§ 635g. — Report to Congress; time for submission; contents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC635g]
TITLE 12--BANKS AND BANKING
CHAPTER 6A--EXPORT-IMPORT BANK OF THE UNITED STATES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 635g. Report to Congress; time for submission; contents
(a) Annual submission of report
The Export-Import Bank of the United States shall transmit to the
Congress annually a complete and detailed report of its operations. Such
report shall be as of the close of business on the last day of each
fiscal year.
(b) Report on allocation of sums set aside for small business exports
(1) The Bank shall include in its annual report to the Congress a
report on the allocation of the sums set aside for small business
exports pursuant to section 635(b)(1)(E) of this title.
(2) Such report shall specify--
(A) the total number and dollar volume of loans made from the
sums set aside;
(B) the number and dollar volume of loans made through the
consortia program under section 635(b)(1)(E)(vii) of this title;
(C) the amount of guarantees and insurance provided for small
business exports;
(D) the number of recipients of financing from the sums set
aside who have not previously participated in the Bank's programs;
(E) the number of commitments entered into in amounts less than
$500,000; and
(F) any recommendations for increasing the participation of
banks and other institutions in the programs authorized under
section 635(b)(1)(E) of this title.
(3) For the purpose of this subsection, the Bank's report shall be
transmitted to the Committee on Small Business of the Senate and the
Committee on Small Business of the House of Representatives.
(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 635(b)(1) of this title, and on how the
efforts are assisting small business concerns (as defined in section
632(a) of title 15).
(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 632(a)
of title 15) located in the United States, and shall include the
estimate in its annual report to the Congress under subsection (a) of
this section.
(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 637(a)(4) of title 15), small business
concerns (as defined in section 632(a) of title 15) owned by women, and
small business concerns (as defined in section 632(a) of title 15)
employing fewer than 100 employees.
(July 31, 1945, ch. 341, Sec. 8, formerly Sec. 9, 59 Stat. 529; Pub. L.
90-267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L. 93-646, Sec. 10,
Jan. 4, 1975, 88 Stat. 2336; Pub. L. 95-630, title XIX, Sec. 1907(b),
Nov. 10, 1978, 92 Stat. 3725; Pub. L. 98-181, title VI, Secs. 618(b),
623, Nov. 30, 1983, 97 Stat. 1259, 1262; Pub. L. 99-472, Sec. 20(b),
(c), Oct. 15, 1986, 100 Stat. 1209, 1210; renumbered Sec. 8, Pub. L.
102-429, title I, Sec. 121(c)(2), Oct. 21, 1992, 106 Stat. 2199; Pub. L.
106-569, title XI, Sec. 1104(a)(4), Dec. 27, 2000, 114 Stat. 3032; Pub.
L. 107-189, Sec. 12, June 14, 2002, 116 Stat. 704.)
Prior Provisions
A prior section 8 of act July 31, 1945, ch. 341, was renumbered
section 7 and is classified to section 635f of this title.
Amendments
2002--Subsecs. (c) to (e). Pub. L. 107-189 added subsecs. (c) to
(e).
2000--Subsec. (b). Pub. L. 106-569 redesignated subsec. (c) as (b)
and struck out former subsec. (b) which read as follows: ``The report
shall contain a description of actions taken by the Bank in pursuance of
the policy of aiding, counseling, assisting, and protecting, insofar as
is possible, the interests of small business concerns and of the
activities of the member of the Board appointed to represent the
interest of small business. In addition, the Bank shall include in the
report a description of specific activities and programs undertaken by
it to achieve the policy of section 3261 of title 22, and section 2151q
of title 22, as required by section 635(b)(1)(C) of this title.''
Subsec. (c). Pub. L. 106-569 redesignated subsec. (c) as (b) and
directed redesignation of subsec. (e) as (c).
Subsec. (d). Pub. L. 106-569 struck out subsec. (d) which required
report to include actions taken by Bank to aid industries, preserve and
create highly skilled jobs, and enhance opportunity for business growth
and expansion and comments of Advisory Committee.
Subsec. (e). Pub. L. 106-569, which directed redesignation of
subsec. (e) as (c), could not be executed. See 1986 Amendment note and
Termination Date of 1986 Amendment note below.
1986--Subsec. (e). Pub. L. 99-472 temporarily added subsec. (e). See
Termination Date of 1986 Amendment note below.
1983--Subsec. (b). Pub. L. 98-181, Sec. 618(b)(1), inserted ``and of
the activities of the member of the Board appointed to represent the
interests of small business''.
Subsec. (c). Pub. L. 98-181, Sec. 618(b)(2), added subsec. (c).
Subsec. (d). Pub. L. 98-181, Sec. 623, added subsec. (d).
1978--Subsec. (b). Pub. L. 95-630 inserted provision that in
addition, the Bank include in the report a description of specific
activities and programs undertaken by it to achieve the policy of
section 3261 of title 22, and section 2151q of title 22, as required by
section 635(b)(1)(C) of this title.
1975--Pub. L. 93-646 designated existing provisions as subsec. (a),
substituted provisions calling for an annual report as of the close of
business on the last day of each fiscal year, for provisions calling for
a semiannual report as of the close of business on June 30 and Dec. 31
of each year, and added subsec. (b).
1968--Pub. L. 90-267 changed name of ``Export-Import Bank of
Washington'' to ``Export-Import Bank of the United States''.
Termination Date of 1986 Amendment
Section 20(c) of Pub. L. 99-472 provided that: ``Effective March 2,
1988, the amendment made by subsection (b) [amending this section] is
repealed.''
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-630 effective Nov. 10, 1978, see section
1917 of Pub. L. 95-630, set out as a note under section 635 of this
title.
Reports
Pub. L. 107-189, Sec. 8(c), June 14, 2002, 116 Stat. 701, provided
that: ``The 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 [12 U.S.C. 635g(a)] 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 [12 U.S.C. 635(b)(1)], and on how
the efforts are assisting small businesses.''
Financing for Renewable Energy Projects
Pub. L. 101-167, title V, Sec. 534(d), Nov. 21, 1989, 103 Stat.
1231, provided that:
``(1) Of the financing provided by the Export-Import Bank that is
utilized for the support of exports for the energy sector, the Bank
shall seek to provide not less than 5 per centum of such financing for
renewable energy projects.
``(2) The Export-Import Bank shall take all appropriate steps to
finance information exchanges and training whose purpose it is to help
link United States producers in the renewable energy sector with
assistance programs and potential foreign customers.
``(3) Beginning on April 15, 1990, the Chairman of the Export-Import
Bank shall submit an annual report to the Committees on Appropriations
on the Bank's implementation of this subsection.''
Submission of Annual Report
Pub. L. 89-348, Sec. 2(9), Nov. 8, 1965, 79 Stat. 1312, modified
requirement relating to submission of reports to Congress by providing
for annual reports instead of semiannual reports.
