Page:United States Statutes at Large Volume 108 Part 5.djvu/885

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PUBLIC LAW 103-428—OCT. 31, 1994 108 STAT. 4375 Public Law 103-428 103d Congress An Act To authorize the Export-Import Bank of the United States to provide financing Q^, gi 1994 for the export of nonlethal defense articles and defense services the primary ' end use of which will be for civilian purposes. lii.K. 445oJ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF NONLETHAL DEFENSE ARTICLES OR SERVICES THE PRIMARY END USE OF WHICH WILL BE FOR CIVILIAN PURPOSES. (a) IN GENERAL.— Section 2(b)(6) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(6)) is amended by adding at the end the following: "(I)(i) Subparagraph (A) shall not apply to a transaction involving defense articles or services if— "(I) the Bank determines that— "(aa) the defense articles or services are nonlethal; and "(bb) the primary end use of the defense articles or services will be for civilian purposes; and "(II) at least 15 calendar days before the date on which the Board of Directors of the Bank gives final approval to Bank participation in the transaction, the Bank provides notice of the transaction to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and on Appropriations of the Senate. "(ii) Not more than 10 percent of the loan, guarantee, and insurance authority available to the Bank for a fiscal year may be used by the Bank to support the sale of defense articles or services to which subparagraph (A) does not apply by reason of clause (i) of this subparagraph. "(iii) Not later than September 1 of each fiscal year, the Reports. Comptroller General of the United States, in consultation with the Bank, shall submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and on Appropriations of the Senate a report on the end uses of any defense articles or services described in clause (i) with respect to which the Bank provided support during the second preceding fiscal year.". (b) REPORT TO THE CONGRESS.— Section 2(b)(6)(H) of the Export- Import Bank Act of 1945 (12 U.S.C. 635(b)(6)(H)) is amended by