b. Export Enhancement Act of 1992

Partial text of Public Law 102-429 [H.R. 5739], 106 Stat. 2186, approved October 21, 1992

AN ACT To reauthorize the Export-Import Bank of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1.1 SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Export Enhancement Act of 1992".

(b) TABLE OF CONTENTS.-The table of contents for this Act is as follows:

TITLE I-REAUTHORIZATION OF EXPORT-IMPORT BANK

Sec. 101. Declaration of policy.

Sec. 102. Extension of authority.

Sec. 103. Tied aid credit fund extension.

Sec. 104. Use of loan guarantees.

Sec. 105. Expanded use of loan guarantees.

Sec. 106. Environmental policy.

Sec. 107. Insurance-related business stemming from Bank activities.

Sec. 108. Debt reduction; enterprise for the Americas initiative.

Sec. 109. Increase in aggregate loan, guarantee, and insurance authority.

Sec. 110. Limitation on financing for certain countries.

Sec. 111. Conditional allowance of assistance for exports to Angola.

Sec. 112. Financing of sales of defense articles or services.

Sec. 113. Increase in advisory committee membership.

Sec. 114. Financing of high technology exports to emerging democracies.
Sec. 115. Cooperation on export financing programs.

Sec. 116. Assistance for exports by small businesses.

Sec. 117. Compensation of employees.

Sec. 118. Report on regional offices.

Sec. 119. Report on financing of services.

Sec. 120. Report on demand for trade finance for the Baltic States, the independent states of the former Soviet Union, and Central and Eastern Europe.

Sec. 121. Elimination of outdated provisions.

TITLE II-EXPORT PROMOTION

Sec. 201. Trade Promotion Coordinating Committee.

Sec. 202. One-stop shops.

Sec. 203. Commercial Service cooperation in Federal financing and insurance programs.

Sec. 204. Environmental trade promotion.

Sec. 205. Rank of Commercial Service officers.

Sec. 206. Report on export policy.

Sec. 207. Provisional repeal of amendments.
Sec. 208. Export promotion authorization.

TITLE III-MISCELLANEOUS

Sec. 301. John Heinz Competitive Excellence Award.

112 U.S.C. 635 note.

TITLE I—REAUTHORIZATION OF EXPORT-IMPORT BANK

SEC. 101.1 DECLARATION OF POLICY.

The Congress finds that

(1) as the world's largest economy, the United States has an enormous stake in the future of the global trading system; (2) exports are a crucial force driving the United States econ

omy;

(3) during 1991, the value of United States exports increased by 7.1 percent from the 1990 level to $421,600,000,000, supporting more than 7,000,000 full-time United States jobs, and affecting the lives of all of the people of the United States;

(4) exports also support the global strategic position of the United States;

(5) a significant part of a country's influence is drawn from the reputation of its goods, its industrial connections with other countries, and the capital it has available for investment, and trade finance is a critical component of this equation;

(6) the growth in United States exports has increased the demand for financing from the Export-Import Bank of the United States;

(7) during 1991, the value of exports assisted by the ExportImport Bank rose 28.7 percent, from $9,700,000,000 to $12,100,000,000, the highest level since 1981;

(8) the Export-Import Bank used its entire budget authority provided for 1991, and still could not meet all of the demand for its financing assistance; and

(9) accordingly, the charter of the Export-Import Bank, which is scheduled to expire on September 30, 1992, must be renewed in order that the Bank continue to arrange competitive and innovative financing for the foreign sales of United States exporters.

SEC. 102. EXTENSION OF AUTHORITY.

Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking "1992” and inserting "1997".

SEC. 103.2 TIED AID CREDIT FUND EXTENSION. * *

SEC. 104.3 USE OF LOAN GUARANTEES. ***

SEC. 105.3 EXPANDED USE OF LOAN GUARANTEES.

SEC. 106. ENVIRONMENTAL POLICY. ***

SEC. 107.3 INSURANCE-RELATED BUSINESS STEMMING FROM BANK ACTIVITIES. *

SEC. 108.5 DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INITIA

TIVE.

SEC. 109.6 INCREASE IN AGGREGATE LOAN, GUARANTEE, AND INSURANCE AUTHORITY.

SEC. 110.3 LIMITATION ON FINANCING FOR CERTAIN COUNTRIES.

SEC. 111.3 CONDITIONAL ALLOWANCE OF ASSISTANCE FOR EXPORTS TO ANGOLA.

SEC. 112.7 FINANCING OF SALES OF DEFENSE ARTICLES OR SERVICES.

SEC. 113.8 INCREASE IN ADVISORY COMMITTEE MEMBERSHIP.

SEC. 114.3 FINANCING OF HIGH TECHNOLOGY EXPORTS TO EMERGING DEMOCRACIES. *

SEC. 115.9 COOPERATION ON EXPORT FINANCING PROGRAMS. *

SEC. 116.3 ASSISTANCE FOR EXPORTS BY SMALL BUSINESSES.

SEC. 117.10 COMPENSATION OF EMPLOYEES.

(a) IN GENERAL.-The Board of Directors of the Export-Import Bank of the United States may compensate not more than 35 employees of the Bank without regard to the provisions of chapter 51 or subchapter III or VIII of chapter 53 of title 5, United States Code.

(b) SUNSET.-Effective 2 years after the date of enactment of this Act, subsection (a) is hereby repealed.

(c) REPORT.-Not later than 1 year after the date of enactment of this Act, the Export-Import Bank of the United States shall submit a report to the Congress on

(1) the recruitment and employee retention problems of the Bank;

(2) any relief from such problems afforded by the Office of Personnel Management;

(3) any use of the authority provided in subsection (a); and

2 Sec. 103 amended the Export-Import Bank Act of 1945 throughout sec. 15 (subsequently redesignated as sec. 10).

3 Šecs. 104, 105, 107, 109(a), 110, 111, 112(a)–(d), 114, 116, and 121(a) amended sec. 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635).

Sec. 106 added a new sec. 17 to the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5), subsequently redesignated as sec. 11.

5 Sec. 108 added a new sec. 18 to the Export-Import Bank Act of 1945 (12 U.S.C. 6351-6), subsequently redesignated as sec. 12.

Sec. 109 amended sec. 2(c)1) and sec. 7 (12 U.S.C. 635e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(c)1)).

7 Sec. 112 amended section 2(b)(6) of the Export-Import Bank Act of 1945 and repealed sec. 32 of the Arms Export Control Act (22 U.S.C. 2772).

Sec. 113 amended sec. 3(dX1XA) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(d)1XA)).

Sec. 115 added a new sec. 19 to the Export-Import Bank Act of 1945 (12 U.S.C. 6351-7), subsequently redesignated as sec. 13.

10 12 U.S.C. 635a note.

(4) the conclusions and recommendations of the Bank with respect to

(A) whether such problems have been satisfactorily addressed; and

(B) whether or not the authority of subsection (a) should be extended.

SEC. 118.10 REPORT ON REGIONAL OFFICES.

Not later than 1 year after the date of enactment of this Act, the Export-Import Bank of the United States shall submit a report 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 on the Bank's plan to establish and operate regional offices. In addition, the report shall consider the appropriateness of cooperating with other Federal agencies and State and local organizations in co-locating personnel of such agencies and organizations with personnel of the Bank in such regional offices.

SEC. 119.1 REPORT ON FINANCING OF SERVICES.

(a) REPORT.—Not later than 1 year after the date of enactment of this Act, the Export-Import Bank of the United States (in this section referred to as the "Bank") shall submit a report to the Committee on Banking, Finance and Urban Affairs and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on ways of facilitating the export financing of high technology services. (b) CONTENTS.-The report required by subsection (a) shall include

(1) an analysis of the current export financing needs of firms dealing in high technology services;

(2) an identification of the export financing support provided by commercial lenders to finance the sale of high technology services;

(3) an identification of the official export credit programs in support of such exports of countries that are major participants in the Organization for Economic Cooperation and Development; and

(4) a review of the programs of the Bank to determine how it can meet identified market needs of firms dealing in high technology services.

(c) DEFINITION.-For purposes of this section, the term "high technology services" means industries in which above average percentages of scientists and engineers are employed, and which have the highest direct research and development expenditures per dollar of sales, including

(1) computer programming and software services;

(2) data processing services; and

(3) computer related services.

SEC. 120.1 REPORT ON DEMAND FOR TRADE FINANCE FOR THE BALTIC STATES, THE INDEPENDENT STATES OF THE FORMER SOVIET UNION, AND CENTRAL AND EASTERN EUROPE.

(a) FINDINGS.-The Congress finds that

(1) United States export participation in the emerging mar kets in the independent States of the former Soviet Union, Central and Eastern Europe, and the Baltic States holds definite potential for preserving and creating jobs in the United States and strengthening the competitiveness of United States exports;

(2) export assistance for United States goods destined for emerging republics is an investment in the development and establishment of their market economies, a critical element in maintaining existing United States businesses which export to the regions in which such republics are located, and a significant factor in the economic future of the United States and such republics;

(3) the Export-Import Bank of the United States (in this section referred to as the "Bank") has a unique opportunity to play a leading role in assisting United States exporters to participate in the rapidly changing and highly competitive markets in the independent States of the former Soviet Union, Central and Eastern Europe, and the Baltic States; and

(4) it is in the interest of the United States for the Bank to
(A) monitor carefully the export assistance programs
and terms offered by foreign governments for competitive
exports; and

(B) make every effort to offer United States business export assistance for transactions in the independent States of the former Soviet Union, Central and Eastern Europe, and the Baltic States, that is comparable to the assistance being provided by other governments.

(b) REPORT.-Not later than 1 year after the date of enactment of this Act, the Bank shall transmit to the Congress a report analyzing the present and future demand for loans, guarantees, and insurance for trade between the United States and the Baltic States, between the United States and the independent States of the former Soviet Union, and between the United States and Central and Eastern Europe, and shall make recommendations regarding the adequacy of financing for trade between the United States and such countries. As used in this section, the term "independent States of the former Soviet Union" includes all successor states (other than the Baltic States) to the Soviet Union.

SEC. 121.11 ELIMINATION OF OUTDATED PROVISIONS.

TITLE II-EXPORT PROMOTION

SEC. 201.12 TRADE PROMOTION COORDINATING COMMITTEE.

SEC. 202.13 ONE-STOP SHOPS. *

SEC. 203.13 COMMERCIAL SERVICE COOPERATION IN FEDERAL FINANCING AND INSURANCE PROGRAMS.

11 Sec. 121 amended several sections of the Export-Import Bank Act of 1945 to eliminate outdated provisions.

12 Sec. 201 added a new sec. 2312 to the Export Enhancement Act of 1988 (15 U.S.C. 4727). For text, see page 339.

13 Secs. 202, 203, and 205 amended sec. 2301 of the Export Enhancement Act of 1988 (15 U.S.C.