IB 

Union Calendar No. 129 

112TH CONGRESS 

1ST SESSION H. R. 2072 

[Report No. 112–201] 

To reauthorize the Export-Import Bank of the United States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2011 

Mr. GARY G. MILLER of California (for himself, Mr. BACHUS, Mr. FRANK of 

Massachusetts, and Mrs. MCCARTHY of New York) introduced the following bill; which was referred to the Committee on Financial Services 

SEPTEMBER 8, 2011 

Additional sponsors: Mr. DOLD, Mrs. BIGGERT, Mr. MANZULLO, Mr. DAVID

SCOTT of Georgia, Ms. MOORE, and Mr. HINOJOSA

SEPTEMBER 8, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 1, 2011] 


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A BILL 

To reauthorize the Export-Import Bank of the United States, 

and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Se5 curing American Jobs Through Exports Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; statement of purpose. 

Sec. 3. Extension of authority. 

Sec. 4. Limitations on outstanding loans, guarantees, and insurance. 

Sec. 5. Content guidelines for the provision of bank financing. 

Sec. 6. Improvement of method for calculating the effects of Bank financing on 

job creation and maintenance in the United States. 

Sec. 7. Biennial audits of Bank transactions. 

Sec. 8. Use of portion of Bank surplus to update information technology systems. 

Sec. 9. Monitoring of default rates on Bank financing; reports on default rates. 

Sec. 10. Sense of the Congress regarding Bank accountability. 

Sec. 11. Sub-saharan africa advisory committee. 

Sec. 12. Extension of authority to provide financing for the export of nonlethal 

defense articles or services the primary end use of which will be 

for civilian purposes. 

Sec. 13. Elimination of obsolete provisions. 

Sec. 14. Examination of bank support for small business. 

Sec. 15. Categorization of purpose of loans and long-term guarantees in annual 

report. 

Sec. 16. Disclosure requirement for board meetings. 

Sec. 17. Modifications relating to the advisory committee. 

Sec. 18. Financing for goods manufactured in the United States used in global 

textile and apparel supply chains. 

Sec. 19. Prohibition on Bank assistance for project to be participated in by an 

entity that has recently engaged in certain prohibited activities 

with respect to Iran. 

Sec. 20. Effective date. 

8 SEC. 2. FINDINGS; STATEMENT OF PURPOSE. 

9 (a) FINDINGS.—The Congress finds as follows: 

10 (1) Export sales by United States companies are 

11 critical to national economic growth. 


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1 (2) Increased demand for United States exports 

2 in emerging markets will help small and large com3 panies maintain and create United States jobs. 

4 (3) The Export-Import Bank contributes to a 

5 stronger national economy by financing the export of 

6 United States goods and services in markets where 

7 private capital is limited or unavailable. 

8 (4) The Export-Import Bank of the United 

9 States does not compete with private sector lenders. 

10 (5) The Export-Import Bank of the United 

11 States helps finance United States exports to 183 

12 countries. 

13 (6) A large percentage of global growth will be 

14 centered in markets served by the Export-Import 

15 Bank of the United States, and the Bank will be crit16 ical to helping United States companies compete for 

17 these opportunities. 

18 (7) Through its support for exports, in fiscal 

19 year 2010 the Export-Import Bank of the United 

20 States supported 227,000 American jobs at over 3,300 

21 companies. 

22 (8) The Export-Import Bank of the United 

23 States helps to level the playing field for United 

24 States exporters by matching the financing that other 

25 governments provide to their exporters. 


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1 (9) All the leading exporting nations have offi2 cial export credit agencies that are used actively to 

3 support their exporters. 

4 (10) Through its insurance, loan, and loan guar5 antee products, the Export-Import Bank of the United 

6 States supports the promotion and maintenance of 

7 high levels of employment and real income and in8 creased development of the productive resources of the 

9 United States. 

10 (11) The Export-Import Bank of the United 

11 States requires reasonable assurance of repayment for 

12 the transactions it authorizes, and the Bank closely 

13 monitors credit and other risks in its portfolio. The 

14 Bank prices transactions based on its risk assessment 

15 of the buyers. 

16 (12) Since 1934, the net loss rate for all long-, 

17 medium-, and short-term loans made by the Export18 Import Bank of the United States is 1.5 percent. 

19 (13) The Export-Import Bank of the United 

20 States has been a self-sustaining institution since fis21 cal year 2008, and surpluses of the Bank are remitted 

22 to the United States Treasury. From fiscal years 2008 

23 through 2010, the Bank generated a surplus of 

24 $551,000,000. 


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1 (14) In fiscal year 2010, the Export-Import 

2 Bank of the United States provided a record 

3 $5,000,000,000 directly supporting United States 

4 small business exporters through 3,091 transactions, 

5 representing 20 percent of the total value of the 

6 Bank’s authorizations and nearly 88 percent of the 

7 total number of the Bank’s authorizations. 

8 (b) STATEMENT OF PURPOSE.—The purpose of this 

9 Act is to reauthorize the activities and operations of the 

10 Export-Import Bank of the United States to ensure that 

11 the Bank provides financing, when commercial banks are 

12 unable or unwilling to do so, competitive with the financing 

13 provided by foreign export credit agencies, in order to en14 able United States companies to contribute to a stronger 

15 national economy by maintaining or increasing the em16 ployment of workers in the United States through the export 

17 of goods and services. 

18 SEC. 3. EXTENSION OF AUTHORITY. 

19 Section 7 of the Export-Import Bank Act of 1945 (12 

20 U.S.C. 635f) is amended by striking ‘‘2011’’ and inserting 

21 ‘‘2015’’. 

22 SEC. 4. LIMITATIONS ON OUTSTANDING LOANS, GUARAN23 TEES, AND INSURANCE. 

24 Section 6(a)(2) of the Export-Import Bank Act of 1945 

25 (12 U.S.C. 635e(a)(2)) is amended— 


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1 (1) in subparagraph (D), by striking ‘‘and’’; 

2 (2) in subparagraph (E), by striking the comma 

3 at the end and inserting a semicolon; and 

4 (3) by adding at the end the following: 

5 ‘‘(F) during fiscal year 2012, 

6 $120,000,000,000; 

7 ‘‘(G) during fiscal year 2013, 

8 $140,000,000,000; and 

9 ‘‘(H) during fiscal year 2014 and each fis10 cal year thereafter, $160,000,000,000.’’. 

11 SEC. 5. CONTENT GUIDELINES FOR THE PROVISION OF 

12 BANK FINANCING. 

13 Section 2 of the Export-Import Bank Act of 1945 (12 

14 U.S.C. 635) is amended by adding at the end the following: 

15 ‘‘(i) CONTENT GUIDELINES FOR THE PROVISION OF

16 FINANCING.— 

17 ‘‘(1) IN GENERAL.—The Bank shall, after notice 

18 and comment and Board approval, establish clear 

19 and comprehensive guidelines with respect to the con20 tent of the goods and services involved in a trans21 action for which the Bank will provide financing, 

22 which shall be aimed at ensuring that the Bank en23 ables companies with operations in the United States 

24 to maintain and create jobs in the United States and 


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1 contribute to a stronger national economy through the 

2 export of their goods and services. 

3 ‘‘(2) REQUIRED CONSIDERATIONS.—In estab4 lishing the guidelines, the Bank shall take into ac5 count such considerations as the Bank deems relevant 

6 to meet the purposes described in paragraph (1), in7 cluding the following: 

8 ‘‘(A) The needs of different industry sectors 

9 to obtain financing from the Bank for exporting 

10 their products or services in order to create and 

11 maintain jobs in the United States. 

12 ‘‘(B) The ability of companies with oper13 ations in the United States to compete effectively 

14 for export opportunities that will create and 

15 maintain jobs in the United States, particularly 

16 with respect to the Bank’s content requirements 

17 and co-financing arrangements. 

18 ‘‘(C) The totality of support, including fi19 nancing and subsidies, extended by export credit 

20 agencies to support the exports of goods and serv21 ices, as well as key differences in, types of trade22 offs among, and national trade promotion strate23 gies of OECD member countries and of non24 OECD member countries. 


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1 ‘‘(D) Recommendations from the advisory 

2 committee established under section 3(d), includ3 ing any dissenting views. 

4 ‘‘(E) Any findings or recommendations of 

5 the Government Accountability Office pertaining 

6 to the ability of the Bank to provide financing 

7 that is competitive with the financing provided 

8 by foreign export credit agencies, to enable com9 panies with operations in the United States to 

10 contribute to a stronger United States economy 

11 by maintaining or increasing the employment of 

12 workers in the United States through the export 

13 of goods and services. 

14 ‘‘(F) The effects of the guidelines on the 

15 manufacturing workforce and service workforce 

16 of the United States. 

17 ‘‘(G) The effect of changes to current Bank 

18 content requirements on the incentive for compa19 nies to create and maintain operations in the 

20 United States in order to increase the employ21 ment of workers in the United States. 

22 ‘‘(3) SEPARATE GUIDELINES.— 

23 ‘‘(A) The Bank may establish separate 

24 guidelines under this subsection for services and 

25 for goods. 


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1 ‘‘(B) The Bank may establish separate 

2 guidelines under this subsection for small busi3 ness concerns (as defined in section 3(a) of the 

4 Small Business Act). 

5 ‘‘(C) The Bank may continue separate 

6 guidelines under this subsection with respect to 

7 different terms and products. 

8 ‘‘(4) CERTIFICATION THAT DOMESTIC CONTENT

9 HAS NOT BEEN REDUCED BECAUSE OF THE GUIDE10 LINES.—In determining whether to provide financing 

11 for a proposed transaction, the exporter shall certify 

12 that the domestic content of a good has not been re13 duced solely as a result of the guidelines. 

14 ‘‘(5) PROCEDURAL PROVISIONS.—Within 60 days 

15 after the date of the enactment of this Act, the Bank 

16 shall publish a notice with respect to the issuance or 

17 modification of guidelines under this subsection. 

18 Within 60 days after the end of the public comment 

19 period otherwise required by law with respect to the 

20 issuance or modification of the guidelines, the Bank 

21 shall submit to the Congress, for its review, the guide22 lines in proposed final form. At the end of the 60-day 

23 period that begins with the date the proposed final 

24 guidelines are so submitted, the proposed final guide25 lines shall be considered a final agency action for all 


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1 purposes and shall take effect and be implemented im2 mediately. 

3 ‘‘(6) TERM.—Every 2 years, the Bank shall re4 view and, as appropriate, modify the guidelines, sub5 ject to paragraph (5). 

6 ‘‘(7) REPORT TO CONGRESS.—Within 1 year 

7 after the implementation of new or modified guide8 lines under this subsection, the Inspector General of 

9 the Bank shall submit to the Congress a report evalu10 ating the guidelines, which shall include— 

11 ‘‘(A) a discussion of the considerations re12 quired to be taken into account in establishing 

13 the guidelines, a comparison of how the guide14 lines reflect each consideration, and a descrip15 tion of the extent to which the guidelines enabled 

16 companies with operations in the United States 

17 who submitted an application for financing from 

18 the Bank to maintain and create jobs in the 

19 United States and contribute to a stronger na20 tional economy through the export of their goods 

21 and services; 

22 ‘‘(B) a description of the effect of the guide23 lines on the number of domestic jobs to be sup24 ported, the kinds of domestic jobs to be sup25 ported, including their duration and geographic 


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1 location, and the existence and nature of any 

2 transfers of technology or production; and 

3 ‘‘(C) recommendations for how the guide4 lines could be modified to better facilitate exports 

5 of goods and services from the United States in 

6 order to maintain and create jobs in the United 

7 States and contribute to a stronger national 

8 economy.’’. 

9 SEC. 6. IMPROVEMENT OF METHOD FOR CALCULATING THE 

10 EFFECTS OF BANK FINANCING ON JOB CRE11 ATION AND MAINTENANCE IN THE UNITED 

12 STATES. 

13 (a) GAO STUDY.—The Comptroller General of the 

14 United States shall conduct a study to analyze the method15 ology used by the Export-Import Bank of the United States 

16 (in this section referred to as the ‘‘Bank’’) to calculate the 

17 effects of the provision of financing by the Bank on the cre18 ation and maintenance of employment in the United States, 

19 determine whether there is a more accurate methodology for 

20 calculating the effects, and if so, make recommendations 

21 with respect to the use of such a methodology. 

22 (b) REPORT.—Within 6 months after the date of the 

23 enactment of this Act, the Comptroller General shall submit 

24 to the Congress and the Bank the results of the study re25 quired by subsection (a). 


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1 (c) IMPLEMENTATION OF RECOMMENDATIONS.—If the 

2 report submitted pursuant to subsection (b) includes rec3 ommendations, the Bank may establish a more accurate 

4 methodology of the kind described in subsection (a) based 

5 on the recommendations. 

6 SEC. 7. BIENNIAL AUDITS OF BANK TRANSACTIONS. 

7 Section 2 of the Export-Import Bank Act of 1945 (12 

8 U.S.C. 635), as amended by section 5 of this Act, is amend9 ed by adding at the end the following: 

10 ‘‘(j) AUDITS OF BANK TRANSACTIONS.—Every 2 years, 

11 the Comptroller General of the United States, in consulta12 tion with Inspector General of the Bank, shall audit a rep13 resentative sample of Bank transactions to ensure that 

14 Bank underwriting, policies, due diligence, and content 

15 guidelines are met by applicants who receive Bank sup16 port.’’. 

17 SEC. 8. USE OF PORTION OF BANK SURPLUS TO UPDATE IN18 FORMATION TECHNOLOGY SYSTEMS. 

19 Section 3 of the Export-Import Bank Act of 1945 (12 

20 U.S.C. 635a) is amended by adding at the end the fol21 lowing: 

22 ‘‘(j) AUTHORITY TO USE PORTION OF BANK SURPLUS

23 TO UPDATE INFORMATION TECHNOLOGY SYSTEMS.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraphs (3) 

25 and (4), the Bank may use an amount equal to 1.25 


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1 percent of the surplus of the Bank during each fiscal 

2 year to— 

3 ‘‘(A) seek to remedy any of the operational 

4 weakness and risk management vulnerabilities of 

5 the Bank which are the result of the information 

6 technology system of the Bank; 

7 ‘‘(B) remedy data fragmentation, enhance 

8 information flow throughout the Bank, and man9 age data across the Bank; and 

10 ‘‘(C) enhance the operational capacity and 

11 risk management capabilities of the Bank to bet12 ter enable the Bank to increase exports and grow 

13 jobs while protecting the taxpayer. 

14 ‘‘(2) SURPLUS.—In paragraph (1), the term 

15 ‘surplus’ means the amount (if any) by which— 

16 ‘‘(A) the sum of the interest and fees col17 lected by the Bank; exceeds 

18 ‘‘(B) the sum of— 

19 ‘‘(i) the funds set aside to cover ex20 pected losses on transactions financed by the 

21 Bank; and 

22 ‘‘(ii) the costs incurred to cover the ad23 ministrative expenses of the Bank. 


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1 ‘‘(3) LIMITATION.—The aggregate of the amounts 

2 used in accordance with paragraph (1) for all fiscal 

3 years shall not exceed $20,000,000. 

4 ‘‘(4) SUBJECT TO APPROPRIATIONS.—The au5 thority provided by paragraph (1) may be exercised 

6 only to such extent and in such amounts as are pro7 vided in advance in appropriations Acts.’’. 

8 SEC. 9. MONITORING OF DEFAULT RATES ON BANK FINANC9 ING; REPORTS ON DEFAULT RATES. 

10 Section 8 of the Export-Import Bank Act of 1945 (12 

11 U.S.C. 635g) is amended by adding at the end the following: 

12 ‘‘(g) MONITORING OF DEFAULT RATES ON BANK FI13 NANCING; REPORTS ON DEFAULT RATES.— 

14 ‘‘(1) MONITORING OF DEFAULT RATES.—Not less 

15 frequently than quarterly, the Bank shall calculate the 

16 rate at which the entities to which the Bank has pro17 vided short-, medium-, or long-term financing are in 

18 default on a payment obligation under the financing, 

19 by dividing the total amount of the required pay20 ments that are overdue by the total amount of the fi21 nancing involved. 

22 ‘‘(2) REPORTS.—Within 45 days after a rate cal23 culated under paragraph (1) equals or exceeds 2 per24 cent, the Bank shall submit to the Congress a written 

25 report that explains the circumstances that have 


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1 caused the default rate to equal or exceed 2 percent, 

2 and includes a plan to reduce the default rate to less 

3 than 2 percent.’’. 

4 SEC. 10. SENSE OF THE CONGRESS REGARDING BANK AC5 COUNTABILITY. 

6 It is the sense of the Congress that— 

7 (1) the Board of Directors of the Export-Import 

8 Bank of the United States (in this section referred to 

9 as the ‘‘Bank’’) should establish a formal, trans10 parent, and independent accountability mechanism 

11 that would review, investigate, and report on allega12 tions by affected parties of failure of the Bank to fol13 low its own policies and procedures, including situa14 tions where the Bank is alleged to have failed in its 

15 follow-up on the borrower’s obligations in financing 

16 agreements with respect to such policies and proce17 dures; 

18 (2) such an accountability mechanism should be 

19 able to provide advice to management on policies, 

20 procedures, guidelines, resources, and systems estab21 lished to ensure adequate review and monitoring of 

22 projects; 

23 (3) in carrying out its mandate, the confiden24 tiality of sensitive business information should be re25 spected, and, in consultation with affected parties, 


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1 project sponsors, and Bank management, a flexible 

2 process should be followed aimed primarily at cor3 recting project failures and achieving better results on 

4 the ground; and 

5 (4) the accountability mechanism should be inde6 pendent of the line operations of management, and re7 port its findings and recommendations directly to the 

8 Board of Directors of the Bank. 

9 SEC. 11. SUB-SAHARAN AFRICA ADVISORY COMMITTEE. 

10 Section 2(b)(9)(B)(iii) of the Export-Import Bank Act 

11 of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by strik12 ing ‘‘2011’’ and inserting ‘‘2015’’. 

13 SEC. 12. EXTENSION OF AUTHORITY TO PROVIDE FINANC14 ING FOR THE EXPORT OF NONLETHAL DE15 FENSE ARTICLES OR SERVICES THE PRIMARY 

16 END USE OF WHICH WILL BE FOR CIVILIAN 

17 PURPOSES. 

18 Section 1(c) of Public Law 103–428 (12 U.S.C. 635 

19 note; 108 Stat. 4376) is amended by striking ‘‘2011’’ and 

20 inserting ‘‘2015’’. 

21 SEC. 13. ELIMINATION OF OBSOLETE PROVISIONS. 

22 (a) FOREIGN CREDIT INSURANCE ASSOCIATION.— 

23 (1) IN GENERAL.—Section 2(b)(1) of the Export24 Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is 

25 amended by striking subparagraph (F) and redesigVerDate Mar 15 2010 20:19 Sep 08, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H2072.RH H2072

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1 nating subparagraphs (G) through (L) as subpara2 graphs (F) through (K), respectively. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 2(h)(2) of such Act (12 U.S.C. 

5 635(h)(2)) is amended by striking ‘‘(J)’’ and in6 serting ‘‘(I)’’. 

7 (B) Section 3 of such Act (12 U.S.C. 635a) 

8 is amended in each of subsections (f)(1)(A) and 

9 (g)(7) by striking ‘‘(I)’’ and inserting ‘‘(H)’’. 

10 (C) Section 8 of such Act (12 U.S.C. 635g) 

11 is amended in each of subsections (c) and 

12 (f)(8)(A) by striking ‘‘(J)’’ and inserting ‘‘(I)’’. 

13 (D) Section 8A(a)(5) of such Act (12 U.S.C. 

14 635g-1(a)(5)) is amended by striking 

15 ‘‘2(b)(1)(K)’’ and inserting ‘‘2(b)(1)(J)’’. 

16 (b) DEFINITION OF MARXIST-LENINIST COUNTRY.— 

17 Section 2(b)(2)(B)(ii) of such Act (12 U.S .C. 

18 635(b)(2)(B)(ii)) is amended by striking subclause (VII) 

19 and redesignating subclauses (VIII) and (IX) as subclauses 

20 (VII) and (VIII), respectively. 

21 SEC. 14. EXAMINATION OF BANK SUPPORT FOR SMALL 

22 BUSINESS. 

23 Within 180 days after the date of the enactment of this 

24 Act, the Export-Import Bank of the United States shall ex25 amine and report to Congress on its current programs, 


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1 products, and polices with respect to the implementation 

2 of its export credit insurance program, delegated lending 

3 authority, and direct loans, and any other programs, prod4 ucts, and policies established to support exports from small 

5 businesses in the United States, and determine the extent 

6 to which those policies adequately meet the needs of the 

7 small businesses in obtaining Bank financing to support 

8 the maintenance or creation of jobs in the United States 

9 through exports, consistent with the requirement that the 

10 Bank obtain a reasonable assurance of repayment. 

11 SEC. 15. CATEGORIZATION OF PURPOSE OF LOANS AND 

12 LONG-TERM GUARANTEES IN ANNUAL RE13 PORT. 

14 Section 8 of the Export-Import Bank Act of 1945 (12 

15 U.S.C. 635g), as amended by section 9 of this Act, is 

16 amended by adding at the end the following: 

17 ‘‘(h) CATEGORIZATION OF PURPOSE OF LOANS AND

18 LONG-TERM GUARANTEES.—In the annual report of the 

19 Bank under subsection (a), the Bank shall categorize each 

20 loan and long-term guarantee made by the Bank in the fis21 cal year covered by the report, and according to the fol22 lowing purposes: 

23 ‘‘(1) ‘To assume commercial or political risk that 

24 exporter or private financial institutions are unwill25 ing or unable to undertake’. 


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1 ‘‘(2) ‘To overcome maturity or other limitations 

2 in private sector export financing’. 

3 ‘‘(3) ‘To meet competition from a foreign, offi4 cially sponsored, export credit competition’. 

5 ‘‘(4) ‘Not identified’, and the reason why the 

6 purpose is not identified.’’. 

7 SEC. 16. DISCLOSURE REQUIREMENT FOR BOARD MEET8 INGS. 

9 Section 3(c)(9) of the Export-Import Bank Act of 1945 

10 (12 U.S.C. 635a(a)) is amended by adding at the end the 

11 following new sentence: ‘‘Not later than 25 days before any 

12 meeting of the Board for final consideration of a trans13 action the value of which exceeds $75,000,000, and concur14 rent with any statement required to be submitted under sec15 tion 2(b)(3) with respect to the transaction, the Bank shall 

16 post a notice on the website of the Bank that includes a 

17 description of the item proposed to be financed, the identi18 ties of the obligor, principal supplier, and guarantor, and 

19 a description of any item with respect to which Bank fi20 nancing is being sought, in a manner that does not disclose 

21 any information that is confidential or proprietary busi22 ness information, that would violate the Trade Secrets Act, 

23 or that would jeopardize jobs in the United States by sup24 plying information which competitors could use to compete 

25 with companies in the United States.’’. 


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1 SEC. 17. MODIFICATIONS RELATING TO THE ADVISORY 

2 COMMITTEE. 

3 (a) REPRESENTATION OF THE TEXTILE INDUSTRY.— 

4 Section 3(d)(1)(B) of the Export-Import Bank Act of 1945 

5 (12 U.S.C. 635a(d)(1)(B)) is amended by striking ‘‘and 

6 State government’’ inserting ‘‘State government, and the 

7 textile industry’’. 

8 (b) ACCESS TO BANK PRODUCTS BY THE TEXTILE IN9 DUSTRY.— 

10 (1) CONSIDERATION BY ADVISORY COMMITTEE.— 

11 Section 3(d) of such Act (12 U.S.C. 635a(d)) is 

12 amended by adding at the end the following: 

13 ‘‘(5) In carrying out paragraph (4), the Advisory 

14 Committee shall consider ways to promote the financing of 

15 Bank transactions for the textile industry, consistent with 

16 the requirement that the Bank obtain a reasonable assur17 ance of repayment, and determine ways to— 

18 ‘‘(A) increase Bank support for the exports of 

19 textile components or inputs made in the United 

20 States; and 

21 ‘‘(B) support the maintenance, promotion and 

22 expansion of jobs in the United States that are crit23 ical to the manufacture of textile components and in24 puts.’’. 

25 (2) ANNUAL REPORT TO CONGRESS ON ADVISORY

26 COMMITTEE DETERMINATIONS.—Section 8 of such Act 


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1 (12 U.S.C. 635g), as amended by the preceding provi2 sions of this Act, is amended by adding at the end the 

3 following: 

4 ‘‘(i) ACCESS TO BANK PRODUCTS BY THE TEXTILE IN5 DUSTRY.—The Bank shall include in its annual report to 

6 the Congress under subsection (a) of this section a report 

7 on the determinations made by the Advisory Committee 

8 under section 3(d)(5) in the year covered by the report.’’. 

9 SEC. 18. FINANCING FOR GOODS MANUFACTURED IN THE 

10 UNITED STATES USED IN GLOBAL TEXTILE 

11 AND APPAREL SUPPLY CHAINS. 

12 (a) ANALYSIS OF TEXTILE INDUSTRY USE OF BANK

13 PRODUCTS.—The Export-Import Bank of the United States 

14 (in this section referred to as the ‘‘Bank’’) shall conduct 

15 a study of the extent to which the products offered by the 

16 Bank are available and used by manufacturers in the 

17 United States that export goods manufactured in the 

18 United States used as components in global textile and ap19 parel supply chains. In conducting the study, the Bank 

20 shall examine the following: 

21 (1) Impediments to use of Bank products by such 

22 firms. 

23 (2) The number of jobs in the United States that 

24 are supported by the export of such component parts 


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1 and the degree to which access to financing will in2 crease exports. 

3 (3) Specific proposals for how the Bank, using 

4 its authority and products, could provide the financ5 ing, including through risk-sharing with other export 

6 credit agencies and other third parties. 

7 (4) Ways in which the Bank can take into ac8 count the full global textile and apparel supply 

9 chain—in particular, the ultimate purchase, and ul10 timate United States-based purchaser, of the finished 

11 good, that would result from the supply chain—in 

12 making credit and risk determinations and the credit13 worthiness of the ultimate purchaser. 

14 (5) Proposals for new products the Bank could 

15 offer to provide the financing, including— 

16 (A) the extent to which the Bank is author17 ized to offer new products; 

18 (B) the extent to which the Bank would 

19 need additional authority to offer the new prod20 ucts; and 

21 (C) specific proposals for changes in law 

22 that would enable the Bank to provide such fi23 nancing in compliance with the credit and risk 

24 standards of the Bank. 


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1 (b) REPORT.—Within 180 days after the date of the 

2 enactment of this Act, the Bank shall submit to the Congress 

3 a report that contains the results of the study required by 

4 subsection (a). 

5 (c) ANNUAL REPORTS.—Section 8 of the Export-Im6 port Bank Act of 1945 (12 U.S.C. 635g), as amended by 

7 the preceding provisions of this Act, is amended by adding 

8 at the end the following: 

9 ‘‘(j) TEXTILE AND APPAREL SUPPLY CHAIN FINANC10 ING.—The Bank shall include in its annual report to the 

11 Congress under subsection (a) of this section a description 

12 of the success of the Bank in providing effective and reason13 ably priced financing to the United States textile and ap14 parel industry for exports of goods manufactured in the 

15 United States that are used as components in global textile 

16 and apparel supply chains in the year covered by the re17 port, and steps the Bank has taken to increase the use of 

18 Bank products by such firms.’’. 

19 SEC. 19. PROHIBITION ON BANK ASSISTANCE FOR PROJECT 

20 TO BE PARTICIPATED IN BY AN ENTITY THAT 

21 HAS RECENTLY ENGAGED IN CERTAIN PRO22 HIBITED ACTIVITIES WITH RESPECT TO IRAN. 

23 The Export-Import Bank of the United States shall not 

24 guarantee, insure, or extend (or participate in an extension 

25 of) credit in connection with the export of any good or servVerDate Mar 15 2010 20:19 Sep 08, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H2072.RH H2072

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25 

•HR 2072 RH

1 ice for a person, unless the person has certified to the Bank 

2 that, since July 1, 2010, neither the person, nor any other 

3 person under common ownership or control with the per4 son— 

5 (1) has engaged in any activity for which sanc6 tions may be imposed under section 5(a) of the Iran 

7 Sanctions Act of 1996; 

8 (2) has provided sensitive technology (as defined 

9 in section 106(c) of the Comprehensive Iran Sanc10 tions, Accountability, and Divestment Act of 2010) to 

11 the government of Iran; or 

12 (3) if the person is a United States person, has 

13 engaged in any activity prohibited by part 560 of 

14 title 31, Code of Federal Regulations (also known as 

15 the ‘‘Iran Transaction Regulations’’). 

16 SEC. 20. EFFECTIVE DATE. 

17 This Act and the amendments made by this Act shall 

18 take effect on October 1, 2011. 


emcdonald on DSK5CLS3C1PROD with BILLS
Union Calendar No. 129 

112TH CONGRESS 

1ST SESSION H. R. 2072 

[Report No. 112–201] 

A BILL 

To reauthorize the Export-Import Bank of the 

United States, and for other purposes. 

SEPTEMBER 8, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK5CLS3C1PROD with BILLS