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S. 4781IntroducedSenate · nowHousePresidentLawIn committee
Sec. 10 · S. 4781

Limitation on eligibility for support

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Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a), as amended by section 9, is further amended by adding at the end the following: (p) Limitations on eligibility for support (1) In general Notwithstanding any other provision of this Act or any other Act, a covered entity is not eligible for financing or other support under this Act. (2) Definitions In this section: (A) Covered entity (i) In general The term covered entity means an entity in which a covered individual directly or indirectly holds a significant interest. (ii) Aggregation of securities For purposes of determining whether an entity is a covered entity for purposes of clause (i), if securities of the entity are owned, controlled, or held by 2 or more covered individuals who are related as described in subparagraph (B), such securities shall be aggregated. (B) Covered individual The term covered individual means— (i) the President; (ii) the Vice President; (iii) a Member of Congress; (iv) an individual appointed to a position in an agency (as defined in section 551 of title 5, United States Code) for which appointment is required to be made by the President; (v) a special Government employee, as defined in section 202 of title 18, United States Code, associated with the Executive Office of the President; (vi) a member of the Investment Committee established under subsection (n); and (vii) the spouse, child, son-in-law, or daughter-in-law of an individual described in any of clauses (i) through (vi). (C) De minimis interest The term de minimis interest means an equity interest in an entity that— (i) does not exceed the threshold specified in section 2640.202(a)(2) of title 5, Code of Federal Regulations (or a successor regulation); (ii) is purchased and owned as part of an Excepted Investment Fund or a mutual fund; or (iii) is purchased and owned as part of a widely diversified employee benefit plan or a pension established and maintained by a Federal, State, or local government. (D) Equity interest The term equity interest means— (i) a share in an entity, without regard to whether the share is— (I) transferable; or (II) classified as stock or anything similar; (ii) a capital or profit interest in a limited liability company or partnership; and (iii) a warrant or right (other than a right to convert) to purchase, sell, or subscribe to a share or interest described in clause (i) or (ii), respectively. (E) Excepted Investment Fund The term Excepted Investment Fund means a widely held investment fund described in section 13104(f)(8) of title 5, United States Code. (F) Significant interest The term significant interest, with respect to an entity, means owning, controlling, or holding any equity interest, other than a de minimis interest, in the entity..