EXIM Bank Continuity in Competitiveness Act
- Sponsor
- Rep. Lawler, Michael [R-NY-17]
- Committees
- Financial Services Committee (primary)
- Last action
- Aug 27, 2026
Bottom line
This bill aims to ensure the continuous operation of the Export-Import Bank by adjusting the rules for its temporary Board of Directors during periods when a full quorum is not present.
What it actually does
This bill permanently reforms the quorum requirements for the Board of Directors of the Export-Import Bank of the United States. It reduces the period a temporary Board can operate without a full quorum from 120 days to 60 days and changes the expiration conditions for this temporary Board, tying its tenure to the succession of the President or the restoration of a full quorum. Additionally, it repeals a previous temporary provision related to EXIM Bank quorum requirements.
Proponents argue
Supporters argue this bill is crucial for maintaining the operational continuity and global competitiveness of the Export-Import Bank, preventing disruptions in its ability to approve transactions and support U.S. exports. They contend that clarifying and updating these rules will ensure the bank can function effectively even when Board nominations face delays, thereby safeguarding American jobs and businesses reliant on EXIM financing.
Opponents contend
Critics might argue that reducing the temporary board's operational period to 60 days could exacerbate quorum issues if new appointments are not made promptly, potentially leading to more frequent operational halts. They might also contend that tying the temporary board's expiration to a presidential term could allow an unconfirmed board to serve for an extended period, potentially diminishing accountability.
The bill is exceptionally short and uses clear language, making it very accessible for a reader to understand its provisions quickly.
Section 2, amending 12 U.S.C. 635a(c)(6)
Adjustment of Temporary Board Quorum Period and Expiration
This provision makes two key changes to how the Export-Import Bank's Board of Directors operates when it lacks a quorum. First, it reduces the maximum period a temporary Board can function without a full quorum from 120 days to 60 days. Second, it alters the expiration condition for this temporary Board, stating it will now expire either when the President who constituted it is succeeded in office or when a full quorum of the Board is restored, removing previous fixed-term limitations.
Supporters argue
Supporters argue these changes streamline the EXIM Bank's governance, ensuring that it can continue to operate and support U.S. exports without prolonged interruptions due to vacant Board positions. The revised expiration condition provides more flexibility and clarity, preventing arbitrary halts in operations.
Critics contend
Critics might contend that reducing the temporary operating period to 60 days could create more frequent crises if new Board members are not confirmed quickly, potentially leading to more operational halts. They may also argue that the new expiration condition could allow a temporary, unconfirmed board to serve for an extended period, potentially undermining accountability.
Tradeoffs
The bill balances the need for operational continuity with the principle of having a fully constituted, Senate-confirmed Board. Reducing the temporary period could force quicker action on nominations but also risks more frequent operational pauses if confirmations are slow. The new expiration condition offers stability but might extend the tenure of an unconfirmed board.
Section 3, amending Section 409 of division I of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94)
Repeal of Previous Temporary Quorum Provision
This section repeals a previous temporary provision (Section 409(b) of Public Law 116-94) that also addressed quorum requirements for the Export-Import Bank. This repeal ensures that the new, permanent reforms introduced by this bill are the sole governing rules for temporary Board operations, removing any potential conflicts or redundancies.