I 

116TH CONGRESS 

2D SESSION H. R. 8163 

To limit support for deals with Chinese state-owned enterprises, to increase 

the set-aside goal for the Program on China and Transformational Exports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 4, 2020 

Mr. BARR introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To limit support for deals with Chinese state-owned enterprises, to increase the set-aside goal for the Program 

on China and Transformational Exports, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Countering China 

5 Through American Export Competitiveness Act’’. 


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1 SEC. 2. LIMITATION ON SUPPORT FOR DEALS WITH CHI2 NESE STATE-OWNED ENTERPRISES. 

3 Section 408 of division I of the Further Consolidated 

4 Appropriations Act, 2020 (12 U.S.C. 635 note; Public 

5 Law 116–94) is amended to read as follows: 

6 ‘‘SEC. 408. LIMITATION ON SUPPORT FOR DEALS WITH CHI7 NESE STATE-OWNED ENTERPRISES. 

8 ‘‘(a) IN GENERAL.—The Export-Import Bank of the 

9 United States (in this section referred to as the ‘Bank’) 

10 shall not guarantee, insure, or extend (or participate in 

11 the extension of) credit for which the end user, lender, 

12 or obligor is the government of the People’s Republic of 

13 China, except that the Bank may provide a working cap14 ital guarantee or export credit insurance to a United 

15 States exporter. In the case of such a transaction that in16 volves an amount greater than or equal to $25,000,000, 

17 the Bank may provide a working capital guarantee or ex18 port credit insurance to a United States exporter with re19 spect to such an export if the Bank obtains from the 

20 President of the United States, who may consult with the 

21 Secretary of State, the Secretary of the Treasury, the Sec22 retary of Commerce, the Secretary of Defense, the United 

23 States Trade Representative, and the heads of other inter24 ested Executive agencies, a determination that the provi25 sion of the guarantee or insurance would not violate the 

26 national security interests of the United States. 


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1 ‘‘(b) NATIONAL INTEREST REPORT.— 

2 ‘‘(1) IN GENERAL.—Before providing a working 

3 capital guarantee or export credit insurance to a 

4 United States exporter in a transaction involving an 

5 amount equal to or greater than $25,000,000, pur6 suant to subsection (a), the President of the Bank 

7 shall— 

8 ‘‘(A) report to the Committee on Financial 

9 Services of the House of Representatives and 

10 the Committee on Banking, Housing, and 

11 Urban Affairs of the Senate that the Bank has 

12 obtained from the President of the United 

13 States and any other relevant department or 

14 agency, as deemed appropriate by the President 

15 of the United States, a determination that the 

16 provision of the guarantee or insurance would 

17 not violate the national security interests of the 

18 United States; 

19 ‘‘(B) include a verification from the Bank 

20 that the transaction does not violate any export 

21 law of the United States; and 

22 ‘‘(C) include a summary of the transaction 

23 and the consultation. 


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1 ‘‘(2) FORM.—The report described in para2 graph (1) shall be submitted in unclassified form but 

3 may include a classified annex. 

4 ‘‘(c) DEFINITION OF GOVERNMENT OF THE PEO5 PLE’S REPUBLIC OF CHINA.—In this section, the term 

6 ‘government of the People’s Republic of China’ means any 

7 person that the Bank has reason to believe is— 

8 ‘‘(1) the state and the government of the Peo9 ple’s Republic of China, including any political sub10 division, agency, or instrumentality thereof; 

11 ‘‘(2) any entity controlled, directly or indirectly, 

12 by any of the foregoing, including any partnership, 

13 association, or other entity in which any of the fore14 going owns a 50 percent or greater interest or a con15 trolling interest, and any entity which is otherwise 

16 controlled by any of the foregoing; 

17 ‘‘(3) any person that is or has been acting or 

18 purporting to act, directly or indirectly, for or on be19 half of any of the foregoing; and 

20 ‘‘(4) any other person that the Secretary of the 

21 Treasury has notified the Bank is included in any of 

22 the foregoing.’’. 


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1 SEC. 3. INCREASE IN RESERVE GOAL FOR THE PROGRAM 

2 ON CHINA AND TRANSFORMATIONAL EX3 PORTS. 

4 Section 2(l)(3) of the Export-Import Bank Act of 

5 1945 (12 U.S.C. 635(l)(3)) is amended in each of sub6 paragraphs (A) and (B) by striking ‘‘20’’ and inserting 

7 ‘‘33’’. 

8 SEC. 4. SUSPENSION OF LOAN AUTHORITY UNDER THE 

9 PROGRAM ON CHINA AND TRANS10 FORMATIONAL EXPORTS WHILE DEFAULT 

11 RATE IS EXCESSIVE. 

12 (a) IN GENERAL.—Section 2(l) of the Export-Import 

13 Bank Act of 1945 (12 U.S.C. 635(l)) is amended by add14 ing at the end the following: 

15 ‘‘(4) FREEZING OF LOANS UNDER THE PRO16 GRAM ON CHINA AND TRANSFORMATIONAL EXPORTS

17 IF DEFAULT RATE FOR LOANS UNDER THAT PRO18 GRAM IS 5 PERCENT OR MORE.—If the rate cal19 culated under section 8(g)(1) with respect to loans 

20 under section 2(l) is 5 percent or more for a quar21 ter, the Bank may not exceed the amount of loans 

22 under such section that are outstanding on the last 

23 day of that quarter until the rate calculated under 

24 section 8(g)(1) with respect to loans under such sec25 tion is less than 5 percent.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 6(a)(3) of 

2 such Act (12 U.S.C. 635e(a)(3)) is amended by adding 

3 at the end the following: ‘‘If the rate calculated under sec4 tion 8(g)(1) with respect to loans under section 2(l) is 2 

5 percent or more for a quarter, then loans under section 

6 2(l) shall not be taken into account for the quarter for 

7 purposes of this paragraph.’’. 

8 SEC. 5. ADVISORY COMMITTEE FOR PROGRAM ON CHINA 

9 AND TRANSFORMATIONAL EXPORTS. 

10 (a) IN GENERAL.—Section 2(b) of the Export-Import 

11 Bank Act of 1945 (12 U.S.C. 635(b)) is amended by in12 serting after paragraph (12) the following: 

13 ‘‘(14)(A) The Board of Directors of the Bank shall 

14 take prompt measures, consistent with the credit stand15 ards otherwise required by law, to promote the expansion 

16 of the financial commitments of the Bank in accordance 

17 with the Program on China and Transformational Exports 

18 under the loan, guarantee, and insurance programs of the 

19 Bank. 

20 ‘‘(B)(i) The Board of Directors shall establish and 

21 use an advisory committee to advise the Board of Direc22 tors on the development and implementation of policies 

23 and programs designed to support the expansion described 

24 in subparagraph (A). 


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1 ‘‘(ii) At least 1 member of the advisory committee 

2 shall be a member of the U.S.-China Economic and Secu3 rity Review Commission. 

4 ‘‘(iii) The advisory committee shall make rec5 ommendations to the Board of Directors on how the Bank 

6 can facilitate greater support by United States commercial 

7 banks for trade in accordance with the Program on China 

8 and Transformational Exports. 

9 ‘‘(iv) The advisory committee shall terminate on the 

10 date on which the authority of the Bank expires under 

11 section 7.’’. 

12 (b) REPORTS TO THE CONGRESS.—Within 6 months 

13 after the date of the enactment of this Act, and annually 

14 thereafter, the Board of Directors of the Export-Import 

15 Bank of the United States shall submit to the Congress 

16 a report on the steps that the Board has taken to imple17 ment section 2(b)(14)(B) of the Export-Import Bank Act 

18 of 1945 (as added by subsection (a) of this section) and 

19 any recommendations of the advisory committee estab20 lished pursuant to such section 2(b)(14)(B). 


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1 SEC. 6. WAIVER OF DOMESTIC CONTENT REQUIREMENTS 

2 FOR CERTAIN TRANSACTIONS SUBJECT TO 

3 THE PROGRAM ON CHINA AND TRANS4 FORMATIONAL EXPORTS. 

5 Section 2(l) of the Export-Import Bank Act of 1945 

6 (12 U.S.C. 635(l)), as amended by section 4(a) of this 

7 Act, is amended by adding at the end the following: 

8 ‘‘(5) WAIVER OF DOMESTIC CONTENT REQUIRE9 MENTS.— 

10 ‘‘(A) IN GENERAL.—The Bank may waive 

11 some or all of the domestic content require12 ments that would otherwise apply to a trans13 action described in paragraph (1)(B), if the 

14 Bank determines that doing so would be in the 

15 national security interest of the United States, 

16 and shall establish a process for requesting 

17 such a waiver. 

18 ‘‘(B) REPORTS TO THE CONGRESS.—Not 

19 less frequently than twice each year, the Bank 

20 shall submit to the Committee on Financial 

21 Services of the House of Representatives and 

22 the Committee on Banking, Housing, and 

23 Urban Affairs of the Senate a report specifying 

24 the transactions for which a waiver is provided 


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1 under subparagraph (A) during the period cov2 ered by the report.’’. 

Æ 


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