Text: H.R.2175 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2175 IH
102d CONGRESS
1st Session
 H. R. 2175
To amend the Export-Import Bank Act of 1945 to narrow the circumstances
under which the Export-Import Bank of the United States may participate in
financing the sale of defense articles or services to foreign countries,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 1, 1991
Mr. KLECZKA (for himself, Mr. GONZALEZ, Mr. SANDERS, Mr. ANNUNZIO, Mr. BARNARD,
Jr., Mr. TORRES, Mr. BEREUTER, and Mr. MORAN) introduced the following bill;
which was referred to the Committee on Banking, Finance and Urban Affairs
A BILL
To amend the Export-Import Bank Act of 1945 to narrow the circumstances
under which the Export-Import Bank of the United States may participate in
financing the sale of defense articles or services to foreign countries,
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. AUTHORITY OF THE EXPORT-IMPORT BANK OF THE UNITED STATES TO
FINANCE THE SALE OF DEFENSE ARTICLES OR SERVICES TO FOREIGN COUNTRIES.
  Section 2(b)(6) of the Export-Import Bank Act of 1945  (12 U.S.C. 635(b)(6))
  is amended--
  (1) by striking all that precedes subparagraph (E) and inserting the
  following:
  `(6)(A) The Bank shall not guarantee, insure, extend credit, or participate
  in an extension of credit in connection with any credit sale of defense
  articles and services to any country.
  `(B) Subparagraph (A) shall not apply to a sale of defense articles and
  services to a country if the President determines that--
  `(i) the sale is necessary to protect against a direct threat to the
  security of the United States; or
  `(ii) the defense articles or services are being sold on or before September
  30, 1992, and will be used, pursuant to the terms of the sale, only for
  antinarcotics purposes after the sale.
  `(C) Notwithstanding subparagraph (B)(ii), the exception provided under
  subparagraph (B)(ii) shall apply with respect to a sale of defense articles
  and services to a country that has previously obtained any defense articles
  and services from any United States person, only if the President, after
  consultation with nongovernmental organizations concerned with such matters,
  determines that the country--
  `(i) has complied with all restrictions imposed by the United States on the
  end use of all such previously obtained defense articles and services; and
  `(ii) has not used any such previously obtained defense articles and services
  to engage in a consistent pattern of gross violations of internationally
  recognized human rights.
  `(D)(i) The Board shall not give approval to guarantee, insure, extend
  credit, or participate in an extension of credit in connection with any sale
  of defense articles and services to any country unless any determination
  by the President under subparagraph (B) or (C) with respect to such sale
  has been reported to the Speaker and the Committee on Banking, Finance
  and Urban Affairs of the House of Representatives, and to the Committee
  on Banking, Housing, and Urban Affairs of the Senate, not less than 25
  days of continuous session of the Congress before the date of such approval.
  `(ii) For purposes of clause (i), continuity of a session of the Congress
  shall be considered as broken only by an adjournment of the Congress sine
  die, and the days on which either House is not in session because of an
  adjournment of more than 3 days to a day certain shall be excluded in the
  computation of the 25-day period referred to in clause (i).'; and
  (2) in subparagraph (G), by striking `(B), (C), (D), and (F)' and inserting
  `this paragraph'.
  (b) REPEAL- Section 32 of the Arms Export Control Act (22 U.S.C. 2772)
  is hereby repealed.
SEC. 2. GAO STUDY OF THE PARTICIPATION OF THE EXPORT-IMPORT BANK OF THE
UNITED STATES IN SALES OF DEFENSE ARTICLES AND SERVICES TO FOREIGN COUNTRIES.
  (a) STUDY- The Comptroller General of the United States shall conduct a
  study of the participation of the Export-Import Bank of the United States
  in financing sales of defense articles and services (as defined in section
  2(b)(6)(F) of the Export-Import Bank Act of 1945) to foreign countries.
  (b) REPORT TO THE CONGRESS- Within 6 months after the date of the enactment
  of this Act, the Comptroller General of the United States shall submit
  to the Committee on Banking, Finance and Urban Affairs of the House of
  Representatives and the Committee on Banking, Housing, and Urban Affairs
  of the Senate a report that--
  (1) summarizes the participation referred to in subsection (a), including--
  (A) participation that was approved by the Board of Directors of the Bank
  and the reasons therefor; and
  (B) participation that was disapproved by the Board of Directors of the
  Bank and the reasons therefor;
  (2) assesses whether (and, if so, the extent to which) the countries
  purchasing defense articles and services the financing of the sales of
  which was participated in by the Bank--
  (A) failed to comply with the restrictions imposed by the United States
  on the end use of such defense articles and services; or
  (B) used any such defense articles and services to engage in a consistent
  pattern of gross violations of internationally recognized human rights; and
  (3) assesses the theoretical and practical, political and economic, pros
  and cons of such participation.

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