109TH CONGRESS 
2D SESSION 
H. R. 5068
AN ACT 
To reauthorize the operations of the Export-Import 
Bank, and to reform certain operations of the 
Bank, and for other purposes.
109TH CONGRESS 
2D SESSION 
H. R. 5068
AN ACT 
To reauthorize the operations of the Export-Import Bank, 
and to reform certain operations of the Bank, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Export-Import Bank 
Reauthorization Act of 2006’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Reauthorization. 
Sec. 4. Increasing exports by small businesses. 
Sec. 5. Office of financing for socially and economically disadvantaged small 
business concerns and small business concerns owned by 
women. 
Sec. 6. Sub-Saharan Africa. 
Sec. 7. Extension of authority. 
Sec. 8. Transparency initiatives. 
Sec. 9. Effect of the Bank on the budget of the United States. 
Sec. 10. Competitiveness initiatives. 
Sec. 11. Consideration of environmental matters by the Advisory Committee. 
Sec. 12. Study of how Export-Import Bank could assist United States exporters 
to meet import needs of new or impoverished democracies; re-
ports. 
Sec. 13. Review of environmental screening requirement. 
Sec. 14. Office of Renewable Energy Promotion. 
Sec. 15. Transparency. 
Sec. 16. Anti-circumvention. 
Sec. 17. Performance standards applicable to Bank assistance for small busi-
nesses, especially those owned by social and economically dis-
advantaged individuals and those owned by women. 
Sec. 18. Prohibition on assistance to develop or promote any rail connections 
or railway-related connections that traverse or connect Baku, 
Azerbaijan, Tbilisi, Georgia, and Kars, Turkey, and that spe-
cifically exclude cities in Armenia. 
Sec. 19. Technical corrections. 
Sec. 20. Effective date.
SEC. 3. REAUTHORIZATION. 
Section 7 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635f) is amended by striking ‘‘2006’’ and in-
serting ‘‘2011’’. 
SEC. 4. INCREASING EXPORTS BY SMALL BUSINESSES. 
(a) ESTABLISHMENT
OF SMALL BUSINESS DIVI-
SION.—
(1) IN GENERAL.—Section 3 of the Export-Im-
port Bank Act of 1945 (12 U.S.C. 635a) is amended 
by adding at the end the following: 
‘‘(f) SMALL BUSINESS DIVISION.—
‘‘(1) ESTABLISHMENT.—The President of the 
Bank shall establish and maintain a division of the 
Bank whose sole functions shall be to—
‘‘(A) carry out subparagraphs (E) and (I) 
of section 2(b)(1), as such subparagraphs relate 
to outreach, feedback, product improvement, 
and transaction advocacy for small business 
concerns; 
‘‘(B) advise and seek feedback from small 
business concerns of the opportunities and ben-
efits for small business concerns in the financ-
ing products offered by the Bank, with par-
ticular emphasis on conducting outreach, better 
tailoring products to small business needs and 
increasing loans to small business concerns em-
ploying fewer than 100 employees; and 
‘‘(C) maintain liaison with the Small Busi-
ness Administration and other departments and 
agencies in matters affecting small business 
concerns.
‘‘(2) MANAGEMENT.—The division shall be 
managed by a Bank officer designated by the Board 
of Directors—
‘‘(A) who shall have substantial recent ex-
perience in financing exports by small business 
concerns; 
‘‘(B) whose sole executive duties shall be to 
ensure that the division carries out the func-
tions of the division, and to be the chairman of 
the Small Business Committee established 
under subsection (h); 
‘‘(C) who shall advise the Board, particu-
larly the Director appointed under section 
3(c)(8)(B) to represent the interests of small 
business, on matters of interest to, and concern 
for, small business; 
‘‘(D) who shall rank not lower than senior 
vice president of the Bank; and 
‘‘(E) who shall report directly to the Presi-
dent of the Bank. 
‘‘(3) STAFF.—
‘‘(A) FUNCTIONS.—The President of the 
Bank shall designate staff in each operating di-
vision of the Bank, as appropriate, to specialize 
in transactions in support of exports by small
business concerns, including receipt and all as-
pects of processing (including approval or dis-
approval, or staff recommendation of approval 
or disapproval, as appropriate) applications for 
loans, guarantees, and insurance. The staff so 
designated may approve applications for work-
ing capital loans and guarantees, and for insur-
ance, in support of exports which have a value 
of less than $10,000,000, subject to the policies 
and procedures established by the Board of Di-
rectors other than those which provide for a 
lower limit on the dollar amount of exports with 
respect to which such an approval may be 
granted. 
‘‘(B) 
COORDINATION.—The 
staff 
des-
ignated under subparagraph (A) of this para-
graph shall carry out their duties in their re-
spective operating divisions, under the coordina-
tion of the officer designated under paragraph 
(2) of this subsection. 
‘‘(4) RESOURCES.—
‘‘(A) IN GENERAL.—The President of the 
Bank shall ensure that the division has suffi-
cient qualified staff and budgetary resources to 
carry out subparagraphs (E) and (I) of section
2(b)(1), as determined annually by the Presi-
dent of the Bank, after consultation with—
‘‘(i) the officer referred to in para-
graph (2) of this subsection; 
‘‘(ii) the Director appointed under 
subsection (c)(8)(B) of this section; 
‘‘(iii) the Committee on Financial 
Services of the House of Representatives; 
and 
‘‘(iv) the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
‘‘(B) USES.—
‘‘(i) IN GENERAL.—The President of 
the Bank shall ensure that the staff and 
budgetary resources of the division are de-
voted solely to carrying out the functions 
of the division. 
‘‘(ii) CERTAIN
STAFF
DUTIES.—The 
division shall include staff dedicated exclu-
sively to providing outreach, training, and 
advice to, seeking feedback from, and ad-
vocating on behalf of small business con-
cerns regarding Bank financing opportuni-
ties, products, and programs.
‘‘(C) RULE OF INTERPRETATION.—Noth-
ing in this Act shall be construed to prevent the 
delegation to the division of any authority nec-
essary to carry out subparagraphs (E) and (I) 
of section 2(b)(1). 
‘‘(5) SMALL BUSINESS CONCERN DEFINED.—In 
this subsection and subsections (g), (h), and (i), the 
term ‘small business concern’ shall have the meaning 
established under section 3(a) of the Small Business 
Act. 
‘‘(g) HANDLING OF APPLICATIONS OF, AND PROC-
ESSING OF TRANSACTIONS INVOLVING SMALL BUSINESS 
CONCERNS.—Consistent with the requirement that the 
Bank obtain a reasonable assurance of repayment for each 
transaction the Bank supports, the Bank shall establish 
and maintain transaction standards tailored to the special 
circumstances of small business concerns and shall use the 
standards in evaluating applications by the concerns for 
Bank financing. The Bank shall ensure that each appro-
priate division of the Bank has staff dedicated to the proc-
essing of transactions involving small business concerns. 
‘‘(h) SMALL BUSINESS COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Bank shall estab-
lish and maintain a committee to be known as the 
‘Small Business Committee’.
‘‘(2) PRINCIPAL PURPOSE.—The principal pur-
pose of the Small Business Committee shall be to 
focus on small business concerns and coordinate the 
efforts of the Bank with respect to small business 
concerns, including the timely processing of trans-
actions in support of exports by small business con-
cerns and the evolution of new or improved Bank 
products to better serve small business needs. 
‘‘(3) COMPOSITION.—
‘‘(A) CHAIRMAN.—The chairman of the 
Small Business Committee shall be the Senior 
Vice President of the Bank who is responsible 
for management of the Small Business Division 
of the Bank. 
‘‘(B) OTHER MEMBERS.—The other mem-
bers of the committee shall consist of the staff 
designated under subsection (f)(3)(A), and the 
President of the Bank shall ensure that the 
committee is comprised of officers and employ-
ees throughout the Bank that have responsi-
bility for outreach and processing transactions 
involving small business concerns. 
‘‘(4) REPORTS.—The Small Business Com-
mittee shall report to the President of the Bank.
‘‘(i) STAFF EVALUATIONS.—The evaluation of staff 
designated by the President of the Bank under subsection 
(f)(3)(A), including annual reviews of performance of du-
ties related to transactions in support of exports by small 
business concerns, and any resulting recommendations for 
salary adjustments, promotions, and other personnel ac-
tions, shall be conducted jointly by the managers of the 
relevant operating division and the chairman of the Small 
Business Committee established under subsection (h), 
under the direction of the Director appointed under sub-
section (c)(8)(B).’’. 
(2) COORDINATION
IN
FINANCING
OF
SMALL 
BUSINESS
EXPORTS.—Section 2(b)(1)(E)(vii)(I) of 
such Act (12 U.S.C. 635(b)(1)(E)(vii)(I)) is amend-
ed by adding at the end the following: ‘‘The Bank 
shall work in coordination with the entities described 
in the preceding sentence to streamline the proc-
essing of applications for Bank financing from small 
business concerns and to provide training and advice 
as required on the needs and benefits of export fi-
nancing for small business concerns.’’
(b) REPORT ON FEES CHARGED TO, AND TRANS-
ACTIONS COSTS INCURRED
BY, SMALL
AND MEDIUM 
BUSINESS FOR BANK SERVICES.—Section 8 of such Act
(12 U.S.C. 635g) is amended by adding at the end the 
following: 
‘‘(f) REPORT ON FEES CHARGED TO, AND TRANS-
ACTIONS COSTS INCURRED
BY, SMALL
AND MEDIUM 
BUSINESS FOR BANK SERVICES.—The Bank shall submit 
to the Congress annually, and include in a separate section 
of the annual report to the Congress under subsection (a) 
of this section, a report on—
‘‘(1) with respect to each type of transaction, 
the interest and fees charged by the Bank to export-
ers (including a description of fees and interest, if 
any, charged to small business concerns), buyers, 
and other applicants in connection with each financ-
ing program of the Bank, and the highest, lowest, 
and average fees charged by the Bank for short 
term insurance transactions; 
‘‘(2) the effects of the fees on the ability of the 
Bank to achieve the objectives of the Bank relating 
to small business; and 
‘‘(3) the fee structure of the Bank as compared 
with that of other foreign export credit agencies.’’. 
(c) REPORT
ON FINANCING DIRECTED TOWARD 
SMALL BUSINESS.—Section 8 of such Act (12 U.S.C. 
635g), as amended by subsection (b) of this section, is 
amended by adding at the end the following:
‘‘(g) REPORT ON FINANCING DIRECTED TOWARD 
SMALL BUSINESS.—The Bank shall submit annually to 
the Committees on Financial Services and on Small Busi-
ness of the House of Representatives—
‘‘(1) a report on the extent to which the Bank 
has been able to use the authorities referred to in 
section 2(b)(1)(E)(iv), and, to the extent the Bank 
has been unable to fully do so, a report on the obsta-
cles to doing so and on what the Bank is doing to 
overcome the obstacles; 
‘‘(2) a report on the extent to which financing 
has been made available to small business concerns 
to enable them to participate in exports by major 
contractor, including through access to the supply 
chains of the contractors through direct or indirect 
funding; and 
‘‘(3) a strategic plan of action describing how, 
in the upcoming year, the Bank will take specific 
measures to achieve the small business objectives of 
the Bank, including expanded outreach, product im-
provements, and related actions.’’. 
(d) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—