(2) the accountability mechanism should be able 
to provide advice to management on policies, proce-
dures, guidelines, resources, and systems established 
to ensure adequate review and monitoring of the en-
vironmental and social effects of projects; 
(3) in carrying out its mandate, the confiden-
tiality of sensitive business information should be re-
spected, as appropriate, and, in consultation with 
potentially affected communities, project sponsors, 
Agency management, and other relevant parties, a 
flexible process should be followed aimed primarily 
at correcting project failures and achieving better re-
sults on the ground; 
(4) the accountability mechanism should be 
independent of the line operations of management, 
and report its findings and recommendations directly 
to the Board of Directors of the Agency and annu-
ally to the Congress; 
(5) the annual report of the Agency should in-
clude a detailed accounting of the activities of the 
accountability mechanism for the year covered by 
the report and the remedial actions taken by the 
Agency in response to the findings of the account-
ability mechanism; 
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(6) in coordination with the accountability 
mechanism, the Agency and relevant parties should 
engage in proactive outreach to communities af-
fected or potentially affected by Agency financing 
and activities to provide information on the existence 
and availability of the accountability mechanism; 
(7) the President of the Agency should, subject 
to the approval of the Board of Directors of the 
Agency, and consistent with applicable law, through 
an open and competitive process, including solicita-
tion of input from relevant stakeholders, appoint a 
director of the accountability mechanism, who would 
be responsible for the day-to-day operations of the 
mechanism, and a panel of not less than 3 experts, 
including the director, who would also serve as chair 
of the panel; and 
(8) the accountability mechanism director and 
members of the panel should not have been em-
ployed by the Agency within the 5 years preceding 
their appointment, and should be ineligible from fu-
ture employment at the Agency. 
SEC. 14. REINSURANCE PROGRAM. 
Section 51008 of the Fixing America’s Surface 
Transportation Act (12 U.S.C. 635 note) is amended— 
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(1) in the section heading, by striking 
‘‘PILOT’’; 
(2) in subsection (a), by striking ‘‘pilot’’; 
(3) 
in 
subsection 
(b)(1), 
by 
striking 
‘‘$1,000,000,000’’ and inserting ‘‘$2,000,000,000’’; 
and 
(4) by striking subsections (c) through (e) and 
inserting the following: 
‘‘(c) FACTORS
FOR CONSIDERATION
IN REINSUR-
ANCE POOLS.—In implementing this section, the Agency 
shall, with respect to a reinsurance pool, pursue appro-
priate objectives to reduce risk and costs to the Agency, 
including by the following, to the extent practicable: 
‘‘(1) Ensuring a reasonable diversification of 
risks. 
‘‘(2) Including larger exposures where the pos-
sibility of default raises overall portfolio risk for the 
Agency. 
‘‘(3) Excluding transactions from the pool that 
are covered by first-loss protection. 
‘‘(4) Excluding transactions from the pool that 
are collateralized at a rate greater than standard 
market practice. 
‘‘(5) Diversifying reinsurance pools by industry 
and other appropriate factors. 
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‘‘(6) Exploring different time periods of cov-
erage. 
‘‘(7) Exploring both excess of loss structures on 
a per-borrower as well as an aggregate basis. 
‘‘(d) BIENNIAL REPORTS.—Not later than 1 year 
after the date of the enactment of this subsection, and 
every 2 years thereafter through 2029, the Agency shall 
submit to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a written report 
that contains an assessment of the use of the program 
carried out under subsection (a) since the most recent re-
port under this subsection. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit any authority of the Agen-
cy described in section 2(a)(1) of the Export-Import Bank 
Act of 1945.’’. 
SEC. 15. INFORMATION TECHNOLOGY SYSTEMS. 
Section 3(j) of the Export-Import Bank Act of 1945 
(12 U.S.C. 635a(j)) is amended— 
(1) in paragraph (1), by striking all that pre-
cedes subparagraph (A) and inserting the following: 
‘‘(1) IN GENERAL.—Subject to paragraphs (3) 
and (4), the Agency may use an amount equal to 
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1.25 percent of the surplus of the Agency during fis-
cal years 2020 through 2029 to—’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) 
LIMITATION.—The 
aggregate 
of 
the 
amounts used in accordance with paragraph (1) for 
fiscal years 2020 through 2029 shall not exceed 
$40,000,000.’’. 
SEC. 16. ADMINISTRATIVELY DETERMINED PAY. 
Section 3 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635a), as amended by section 7(a) of this Act, 
is amended by adding at the end the following: 
‘‘(o) COMPENSATION OF EMPLOYEES.— 
‘‘(1) RATES
OF
PAY.—Subject to paragraph 
(2), the Board of Directors of the Agency, consistent 
with standards established by the Director of the Of-
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. 
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