HR 2871 - Export-Import Bank Reauthorization Act of 2002

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedSep 10, 2001
Passed HouseMay 1, 2002
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Export-Import Bank Reauthorization Act of 2002 - Amends the Export-Import Bank Act of 1945 to require the Export-Import Bank of the United States, in providing loans, guarantees, insurance, and credits for the export of goods and services, imports, and the exchange of commodities and services between the United States (including its territories or possessions) and other foreign countries, to ensure that such financing is contributing to maintaining or increasing employment of U.S. workers.

(Sec. 3) Extends the authority of the Bank through FY 2005.

(Sec. 4) Authorizes appropriations for FY 2002 through 2005 for Bank administrative expenses (including certain technology-related expenses), with specified limits. Earmarks amounts for FY 2002 through 2005 for outreach to small business concerns employing fewer than 100 employees.

Emphasizes the importance of technology improvements for the Bank, which are of particular importance for small businesses.

(Sec. 5) Increases the aggregate amount of Bank loans, guarantees, and insurance that may be outstanding at any one time to aid in financing exports and imports and the exchange of commodities and services between the United States and other foreign countries.

(Sec. 6) Extends the authority of a Bank advisory committee related to its activities in sub-Saharan Africa through September 30, 2005.

Amends the Export-Import Bank Reauthorization Act of 1997 to continue for four more years the requirement that the Board of Directors of the Bank report annually to Congress on Board efforts to develop and implement policies and programs for expanding the Bank's financial commitments in sub-Saharan Africa.

Establishes in the Bank an Office on Africa which shall focus on increasing Bank activities in Africa and visibility among U.S. companies of African markets for exports.

(Sec. 7) Increases from ten percent to 20 percent of its aggregate loan, guarantee, and insurance authority the amount the Bank must make available to finance exports directly by small business concerns, including not less than eight percent for small business concerns employing fewer than 100 employees.

Requires the Board of Directors of the Bank, in the furtherance of U.S. policy to encourage the participation of small business in international commerce, to designate an officer of the Bank who shall be responsible for advising small business concerns of the opportunities for them in the functions of the Bank, with particular emphasis on outreach and increased loans to businesses at least 51 percent of which are directly and unconditionally owned by one or more socially disadvantaged individuals or women.

Establishes in the Bank an Office for Small Business Exporters to focus on increasing Bank activities to enhance small business exports and meet the unique trade finance needs of small business exporters.

(Sec. 8) Directs the Bank to implement: (1) certain technology improvements designed to improve small business outreach, including allowing customers to use the Internet to apply for all Bank programs; and (2) an electronic system designed to track all pending Bank transactions. Requires the Bank to report to specified congressional committees on Bank efforts to implement such measures, and on how they are assisting small business.

(Sec. 9) Revises requirements for the tied aid credit program to require the Secretary of the Treasury (Secretary) and the Bank to jointly develop a process for, and the principles and standards to be used in, determining how the Tied Aid Credit Fund could be used most effectively and efficiently to target the export markets of countries which make extensive use of tied aid or partially untied aid credits for commercial advantage.

(Sec. 10) Directs the Secretary to negotiate: (1) an Organization for Economic Cooperation and Development (OECD) Arrangement on Untied Aid that seeks agreement on subjecting untied aid to the rules governing the Arrangement on Guidelines for Officially Supported Export Credits (including the rules governing disclosure); and (2) an OECD Arrangement on Market Windows that seeks agreement on subjecting market windows to the rules governing the Arrangement (including the rules governing disclosure). Requires the Secretary to report to specified congressional committees on the successes, failures, and obstacles in reaching such agreements.

Sets forth certain requirements with respect to the use of the Tied Aid Credit Fund to combat untied aid. Defines "market window" as the provision of export financing through an institution that claims to operate on a commercial basis while benefitting directly or indirectly from some level of government support.

(Sec. 11) Renames the Tied Aid Credit Fund the Export Competitiveness Fund and the tied aid credit program the export competitiveness program.

(Sec. 12) Requires a certain annual competitiveness report by the Bank to Congress to include: (1) a description of the volume of financing provided by each foreign export credit agency, including a description of all Bank transactions classified according to their principal purpose, such as to correct a market failure or to provide matching support; (2) an estimate on the basis of an annual survey or tabulation of the number of entities that are suppliers of users of the Bank and that are small business concerns located in the United States; (3) a description of outreach efforts (including results) made by the Bank to any business at least 51 percent of which is directly and unconditionally owned by one or more socially disadvantaged individuals or women; and (4) a description of Bank efforts to promote the export of goods and services related to renewable energy sources.

(Sec. 13) Requires the Bank to promote the export of goods and services related to renewable energy sources.

(Sec. 14) Directs the Comptroller General to report to specified congressional committees on: (1) whether the United States could bring a case in the World Trade Organization (WTO) for relief against untied aid and market windows; and (2) the comparative reserve practices of export credit agencies and private banks.

(Sec. 16) Directs the Bank to re-assess the effects of its approval of an $18 million medium-term guarantee to support the sale of computer software, control systems, and main drive power supplies to Benxi Iron & Steel Company, in Benxi, Liaoning, China, for the purpose of evaluating whether the adverse impact test of the Bank sufficiently takes account of the interest of U.S. industries. Requires the Bank to report to specified congressional committees on such re-assessment.

(Sec. 18) Grants the Bank the authority to deny an application for assistance with respect to a transaction if it has substantial credible evidence that any party to the transaction has committed an act of fraud or corruption in connection with a transaction involving a good or service that is the same as, or substantially similar to, a good or service the export of which is the subject of such application.

(Sec. 19) Declares it is the policy of the United States that, in considering whether to guarantee, insure, or extend credit, or participate in the extension of credit in connection with the purchase of any product, technical data, or information by a national or agency of any nation, the Bank take into account the extent to which the nation has been helpful or unhelpful in efforts to eradicate terrorism.

(Sec. 20) Prohibits the Bank from providing any loan or guarantee to an entity for the resulting production of substantially the same product that is the subject of: (1) a countervailing duty or antidumping order under title VII of the Tariff Act of 1930; or (2) a preliminary material injury determination under title II of the Trade Act of 1974. Requires the Bank to establish procedures to ensure that loans or guarantees provided to an entity that is subject to a preliminary material injury determination are likely to not result in a significant increase in imports of substantially the same product covered by such determination and are likely to not have a significant adverse impact on the domestic industry.

(Sec. 21) Expresses the sense of Congress that, with respect to the total amount available to the Bank for the extension of credit for transactions related to energy projects, the Bank should use not more than 95 percent for transactions related to fossil fuel projects, and not less than five percent for transactions related to renewable energy and energy efficiency projects. Defines "renewable energy" to mean projects related to solar, wind, biomass, fuel cell, landfill gas, or geothermal energy sources.

(Sec. 22) Directs the Bank to: (1) require an assistance applicant to disclose whether such applicant has been found by a U.S. court to have violated the Foreign Corrupt Practices Act of 1977; and (2) maintain a list of persons to have violated such Act.

(Sec. 23) Expresses the sense of Congress that, when considering a proposal for assistance for a project of $10 million or more, the management of the Bank should have available for review a detailed assessment of the potential human rights impact of such project.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 120	On Agreeing to the Amendment	Failed135–283	May 1, 2002

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Financial Services Committee	Referred Sep 10, 2001Markup Oct 31, 2001Reported Nov 15, 2001
	International Monetary Policy and Trade Subcommittee	Referred Sep 14, 2001Markup Sep 21, 2001Reported Sep 21, 2001

Actions 31

Everything that happened, newest first.

May 1, 2002Rule H. Res. 402 passed House.
May 1, 2002Considered under the provisions of rule H. Res. 402. (consideration: CR H1776-1795, H1978-1984; text of measure as reported in House: CR H1787-1790)
May 1, 2002Rule provides for consideration of H.R. 2871 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill. Measure will be considered read. Specified amendments are in order. After passage of H.R. 2871, it shall be in order to take from the Speaker's table S. 1372 and to consider the Senate bill in the House. All points of order against the Senate bill and against it's consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisi...
May 1, 2002House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 402 and Rule XXIII.
May 1, 2002The Speaker designated the Honorable Gil Gutknecht to act as Chairman of the Committee.
May 1, 2002GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2871.
May 1, 2002DEBATE - Pursuant to the provisions of H.Res 402 the Committee of the Whole proceeded with 10 minutes of debate on the Bereuter amendment.
May 1, 2002DEBATE - Pursuant to the provisions of H.Res 402 the Committee of the Whole proceeded with 30 minutes of debate on the DeFazio amendment.
May 1, 2002DEBATE - Pursuant to the provisions of H.Res 402 the Committee of the Whole proceeded with 30 minutes of debate on the Kucinich amendment.
May 1, 2002DEBATE - Pursuant to the provisions of H.Res 402 the Committee of the Whole proceeded with 30 minutes of debate on the Sanders amendment.
May 1, 2002DEBATE - The Committee of the Whole resumed debate on the Sanders amendment.
May 1, 2002POSTPONED VOTE - At the conclusion of debate on the Sanders amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the Noes had prevailed. Mr. Sanders demanded a recorded vote and pursuant to the provisions of H. Res. 402, the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
May 1, 2002DEBATE - Pursuant to the provisions of H. Res. 402, the Committee of the Whole proceeded with 30 minutes of debate on the Schakowsky amendment.
May 1, 2002UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the Sanders amendment which had been debated earlier and on which further proceedings had been postponed.
May 1, 2002The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2871.
May 1, 2002The previous question was ordered pursuant to the rule.
May 1, 2002The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
May 1, 2002Passed/agreed to in House: On passage Passed by voice vote.
May 1, 2002Motion to reconsider laid on the table Agreed to without objection.
May 1, 2002The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2871.
May 1, 2002Laid on the table. See S. 1372 for further action.
Apr 30, 2002Rules Committee Resolution H. Res. 402 Reported to House. Rule provides for consideration of H.R. 2871 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill. Measure will be considered read. Specified amendments are in order. After passage of H.R. 2871, it shall be in order to take from the Speaker's table S. 1372 and to consider the Senate bill in the House. All points of order against the Senate bill and against it's consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisi...
Nov 15, 2001Reported (Amended) by the Committee on Financial Services. H. Rept. 107-292.
Nov 15, 2001Placed on the Union Calendar, Calendar No. 178.
Oct 31, 2001Committee Consideration and Mark-up Session Held.
Oct 31, 2001Ordered to be Reported (Amended) by Voice Vote.
Sep 21, 2001Subcommittee Consideration and Mark-up Session Held.
Sep 21, 2001Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Sep 14, 2001Referred to the Subcommittee on International Monetary Policy and Trade.
Sep 10, 2001Introduced in House
Sep 10, 2001Referred to the House Committee on Financial Services.

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Extensions	Debate and remarks E711, E714	Michael G. Oxley R-OH, Robert W. Ney R-OH	May 3, 2002
House	Debate and remarks H1773–H1776, H1776–H1795, H1792–H1795, H1978–H1985Text printed H1773, H1787–H1790Amendments H1787, H1790, H1792, H1794, H1982Recorded votes H1984Sanders amendment (prohibit assistance to companies who lay off a greater percentage of U.S. workers than those in foreign countries)	Alcee L. Hastings D-FL, Barbara Lee D-CA, Bernard Sanders I-VT (amendment), Carolyn B. Maloney D-NY, Charles B. Rangel D-NY, Christopher Shays R-CT, Dana Rohrabacher R-CA, Dennis J. Kucinich D-OH (amendment), Donald A. Manzullo R-IL, Doug Bereuter R-NE (amendment), Earl Blumenauer D-OR, Gary G. Miller R-CA, J. C. Watts Jr. R-OK, Janice D. Schakowsky D-IL (amendment), Jennifer Dunn R-WA, John J. LaFalce D-NY, Ken Bentsen D-TX, Marcy Kaptur D-OH, Marge Roukema R-NJ, Maxine Waters D-CA, Michael G. Oxley R-OH, Mike Ferguson R-NJ, Nydia M. Velázquez D-NY, Patrick J. Toomey R-PA, Peter A. DeFazio D-OR (amendment), Ron Paul R-TX, Ruben Hinojosa D-TX, Sheila Jackson Lee D-TX, Sue W. Kelly R-NY, Sue Wilkins Myrick R-NC	May 1, 2002
House	Amendments H1770	Bernard Sanders I-VT (amendment)	Apr 30, 2002
House	Debate and remarks H1667	Lincoln Diaz-Balart R-FL	Apr 25, 2002
House	Debate and remarks H10459	Doug Bereuter R-NE	Dec 19, 2001

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

H. Rept. 107-292

Congressional Budget Office cost estimates 2

Nov 14, 2001H.R. 2871, Export-Import Bank Reauthorization Act of 2001<p>Cost estimate for the bill as ordered reported by the House Committee on Financial Services on October 31, 2001</p>
Nov 14, 2001H.R. 2871, Export-Import Bank Reauthorization Act of 2001Cost estimate for the bill as ordered reported by the House Committee on Financial Services on October 31, 2001

Amendments 5

Amendments offered to this bill.

Amendment	Description	Offered by	Status
HAmdt 466	An amendment numbered 1 in House Report 107-423 to make corrections to section 9 in the bill dealing with the Tied Aid War Chest. Under the changes made by the amendment, the Export-Import Bank and the Department of the Treasury will jointly set the principles, process, and standards which govern the Tied Aid War Chest.	Doug Bereuter R-NE	On agreeing to the Bereuter amendment (A001) Agreed to by voice vote.
HAmdt 467	An amendment numbered 2 printed in House Report 107-423 to prohibit Export-Import Bank assistance for any project that involves the privatization of a government-held industry or sector if that privatization: is not implemented in a transparent manner; is not implemented in a manner that adequately protects the interest of workers, small investors, and vulnerable groups in society; or if appropriate regulatory regimes have not been established to ensure properly functioning competitive markets.	Peter A. DeFazio D-OR	By unanimous consent, the DeFazio amendment was withdrawn.
HAmdt 468	An amendment numbered 3 in House Report 107-423 to require Export-Import Bank to gather information relating to compliance with Foreign Corrupt Practices Act as amended by applicants. Export-Import would request that applicants report whether or not they had been found by a U.S. court to be in violation of the Foreign Corrupt Practices Act. Export-Import would also independently monitor federal court records to determine if any applicants forExport-Import assistance had violated the Act.	Dennis J. Kucinich D-OH	On agreeing to the Kucinich amendment (A003) Agreed to by voice vote.
HAmdt 469	An amendment numbered 4 printed in House Report 107-423 to prohibit companies from receiving future Export-Import Bank Assistance if they lay off a greater percentage of workers in the U.S. than they lay off in foreign countries.	Bernard Sanders I-VT	On agreeing to the Sanders amendment (A004) Failed by recorded vote: 135 - 283 (Roll no. 120).
HAmdt 470	An amendment numbered 5 printed in House Report 107-423 to express a sense of the Congress that detailed information on the potential impact of proposed Export-Import Bank projects on human rights should be available to the management of the bank.	Janice D. Schakowsky D-IL	On agreeing to the Schakowsky amendment (A005) Agreed to by voice vote.

Related bills 2

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HRES 402	Providing for the consideration of the bill (H.R. 2871) to reauthorize the Export-Import Bank of the United States, and for other purposes.	Procedurally related	May 1, 2002
S 1372	Export-Import Bank Reauthorization Act of 2002	Procedurally related	Jun 14, 2002

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To reauthorize the Export-Import Bank of the United States, and for other purposes.
Short Titles as Introduced: Export-Import Bank Reauthorization Act of 2001
Short Titles as Reported to House: Export-Import Bank Reauthorization Act of 2001
Short Titles as Passed House: Export-Import Bank Reauthorization Act of 2002

Subjects

Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.

Text 2

Each version as it was printed, newest first.

Nov 15, 2001Reported in House
Sep 10, 2001Introduced in House

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