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fice of Minority and Women Inclusion, may set and 
adjust rates of basic pay for employees and new 
hires of the Agency without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code, except that no employee 
of the Agency may receive a rate of basic pay that 
exceeds the rate for level III of the Executive Sched-
ule under section 5313 of such title. 
‘‘(2) LIMITATIONS.—The Board of Directors of 
the Agency may not apply paragraph (1) to more 
than 35 employees at any point in time. Nothing in 
paragraph (1) may be construed to apply to any po-
sition of a confidential or policy-determining char-
acter that is excepted from the competitive service 
under section 3302 of title 5, United States Code, 
(pursuant to schedule C of subpart C of part 213 of 
title 5 of the Code of Federal Regulations) or to any 
position that would otherwise be subject to section 
5311 or 5376 of title 5, United States Code.’’. 
SEC. 17. AUTHORITY OF THE UNITED STATES EXPORT FI-
NANCE AGENCY TO USE 3 PERCENT OF ITS 
PROFITS FOR ADMINISTRATIVE EXPENSES. 
Section 3 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635a), as amended by the preceding provisions 
of this Act, is amended by adding at the end the following: 
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‘‘(p) AUTHORITY TO USE PORTION OF AGENCY SUR-
PLUS FOR ADMINISTRATIVE EXPENSES.— 
‘‘(1) AUTHORITY.— 
‘‘(A) IN GENERAL.—Subject to paragraph 
(2), in addition to any other amounts that the 
Agency may use to cover administrative ex-
penses of the Agency, the Agency may use not 
more than 3 percent of the surplus (as defined 
in subsection (j)(2), without regard to subpara-
graph (B)(ii) of such subsection) of the Agency, 
for each fiscal year in the 5-year period begin-
ning with the date of the enactment of this 
paragraph, to cover administrative expenses of 
the Agency. 
‘‘(B) USE
FOR
REGIONAL
OFFICES.—Of 
the amount of the surplus which may be used 
as provided in subparagraph (A), the Agency 
shall use at least one-third to expand or estab-
lish regional offices of the Agency. 
‘‘(2) SUBJECT TO APPROPRIATIONS.—The au-
thority provided by paragraph (1) may be exercised 
only to such extent and in such amounts as are pro-
vided in advance in appropriations Acts.’’. 
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SEC. 18. GAO REPORT ON THE EFFECT OF AGENCY CLO-
SURE ON BUSINESSES THAT USE AGENCY 
SERVICES. 
Within 1 year after the date of the enactment of this 
Act, the Comptroller General shall submit to the Congress 
a written report on the effect that closure of the United 
States Export Finance Agency would have on businesses 
that use services of the United States Export Finance 
Agency. 
Passed the House of Representatives November 15, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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