HR 5068 RFS 
quired to be submitted to the Bank, including remediation 
or mitigation plans and procedures, and related moni-
toring reports. The preceding sentence shall not be inter-
preted to require the public disclosure of any information 
described in section 1905 of title 18, United States 
Code.’’. 
SEC. 9. EFFECT OF THE BANK ON THE BUDGET OF THE 
UNITED STATES. 
Within 90 days after the date of the enactment of 
this Act, the Export-Import Bank of the United States 
shall submit to the appropriate committees of the Con-
gress a report on the revenues, expenditures, and resulting 
annual net income or expense to the United States for 
each of the 10 years most recently completed before the 
date of the report. 
SEC. 10. COMPETITIVENESS INITIATIVES. 
(a) EXPANSION OF SCOPE OF ANNUAL COMPETI-
TIVENESS REPORT.— 
(1) CONSOLIDATION AND REORGANIZATION OF 
PROVISIONS.—The Export-Import Bank Act of 1945 
(12 U.S.C. 635–635i-9) is amended by inserting 
after section 8 the following: 
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‘‘SEC. 8A. ANNUAL COMPETITIVENESS REPORT. 
‘‘(a) IN GENERAL.—Not later than June 30 of each 
year, the Bank shall submit to the appropriate committees 
of the Congress a report that includes the following: 
‘‘(1) ACTIONS OF BANK IN PROVIDING FINANC-
ING ON A COMPETITIVE BASIS, AND TO MINIMIZE 
COMPETITION IN GOVERNMENT-SUPPORTED EXPORT 
FINANCING.—A description of the actions of the 
Bank in complying with the 2nd and 3rd sentences 
of section 2(b)(1)(A). In this part of the report, the 
Bank shall include a survey of all other major ex-
port-financing facilities available from other govern-
ments and government-related agencies through 
which foreign exporters compete with United States 
exporters (including through use of market windows 
(as defined in section 10(h)(7)) and indicate in spe-
cific terms the ways in which the Bank’s rates, 
terms, and other conditions compare with those of-
fered from such other governments directly or indi-
rectly. With respect to the preceding sentence, the 
Bank shall use all available information to estimate 
the annual amount of export financing available 
from each such government and government-related 
agency. In this part of the report, the Bank shall in-
clude a survey of a representative number of United 
States exporters and United States commercial lend-
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ing institutions which provide export credit to deter-
mine the experience of the exporters and institutions 
in meeting financial competition from other coun-
tries whose exporters compete with United States ex-
porters. 
‘‘(2) ROLE OF BANK IN IMPLEMENTING STRA-
TEGIC PLAN PREPARED BY THE TRADE PROMOTION 
COORDINATING COMMITTEE.—A description of the 
role of the Bank in implementing the strategic plan 
prepared by the Trade Promotion Coordinating 
Committee in accordance with section 2312 of the 
Export Enhancement Act of 1988. 
‘‘(3) TIED AID CREDIT PROGRAM AND FUND.— 
The report required by section 10(g). 
‘‘(4) PURPOSE OF ALL BANK TRANSACTIONS.— 
A description of all Bank transactions which shall be 
classified according to their principal purpose, such 
as to correct a market failure or to provide matching 
support. 
‘‘(5) EFFORTS OF BANK TO PROMOTE EXPORT 
OF GOODS AND SERVICES RELATED TO RENEWABLE 
ENERGY SOURCES.—A description of the efforts un-
dertaken under section 2(b)(1)(K). 
‘‘(6) SIZE
OF
BANK
PROGRAM
ACCOUNT.—A 
separate section which— 
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‘‘(A) compares the size of the Bank pro-
gram account with the size of the program ac-
counts of the other major export-financing fa-
cilities referred to in paragraph (1); and 
‘‘(B) makes recommendations with respect 
to the relative size of the Bank program ac-
count, based on factors including whether the 
size differences are in the best interests of the 
United States taxpayer. 
‘‘(7) CO-FINANCING PROGRAMS OF THE BANK 
AND OF OTHER EXPORT CREDIT AGENCIES.—A sep-
arate section which describes the co-financing pro-
grams of the Bank and of the other major export- 
financing facilities referred to in paragraph (1), 
which shall include a list of which countries with 
which the United States has in effect a memo-
randum of understanding relating to export credit 
agency co-financing and an explanation of why such 
a memorandum is not in effect with the countries 
with which such a memorandum is not in effect. 
‘‘(8) AFTER-MARKET
SERVICES
SUPPORT
BY 
THE BANK AND BY OTHER EXPORT CREDIT AGEN-
CIES.—A separate section which describes the par-
ticipation of the Bank in providing funding, guaran-
tees, or insurance for after-market services, which 
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shall include appropriate information on the involve-
ment of the other major export-financing facilities 
referred to in paragraph (1) in providing such sup-
port for after-market services, and an explanation of 
any differences among the facilities in providing the 
support. 
‘‘(9) EXPORT FINANCE CASES NOT IN COMPLI-
ANCE WITH THE ARRANGEMENT.—Detailed informa-
tion on cases of export finance that are not in com-
pliance with the Arrangement (as defined in section 
10(h)(3)) or that exploit loopholes in the Arrange-
ment for the purpose of obtaining a commercial 
competitive advantage. 
‘‘(10) FOREIGN EXPORT CREDIT AGENCY AC-
TIVITIES NOT CONSISTENT WITH THE WTO AGREE-
MENT ON SUBSIDIES AND COUNTERVAILING MEAS-
URES.—A description of the extent to which the ac-
tivities of foreign export credit agencies and other 
entities sponsored by a foreign government, particu-
larly those that are not members of the Arrange-
ment (as defined in section 10(h)(3)), are not in 
compliance with the Arrangement and may not be 
consistent with the terms of the Agreement on Sub-
sidies and Countervailing Measures referred to in 
section 101(d)(12) of the Uruguay Round Agree-
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ments Act (19 U.S.C. 3511(d)(12)), and a descrip-
tion of the actions taken by the United States Gov-
ernment to address the activities. 
‘‘(b) BOARD VOTE
ON REPORT REQUIRED.—The 
Board of Directors shall vote to approve and shall sign 
each report required by subsection (a). 
‘‘(c) INCLUSION OF DISSENTING VIEWS, ETC.—Each 
report required by subsection (a) shall include such dis-
senting views and additional comments as any member of 
the Board of Directors may submit to the Board for inclu-
sion in the report.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2(b)(1)(A) of such Act (12 U.S.C. 635(b)(1)(A)) is 
amended by striking all that follows the 3rd sen-
tence. 
(b) REPORT ON INVOLVEMENT OF THE BANK AND 
OF OTHER EXPORT CREDIT AGENCIES
IN REGIONAL 
MULTI-BUYER INSURANCE PROGRAMS
AND WORKING- 
CAPITAL GUARANTEE PROGRAMS.—Section 8 of such Act 
(12 U.S.C. 635g), as amended by sections 4 and 5 of this 
Act, is amended by adding at the end the following: 
‘‘(i) REPORT ON INVOLVEMENT OF THE BANK AND 
OF OTHER EXPORT CREDIT AGENCIES
IN REGIONAL 
MULTI-BUYER INSURANCE PROGRAMS
AND WORKING- 
CAPITAL GUARANTEE PROGRAMS.—The Bank shall in-
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clude in its annual report to the Congress under sub-
section (a) of this section a separate section that contains 
a report on— 
‘‘(1) regional multi-buyer insurance programs 
and working capital guarantee programs operated 
by, through, or in conjunction with the Bank, which 
shall include an analysis of the effectiveness of the 
programs and of how effective the programs would 
be in increasing export-related jobs in the United 
States if the programs were larger; 
‘‘(2) the size of similar programs of all other 
major export-financing facilities available from other 
governments 
and 
government-related 
agencies 
through which foreign exporters compete with 
United States exporters (including through use of 
market windows (as defined in section 10(h)(7)); 
and 
‘‘(3) as a detailed explanation, with respect to 
the programs, of the working relationship between 
the Bank and the Small Business Administration, 
the Department of Commerce, and other United 
States Government agencies concerned with increas-
ing the number of export-related jobs in the United 
States.’’. 
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(c) CLARIFICATION OF USE OF TIED AID CREDIT 
FUND
TO MATCH.—Section 10 of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635i-3) is amended— 
(1) in subsection (a)— 
(A) in paragraph (5)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘two’’ and inserting 
‘‘3’’; 
(ii) in subparagraph (A)(iv), by strik-
ing ‘‘and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) third, the Bank should support 
United States exporters when the exporters face 
foreign competition that is supported by foreign 
export credit agencies or other entities spon-
sored by a foreign government that are not 
party to the Arrangement; and’’; and 
(B) in paragraph (6)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘including those 
that are not a party to the Arrangement’’ 
after ‘‘countries’’; 
(ii) in subparagraph (B), by adding 
‘‘and’’ at the end; and 
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(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) promoting compliance with Arrange-
ment rules among foreign export credit agencies 
that are not a party to the Arrangement,’’; and 
(2) in subsection (b)— 
(A) in paragraph (2)(A), by striking ‘‘in 
consultation with the Secretary and’’; and 
(B) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Secretary and the Bank jointly’’ and in-
serting ‘‘Bank’’; 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘Sec-
retary and the’’; 
(bb) in subclause (I), by in-
serting ‘‘, and to bring into the 
Arrangement those countries that 
are not a party to the Arrange-
ment’’ before the period; and 
(cc) in subclause (III), by 
adding at the end the following 
‘‘In 
cases 
where 
information 
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about a specific offer of foreign 
tied aid (or untied aid used to 
promote exports as if it were tied 
aid) is not available in a timely 
manner, or is unavailable because 
the foreign export credit agency 
involved is not subject to the re-
porting requirements under the 
Arrangement, then the Bank may 
decide to use the Tied Aid Credit 
Fund based on credible evidence 
of a history of such offers under 
similar circumstances or other 
forms of credible evidence.’’; and 
(II) in clause (ii), by adding at 
the end the following: ‘‘The President 
of the United States shall notify the 
Congress of such a determination 
within 30 days, including an expla-
nation for the determination.’’; 
(iii) in subparagraph (C), by striking 
‘‘the Secretary and’’; and 
(iv) in subparagraph (E), by striking 
‘‘Secretary and the Bank jointly’’ and in-
serting ‘‘Bank’’. 
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(d) EXPANSION
OF COUNTRIES
IN COMPETITION 
WITH WHOM THE BANK IS TO PROVIDE EXPORT FI-
NANCING.—Section 2(b)(1)(A) of such Act (12 U.S.C. 
635(b)(1)(A)) is amended in the 2nd sentence by inserting 
‘‘, including countries the governments of which are not 
members of the Arrangement (as defined in section 
10(h)(3))’’ before the period. 
(e) AUTHORITY TO SEEK USE OF MIXED FORMS OF 
CONCESSIONAL FINANCING.—Section 10 of such Act (12 
U.S.C. 635i-3) is amended by adding at the end the fol-
lowing: 
‘‘(i) AUTHORITY TO SEEK USE OF MIXED FORMS OF 
CONCESSIONAL FINANCING.—For purposes of improving 
the effects of Bank financing on development in tied aid 
eligible markets (as defined under the Arrangement) and 
of improving the competitiveness of the Bank in the mar-
kets, the Bank shall, in consultation with United States 
government aid agencies and, as appropriate, multilateral 
aid institutions, seek to establish, consistent with the Ar-
rangement, a mixed credit program consisting of longer 
term financing and other forms of more flexible repayment 
terms, financing of transactions in local currencies, and 
other forms of concessional financing that meets the needs 
of the product sector and foreign market involved.’’. 
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(f) INSTRUCTIONS REGARDING NEGOTIATION
OF 
THE OECD ARRANGEMENT.—The Secretary of the Treas-
ury shall instruct the designee of the Secretary to the ne-
gotiation of the Arrangement (as defined in section 
10(h)(3) of the Export-Import Bank Act of 1945) to in-
form the other participants in the negotiation that the 
goals of the United States include the following: 
(1) Seeking compliance with the Arrangement 
among countries with significant export credit pro-
grams who are not members of the Arrangement. 
(2) Seeking to identify within the World Trade 
Organization the extent to which countries that are 
not a party to the Arrangement are not in compli-
ance with the terms of the Agreement on Subsidies 
and Countervailing Measures referred to in section 
101(d)(12) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(d)(12)) in regards to export fi-
nance, and seeking appropriate action within the 
World Trade Organization if such a country is not 
in such compliance. 
(3) Implementing new disciplines on the use of 
untied aid, market windows, and other forms of ex-
port finance that seek to exploit loopholes in the Ar-
rangement for purposes of obtaining a commercial 
competitive advantage. 
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SEC. 11. CONSIDERATION OF ENVIRONMENTAL MATTERS 
BY THE ADVISORY COMMITTEE. 
Section 3(d) of the Export-Import Bank Act of 1945 
(12 U.S.C. 635a(d)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘15’’ 
and inserting ‘‘17’’; and 
(B) in subparagraph (B), by inserting ‘‘en-
vironment,’’ before ‘‘production,’’; and 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(C) Not less than 2 members appointed to the Advi-
sory Committee shall be representative of the environ-
mental nongovernmental organization community, except 
that no 2 of the members shall be from the same environ-
mental organization. Environmental organizations rep-
resented shall have demonstrated experience with environ-
mental issues associated with the Bank, the Export Credit 
Group of the Organization for Economic Cooperation and 
Development, or both.’’. 
SEC. 12. STUDY OF HOW EXPORT-IMPORT BANK COULD AS-
SIST UNITED STATES EXPORTERS TO MEET 
IMPORT NEEDS OF NEW OR IMPOVERISHED 
DEMOCRACIES; REPORTS. 
(a) STUDY.—The Export-Import Bank of the United 
States shall conduct a study designed to assess the needs 
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of new or impoverished democracies such as Liberia and 
Haiti, for imports from the United States, and shall deter-
mine what role the Bank can play a role in helping United 
States exporters seize the opportunities presented by the 
need for such imports. 
(b) REPORTS TO THE CONGRESS.— 
(1) INTERIM REPORT.—Within 6 months after 
the date of the enactment of this Act, the Bank shall 
submit to the Committee on Financial Services of 
the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate, 
in writing, an interim report that contains the re-
sults of the study required by subsection (a). 
(2) FINAL REPORT.—Within 12 months after 
the date of the enactment of this Act, the Bank shall 
submit to the Committee on Financial Services of 
the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate, 
in writing a final report that contains the results of 
the study required by subsection (a). 
SEC. 13. REVIEW OF ENVIRONMENTAL SCREENING RE-
QUIREMENT. 
(a) IN GENERAL.—Within 6 months after the posi-
tion of Inspector General of the Export-Import Bank of 
the United States is filled, the Inspector General of the 
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Export-Import Bank of the United States shall submit to 
the Committee on Resources and the Committee on Finan-
cial Services of the House of Representatives, and to the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate a report on the implications of limiting the re-
quirement to conduct environmental screenings of projects 
proposed to be financed by the Bank to only those involv-
ing at least $10,000,000. 
(b) CONTENTS OF REPORT.—The report shall— 
(1) determine whether the $10,000,000 limita-
tion prevents the identification of any project that 
may have an adverse effect on the environment; and 
(2) propose guidelines for how project applica-
tions may be screened more effectively to determine 
whether a project may have such an effect. 
SEC. 14. OFFICE OF RENEWABLE ENERGY PROMOTION. 
Section 3 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635a), as amended by section 4(a)(1) of this 
Act, is amended by adding at the end the following: 
‘‘(j) 
OFFICE
OF
RENEWABLE
ENERGY
PRO-
MOTION.— 
‘‘(1) ESTABLISHMENT.—Within 1 year after 
the date of the enactment of this subsection, the 
President of the Bank shall establish and maintain 
in the Bank an office which shall be known as the 
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‘Office of Renewable Energy Promotion’ (in this 
subsection referred to as the ‘Office’). 
‘‘(2) FUNCTIONS.—The Office shall be respon-
sible for proactively identifying new opportunities for 
renewable energy financing and carrying out section 
2(b)(1)(K). In carrying out its function of promoting 
renewable energy technologies, the Office should, 
among other things, consider the recommendations 
made by the Renewable Energy Export Advisory 
Committee. 
‘‘(3) STAFF.—The President of the Bank shall 
ensure that the Office has staff with appropriate ex-
pertise in renewable energy technologies. 
‘‘(4) ANNUAL REPORTS.—The Bank shall sub-
mit annually to the Committee on Resources and the 
Committee on Financial Services of the House of 
Representatives, and to the Committee on Banking, 
Housing, and Urban Affairs of the Senate, a report 
that contains, for the fiscal year covered by the re-
port— 
‘‘(A) a detailed description of the activities 
of the Office; and 
‘‘(B) an analysis comparing the level of 
credit extended by the Bank for renewable en-
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ergy projects with the level of credit so ex-
tended for the preceding fiscal year. 
‘‘(5) RENEWABLE ENERGY TECHNOLOGIES DE-
FINED.—In this subsection, the term ‘renewable en-
ergy technologies’ means technologies for producing 
power through the use of solar energy, wind energy, 
and energy from biomass, fuel cells, or geothermal 
sources, and technologies for producing less than 10 
megawatts in hydropower.’’. 
SEC. 15. TRANSPARENCY. 
(a) IN GENERAL.—Section 2(e) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(e)), as amended by sec-
tion 8(b) of this Act, is amended by adding at the end 
the following: 
‘‘(6) PROCEDURES TO REDUCE ADVERSE EF-
FECTS OF LOANS AND GUARANTEES ON INDUSTRIES 
AND EMPLOYMENT IN UNITED STATES.— 
‘‘(A) CONSIDERATION
OF
ECONOMIC
EF-
FECTS
OF
PROPOSED
TRANSACTIONS.—If, in 
making a determination under this paragraph 
with respect to a loan or guarantee, the Bank 
conducts a detailed economic impact analysis or 
similar study, the analysis or study, as the case 
may be, shall include consideration of— 
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