US Code

Public Law 119-73 (01/23/2026)

12 U.S.C. § 635q

Establishment of tied aid credit program in United States Export-Import Bank

(a)

Establishment and elements of program; cooperation with Trade and Development Agency and private institutions and entities

(1)
The Chairman of the Export-Import Bank of the United States shall establish, within the Export-Import Bank of the United States, a program of tied aid credits for United States exports.
(2)
The program shall be carried out in cooperation with the Trade and Development Agency and with private financial institutions or entities, as appropriate.
(3)
The program may include—
(A)
section 635r(d) of this title the combined use of the credits, loans, or guarantees offered by the Export-Import Bank of the United States with concessional financing or grants made available under , by methods including the blending of the financing of, or parallel financing by, the Bank and the Trade and Development Agency; and
(B)
the combined use of credits, loans, or guarantees offered by the Bank, with financing offered by private financial institutions or entities, by methods including the blending of the financing of, or parallel financing by, the Bank and private institutions or entities.
(b)

Purpose of program

The purpose of the tied aid credit program under this section is to offer or arrange for financing for the export of United States goods and services which is substantially as concessional as foreign financing for which there is reasonable proof that such foreign financing is being offered to, or arranged for, a bona fide foreign competitor for a United States export sale.

(c)

Fund

The Chairman of the Bank is authorized to establish a fund, as necessary, for carrying out the tied aid credit program described in this section.

(d)

Availability of concessional financing or grants

section 635r(d) of this titlesection 635r(c) of this titleConcessional financing or grants made available under for the purposes of the mixed financing program established under this section shall be made available in accordance with the provisions of .

Pub. L. 98–181, title I97 Stat. 1264Pub. L. 100–418, title II, § 2204(c)(1)(A)102 Stat. 1330Pub. L. 102–549, title II, § 202(c)(1)106 Stat. 3658( [title VI, § 644], , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 102–5491992—Subsec. (a)(2), (3)(A). substituted “Development Agency” for “Development Program”.

Pub. L. 100–418, § 2204(c)(1)(A)(i)1988—Subsec. (a)(2). , substituted “Trade and Development Program” for “Agency for International Development”.

Pub. L. 100–418, § 2204(c)(1)(A)(ii)section 635r(d) of this titleSubsec. (a)(3)(A). , substituted “made available under ” for “offered by the Agency for International Development” and “Trade and Development Program” for “Agency for International Development”.

Pub. L. 100–418, § 2204(c)(1)(A)(iii)section 635r(d) of this titlesection 635r(c) of this titlesection 635r of this titleSubsec. (d). , substituted “made available under ” for “offered by the Agency for International Development” and “” for “subsections (c) and (d) of ”.

Statutory Notes and Related Subsidiaries

Transition Provisions

Pub. L. 100–418, title II, § 2204(d)(2)102 Stat. 1331

“(A)
The Administrator of the Agency for International Development shall transfer to the Director of the Trade and Development Program [now Trade and Development Agency] all records, contracts, applications, and any other documents or information in connection with the functions transferred by virtue of the amendments made by subsection (c)(1) [amending sections 635q and 635r of this title].
“(B)
All determinations, regulations, and contracts—
“(i)
which have been issued, made, granted, or allowed to become effective by the President, the Agency for International Development, or by a court of competent jurisdiction, in the performance of the functions transferred by virtue of the amendments made by subsection (c)(1), and
“(ii)
which are in effect at the time this section takes effect,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Director of the Trade and Development Program [now Trade and Development Agency], or other authorized official, by a court of competent jurisdiction, or by operation of law.
“(C)
(i)
The amendments made by subsection (c)(1) shall not affect any proceedings, including notices of proposed rulemaking, or any application for any financial assistance, which is pending on the effective date of this section [] before the Agency for International Development in the exercise of functions transferred by virtue of the amendments made by subsection (c)(1). Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued.
“(ii)
section 5314 of Title 5section 2421 of Title 22section 2421 of Title 22 Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section [amending sections 635q, 635r, and 635s of this title, , Government Organization and Employees, and , Foreign Relations and Intercourse, and enacting provisions set out as a note under ] had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director of the Trade and Development Program [now Trade and Development Agency] or other authorized official, by a court of competent jurisdiction, or by operation of law.
“(iii)
Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.
“(iv)
The Director of the Trade and Development Program [now Trade and Development Agency] is authorized to issue regulations providing for the orderly transfer to the Trade and Development Program of proceedings continued under this subparagraph.
“(D)
With respect to any function transferred by virtue of the amendments made by subsection (c)(1) and exercised on or after the effective date of this section [], reference in any other Federal law to the Agency for International Development or any officer shall be deemed to refer to the Trade and Development Program [now Trade and Development Agency] or other official to which such function is so transferred.”
, , , provided that: