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‘‘(i) the factors set forth in subpara-
graphs (A) and (B) of paragraph (1); and 
‘‘(ii) the views of the public and inter-
ested parties. 
‘‘(B) NOTICE
AND
COMMENT
REQUIRE-
MENTS.— 
‘‘(i) IN
GENERAL.—If, in making a 
determination under this subsection with 
respect to a loan or guarantee, the Bank 
intends to conduct a detailed economic im-
pact analysis or similar study, the Bank 
shall cause to be published in the Federal 
Register a notice of the intent, and provide 
a period of not less than 14 days (which, 
on request by any affected party, shall be 
extended to a period of not more than 30 
days) for the submission to the Bank of 
comments on the economic effects of the 
provision of the loan or guarantee. In addi-
tion, the Bank shall seek comments on the 
effects from the Department of Commerce, 
the International Trade Commission, the 
Office of Management and Budget, the 
Committee on Banking, Housing, and 
Urban Affairs of the Senate, and the Com-
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mittee on Financial Services of the House 
of Representatives. 
‘‘(ii) CONTENT OF NOTICE.—The no-
tice shall include appropriate, nonpropri-
etary information about— 
‘‘(I) the name of the applicant; 
‘‘(II) the country to which the 
goods involved in the transaction will 
be shipped; 
‘‘(III) the type of goods being ex-
ported; 
‘‘(IV) the amount of the loan or 
guarantee involved; 
‘‘(V) the goods that would be 
produced as a result of the provision 
of the loan or guarantee; 
‘‘(VI) the amount of increased 
production that will result from the 
transaction; 
‘‘(VII) the potential sales market 
for the resulting goods; 
‘‘(VIII) the value of the trans-
action; and 
‘‘(IX) any other relevant infor-
mation. 
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‘‘(iii) PROCEDURE REGARDING MATE-
RIALLY CHANGED APPLICATIONS.— 
‘‘(I) IN GENERAL.—If a material 
change is made to an application for 
a loan or guarantee from the Bank 
after a notice with respect to the in-
tent described in clause (i) is pub-
lished under this subparagraph, the 
Bank shall cause to be published in 
the Federal Register a revised notice 
of the intent, and shall provide for a 
comment 
period, 
as 
provided 
in 
clauses (i) and (ii). 
‘‘(II) MATERIAL
CHANGE
DE-
FINED.—In subclause (I), the term 
‘material change’, with respect to an 
application, includes— 
‘‘(aa) a change of at least 
25 percent in the amount of a 
loan or guarantee requested in 
the application; and 
‘‘(bb) a change in the prin-
cipal product to be produced as a 
result of any transaction that 
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would be facilitated by the provi-
sion of the loan or guarantee. 
‘‘(C) REQUIREMENT
TO
CONSIDER
AND 
ADDRESS
VIEWS
OF
ADVERSELY
AFFECTED 
PERSONS.—Before taking final action on an ap-
plication for a loan or guarantee from the Bank 
to which this subsection applies, the Bank shall 
consider and address in writing the views of any 
person who may be substantially adversely af-
fected by the provision of the loan or guarantee. 
‘‘(D) PUBLICATION
OF
CONCLUSIONS.— 
Within 30 days after a party affected by a final 
decision of the Board of Directors with respect 
to a loan or guarantee makes a written request 
therefor, the Bank shall provide to the affected 
party a non-confidential summary of the facts 
found and conclusions reached in any detailed 
economic impact analysis or similar study con-
ducted pursuant to subparagraph (B) with re-
spect to the loan or guarantee, that were sub-
mitted to the Board of Directors. 
‘‘(E) RULE
OF
INTERPRETATION.—This 
paragraph shall not be construed to make sub-
chapter II of chapter 5 of title 5, United States 
Code, applicable to the Bank. 
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‘‘(F) REGULATIONS.—The Bank shall im-
plement such regulations and procedures as 
may be appropriate to carry out this para-
graph.’’. 
(b) CONFORMING AMENDMENT.—Section 2(e)(2)(C) 
of such Act (12 U.S.C. 635(e)(2)(C)) is amended by in-
serting ‘‘of not less than 14 days (which, on request of 
any affected party, shall be extended to a period of not 
more than 30 days)’’ after ‘‘comment period’’. 
SEC. 16. ANTI-CIRCUMVENTION. 
Section 2(e) of the Export-Import Bank Act of 1945 
(12 U.S.C. 635(e)), as amended by sections 8(b) and 
15(a) of this Act, is amended— 
(1) in paragraph (1), by adding after and below 
the end the following: 
‘‘In making the determination under subparagraph 
(B), the Bank shall determine whether the facility 
that would benefit from the extension of a credit or 
guarantee is reasonably likely to produce products in 
addition to or other than the product specified in the 
application and whether the production of the prod-
ucts may cause substantial injury to United States 
producers of the same, or a similar or competing, 
commodity.’’; 
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(2) in paragraph (2), by adding at the end the 
following: 
‘‘(E) ANTI-CIRCUMVENTION.—The Bank 
shall not provide a loan or guarantee if the 
Bank determines that providing the loan or 
guarantee will facilitate circumvention of a 
trade law order or determination referred to in 
subparagraph (A).’’; and 
(3) by adding at the end the following: 
‘‘(7) 
FINANCIAL
THRESHOLD
DETERMINA-
TIONS.—For purposes of determining whether a pro-
posed transaction exceeds a financial threshold 
under this subsection or under the procedures or 
rules of the Bank, the Bank shall aggregate the dol-
lar amount of the proposed transaction and the dol-
lar amounts of all loans and guarantees, approved 
by the Bank in the preceding 24-month period, that 
involved the same foreign entity and substantially 
the same product to be produced.’’. 
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SEC. 17. PERFORMANCE STANDARDS APPLICABLE TO BANK 
ASSISTANCE FOR SMALL BUSINESSES, ESPE-
CIALLY THOSE OWNED BY SOCIAL AND ECO-
NOMICALLY DISADVANTAGED INDIVIDUALS 
AND THOSE OWNED BY WOMEN. 
(a) DEVELOPMENT
OF
PERFORMANCE
STAND-
ARDS.—Within 120 days after the date of the enactment 
of this Act, the Comptroller General of the United States 
shall develop and transmit to the Board of Directors of 
the Export-Import Bank of the United States— 
(1) a set of standards which may be used to de-
termine the extent to which the Bank has carried 
out successfully subparagraphs (E) and (I) of sec-
tion 2(b)(1) of the Export-Import Bank Act of 
1945, and the functions described in subsections 
(f)(1)(A), (f)(5)(A), and (h)(2) of section 3 of such 
Act; and 
(2) a set of rules for measuring the perform-
ance of the Bank against the standards. 
(b) REPORT ON PERFORMANCE.—Section 8 of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635g), as 
amended by sections 4, 5, and 10(b) of this Act, is amend-
ed by adding at the end the following: 
‘‘(j) REPORT ON ACHIEVEMENT OF PERFORMANCE 
STANDARDS APPLICABLE
TO SMALL BUSINESS CON-
CERNS, SOCIALLY AND ECONOMICALLY DISADVANTAGED 
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SMALL BUSINESS CONCERNS, AND SMALL BUSINESS 
CONCERNS OWNED BY WOMEN.—The Bank shall submit 
annually to the Congress, and include in a separate section 
of the annual report to the Congress under subsection (a) 
of this section, a report on the extent to which the Bank 
has carried out successfully subparagraphs (E) and (I) of 
section 2(b)(1), and the functions described in subsections 
(f)(1)(A), (f)(5)(A), and (h)(2) of section 3, of this Act, 
using the performance standards and measuring rules de-
veloped pursuant to section 12(a) of the Export-Import 
Bank Reauthorization Act of 2006.’’. 
SEC. 18. PROHIBITION ON ASSISTANCE TO DEVELOP OR 
PROMOTE ANY RAIL CONNECTIONS OR RAIL-
WAY-RELATED 
CONNECTIONS 
THAT 
TRA-
VERSE OR CONNECT BAKU, AZERBAIJAN, 
TBILISI, GEORGIA, AND KARS, TURKEY, AND 
THAT SPECIFICALLY EXCLUDE CITIES IN AR-
MENIA. 
Section 2(b) of the Export-Import Bank Act of 1945 
(12 U.S.C. 635(b)) is amended by adding at the end the 
following: 
‘‘(13) The Bank shall not guarantee, insure, extend 
credit, or participate in an extension of credit in connec-
tion with the development or promotion of any rail connec-
tions or railway-related connections that do not traverse 
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or connect with Armenia, and do traverse or connect 
Baku, Azerbaijan, Tbilisi, Georgia, and Kars, Turkey.’’. 
SEC. 19. TECHNICAL CORRECTIONS. 
Section 2(b)(2)(B)(ii) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(2)(B)(ii)) is amended by strik-
ing subclauses (I), (III), (VII), (VIII), and (IX), and re-
designating subclauses (II), (IV), (V), and (VI) as sub-
clauses (I) through (IV), respectively. 
SEC. 20. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on October 1, 2006. 
Passed the House of Representatives July 25, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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