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Ex-Im Bank Charter: Section 6

Sec. 6  Aggregate loan, guarantee, and insurance authority.

a.  Limitation on outstanding amounts.

Sec. 6(a)(1) In general.- The Export-Import Bank of the United States shall not have outstanding at any one time loans, guarantees, and insurance in an aggregate amount in excess of the applicable amount.

Sec. 6(a)(2) Applicable Amount.- In paragraph (1), the term “applicable amount” means--
(A) during fiscal year 2002, $80,000,000,000;
(B) during fiscal year 2003, $85,000,000,000;
(C) during fiscal year 2004, $90,000,000,000;
(D) during fiscal year 2005, $95,000,000,000; and
(E) during fiscal year 2006, and each fiscal year thereafter through fiscal year 2011, $100,000,000,000.

(3) Subject to Appropriations.- All spending and credit authority provided under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. 

b.  Presidential determination.

Sec. 6(b)(1)  In general.- Not later than March 31 of each fiscal year, the President of the United States shall determine whether the authority available to the Bank for such fiscal year will be sufficient to meet the Bank's needs, particularly those needs arising from--
(A)  increases in the level of exports unforeseen at the time of the original budget request for such fiscal year;
(B)  any increased foreign export credit subsidies; or
(C)  the lack of progress in negotiations to reduce or eliminate export credit subsidies.

Sec. 6(b)(2)  Report.- Not later than April 15 of each year, the President of the United States shall transmit to the Congress a report on such determination.
Sec. 6(b)(3)(A) Request for legislation.-  If the President of the United States finds that the amount of direct loan authority or guarantee authority available to the Bank for the fiscal year involved exceeds the amount which will be necessary to carry out the Bank's functions consistent with the availability of qualified applications and limitations imposed by law during such year, the President of the United States shall promptly transmit to the Congress a request for legislation to eliminate the amount of such excess direct loan, loan guarantee, or insurance authority.

Sec. 6(b)(3)(B) Continued availability of authority.- The Bank shall continue to make remaining amounts of its authority available for the fiscal year involved, in accordance with its practices and the requirements of this Act, unless otherwise directed pursuant to law.