United States Export Finance Agency Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 4863 IN THE SENATE OF THE UNITED STATES NOVEMBER 18, 2019 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To promote the competitiveness of the United States, to reform and reauthorize the United States Export Fi- nance Agency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4863 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘United States Export 2 Finance Agency Act of 2019’’. 3 SEC. 2. TABLE OF CONTENTS. 4 The table of contents of this Act is as follows: 5 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Renaming of the Export-Import Bank of the United States. Sec. 4. Authorization period. Sec. 5. Aggregate loan, guarantee, and insurance authority. Sec. 6. Office of Minority and Women Inclusion. Sec. 7. Support for United States territories. Sec. 8. Alternative procedures during quorum lapse. Sec. 9. Strengthening support for United States small businesses. Sec. 10. Enhancing flexibility to respond to predatory export financing by China. Sec. 11. Restriction on financing for certain entities. Sec. 12. Prohibitions on financing for certain persons involved in sanctionable activities. Sec. 13. Promoting renewable energy exports, environmental and social stand- ards, and accountability. Sec. 14. Reinsurance program. Sec. 15. Information technology systems. Sec. 16. Administratively determined pay. Sec. 17. Authority of the United States Export Finance Agency to use 3 per- cent of its profits for administrative expenses. Sec. 18. GAO report on the effect of Agency closure on businesses that use Agency services. SEC. 3. RENAMING OF THE EXPORT-IMPORT BANK OF THE 6 UNITED STATES. 7 (a) IN GENERAL.—The Export-Import Bank of the 8 United States is hereby redesignated as the United States 9 Export Finance Agency. 10 (b) REFERENCES.—Any reference to the Export-Im- 11 port Bank of the United States in any law, rule, regula- 12 tion, certificate, directive, instruction, or other official 13 paper in force on the date of the enactment of this Act 14 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4863 RFS is deemed a reference to the United States Export Finance 1 Agency. 2 SEC. 4. AUTHORIZATION PERIOD. 3 Section 7 of the Export-Import Bank Act of 1945 4 (12 U.S.C. 635f) is amended by striking ‘‘2019’’ and in- 5 serting ‘‘2029’’. 6 SEC. 5. AGGREGATE LOAN, GUARANTEE, AND INSURANCE 7 AUTHORITY. 8 Section 6(a)(2) of the Export-Import Bank Act of 9 1945 (12 U.S.C. 635e(a)(2)) is amended to read as fol- 10 lows: 11 ‘‘(2) APPLICABLE AMOUNT DEFINED.—In this 12 subsection, the term ‘applicable amount’ means— 13 ‘‘(A) $145,000,000,000 for fiscal year 14 2020; 15 ‘‘(B) $150,000,000,000 for fiscal year 16 2021; 17 ‘‘(C) $155,000,000,000 for fiscal year 18 2022; 19 ‘‘(D) $160,000,000,000 for fiscal year 20 2023; 21 ‘‘(E) $165,000,000,000 for fiscal year 22 2024; 23 ‘‘(F) $170,000,000,000 for fiscal year 24 2025; and 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4863 RFS ‘‘(G) $175,000,000,000 for each of fiscal 1 years 2026 through 2029.’’. 2 SEC. 6. OFFICE OF MINORITY AND WOMEN INCLUSION. 3 (a) IN GENERAL.—Section 3(i) of the Export-Import 4 Bank Act of 1945 (12 U.S.C. 635a(i)) is amended to read 5 as follows: 6 ‘‘(i) OFFICE OF MINORITY AND WOMEN INCLU- 7 SION.— 8 ‘‘(1) ESTABLISHMENT.—The Agency shall es- 9 tablish an Office of Minority and Women Inclusion 10 which shall be responsible for carrying out this sub- 11 section and all matters relating to diversity in man- 12 agement, employment, and business activities in ac- 13 cordance with such standards and requirements as 14 the Director of the Office shall establish. 15 ‘‘(2) TRANSFER OF RESPONSIBILITIES.—The 16 Agency shall ensure that, to the extent that the re- 17 sponsibilities described in paragraph (1) (or com- 18 parable responsibilities) were, as of the date of the 19 enactment of this subsection, performed by another 20 office of the Agency, the responsibilities shall be 21 transferred to the Office. 22 ‘‘(3) DUTIES WITH RESPECT TO CIVIL RIGHTS 23 LAWS.—The responsibilities described in paragraph 24 (1) shall not include enforcement of statutes, regula- 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 4863 RFS tions, or executive orders pertaining to civil rights, 1 except that the Director of the Office shall coordi- 2 nate with the President of the Agency, or the des- 3 ignee of the President of the Agency, regarding the 4 design and implementation of any remedies resulting 5 from violations of the statutes, regulations, or execu- 6 tive orders. 7 ‘‘(4) TRAINING.—The Agency shall make avail- 8 able to its employees appropriate inclusion and di- 9 versity training, not less frequently than every 2 10 years, to ensure employees have an understanding of 11 the specific challenges facing minority- and women- 12 owned businesses. 13 ‘‘(5) DIRECTOR.— 14 ‘‘(A) IN GENERAL.—The Director of the 15 Office shall be appointed by, and shall report 16 directly to, the President of the Agency. The 17 position of Director of the Office shall be a ca- 18 reer reserved position in the Senior Executive 19 Service, as that position is defined in section 20 3132 of title 5, United States Code, or an 21 equivalent designation. 22 ‘‘(B) DUTIES.—The Director shall— 23 ‘‘(i) develop standards for equal em- 24 ployment opportunity and diversity in race, 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 4863 RFS ethnicity, gender, sexual orientation, and 1 gender identity of the workforce and senior 2 management of the Agency; 3 ‘‘(ii) develop standards for increased 4 participation of minority-owned and 5 women-owned businesses in the programs 6 and contracts of the Agency, including 7 standards for coordinating technical assist- 8 ance to the businesses; and 9 ‘‘(iii) enhance the outreach activities 10 of the Agency with respect to, and increase 11 the total amount of loans, guarantees, and 12 insurance provided by the Agency to sup- 13 port exports by socially and economically 14 disadvantaged small business concerns (as 15 defined in section 8(a)(4) of the Small 16 Business Act) and small business concerns 17 owned by women. 18 ‘‘(C) OTHER DUTIES.—The Director shall 19 advise the President of the Agency on the im- 20 pact of the policies of the Agency on minority- 21 owned and women-owned businesses. 22 ‘‘(6) INCLUSION IN ALL LEVELS OF BUSINESS 23 ACTIVITIES.— 24 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 4863 RFS ‘‘(A) CONTRACTS.—The Director of the 1 Office shall develop and implement standards 2 and procedures to ensure, to the maximum ex- 3 tent possible, the inclusion and utilization of 4 minorities (as defined in section 1204(c) of the 5 Financial Institutions Reform, Recovery, and 6 Enforcement Act of 1989 (12 U.S.C. 1811 7 note), which definition is deemed, for purposes 8 of this subparagraph, to include American Indi- 9 ans, Native Hawaiians (as defined in section 10 103 of the Native American Languages Act (25 11 U.S.C. 2902)), and Alaska Natives (defined as 12 a member of any Indian tribe (as defined in 13 section 4 of the Indian Self-Determination and 14 Education Assistance Act (25 U.S.C. 5304)) 15 that is based in the State of Alaska)) and 16 women, and minority- and women-owned busi- 17 nesses (as such terms are defined in section 18 21A(r)(4) of the Federal Home Loan Bank Act 19 (12 U.S.C. 1441a(r)(4)) in all business and ac- 20 tivities of the Agency at all levels, including in 21 procurement, insurance, and all types of con- 22 tracts. The processes established by the Agency 23 for review and evaluation for contract proposals 24 and to hire service providers shall include a 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 4863 RFS component that gives consideration to the diver- 1 sity of the applicant. 2 ‘‘(B) APPLICABILITY.—This paragraph 3 shall apply to all contracts for services of any 4 kind, including all contracts for all business and 5 activities of the Agency, at all levels. 6 ‘‘(C) OUTREACH.—The Agency shall estab- 7 lish a minority outreach program to ensure the 8 inclusion (to the maximum extent practicable) 9 of contracts entered into with the enterprises of 10 minorities and women and businesses owned by 11 minorities and women, including financial insti- 12 tutions, investment banking firms, under- 13 writers, accountants, brokers, and providers of 14 legal services. 15 ‘‘(7) DIVERSITY IN AGENCY WORKFORCE.—The 16 Agency shall take affirmative steps to seek diversity 17 in its workforce at all levels of the Agency consistent 18 with the demographic diversity of the United States, 19 in a manner consistent with applicable law, includ- 20 ing— 21 ‘‘(A) to the extent the Agency engages in 22 recruitment efforts to fill vacancies— 23 ‘‘(i) recruiting at historically Black 24 colleges and universities, Hispanic-serving 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 4863 RFS institutions, Asian American- and Native 1 American Pacific Islander-serving institu- 2 tions, Tribal colleges and universities, 3 women’s colleges, community colleges, and 4 colleges that typically serve majority mi- 5 nority populations; and 6 ‘‘(ii) recruiting at job fairs in urban 7 communities, and placing employment ad- 8 vertisements in print and digital media ori- 9 ented toward women and people of color; 10 ‘‘(B) partnering with organizations that 11 are focused on developing opportunities for mi- 12 norities and women to place talented young mi- 13 norities and women in industry internships (in- 14 cluding paid internships), summer employment, 15 and full-time positions; and 16 ‘‘(C) by use of any other mass media com- 17 munications that the Director of the Office de- 18 termines necessary.’’. 19 (b) INCLUSION IN ANNUAL REPORT.—Section 8 of 20 such Act (12 U.S.C. 635g) is amended by adding at the 21 end the following: 22 ‘‘(l) OFFICE OF MINORITY AND WOMEN INCLU- 23 SION.— 24 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 4863 RFS ‘‘(1) IN GENERAL.—The Agency shall include in 1 its annual report to the Congress under subsection 2 (a) a report from the Office of Minority and Women 3 Inclusion regarding the actions taken by the Agency 4 and the Office pursuant to section 3(i), which shall 5 include— 6 ‘‘(A) a statement of the total amounts paid 7 by the Agency to contractors since the most re- 8 cent report under this subsection; 9 ‘‘(B) the percentage of the amounts de- 10 scribed in subparagraph (A) that were paid to 11 contractors as described in section 3(i)(5)(A); 12 ‘‘(C) the successes achieved and challenges 13 faced by the Agency in operating minority and 14 women outreach programs; 15 ‘‘(D) a description of the progress made by 16 the Agency in supporting exports by minority- 17 owned small business concerns and the progress 18 made by the Agency in supporting small busi- 19 ness concerns owned by women, including esti- 20 mates of the amounts made available to finance 21 exports directly by both categories of small 22 business concerns, a comparison of these 23 amounts with the amounts made available to all 24 small business concerns, and a comparison of 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 4863 RFS such amounts with the amounts so made avail- 1 able during the 2 preceding years; 2 ‘‘(E) the challenges the Agency may face 3 in hiring qualified minority and women employ- 4 ees and contracting with qualified minority- 5 owned and women-owned businesses; and 6 ‘‘(F) any other information, findings, con- 7 clusions, and recommendations for legislative or 8 Agency action, as the Director of the Office 9 deems appropriate. 10 ‘‘(2) DEFINITIONS.—In this subsection: 11 ‘‘(A) MINORITY-OWNED SMALL BUSINESS 12 CONCERN.—The term ‘minority-owned small 13 business concern’ has the meaning given the 14 term ‘socially and economically disadvantaged 15 small business concern’ under section 8(a)(4) of 16 the Small Business Act. 17 ‘‘(B) SMALL BUSINESS CONCERN.—The 18 term ‘small business concern’ has the meaning 19 given that term under section 3(a) of the Small 20 Business Act.’’. 21 (c) CONFORMING AMENDMENT.—Section 8(f) of the 22 Export-Import Bank Act of 1945 (12 U.S.C. 635g(f)) is 23 amended— 24 (1) by striking paragraph (4); and 25 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 4863 RFS (2) by redesignating paragraphs (5) through 1 (8) as paragraphs (4) through (7), respectively. 2 (d) ADDITIONAL ADVISORY COMMITTEE MEM- 3 BERS.—Section 3(d) of such Act (12 U.S.C. 635a(d)) is 4 amended— 5 (1) in paragraph (1)— 6 (A) in subparagraph (A), by striking ‘‘17’’ 7 and inserting ‘‘19’’; and 8 (B) in subparagraph (B), by inserting 9 ‘‘higher education,’’ before ‘‘State’’; and 10 (2) in paragraph (2), by adding at the end the 11 following: 12 ‘‘(D) One member appointed to the Advisory Com- 13 mittee shall be representative of 4-year institutions of 14 higher education. 15 ‘‘(E) One member appointed to the Advisory Com- 16 mittee shall be representative of community colleges.’’. 17 SEC. 7. SUPPORT FOR UNITED STATES TERRITORIES. 18 (a) CREATION OF THE OFFICE OF TERRITORIAL EX- 19 PORTING.—Section 3 of the Export-Import Bank Act of 20 1945 (12 U.S.C. 635a) is amended by adding at the end 21 the following: 22 ‘‘(n) OFFICE OF TERRITORIAL EXPORTING.— 23 VerDate Sep 11 2014 00:41 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4863.RFS H4863 pamtmann on DSKBC07HB2PROD with BILL [Text truncated for display. Full text available on Congress.gov.]