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George W. Bush Presidential Library Collection: Executive Clerk, Office of the Series: Saunders, G. Timothy (Tim) - Bill Files Folder Title: 06/14/2002 [S. 1372] [771240] [2] Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. 001 Memorandum Export-Import Bank Reauthorization Act of 2002 - To: 4 06/13/2002 P5; POTUS - From: Mitchell E. Daniels, Jr. 002 Speech [Misfile - Draft #5 re: Houston Read Enrichment Camp 2 06/14/2002 P5; Service] - From: Brian C. Jones 003 Memorandum Export-Import Bank Reauthorization Act of 2002 - To: 4 06/13/2002 P5; POTUS - From: Mitchell E. Daniels, Jr. 004 Memorandum Export-Import Bank Reauthorization Act of 2002 - To: 4 06/13/2002 P5; POTUS - From: Mitchell E. Daniels, Jr. 005 Memorandum Export-Import Bank Reauthorization Act of 2002 - To: 4 06/13/2002 P5; POTUS - From: Mitchell E. Daniels, Jr. 007 Memorandum Export-Import Bank Reauthorization Act of 2002 - To: 4 06/13/2002 P5; POTUS - From: Mitchell E. Daniels, Jr. 008 Worksheet [Tracking sheet for Presidential documents re: S. 1372] 1 06/22/2002 P5; COLLECTION TITLE: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. Page 1 of 2 This document was prepared on Monday, September 09, 2013 Withdrawn/Redacted Material The George W. Bush Library DOCUMENT FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) NO. T006 Statement S. 1372 - From: White House 1 06/14/2002 Transferred COLLECTION TITLE: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. Page 2 of 2 This document was prepared on Monday, September 09, 2013 SS/ RM NO. 5060 WHITE HOUSE STAFFING MEMORANDUM Date: 6-13-02 3:15 PM ACTION / CONCURRENCE / COMMENT DUE BY: 6-13-02 6:00 PM ENROLLED BILL S. 1372 - EXPORT-IMPORT BANK REAUTHORIZATION ACT OF Subject: 2002 02 JUN 13PM10:14 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD HUGHES BARTLETT IRASTORZA BLAKEMAN JOHNSON BOLTEN LINDSEY BRIDGELAND MARBURGER CALIO MIERS CONNAUGHTON RICE DANIELS RIDGE FLEISCHER ROVE GERSON SPELLINGS GONZALES A CLERK HAGIN HAWKINS REMARKS: PLEASE FORWARD YOUR COMMENTS TO JIM JUKES, EXTENSION 53458/FAX 56148, BY 6:00 PM TODAY AND SEND A COPY TO THE STAFF SECRETARY. PLEASE NOTE THERE IS A SIGNING STATEMENT PROPOSED. ALSO, PLEASE NOTE THAT THERE IS A BILL SIGNING SCHEDULED FOR 7:20 IN THE MORNING. THANK YOU. June 13, 2002 RESPONSE: The NSC Concurs. Condoleezza Rice Assistant to the President for National Security Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Export-Import Bank Reauthorization Act of 2002 - To: POTUS - From: 4 06/13/2002 P5; Mitchell E. Daniels, Jr. This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF ATTACHMENT Other Provisions Contained in S. 1372 S. 1372 includes the following additional provisions: -- Amends the Inspector General Act of 1978 to establish an inspector general at the Bank. This position would be Presidentially appointed. -- Extends the sub-Saharan Africa Advisory Committee, which was established to facilitate U.S. exports to this region, from September 30, 2001, to September 30, 2006, and requires the Bank to consult with the Department of Commerce and the Trade Promotion Coordinating Committee on Africa activities. -- Requires the Bank to take into account the extent to which a nation has been helpful or unhelpful in efforts to eradicate terrorism before extending a guarantee, insurance, or credit. -- Requires loan recipients to disclose whether they have been convicted of violating the Foreign Corrupt Practices Act, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act. -- Authorizes the Bank to deny an application for assistance if the Bank has substantial, credible evidence that any party to the transaction has committed an act of fraud or corruption. -- Requires the General Accounting Office to report to Congress comparing the Bank's reserve ratio practices to those of private banks and foreign export credit agencies. -- Requires the Bank (1) to implement technology improvements designed to improve small business outreach, including allowing customers to use the Internet to apply for Bank programs, and (2) to establish an electronic system designed to track all pending Bank transactions. The Bank is to submit periodic reports to Congress on its technological progress and on how this is assisting small businesses. -- Requires that the President's Budget include new budget subcategories for the Bank, displaying program budget and administrative expenses, with technology expenses identified. -- Requires the Bank to promote the export of U.S. goods and services related to renewable energy sources and to report to Congress annually on such efforts. -- States that the Bank's objective, in providing loans, guarantees, insurance, and credits, is to contribute to maintaining or increasing employment of U.S. workers. STATEMENT BY THE PRESIDENT I am today signing into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. The legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The Executive branch shall carry out Section 7(b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10(a) and 10 (b)(2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related Executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary Executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Accordingly, the Executive branch shall construe these provisions as precatory rather than mandatory. The Executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to Section 2(b)(1)(B) of the Export-Import Bank Act by Section 15 of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination under Section 2(b)(1)(B), and does not have the effect of adopting the Universal Declaration as U.S. law. Myers, Steven R. (RECORDS) From: Myers, Steven R. (RECORDS) Sent: Thursday, June 13, 2002 3:50 PM To: @International Economic Affairs Cc: @EXECSEC; @West Wing Desk; @UP; @Legislative Affairs Subject: WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 [UNCLASSIFIED, Record] Attached is WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 Action: Lowery Concurrence: Andricos Comments are due 13 Jun @ 6 pm N WHR5060.tif Email responses to West Wing Desk and we will do the rest 1 Myers, Steven R. (RECORDS) From: Luisi, Linda C (LEGISLATIVE) Sent: Thursday, June 13, 2002 4:15 PM To: Myers, Steven R. (RECORDS); @International Economic Affairs Cc: @EXECSEC; @West Wing Desk; @UP; @Legislative Affairs Subject: RE: WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 [UNCLASSIFIED, Record] Clear for Legislative. Original Message From: Myers, Steven R. (RECORDS) Sent: Thursday, June 13, 2002 3:50 PM To: @International Economic Affairs Cc: @EXECSEC; @West Wing Desk; @UP; @Legislative Affairs Subject: WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 [UNCLASSIFIED, Record] Attached is WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 Action: Lowery Concurrence: Andricos Comments are due 13 Jun @ 6 pm « File: WHR5060.tif » Email responses to West Wing Desk and we will do the rest 1 Myers, Steven R. (RECORDS) From: Cloud, John A. (INTL ECON) Sent: Thursday, June 13, 2002 7:19 PM To: Myers, Steven R. (RECORDS) Subject: RE: WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 [UNCLASSIFIED, Record] we concurred. sorry for not getting it to you. Original Message From: Myers, Steven R. (RECORDS) Sent: Thursday, June 13, 2002 5:55 PM To: @International Economic Affairs Cc: @EXECSEC; @West Wing Desk; @UP; @Legislative Affairs Subject: WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 [UNCLASSIFIED, Record] Importance: High Any comments? Received concurrence from Legislative Affairs Thank you, Steven Attached is WHR5060 - Enrolled Bill S 1372 Export-Import Bank Reauthorization Act of 2002 Action: Lowery Concurrence: Andricos Comments are due 13 Jun @ 6 pm « File: WHR5060.tif » Email responses to West Wing Desk and we will do the rest 1 SS/ RM NO. WHITE HOUSE STAFFING MEMORANDUM Date: 6-13-02 3:15 PM ACTION / CONCURRENCE / COMMENT DUE BY: 6-13-02 6:00 PM ENROLLED BILL S. 1372 - EXPORT-IMPORT BANK REAUTHORIZATION ACT OF 02 JUN 13 PM5:15 Subject: 2002 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD + CARD HUGHES BARTLETT IRASTORZA BLAKEMAN JOHNSON BOLTEN LINDSEY BRIDGELAND MARBURGER CALIO MIERS CONNAUGHTON RICE DANIELS A RIDGE FLEISCHER ROVE GERSON SPELLINGS GONZALES X CLERK HAGIN HAWKINS REMARKS: PLEASE FORWARD YOUR COMMENTS TO JIM JUKES, EXTENSION 53458/FAX 56148, BY 6:00 FM TODAY AND SEND A COPY TO THE STAFF SECRETARY. PLEASE NOTE THERE IS A SIGNING STATEMENT PROPOSED. ALSO, PLEASE NOTE THAT THERE IS A BILL SIGNING SCHEDULED FOR 7:20 IN THE MORNING. THANK YOU. RESPONSE: CC Jay OKTT Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Speech [Misfile - Draft #5 re: Houston Read Enrichment Camp Service] - From: 2 06/14/2002 P5; Brian C. Jones This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF SS/ RM NO. WHITE HOUSE STAFFING MEMORANDUM Date: 6-13-02 3:15 PM ACTION / CONCURRENCE / COMMENT DUE BY: 6-13-02 6:00 PM ENROLLED BILL S. 1372 - EXPORT-IMPORT BANK REAUTHORIZATION ACT OF Subject: 2002 JUN ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD HUGHES BARTLETT IRASTORZA BLAKEMAN JOHNSON BOLTEN LINDSEY BRIDGELAND MARBURGER CALIO MIERS CONNAUGHTON RICE DANIELS RIDGE FLEISCHER ROVE GERSON SPELLINGS GONZALES $ CLERK HAGIN HAWKINS REMARKS: PLEASE FORWARD YOUR COMMENTS TO JIM JUKES, EXTENSION 53458/FAX 56148, BY 6:00 PM TODAY AND SEND A COPY TO THE STAFF SECRETARY. PLEASE NOTE THERE IS A SIGNING STATEMENT PROPOSED. ALSO, PLEASE NOTE THAT THERE IS A BILL SIGNING SCHEDULED FOR 7:20 IN THE MORNING. THANK YOU. RESPONSE: comments Jim Junes lukes brig CX for to Ensta Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Export-Import Bank Reauthorization Act of 2002 - To: POTUS - From: 4 06/13/2002 P5; Mitchell E. Daniels, Jr. This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF ATTACHMENT Other Provisions Contained in S. 1372 S. 1372 includes the following additional provisions: -- Amends the Inspector General Act of 1978 to establish an inspector general at the Bank. This position would be Presidentially appointed. -- Extends the sub-Saharan Africa Advisory Committee, which was established to facilitate U.S. exports to this region, from September 30, 2001, to September 30, 2006, and requires the Bank to consult with the Department of Commerce and the Trade Promotion Coordinating Committee on Africa activities. -- Requires the Bank to take into account the extent to which a nation has been helpful or unhelpful in efforts to eradicate terrorism before extending a guarantee, insurance, or credit. -- Requires loan recipients to disclose whether they have been convicted of violating the Foreign Corrupt Practices Act, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act. -- Authorizes the Bank to deny an application for assistance if the Bank has substantial, credible evidence that any party to the transaction has committed an act of fraud or corruption. -- Requires the General Accounting Office to report to Congress comparing the Bank's reserve ratio practices to those of private banks and foreign export credit agencies. -- Requires the Bank (1) to implement technology improvements designed to improve small business outreach, including allowing customers to use the Internet to apply for Bank programs, and (2) to establish an electronic system designed to track all pending Bank transactions. The Bank is to submit periodic reports to Congress on its technological progress and on how this is assisting small businesses. -- Requires that the President's Budget include new budget subcategories for the Bank, displaying program budget and administrative expenses, with technology expenses identified. -- Requires the Bank to promote the export of U.S. goods and services related to renewable energy sources and to report to Congress annually on such efforts. -- States that the Bank's objective, in providing loans, guarantees, insurance, and credits, is to contribute to maintaining or increasing employment of U.S. workers. SS/ RM NO. WHITE HOUSE STAFFING MEMORANDUM Date: 6-13-02 3:15 PM ACTION / CONCURRENCE / COMMENT DUE BY: 6-13-02 6:00 PM ENROLLED BILL S. 1372 - EXPORT-IMPORT BANK REAUTHORIZATION ACT OF Subject: 2002 ACTION FYI ACTION JURYM F7:38 VICE PRESIDENT HUBBARD CARD HUGHES BARTLETT IRASTORZA BLAKEMAN JOHNSON BOLTEN LINDSEY BRIDGELAND MARBURGER CALIO MIERS CONNAUGHTON RICE DANIELS RIDGE FLEISCHER ROVE GERSON SPELLINGS GONZALES X CLERK HAGIN HAWKINS REMARKS: PLEASE FORWARD YOUR COMMENTS TO JIM JUKES, EXTENSION 53458/FAX 56148, BY 6:00 PM TODAY AND SEND A COPY TO THE STAFF SECRETARY. PLEASE NOTE THERE IS A SIGNING STATEMENT PROPOSED. ALSO, PLEASE NOTE THAT THERE IS A BILL SIGNING SCHEDULED FOR 7:20 IN THE MORNING. THANK YOU. RESPONSE: legateter Affa -ale Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Export-Import Bank Reauthorization Act of 2002 - To: POTUS - From: 4 06/13/2002 P5; Mitchell E. Daniels, Jr. This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF ATTACHMENT Other Provisions Contained in S. 1372 S. 1372 includes the following additional provisions: -- Amends the Inspector General Act of 1978 to establish an inspector general at the Bank. This position would be Presidentially appointed. -- Extends the sub-Saharan Africa Advisory Committee, which was established to facilitate U.S. exports to this region, from September 30, 2001, to September 30, 2006, and requires the Bank to consult with the Department of Commerce and the Trade Promotion Coordinating Committee on Africa activities. -- Requires the Bank to take into account the extent to which a nation has been helpful or unhelpful in efforts to eradicate terrorism before extending a guarantee, insurance, or credit. -- Requires loan recipients to disclose whether they have been convicted of violating the Foreign Corrupt Practices Act, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act. -- Authorizes the Bank to deny an application for assistance if the Bank has substantial, credible evidence that any party to the transaction has committed an act of fraud or corruption. -- Requires the General Accounting Office to report to Congress comparing the Bank's reserve ratio practices to those of private banks and foreign export credit agencies. -- Requires the Bank (1) to implement technology improvements designed to improve small business outreach, including allowing customers to use the Internet to apply for Bank programs, and (2) to establish an electronic system designed to track all pending Bank transactions. The Bank is to submit periodic reports to Congress on its technological progress and on how this is assisting small businesses. -- Requires that the President's Budget include new budget subcategories for the Bank, displaying program budget and administrative expenses, with technology expenses identified. -- Requires the Bank to promote the export of U.S. goods and services related to renewable energy sources and to report to Congress annually on such efforts. -- States that the Bank's objective, in providing loans, guarantees, insurance, and credits, is to contribute to maintaining or increasing employment of U.S. workers. STATEMENT BY THE PRESIDENT I am today signing into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. The legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The Executive branch shall carry out Section 7(b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10(a) and 10 (b)(2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related Executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary Executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Accordingly, the Executive branch shall construe these provisions as precatory rather than mandatory. The Executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to Section 2(b)(1)(B) of the Export-Import Bank Act by Section 15 of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination under Section 2(b)(1)(B), and does not have the effect of adopting the Universal Declaration as U.S. law. SS/ RM NO. WHITE HOUSE STAFFING MEMORANDUM Date: 6-13-02 3:15 PM ACTION / CONCURRENCE / COMMENT DUE BY: 6-13-02 6:00 PM ENROLLED BILL S. 1372 - EXPORT-IMPORT BANK REAUTHORIZATION ACT OF Subject: 2002 ACTION FYI ACTION FYI VICE PRESIDENT HUBBARD CARD HUGHES BARTLETT IRASTORZA BLAKEMAN JOHNSON BOLTEN LINDSEY BRIDGELAND MARBURGER CALIO MIERS CONNAUGHTON RICE DANIELS RIDGE FLEISCHER ROVE GERSON SPELLINGS GONZALES A CLERK HAGIN HAWKINS REMARKS: PLEASE FORWARD YOUR COMMENTS TO JIM JUKES, EXTENSION 53458/FAX 56148, BY 6:00 PM TODAY AND SEND A COPY TO THE STAFF SECRETARY. PLEASE NOTE THERE IS A SIGNING STATEMENT PROPOSED. ALSO, PLEASE NOTE THAT THERE IS A BILL SIGNING SCHEDULED FOR 7:20 IN THE MORNING. THANK YOU. RESPONSE: to AAC 1/3 350 Harriet E. Miers Assistant to the President and Staff Secretary Ext. 62702 Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Export-Import Bank Reauthorization Act of 2002 - To: POTUS - From: 4 06/13/2002 P5; Mitchell E. Daniels, Jr. This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF ATTACHMENT Other Provisions Contained in S. 1372 S. 1372 includes the following additional provisions: -- Amends the Inspector General Act of 1978 to establish an inspector general at the Bank. This position would be Presidentially appointed. -- Extends the sub-Saharan Africa Advisory Committee, which was established to facilitate U.S. exports to this region, from September 30, 2001, to September 30, 2006, and requires the Bank to consult with the Department of Commerce and the Trade Promotion Coordinating Committee on Africa activities. -- Requires the Bank to take into account the extent to which a nation has been helpful or unhelpful in efforts to eradicate terrorism before extending a guarantee, insurance, or credit. -- Requires loan recipients to disclose whether they have been convicted of violating the Foreign Corrupt Practices Act, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act. -- Authorizes the Bank to deny an application for assistance if the Bank has substantial, credible evidence that any party to the transaction has committed an act of fraud or corruption. -- Requires the General Accounting Office to report to Congress comparing the Bank's reserve ratio practices to those of private banks and foreign export credit agencies. -- Requires the Bank (1) to implement technology improvements designed to improve small business outreach, including allowing customers to use the Internet to apply for Bank programs, and (2) to establish an electronic system designed to track all pending Bank transactions. The Bank is to submit periodic reports to Congress on its technological progress and on how this is assisting small businesses. -- Requires that the President's Budget include new budget subcategories for the Bank, displaying program budget and administrative expenses, with technology expenses identified. -- Requires the Bank to promote the export of U.S. goods and services related to renewable energy sources and to report to Congress annually on such efforts. -- States that the Bank's objective, in providing loans, guarantees, insurance, and credits, is to contribute to maintaining or increasing employment of U.S. workers. STATEMENT BY THE PRESIDENT I am today signing into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. The legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The Executive branch shall carry out Section 7(b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10(a) and 10 (b)(2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related Executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary Executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Accordingly, the Executive branch shall construe these provisions as precatory rather than mandatory. The Executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to Section 2(b)(1)(B) of the Export-Import Bank Act by Section 15 of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination under Section 2(b)(1)(B), and does not have the effect of adopting the Universal Declaration as U.S. law. STATEMENT BY THE PRESIDENT I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948, added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as only providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B) and not as giving the Universal Declaration the force of U.S. law. THE WHITE HOUSE, June 14, 2002. Preservation Copy - George W. Bush Handwriting STATEMENT BY THE PRESIDENT Final I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as only providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B) and not as giving the Universal Declaration the force of U.S. law. THE WHITE HOUSE, STATEMENT BY THE PRESIDENT I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948, added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as only providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B) and not as given the u universal declaration the force of U.S. law. giving THE WHITE HOUSE, STATEMENT BY THE PRESIDENT I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948,' 11 added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as only providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B) and not as given the Universal Declaration the force of U.S. law. THE WHITE HOUSE, STATEMENT BY THE PRESIDENT I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948, " added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 only of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination and doesnot as given the universal Declarators under section 2 (b) (1) (B) and does not have the effect of the force of U.S. law, adopt ing the Universal Declaration as U.S. law. 'Jim Jukes X Changes THE WHITE HOUSE, STATEMENT BY THE PRESIDENT had and I am today signing into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which trade helps advance U.S 1 policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which would impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B), and does not have the effect of adopting the Universal Declaration as U.S. law. THE WHITE HOUSE, STATEMENT BY THE PRESIDENT had ed I am today signing into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which trade helps advance U.S. 1 policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which would impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948, added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B), and does not have the effect of adopting the Universal Declaration as U.S. law. THE WHITE HOUSE, Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Memorandum Export-Import Bank Reauthorization Act of 2002 - To: POTUS - From: 4 06/13/2002 P5; Mitchell E. Daniels, Jr. This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF ATTACHMENT Other Provisions Contained in S. 1372 S. 1372 includes the following additional provisions: -- Amends the Inspector General Act of 1978 to establish an inspector general at the Bank. This position would be Presidentially appointed. -- Extends the sub-Saharan Africa Advisory Committee, which was established to facilitate U.S. exports to this region, from September 30, 2001, to September 30, 2006, and requires the Bank to consult with the Department of Commerce and the Trade Promotion Coordinating Committee on Africa activities. -- Requires the Bank to take into account the extent to which a nation has been helpful or unhelpful in efforts to eradicate terrorism before extending a guarantee, insurance, or credit. -- Requires loan recipients to disclose whether they have been convicted of violating the Foreign Corrupt Practices Act, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act. -- Authorizes the Bank to deny an application for assistance if the Bank has substantial, credible evidence that any party to the transaction has committed an act of fraud or corruption. -- Requires the General Accounting Office to report to Congress comparing the Bank's reserve ratio practices to those of private banks and foreign export credit agencies. -- Requires the Bank (1) to implement technology improvements designed to improve small business outreach, including allowing customers to use the Internet to apply for Bank programs, and (2) to establish an electronic system designed to track all pending Bank transactions. The Bank is to submit periodic reports to Congress on its technological progress and on how this is assisting small businesses. -- Requires that the President's Budget include new budget subcategories for the Bank, displaying program budget and administrative expenses, with technology expenses identified. -- Requires the Bank to promote the export of U.S. goods and services related to renewable energy sources and to report to Congress annually on such efforts. -- States that the Bank's objective, in providing loans, guarantees, insurance, and credits, is to contribute to maintaining or increasing employment of U.S. workers. STATEMENT BY THE PRESIDENT I am today signing into law S. 1372, the Export-Import Bank Reauthorization Act of This 2002. The legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The Executive branch shall carry out Section 7(b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10(a) and 10 (b)(2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related Executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary Executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Accordingly, the Executive branch shall construe these provisions as precatory rather than mandatory. The Executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to Section 2(b)(1)(B) of the Export-Import Bank Act by Section 15 of the bill, as providing examples of types of human rights that the President may wish to consider in making a determination under Section 2(b)(1)(B), and does not have the effect of adopting the Universal Declaration as U.S. law. Withdrawal Marker The George W. Bush Library FORM SUBJECT/TITLE PAGES DATE RESTRICTION(S) Worksheet [Tracking sheet for Presidential documents re: S. 1372] 1 06/22/2002 P5; This marker identifies the original location of the withdrawn item listed above. For a complete list of items withdrawn from this folder, see the Withdrawal/Redaction Sheet at the front of the folder. COLLECTION: Executive Clerk, Office Of the SERIES: Saunders, G. Timothy (Tim) - Bill Files FOLDER TITLE: 06/14/2002 [S. 1372] [771240] [2] FRC ID: 6359 OA Num.: 9466 NARA Num.: 9357 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advise between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(8) Release would disclose information concerning the regulation of 2201(3). financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information Deed of Gift Restrictions concerning wells [(b)(9) of the FOIA] A. Closed by Executive Order 13526 governing access to national security information. B. Closed by statute or by the agency which originated the document. C. Closed in accordance with restrictions contained in donor's deed of gift. This Document was withdrawn on 9/9/2013 by TDF THE WHITE HOUSE Office of the Press Secretary For Immediate Release June 14, 2002 STATEMENT BY THE PRESIDENT I have today signed into law S. 1372, the Export-Import Bank Reauthorization Act of 2002. This legislation will ensure the continued effective operation of the Export-Import Bank, which helps advance U.S. trade policy, facilitate the sale of U.S. goods and services abroad, and create jobs here at home. The executive branch shall carry out section 7 (b) of the bill, which relates to certain small businesses, in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution. Subsections 10 (a) and 10 (b) (2) of the bill purport to require the Secretary of the Treasury to negotiate with foreign countries and international organizations to achieve particular purposes and to require the Secretary to submit a report to congressional committees on the contents of negotiations and certain related executive deliberations. These provisions interfere with the President's constitutional authority to conduct the Nation's foreign affairs, supervise the unitary executive branch, and withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties. Accordingly, the executive branch shall construe these provisions as precatory rather than mandatory. The executive branch shall construe the reference to the "Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948," added to section 2 (b) (1) (B) of the Export-Import Bank Act by section 15 of the bill, as only providing examples of types of human rights that the President may wish to consider in making a determination under section 2 (b) (1) (B) and not as giving the Universal Declaration the force of U.S. law. GEORGE W. BUSH THE WHITE HOUSE, June 14, 2002. # # #