
(b) Effective Date.--The amendments made by paragraphs (1) and (2)
of subsection (a) shall apply with respect to reports required to be
submitted under section 11(b) of the Export-Import Bank Reauthorization
Act of 2012 (12 U.S.C. 635a-5(b)) after the date of the enactment of
this Act.
SEC. 503. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS
TECHNOLOGY SYSTEMS.
(a) Analysis of Information and Communications Technology Industry
Use of Bank Products.--The Export-Import Bank of the United States (in
this section referred to as the ``Bank'') shall conduct a study of the
extent to which the products offered by the Bank are available and used
by companies that export information and communications technology
services and related goods.
(b) Elements.--In conducting the study required by subsection (a),
the Bank shall examine the following:
(1) The number of jobs in the United States that are
supported by the export of information and communications
technology services and related goods, and the degree to which
access to financing will increase exports of such services and
related goods.
(2) The reduction in the financing by the Bank of exports
of information and communications technology services from 2003
through 2014.
(3) The activities of foreign export credit agencies to
facilitate the export of information and communications
technology services and related goods.
(4) Specific proposals for how the Bank could provide
additional financing for the exportation of information and
communications technology services and related goods through
risk-sharing with other export credit agencies and other third
parties.
(5) Proposals for new products the Bank could offer to
provide financing for exports of information and communications
technology services and related goods, including--
(A) the extent to which the Bank is authorized to
offer new products;
(B) the extent to which the Bank would need
additional authority to offer new products to meet the
needs of the information and communications technology
industry;
(C) specific proposals for changes in law that
would enable the Bank to provide increased financing
for exports of information and communications
technology services and related goods in compliance
with the credit and risk standards of the Bank;
(D) specific proposals that would enable the Bank
to provide increased outreach to the information and
communications technology industry about the products
the Bank offers; and
(E) specific proposals for changes in law that
would enable the Bank to provide the financing to build
information and communications technology
infrastructure, in compliance with the credit and risk
standards of the Bank, to allow for market access
opportunities for United States information and
communications technology companies to provide services
on the infrastructure being financed by the Bank.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Bank shall submit to Congress a report that
contains the results of the study required by subsection (a).
Passed the House of Representatives October 27, 2015.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 282
114th CONGRESS
1st Session
H. R. 597
_______________________________________________________________________
AN ACT
To reauthorize the Export-Import Bank of the United States, and for
other purposes.
_______________________________________________________________________
October 29, 2015
Read the second time and placed on the calendar