HR 2072 · 112th Congress 2011–2013, ended

Export-Import Bank Reauthorization Act of 2012

Latest action · May 30, 2012 Became Public Law No: 112-122.

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.

  1. IntroducedJun 1, 2011
  2. Passed HouseMay 9, 2012
  3. Passed SenateMay 15, 2012
  4. To the PresidentMay 21, 2012
  5. Became lawMay 30, 2012Public Law 112-122

Summary

(This measure has not been amended since it was passed by the House on May 9, 2012. The summary of that version is repeated here.)

Export-Import Bank Reauthorization Act of 2012 - (Sec. 2) Amends the Export-Import Bank Act of 1945 to extend the termination of functions date for the Export-Import Bank of the United States to September 30, 2014.

(Sec. 3) Caps annual outstanding limits on loans, guarantees, and insurance for FY2012 and subsequent fiscal years at $120 billion.

Increases such amount to $130 billion for each of FY2013 and FY2014 if: (1) the Bank has submitted a specified report under this Act, and (2) a specified rate calculated under this Act is less than 2% for the quarter ending with the beginning of the fiscal year or for any quarter in the fiscal year.

Increases such amount to $140 billion for FY2014 if: (1) a specified rate calculated this Act is less than 2% for the quarter ending with the beginning of the fiscal year or for any quarter in the fiscal year; (2) the Bank has submitted a specified report required by this Act, except that the preceding provisions of this subclause shall not apply if the Comptroller General (GAO) has not submitted a specified report required by this Act on or before July 1, 2013; and (3) the Secretary of the Treasury has submitted specified reports required by this Act.

(Sec. 4) Requires the Bank to submit to Congress and the Comptroller General a business plan that includes: (1) an estimate of appropriate exposure limits for 2012-2013 and estimates of anticipated growth for 2012-2014; (2) an analysis of the potential for increased or decreased risk of loss as a result of the estimated exposure limit; (3) an analysis of the ability to meet small business and sub-Saharan Africa mandates and comply with its carbon policy mandate under the proposed exposure limit; and (4) an analysis of the adequacy of Bank resources to process, approve, and monitor authorizations.

Requires GAO to review and report to Congress regarding such business plan.

(Sec. 5) Directs the Comptroller General to submit to the Bank and to Congress an evaluation of: (1) the history of the Bank's rate of growth, (2) the effectiveness of the Bank's risk management, (3) the Bank's use of historical default and recovery rates to calculate future program costs, (4) Bank fees and how such fees are affected by U.S. participation in international agreements, and (5) whether the Bank's loan loss reserves policy is sufficient to cover risks and potential loses.

Requires the Bank to report to Congress regarding implementation of recommendations included in the evaluation.

(Sec. 6) Requires the Bank to: (1) monitor, at least quarterly, the default rates of entities to which the Bank has provided short-term, medium-term, or long-term financing; and (2) report to Congress monthly if the default rate is 2% or more and requires the report to describe the actions taken to reduce such default rate.

Directs the Secretary of the Treasury to provide for an independent third party review of Bank loan programs and funds if the default rate remains above 2% for a period of six months.

Requires the Bank, at least quarterly, to calculate the default rate with respect to: (1) whether the products involved are short-term loans, medium-term loans, long-term loans, insurance, medium-term guarantees, or long-term guarantees; (2) each key market involved; and (3) each industry sector involved. Requires the Bank to submit a related report to Congress.

(Sec. 7) Requires the Bank to: (1) set due diligence standards for its lender partners and participants; (2) seek, in entering into financing contracts, a creditor status which is not subordinate to that of all other creditors; and (3) provide a notice and comment period for transactions exceeding $100 million.

(Sec. 10) Requires the Bank in its annual report to categorize each loan and long-term guarantee according to the following purposes: (1) to assume commercial or political risk that exporter or private financial institutions are unwilling or unable to undertake; (2) to overcome maturity or other limitations in private sector export financing; (3) to meet foreign, officially sponsored, export credit competition; or (4) not identified and the reason why the purpose is not identified.

(Sec. 11) Directs the Secretary of the Treasury to pursue negotiations with: (1) other major exporting countries to substantially reduce, with the ultimate goal of eliminating, subsidized export financing programs and other forms of export subsidies; and (2) all countries that finance air carrier aircraft with funds from a state-sponsored entity, to substantially reduce, with the ultimate goal of eliminating, aircraft export credit financing for specified aircraft categories.

Directs the Secretary to report annually to Congress on the progress of such negotiations.

(Sec. 12) Requires the Bank to develop and make publicly available methodological guidelines for conducting certain economic impact analyses or similar studies under the Export-Import Bank Act of 1945.

(Sec. 13) Requires the Bank to report to Congress regarding: (1) the Bank's implementation or rejection of the recommendations contained in the September 2007 GAO report "Export-Import Bank: Improvements Needed in Assessment of Economic Impact"; and (2) Bank programs, products, and polices regarding implementation of its export credit insurance program, delegated lending authority, and direct loans established to support exports from small U.S. businesses.

(Sec. 15) Requires the Bank to review the effectiveness of its domestic content policy for medium-term and long-term transactions in maintaining and creating U.S. jobs and contributing to a stronger national economy through the export of goods and services.

(Sec. 16) Requires the Comptroller General to report to Congress regarding the process and methodology used by the Bank to calculate the effects of the provision of financing by the Bank on the creation and maintenance of U.S. jobs, determine and assess the basis on which the Bank has so used the methodology, and make any recommendations the Comptroller General deems appropriate.

(Sec. 17) Requires the Comptroller General: (1) at least quadrennially, to conduct an audit of the loan and guarantee transactions of the Bank to determine the compliance of the Bank with the underwriting guidelines, lending policies, due diligence procedures, and content guidelines of the Bank; and (2) review the adequacy of the design and effectiveness of the controls used by the Bank to prevent, detect, and investigate fraudulent applications for loans and guarantees and to report control recommendations to Congress.

(Sec. 18) Prohibits the Bank from approving any guarantee, insurance, or extension of credit in connection with a borrower or controlling sponsor, or a person that is owned or controlled by such borrower or sponsor, that is subject to petroleum-related sanctions under section 5(a) of the Iran Sanctions Act of 1996.

Prohibits the Bank from approving any guarantee, insurance, or extension of credit to a person in connection with the exportation of any good or service unless the person certifies that: (1) neither the person nor any controlled person engages in any section 5(a) activity, exports sensitive technology to Iran, or engages in any activity prohibited by the "Iranian Transactions Regulations"; or (2) if the person or controlled person has engaged in an activity described in clause (1), such activity has met specified exemptions.

(Sec. 19) Authorizes the Bank to use a specified amount of its surplus each fiscal year for information technology system updates.

Limits the aggregate amount for such activities for FY2012 through FY2014 to $20 million.

(Sec. 20) Provides for textile industry representation on the Bank Advisory Committee.

Directs the Committee to consider ways to promote textile industry financing and determine ways to support: (1) U.S exports of textile components or inputs, and (2) the promotion of U.S. jobs that are critical to textile component and input manufacture.

(Sec. 21) Directs the Bank report to Congress regarding the extent to which its products are available and used by U.S. manufacturers that export U.S.-manufactured goods used as components in global textile and apparel supply chains.

(Sec. 23) Extends the termination date of the Sub-Saharan Africa advisory committee through September 30, 2014.

(Sec. 24) Extends Bank authority to provide financing for the export of nonlethal articles or services meant primarily for civilian purposes through FY2014.

(Sec. 25) States that except as provided in section 9(b), the provisions of this Act shall take effect on the earlier of June 1, 2012, or the date of enactment of this Act.

Recorded votes 2

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

Roll callQuestionResultDate
Senate 96Bill Passed78–20May 15, 2012
House 224Passed330–93May 9, 2012

Cosponsors 9

Members who signed on, in the order they did. Signatures ran from Jun 1, 2011 to Jun 21, 2011; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MABarney FrankOriginalJun 1, 2011
D-NYCarolyn McCarthyOriginalJun 1, 2011
R-ALSpencer BachusOriginalJun 1, 2011
D-GADavid ScottJun 2, 2011
R-ILDonald A. ManzulloJun 2, 2011
D-WIGwen MooreJun 2, 2011
R-ILJudy BiggertJun 2, 2011
R-ILRobert J. DoldJun 2, 2011
D-TXRuben HinojosaJun 21, 2011

Committees 1

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

ChamberCommitteeWhat it did
HouseFinancial Services Committee
Hearings Mar 10, 2011Referred Jun 1, 2011Markup Jun 22, 2011Reported Sep 8, 2011
Financial Institutions and Monetary Policy Subcommittee
Hearings May 24, 2011Markup Jun 2, 2011Reported Jun 2, 2011Referred Jun 2, 2011

Actions 31

Everything that happened, newest first.

  1. May 30, 2012Signed by President.
  2. May 30, 2012Became Public Law No: 112-122.
  3. May 21, 2012Presented to President.
  4. May 15, 2012Motion to proceed to consideration of measure made in Senate.
  5. May 15, 2012Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent.

In the Congressional Record 6

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.

WhereIn the RecordMembersDate
SenateDebate and remarks S3871Harry Reid D-NVJun 7, 2012
HouseDebate and remarks H3444Text printed H3444Robert J. Dold R-ILJun 5, 2012
Senate · ExtensionsDebate and remarks E798, S3137, S3139, S3146–S3158, S3159Amendments S3146, S3148, S3150, S3152, S3156, S3176, S3177Motions S3137Recorded votes S3155, S3156, S3157, S3158Corker amendment (limit financing to transactions subsidized by other countries or for which private sector financing is unavailable or prohibitively expensive)Toomey amendment (make an increase in lending authority contingent upon the Dept. of the Treasury negotiating a phase out of export subsidies)Lee amendment (phase out Eximbank authority and require President to initiate negotiations with other exporting countries to end subsidized export financing programs)Vitter amendment (prohibit loans or financing fossil fuel projects or manufacturing renewable energy products in foreign countries if similar U.S. projects not funded)Bob Corker R-TN (amendment), Carl Levin D-MI, Christopher A. Coons D-DE (amendment), David Vitter R-LA (amendment), Harry Reid D-NV (motion), Henry C. "Hank" Johnson, Jr. D-GA, Jim DeMint R-SC, Johnny Isakson R-GA (amendment), Lindsey Graham R-SC, Maria Cantwell D-WA, Mark Udall D-CO, Michael F. Bennet D-CO (amendment), Mike Lee R-UT (amendment), Patrick J. Toomey R-PA (amendment), Rand Paul R-KY (amendment), Richard J. Durbin D-IL, Tim Johnson D-SDMay 15, 2012
SenateDebate and remarks S3107, S3122, S3123Harry Reid D-NV, Sherrod Brown D-OHMay 14, 2012
Senate · ExtensionsDebate and remarks E764, S3051–S3053, S3058, S3062–S3065, S3069, S3070Amendments S3091, S3092, S3093Motions S3051Cloture motions S3070Benjamin L. Cardin D-MD (cloture motion), Bob Corker R-TN (amendment), Charles E. Schumer D-NY (cloture motion), Daniel K. Inouye D-HI (cloture motion), David Vitter R-LA (amendment), Harry Reid D-NV (cloture motion, motion), Jack Reed D-RI (cloture motion), Jim DeMint R-SC (amendment), Jon Kyl R-AZ, Kay R. Hagan D-NC (cloture motion), Kent Conrad D-ND (cloture motion), Laura Richardson D-CA, Maria Cantwell D-WA (cloture motion), Mark Begich D-AK (cloture motion), Mark R. Warner D-VA, Mark Udall D-CO (cloture motion), Michael F. Bennet D-CO (cloture motion), Mike Lee R-UT (amendment), Patrick J. Leahy D-VT (cloture motion), Patrick J. Toomey R-PA (amendment), Rand Paul R-KY (amendment), Richard Blumenthal D-CT (cloture motion), Richard J. Durbin D-IL (cloture motion), Sherrod Brown D-OH (cloture motion), Tim Johnson D-SD (cloture motion), Tom Udall D-NM (cloture motion)May 10, 2012
HouseDebate and remarks H2459, H2460–H2481Text printed H2460–H2464Recorded votes H2490enactBlaine Luetkemeyer R-MO, Carolyn B. Maloney D-NY, Carolyn McCarthy D-NY, Chaka Fattah D-PA, Chris Van Hollen D-MD, Donald A. Manzullo R-IL, Eliot L. Engel D-NY, Eric Cantor R-VA, Gary G. Miller R-CA, Gene Green D-TX, James E. Clyburn D-SC, John Campbell R-CA, Lois Capps D-CA, Mike Kelly R-PA, Norman D. Dicks D-WA, Richard E. Neal D-MA, Rick Larsen D-WA, Robert J. Dold R-IL, Ron Paul R-TX, Ruben Hinojosa D-TX, Sander M. Levin D-MI, Steny H. Hoyer D-MD, Tom McClintock R-CAMay 9, 2012

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

Congressional Budget Office cost estimate

  1. Aug 1, 2011H.R. 2072, Securing American Jobs Through Exports Act of 2011Cost estimate for the bill as ordered reported by the House Committee on Financial Services on June 22, 2011

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1 (relating to the general welfare of the United States); and Article I, Section 8, Clause 3 (relating to the power to regulate interstate commerce).

The sponsor’s statement, as printed in the page H3869.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 112-294STAKEHOLDER PERSPECTIVES ON REAUTHORIZATION OF THE EXPORT-IMPORT BANK OF THE UNITED STATES61 pagesBanking, Housing, and Urban Affairs CommitteeJun 30, 2011

CRS reports 9

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 9

Products on other subjects that cite it, usually among other measures.

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 2099No description on fileDavid Vitter R-LASenate amendment submitted
SA 2100To phase out the authority of the Export-Import Bank of the United States and to require the President to initiate negotiations with other major exporting countries to end subsidized export financing programs.Mike Lee R-UTAmendment SA 2100, under the order of 5/14/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 12 - 86. Record Vote Number: 91.
SA 2101To prohibit the Export-Import Bank of the United States from providing financing to a person or for a project in a country the government or central bank of which holds debt instruments of the United States.Rand Paul R-KYAmendment SA 2101, under the order of 5/14/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 9 - 89. Record Vote Number: 92.
SA 2102To require the Export-Import Bank of the United States to provide financing only for transactions subsidized by export credit agencies of other countries or for which private sector financing is unavailable or prohibitively expensive and to require the Bank to maintain a ratio of capital to the outstanding principal balance of loans and loan guarantees of not less than 10 percent.Bob Corker R-TNAmendment SA 2102, under the order of 5/14/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 36 - 62. Record Vote Number: 93.
SA 2103To clarify the requirement that the Export-Import Bank of the United States not make or guarantee loans that are subordinate to other loans, to restrict financing of certain fossil fuel projects in foreign countries, and to prohibit financing of renewable energy products manufactured in foreign countries.David Vitter R-LAAmendment SA 2103, under the order of 5/14/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 94.

Titles 6

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
Securing American Jobs Through Exports Act of 2011
Short Titles as Reported to House
Securing American Jobs Through Exports Act of 2011
Short Titles as Passed House
Export-Import Bank Reauthorization Act of 2012
Short Titles as Passed Senate
Export-Import Bank Reauthorization Act of 2012
Short Titles as Enacted
Export-Import Bank Reauthorization Act of 2012

Subjects

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

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. May 9, 2012Placed on Calendar Senate
  3. May 9, 2012Engrossed in House
  4. Sep 8, 2011Reported in House
  5. Jun 1, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.