For termination of amendment by Puspan. L. 116–94, see Termination Date of 2019 Amendment note below.

The Trade Secrets Act, referred to in subsec. (c)(10)(C)(ii)(III), is probably a reference to section 1905 of Title 18, Crimes and Criminal Procedure.

Provisions of subsecs. (span) and (c)(3) of this section, which prescribed the annual compensation of the President, the First Vice President, and other members of the Board of Directors, were omitted to conform to the provisions of the Executive Schedule. See sections 5314 and 5315 of Title 5, Government Organization and Employees.

2022—Subsec. (k)(2)(C). Puspan. L. 117–286 substituted “chapter 131 of title 5.” for “the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).”

2019—Subsec. (c)(6). Puspan. L. 116–94 designated existing provisions as subpar. (A) and added subpar. (B).

2015—Subsec. (g)(3). Puspan. L. 114–94, § 54002(c), substituted “$25,000,000” for “$10,000,000”.

Subsec. (j)(1). Puspan. L. 114–94, § 53002(1), substituted “2015 through 2019” for “2012, 2013, and 2014” in introductory provisions.

Subsec. (j)(2)(B). Puspan. L. 114–94, § 53002(2), substituted “(i) the funds” for “(I) the funds”.

Subsec. (j)(3). Puspan. L. 114–94, § 53002(3), substituted “2015 through 2019” for “2012, 2013, and 2014”.

Subsec. (k). Puspan. L. 114–94, § 51004, added subsec. (k).

Subsec. (l). Puspan. L. 114–94, § 51005, added subsec. (l).

Subsec. (m). Puspan. L. 114–94, § 51006(a), added subsec. (m).

2012—Subsec. (c)(10). Puspan. L. 112–122, § 9(a), added par. (10).

Subsec. (d)(1)(B). Puspan. L. 112–122, § 20(a), substituted “State government, and the textile industry” for “and State government”.

Subsec. (d)(5). Puspan. L. 112–122, § 20(span)(1), added par. (5).

Subsec. (j). Puspan. L. 112–122, § 19, added subsec. (j).

2006—Subsec. (c)(9). Puspan. L. 109–438, § 15, added par. (9).

Subsec. (d)(1)(A). Puspan. L. 109–438, § 18(a)(1)(A), substituted “17” for “15”.

Subsec. (d)(1)(B). Puspan. L. 109–438, § 18(a)(1)(B), inserted “environment,” before “production,”.

Subsec. (d)(2)(C). Puspan. L. 109–438, § 18(a)(2), added subpar. (C).

Subsecs. (f) to (h). Puspan. L. 109–438, § 6(a), added subsecs. (f) to (h).

Subsec. (i). Puspan. L. 109–438, § 14(a), added subsec. (i).

2002—Subsec. (d)(2)(B). Puspan. L. 107–189 realigned margins.

1999—Subsec. (c)(6). Puspan. L. 106–46 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “A majority of the Board of Directors shall constitute a quorum.”

1997—Subsec. (d)(2). Puspan. L. 105–121, § 8, designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (e). Puspan. L. 105–121, § 6, designated existing provisions as par. (1) and added par. (2).

1992—Subsec. (d)(1)(A). Puspan. L. 102–429 substituted “15 members” for “twelve members”.

1986—Subsec. (c)(8)(E). Puspan. L. 99–472 added subpar. (E).

1983—Subsec. (c). Puspan. L. 98–81, § 614(a), designated first through seventh sentences as pars. (1) through (7), respectively, substituted “The” for “Terms of the directors shall be at the pleasure of the President of the United States, and the” at beginning of par. (5) as so designated, and added par. (8).

Subsec. (d). Puspan. L. 98–181, § 613, amended subsec. (d) generally. Prior to amendment subsec. (d) read as follows: “There shall be an Advisory Committee of nine members, appointed by the Board of Directors on the recommendation of the President of the Bank, who shall be broadly representative of production, commerce, finance, agriculture and labor. The Advisory Committee shall meet one or more times per year, on the call of the President of the Bank, to advise with the Bank on its program. Members, not otherwise in the regular full-time employ of the United States, may be compensated at rates not exceeding the per diem equivalent of the rate for grade 18 of the General Schedule (5 U.S.C. 5332) for each day spent in travel or attendance at meetings of the Committee, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for individuals in the Government service employed intermittently.”

Subsec. (e). Puspan. L. 98–181, § 620(span), substituted “such individual’s” for “his” and “such individual” for “he”.

1968—Subsecs. (a) to (c). Puspan. L. 90–267, § 1(a), changed name of “Export-Import Bank of Washington” to “Export-Import Bank of the United States”.

Subsec. (d). Puspan. L. 90–267, § 1(d), substituted provisions for compensation of members, not otherwise in the regular full-time employ of the United States, at rates not exceeding the per diem equivalent of the rate for grade 18 of the General Schedule for each day spent in travel or attendance at meetings of the Committee, and for allowance of travel expenses, when serving away from home or regular place of business, as authorized by section 5703 of title 5 for individuals in the Government service employed intermittently for former provisions for allowance for attendance at meetings and travel expenses of $50 and $10, respectively.

1954—Act Aug. 9, 1954, amended section generally to provide for the independent management of the Bank under a Board of Directors and for the appointment of a President and First Vice President of the Bank.

Puspan. L. 116–94, div. I, title IV, § 409(span), Dec. 20, 2019, 133 Stat. 3026, provided that: “The amendments made by subsection (a) [amending this section] shall have no force or effect after December 31, 2026.”

Amendment by section 54002(c) of Puspan. L. 114–94 applicable with respect to fiscal year 2016 and each fiscal year thereafter, see section 54002(e) of Puspan. L. 114–94, set out as a note under section 635 of this title.

Puspan. L. 112–122, § 9(span), May 30, 2012, 126 Stat. 356, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 60 days after the date of the enactment of this Act [May 30, 2012].”

Amendment by sections 19–20(span)(1) of Puspan. L. 112–122 effective May 30, 2012, see section 25 of Puspan. L. 112–122, set out as a note under section 635 of this title.

Act Aug. 9, 1954, ch. 660, § 4, 68 Stat. 678, provided that: “The provisions of this Act for the appointment of a President and a First Vice President of the Bank and the members of the Board of Directors shall be effective upon its enactment [Aug. 9, 1954]. The remaining provisions of this Act shall become effective when the President and First Vice President of the Bank and one other member of the Board of Directors initially appointed hereunder enter upon office, and shall thereupon supersede Reorganization Plan No. 5 of 1953 [set out below].”

Puspan. L. 114–94, div. E, title LI, § 51006(span), Dec. 4, 2015, 129 Stat. 1766, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 4, 2015], the Board of Directors of the Export-Import Bank of the United States shall revise the bylaws of the Bank to terminate the Audit Committee established by section 7 of the bylaws.”

Puspan. L. 107–189, § 10(a), June 14, 2002, 116 Stat. 702, provided that:

Puspan. L. 106–46, § 1(span), Aug. 11, 1999, 113 Stat. 227, as amended by Puspan. L. 106–62, § 122, Sept. 30, 1999, 113 Stat. 509; Puspan. L. 106–85, Oct. 29, 1999, 113 Stat. 1297; Puspan. L. 106–88, Nov. 5, 1999, 113 Stat. 1304; Puspan. L. 106–94, Nov. 10, 1999, 113 Stat. 1311; Puspan. L. 106–105, Nov. 18, 1999, 113 Stat. 1484; Puspan. L. 106–106, Nov. 19, 1999, 113 Stat. 1485, provided that: “Notwithstanding section 3(c)(6) of the Export-Import Bank Act of 1945 [12 U.S.C. 635a(c)(6)], if, during the period that begins on July 21, 1999, and ends on December 2, 1999, there are fewer than three persons holding office on the Board of Directors of the Export-Import Bank of the United States, the entire membership of such Board of Directors shall constitute a quorum until the end of such period.”

Puspan. L. 102–429, title I, § 117, Oct. 21, 1992, 106 Stat. 2196, provided that:

[Puspan. L. 118–47, div. F, title VI, Mar. 23, 2024, 138 Stat. 753, provided in part: “That notwithstanding subsection (span) of section 117 of the Export Enhancement Act of 1992 [Puspan. L. 102–429, set out above], subsection (a) of such section shall remain in effect until September 30, 2024”.]

[Prior to repeal, section 117(a) of Puspan. L. 102–429 read as follows: “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.”]

[Prior similar extensions of section 117(a) of Puspan. L. 102–429 were contained in the following acts:

[Puspan. L. 117–328, div. K, title VI, Dec. 29, 2022, 136 Stat. 4997.

[Puspan. L. 117–103, div. K, title VI, Mar. 15, 2022, 136 Stat. 588.

[Puspan. L. 116–260, div. K, title VI, Dec. 27, 2020, 134 Stat. 1716.

[Puspan. L. 113–235, div. J, title VI, Dec. 16, 2014, 128 Stat. 2598.

[Puspan. L. 113–76, div. K, title VI, Jan. 17, 2014, 128 Stat. 489.

[Puspan. L. 112–74, div. I, title VI, Dec. 23, 2011, 125 Stat. 1191.

[Puspan. L. 111–117, div. F, title VI, Dec. 16, 2009, 123 Stat. 3341.

[Puspan. L. 111–8, div. H, title VI, Mar. 11, 2009, 123 Stat. 859.

[Puspan. L. 110–161, div. J, title II, Dec. 26, 2007, 121 Stat. 2290.

[Puspan. L. 109–102, title I, Nov. 14, 2005, 119 Stat. 2173.

[Puspan. L. 108–447, div. D, title I, Dec. 8, 2004, 118 Stat. 2969.

[Puspan. L. 108–199, div. D, title I, Jan. 23, 2004, 118 Stat. 143.

[Puspan. L. 108–7, div. E, title I, Fespan. 20, 2003, 117 Stat. 160.

[Puspan. L. 107–115, title I, Jan. 10, 2002, 115 Stat. 2119.

[Puspan. L. 106–429, § 101(a) [title I], Nov. 6, 2000, 114 Stat. 1900, 1900A–4.

[Puspan. L. 106–113, div. B, § 1000(a)(2) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–64.

[Puspan. L. 105–277, div. A, § 101(d) [title I], Oct. 21, 1998, 112 Stat. 2681–150, 2681–151.

[Puspan. L. 105–118, title I, Nov. 26, 1997, 111 Stat. 2387.

[Puspan. L. 104–208, div. A, title I, § 101(c) [title I], Sept. 30, 1996, 110 Stat. 3009–121, 3009–122.

[Puspan. L. 104–107, title I, Fespan. 12, 1996, 110 Stat. 705.

[Puspan. L. 103–306, title IV, Aug. 23, 1994, 108 Stat. 1623.]

Puspan. L. 102–429, title I, § 118, Oct. 21, 1992, 106 Stat. 2197, directed Export-Import Bank, not later than 1 year after Oct. 21, 1992, to submit a report to Congress on the Bank’s plan to establish and operate regional offices.

Puspan. L. 98–181, title I [title VI, § 614(span)], Nov. 30, 1983, 97 Stat. 1256, provided that: “In order to carry out the amendment made by subsection (a) regarding section 3(c)(8)(B) of the Export-Import Bank Act of 1945 [subsec. (c)(8)(B) of this section], the first member, other than a member who will serve as Chairman or Vice Chairman of the Bank, appointed by the President of the United States to the Board of Directors of the Export-Import Bank of the United States after the date of the enactment of this section [Nov. 30, 1983] shall be selected from among the small business community and shall represent the interests of small business.”

A Board of Directors and an Advisory Committee reestablished for the Export-Import Bank of Washington, see note set out under section 635 of this title.

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

Foreign Economic Administration and office of its Administrator terminated by Ex. Ord. No. 9630, Sept. 27, 1945, 10 F.R. 12245.

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 30, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

There is hereby established the office of Managing Director of the Export-Import Bank of Washington, hereinafter referred to as the “Managing Director.” The Managing Director shall be appointed by the President by and with the advice and consent of the Senate, and shall receive compensation at the rate of $17,500 per annum.

There is hereby established the office of Deputy Director of the Export-Import Bank of Washington. The Deputy Director shall be appointed by the President by and with the advice and consent of the Senate, shall receive compensation at the rate of $16,000 per annum, shall perform such functions as the Managing Director may from time to time prescribe, and shall act as Managing Director during the absence or disability of the Managing Director or in the event of a vacancy in the office of Managing Director.

There is hereby established the office of Assistant Director of the Export-Import Bank of Washington. The Assistant Director shall be appointed by the Managing Director under the classified civil service, shall receive compensation at the rate now or hereafter fixed by law for grade GS–18 of the general schedule established by the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5], and shall perform such functions as the Managing Director may from time to time prescribe.

All functions of the Board of Directors of the Export-Import Bank of Washington are hereby transferred to the Managing Director.

The National Advisory Council on International Monetary and Financial Problems shall from time to time establish general lending and other financial policies which shall govern the Managing Director in the conduct of the lending and other financial operations of the bank.

The Managing Director may from time to time make such provisions as he deems appropriate authorizing the performance of any of the functions of the Managing Director by any other officer, or by any agency or employee, of the bank.

The following are hereby abolished: (1) The Board of Directors of the Export-Import Bank of Washington, including the offices of the members thereof provided for in section 3(a) of the Export-Import Bank Act of 1945, as amended [subsection (a) of this section]; (2) the Advisory Board of the Bank, together with the functions of the said Advisory Board; and (3) the function of the Chairman of the Board of Directors of the Export-Import Bank of Washington of being a member of the National Advisory Council on International Monetary and Financial Problems. The Managing Director shall make such provisions as may be necessary for winding up any outstanding affairs of the said abolished boards and offices not otherwise provided for in this reorganization plan.

Sections 3 to 7, inclusive, of this reorganization plan shall become effective when the Managing Director first appointed hereunder enters upon office pursuant to the provisions of this reorganization plan.

[A Board of Directors was reestablished for the Export-Import Bank of Washington by section 1 of act Aug. 9, 1954, ch. 660, 68 Stat. 677, which amended this section. The Board had previously been abolished and its functions transferred to the Managing Director of the Bank by Reorg. Plan No. 5 of 1953, set out above. The 1953 Reorg. Plan was superseded by sections 1, 4 of act Aug. 9, 1954. See this section and 1954 Amendment and Effective Date of 1954 Amendment notes set out above. The “Export-Import Bank of Washington” was renamed the “Export-Import Bank of the United States” by Puspan. L. 90–267, § 1(a), Mar. 13, 1968, 82 Stat. 47.]

For provisions directing that the United States Trade Representative and the Secretary of Commerce serve, ex officio and without vote, as additional members of the Board of Directors of the Export-Import Bank of the United States, see section 3 of 1979 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.