SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Export 
Finance Agency Act of 2019’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
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 
UNITED STATES. 
(a) IN GENERAL.—The Export-Import Bank of the 
United States is hereby redesignated as the United States 
Export Finance Agency. 
(b) REFERENCES.—Any reference to the Export-Im-
port Bank of the United States in any law, rule, regula-
tion, certificate, directive, instruction, or other official 
paper in force on the date of the enactment of this Act
is deemed a reference to the United States Export Finance 
Agency. 
SEC. 4. AUTHORIZATION PERIOD. 
Section 7 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635f) is amended by striking ‘‘2019’’ and in-
serting ‘‘2029’’. 
SEC. 5. AGGREGATE LOAN, GUARANTEE, AND INSURANCE 
AUTHORITY. 
Section 6(a)(2) of the Export-Import Bank Act of 
1945 (12 U.S.C. 635e(a)(2)) is amended to read as fol-
lows: 
‘‘(2) APPLICABLE AMOUNT DEFINED.—In this 
subsection, the term ‘applicable amount’ means— 
‘‘(A) $145,000,000,000 for fiscal year 
2020; 
‘‘(B) $150,000,000,000 for fiscal year 
2021; 
‘‘(C) $155,000,000,000 for fiscal year 
2022; 
‘‘(D) $160,000,000,000 for fiscal year 
2023; 
‘‘(E) $165,000,000,000 for fiscal year 
2024; 
‘‘(F) $170,000,000,000 for fiscal year 
2025; and
‘‘(G) $175,000,000,000 for each of fiscal 
years 2026 through 2029.’’. 
SEC. 6. OFFICE OF MINORITY AND WOMEN INCLUSION. 
(a) IN GENERAL.—Section 3(i) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635a(i)) is amended to read 
as follows: 
‘‘(i) OFFICE
OF MINORITY
AND WOMEN INCLU-
SION.— 
‘‘(1) ESTABLISHMENT.—The Agency shall es-
tablish an Office of Minority and Women Inclusion 
which shall be responsible for carrying out this sub-
section and all matters relating to diversity in man-
agement, employment, and business activities in ac-
cordance with such standards and requirements as 
the Director of the Office shall establish. 
‘‘(2) TRANSFER
OF
RESPONSIBILITIES.—The 
Agency shall ensure that, to the extent that the re-
sponsibilities described in paragraph (1) (or com-
parable responsibilities) were, as of the date of the 
enactment of this subsection, performed by another 
office of the Agency, the responsibilities shall be 
transferred to the Office. 
‘‘(3) DUTIES WITH RESPECT TO CIVIL RIGHTS 
LAWS.—The responsibilities described in paragraph 
(1) shall not include enforcement of statutes, regula-
tions, or executive orders pertaining to civil rights, 
except that the Director of the Office shall coordi-
nate with the President of the Agency, or the des-
ignee of the President of the Agency, regarding the 
design and implementation of any remedies resulting 
from violations of the statutes, regulations, or execu-
tive orders. 
‘‘(4) TRAINING.—The Agency shall make avail-
able to its employees appropriate inclusion and di-
versity training, not less frequently than every 2 
years, to ensure employees have an understanding of 
the specific challenges facing minority- and women- 
owned businesses. 
‘‘(5) DIRECTOR.— 
‘‘(A) IN GENERAL.—The Director of the 
Office shall be appointed by, and shall report 
directly to, the President of the Agency. The 
position of Director of the Office shall be a ca-
reer reserved position in the Senior Executive 
Service, as that position is defined in section 
3132 of title 5, United States Code, or an 
equivalent designation. 
‘‘(B) DUTIES.—The Director shall— 
‘‘(i) develop standards for equal em-
ployment opportunity and diversity in race,
ethnicity, gender, sexual orientation, and 
gender identity of the workforce and senior 
management of the Agency; 
‘‘(ii) develop standards for increased 
participation 
of 
minority-owned 
and 
women-owned businesses in the programs 
and contracts of the Agency, including 
standards for coordinating technical assist-
ance to the businesses; and 
‘‘(iii) enhance the outreach activities 
of the Agency with respect to, and increase 
the total amount of loans, guarantees, and 
insurance provided by the Agency to sup-
port exports by socially and economically 
disadvantaged small business concerns (as 
defined in section 8(a)(4) of the Small 
Business Act) and small business concerns 
owned by women. 
‘‘(C) OTHER DUTIES.—The Director shall 
advise the President of the Agency on the im-
pact of the policies of the Agency on minority- 
owned and women-owned businesses. 
‘‘(6) INCLUSION IN ALL LEVELS OF BUSINESS 
ACTIVITIES.—
‘‘(A) CONTRACTS.—The Director of the 
Office shall develop and implement standards 
and procedures to ensure, to the maximum ex-
tent possible, the inclusion and utilization of 
minorities (as defined in section 1204(c) of the 
Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 1811 
note), which definition is deemed, for purposes 
of this subparagraph, to include American Indi-
ans, Native Hawaiians (as defined in section 
103 of the Native American Languages Act (25 
U.S.C. 2902)), and Alaska Natives (defined as 
a member of any Indian tribe (as defined in 
section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304)) 
that is based in the State of Alaska)) and 
women, and minority- and women-owned busi-
nesses (as such terms are defined in section 
21A(r)(4) of the Federal Home Loan Bank Act 
(12 U.S.C. 1441a(r)(4)) in all business and ac-
tivities of the Agency at all levels, including in 
procurement, insurance, and all types of con-
tracts. The processes established by the Agency 
for review and evaluation for contract proposals 
and to hire service providers shall include a
component that gives consideration to the diver-
sity of the applicant. 
‘‘(B) 
APPLICABILITY.—This 
paragraph 
shall apply to all contracts for services of any 
kind, including all contracts for all business and 
activities of the Agency, at all levels. 
‘‘(C) OUTREACH.—The Agency shall estab-
lish a minority outreach program to ensure the 
inclusion (to the maximum extent practicable) 
of contracts entered into with the enterprises of 
minorities and women and businesses owned by 
minorities and women, including financial insti-
tutions, investment banking firms, under-
writers, accountants, brokers, and providers of 
legal services. 
‘‘(7) DIVERSITY IN AGENCY WORKFORCE.—The 
Agency shall take affirmative steps to seek diversity 
in its workforce at all levels of the Agency consistent 
with the demographic diversity of the United States, 
in a manner consistent with applicable law, includ-
ing— 
‘‘(A) to the extent the Agency engages in 
recruitment efforts to fill vacancies— 
‘‘(i) recruiting at historically Black 
colleges and universities, Hispanic-serving
institutions, Asian American- and Native 
American Pacific Islander-serving institu-
tions, Tribal colleges and universities, 
women’s colleges, community colleges, and 
colleges that typically serve majority mi-
nority populations; and 
‘‘(ii) recruiting at job fairs in urban 
communities, and placing employment ad-
vertisements in print and digital media ori-
ented toward women and people of color; 
‘‘(B) partnering with organizations that 
are focused on developing opportunities for mi-
norities and women to place talented young mi-
norities and women in industry internships (in-
cluding paid internships), summer employment, 
and full-time positions; and 
‘‘(C) by use of any other mass media com-
munications that the Director of the Office de-
termines necessary.’’. 
(b) INCLUSION IN ANNUAL REPORT.—Section 8 of 
such Act (12 U.S.C. 635g) is amended by adding at the 
end the following: 
‘‘(l) OFFICE
OF MINORITY
AND WOMEN INCLU-
SION.—
‘‘(1) IN GENERAL.—The Agency shall include in 
its annual report to the Congress under subsection 
(a) a report from the Office of Minority and Women 
Inclusion regarding the actions taken by the Agency 
and the Office pursuant to section 3(i), which shall 
include— 
‘‘(A) a statement of the total amounts paid 
by the Agency to contractors since the most re-
cent report under this subsection; 
‘‘(B) the percentage of the amounts de-
scribed in subparagraph (A) that were paid to 
contractors as described in section 3(i)(5)(A); 
‘‘(C) the successes achieved and challenges 
faced by the Agency in operating minority and 
women outreach programs; 
‘‘(D) a description of the progress made by 
the Agency in supporting exports by minority- 
owned small business concerns and the progress 
made by the Agency in supporting small busi-
ness concerns owned by women, including esti-
mates of the amounts made available to finance 
exports directly by both categories of small 
business concerns, a comparison of these 
amounts with the amounts made available to all 
small business concerns, and a comparison of
such amounts with the amounts so made avail-
able during the 2 preceding years; 
‘‘(E) the challenges the Agency may face 
in hiring qualified minority and women employ-
ees and contracting with qualified minority- 
owned and women-owned businesses; and 
‘‘(F) any other information, findings, con-
clusions, and recommendations for legislative or 
Agency action, as the Director of the Office 
deems appropriate. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) MINORITY-OWNED SMALL BUSINESS 
CONCERN.—The term ‘minority-owned small 
business concern’ has the meaning given the 
term ‘socially and economically disadvantaged 
small business concern’ under section 8(a)(4) of 
the Small Business Act. 
‘‘(B) SMALL
BUSINESS
CONCERN.—The 
term ‘small business concern’ has the meaning 
given that term under section 3(a) of the Small 
Business Act.’’. 
(c) CONFORMING AMENDMENT.—Section 8(f) of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635g(f)) is 
amended— 
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5) through 
(8) as paragraphs (4) through (7), respectively. 
(d) ADDITIONAL
ADVISORY
COMMITTEE
MEM-
BERS.—Section 3(d) of such Act (12 U.S.C. 635a(d)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘17’’ 
and inserting ‘‘19’’; and 
(B) in subparagraph (B), by inserting 
‘‘higher education,’’ before ‘‘State’’; and 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(D) One member appointed to the Advisory Com-
mittee shall be representative of 4-year institutions of 
higher education. 
‘‘(E) One member appointed to the Advisory Com-
mittee shall be representative of community colleges.’’. 
SEC. 7. SUPPORT FOR UNITED STATES TERRITORIES. 
(a) CREATION OF THE OFFICE OF TERRITORIAL EX-
PORTING.—Section 3 of the Export-Import Bank Act of 
1945 (12 U.S.C. 635a) is amended by adding at the end 
the following: 
‘‘(n) OFFICE OF TERRITORIAL EXPORTING.—
Guam, the Commonwealth of the Northern Mariana 
Islands, and American Samoa.’’. 
(b) ANNUAL REPORT.—Section 8 of such Act (12 
U.S.C. 635g), as amended by section 6(b) of this Act, is 
amended by adding at the end the following: 
‘‘(m) REPORT
ON
ACTIVITIES
IN
THE
TERRI-
TORIES.—The Agency shall include in its annual report 
to Congress under subsection (a) a report on the steps 
taken by the Agency in the period covered by the report 
to increase— 
‘‘(1) awareness of the Agency and its services 
in the territories; and 
‘‘(2) the provision of Agency support to export 
businesses in the territories. 
‘‘(n) REPORT
ON CONSULTATIONS WITH POTEN-
TIALLY IMPACTED COMMUNITIES.—The Agency shall in-
clude in its annual report to Congress under subsection 
(a) of this section a report on the steps taken by the Agen-
cy to consult with affected communities, including affected 
workers, pursuant to section 11(a)(2).’’. 
SEC. 8. ALTERNATIVE PROCEDURES DURING QUORUM 
LAPSE. 
(a) IN GENERAL.—Section 3(c)(6) of the Export-Im-
port Bank Act of 1945 (12 U.S.C. 635a(c)(6)) is amend-
ed—
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 
(2) by adding at the end the following: 
‘‘(B)(i) If there is an insufficient number of directors 
to constitute a quorum under subparagraph (A) for 90 
consecutive days during the term of a President of the 
United States, a temporary Board, consisting of the fol-
lowing members, shall act in the stead of the Board of 
Directors: 
‘‘(I) The United States Trade Representative. 
‘‘(II) The Secretary of the Treasury. 
‘‘(III) The Secretary of Commerce. 
‘‘(IV) The members of the Board of Directors. 
‘‘(ii) If, at a meeting of the temporary Board— 
‘‘(I) a member referred to in clause (i)(IV) is 
present, the meeting shall be chaired by such a 
member, consistent with Agency bylaws; or 
‘‘(II) no such member is present, the meeting 
shall be chaired by the United States Trade Rep-
resentative. 
‘‘(iii) A member described in subclause (I), (II), or 
(III) of clause (i) may delegate the authority of the mem-
ber to vote on whether to authorize a transaction, whose 
value does not exceed $100,000,000, to—
‘‘(I) if the member is the United States Trade 
Representative, the Deputy United States Trade 
Representative; or 
‘‘(II) if the member is referred to in such sub-
clause (II) or (III), the Deputy Secretary of the de-
partment referred to in the subclause. 
‘‘(iv) If the temporary Board consists of members of 
only one political party, the President of the United States 
shall, to the extent practicable, appoint to the temporary 
Board a qualified member of a different political party 
who occupies a position requiring nomination by the Presi-
dent, by and with the consent of the Senate. 
‘‘(v) The temporary board may not change or amend 
Agency policies, procedures, bylaws, or guidelines. 
‘‘(vi) The temporary Board shall expire at the end 
of the term of the President of the United States in office 
at the time the temporary Board was constituted or upon 
restoration of a quorum of the Board of Directors as de-
fined in subparagraph (A). 
‘‘(vii) With respect to a transaction that equals or 
exceeds $100,000,000, the Chairperson of the temporary 
Board shall ensure that the Agency complies with section 
2(b)(3).’’. 
(b) TERMINATION.—The amendments made by sub-
section (a) shall have no force or effect after the 10-year
period that begins with the date of the enactment of this 
Act. 
SEC. 9. STRENGTHENING SUPPORT FOR UNITED STATES 
SMALL BUSINESSES. 
(a) SMALL BUSINESS POLICY.—Section 2(b)(1) of 
the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(1)) is amended by striking subparagraph (E)(i)(I) 
and inserting the following: 
‘‘(E)(i)(I) It is further the policy of the United States 
to encourage the participation of small business (including 
women-owned businesses, minority-owned businesses, vet-
eran-owned businesses, businesses owned by persons with 
disabilities, and businesses in rural areas) and start-up 
businesses in international commerce, and to educate such 
businesses about how to export goods using the United 
States Export Finance Agency.’’. 
(b) OUTREACH.— 
(1) PLAN.—Within 120 days after the date of 
the enactment of this Act, the United States Export 
Finance Agency shall prepare and 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 com-
prehensive outreach plan to ensure that small busi-
ness owners are aware of the financing options avail-
able to them through the Agency. The plan shall in-
clude— 
(A) input from the Small Business Admin-
istration and statewide small business coalitions 
with operations in rural, urban, and suburban 
regions; 
(B) an emphasis on outreach to businesses 
owned by women, minorities, veterans, persons 
with disabilities, and individuals self-identifying 
as lesbian, gay, bisexual, transgender, or queer; 
(C) an emphasis on outreach to businesses 
that export goods and services that are pro-
duced by Indian tribes and that are made, as-
sembled, or otherwise derived on or from an In-
dian tribe’s Indian land (as defined in section 
2601(2) of the Energy Policy Act of 1992 (25 
U.S.C. 2501(2)); 
(D) a proposed budget for carrying out the 
plan during fiscal years 2020 through 2029, 
that provides for the spending of at least 
$1,000,000 annually for outreach to small busi-
nesses; and 
(E) an emphasis on outreach to small busi-
nesses in sectors impacted by retaliatory tariffs.
(2) REPORT ON ACTIVITIES IN ECONOMICALLY 
DISADVANTAGED REGIONS.—Section 8 of such Act 
(12 U.S.C. 635g), as amended by sections 6(b) and 
7(b) of this Act, is amended by adding at the end 
the following: 
‘‘(n) REPORT ON ACTIVITIES IN ECONOMICALLY DIS-
ADVANTAGED REGIONS.— 
‘‘(1) IN GENERAL.—The Agency shall include in 
its annual report to Congress under subsection (a) 
a report on the steps taken by the Agency in the pe-
riod covered by the report to increase— 
‘‘(A) awareness of the Agency and its serv-
ices in economically disadvantaged regions; and 
‘‘(B) the provision of Agency support to 
export businesses in economically disadvantaged 
regions. 
‘‘(2) DEFINITION.—In paragraph (1), the term 
‘economically disadvantaged region’ means a county 
or equivalent division of local government of a State 
in which, according to the most recently available 
data from the Bureau of the Census, 20 percent or 
more of the residents have an annual income that is 
at or below the poverty level.’’.
(3) IMPLEMENTATION.—Section 2(b)(1)(E) of 
such Act (12 U.S.C. 635(b)(1)(E)) is amended by 
adding at the end the following: 
‘‘(xi) After consultation with the Committee on Fi-
nancial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate, the Agency shall implement the outreach plan 
referred to in section 9(b)(1) of the United States Export 
Finance Agency Act of 2019.’’. 
(c) EXCLUSION
OF UNUTILIZED INSURANCE AU-
THORITY IN CALCULATING SMALL BUSINESS THRESH-
OLD.—Section 2(b)(1)(E)(v) of such Act (12 U.S.C. 
635(b)(1)(E)(v)) is amended by adding at the end the fol-
lowing: ‘‘For the purpose of calculating the amounts of 
authority required under this clause, the Agency shall, 
with respect to insurance, exclude unutilized authoriza-
tions that terminated during the fiscal year.’’. 
(d) INCREASE IN SMALL BUSINESS THRESHOLD.— 
(1) IN
GENERAL.—Section 2(b)(1)(E)(v) of 
such Act (12 U.S.C. 635(b)(1)(E)(v)) is amended by 
striking ‘‘25’’ and inserting ‘‘30’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2028.
(e) REPORT
ON ACTIVITIES SUPPORTING INDIAN 
TRIBES.—Section 8 of such Act (12 U.S.C. 635g), as 
amended by the preceding provisions of this Act, is amend-
ed by adding at the end the following: 
‘‘(n) REPORT ON ACTIVITIES SUPPORTING INDIAN 
TRIBES.—The Agency shall include in its annual report 
to Congress under subsection (a) a report on the steps 
taken by the Agency in the period covered by the report 
to increase— 
‘‘(1) awareness of the Agency and its services 
available to Indian tribes; and 
‘‘(2) the provision of Agency support to tribal 
export businesses.’’. 
SEC. 10. ENHANCING FLEXIBILITY TO RESPOND TO PREDA-
TORY EXPORT FINANCING BY CHINA. 
(a) DEEMING RULE UNDER TIED AID CREDIT PRO-
GRAM.—Section 10(b)(5)(B)(i)(III) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635i–3(b)(5)(B)(i)(III)) is 
amended by adding at the end the following new sentence: 
‘‘The requirement that there be credible evidence of a his-
tory of a foreign export credit agency making offers not 
subject to the Arrangement is deemed met in the case of 
exports likely to be supported by official financing from 
the People’s Republic of China, unless the Secretary of 
the Treasury has reported to the Committee on Financial
Services of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of the 
Senate that China is in substantial compliance with the 
Arrangement.’’. 
(b) COLLABORATION WITH USDA ON EXPORT FI-
NANCING PROGRAMS.—Section 13(1)(A) of such Act (12 
U.S.C. 635i–7(1)(A)) is amended by inserting ‘‘, the De-
partment of Agriculture,’’ before ‘‘and other Federal agen-
cies’’. 
SEC. 11. RESTRICTION ON FINANCING FOR CERTAIN ENTI-
TIES. 
Section 2 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635) is amended by adding at the end the fol-
lowing: 
‘‘(l) RESTRICTION ON FINANCING FOR CERTAIN EN-
TITIES.— 
‘‘(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date of the enactment of this 
subsection, the Board of Directors may not approve 
a transaction that is subject to approval by the 
Board with respect to the provision by the Agency 
of any guarantee, insurance, or extension of credit, 
or the participation by the Agency in any extension 
of credit for which the end user, obligor, or lender 
is described in paragraph (2).
‘‘(2) PROHIBITED
END
USER, OBLIGOR, OR 
LENDER.—An end user, obligor, or lender is de-
scribed in this paragraph if the end user, obligor, or 
lender is known to the Agency to be: 
‘‘(A) The People’s Liberation Army of the 
People’s Republic of China. 
‘‘(B) The Ministry of State Security of the 
People’s Republic of China. 
‘‘(C) Included on the Denied Persons List 
or the Entity List maintained by the Bureau of 
Industry and Security of the Department of 
Commerce. 
‘‘(D) Included on the Arms Export Control 
Act debarred list maintained by the Directorate 
of Defense Trade Controls of the Department 
of State. 
‘‘(E) Any person who has paid a criminal 
fine or penalty pursuant to a conviction or reso-
lution or settlement agreement with the Depart-
ment of Justice for a violation of the Foreign 
Corrupt Practices Act in the preceding 3 years. 
‘‘(F) A person who, in the preceding 3 
years, appeared on the Annual Intellectual 
Property Report to Congress by the Intellectual 
Property Enforcement Coordinator in the Exec-
utive Office of the President, if the person was 
convicted in any court. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) PERSON.—The term ‘person’ means 
an individual or entity. 
‘‘(B) ENTITY.—The term ‘entity’ means a 
partnership, association, trust, joint venture, 
corporation, group, subgroup, or other organi-
zation.’’. 
SEC. 12. PROHIBITIONS ON FINANCING FOR CERTAIN PER-
SONS INVOLVED IN SANCTIONABLE ACTIVI-
TIES. 
Section 2 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635), as amended by section 11 of this Act, 
is amended by adding at the end the following: 
‘‘(m) PROHIBITIONS ON FINANCING FOR CERTAIN 
PERSONS INVOLVED IN SANCTIONABLE ACTIVITIES.— 
‘‘(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date of the enactment of this 
subsection, the Board of Directors of the Agency 
may not approve any transaction that is subject to 
approval by the Board with respect to the provision 
by the Agency of any guarantee, insurance, or exten-
sion of credit, or the participation by the Agency in 
any extension of credit, to a person in connection
with the exportation of any good or service unless 
the person provides the certification described in 
paragraph (2). 
‘‘(2) CERTIFICATION DESCRIBED.—The certifi-
cation described in this paragraph is a certification 
by a person who is an end user, obligor, or lender 
that neither the person nor any other person owned 
or controlled by the person engages in any activity 
in contravention of any United States law, regula-
tion, or order applicable to the person concerning— 
‘‘(A) trade and economic sanctions, includ-
ing an embargo; 
‘‘(B) the freezing or blocking of assets of 
designated persons; 
‘‘(C) sanctions relating to serious viola-
tions of human rights or free speech, including 
any sanctions— 
‘‘(i) 
imposed 
under 
the 
Global 
Magnitsky Human Rights Accountability 
Act; 
‘‘(ii) related to the efforts to the Chi-
nese government to limit or punish dem-
onstrations in Hong Kong;
‘‘(iii) related to the political repression 
or detention of religious and ethnic minori-
ties in China or Burma; or 
‘‘(iv) related to the gross violation of 
internationally recognized human rights 
(as defined in section 502B of the Foreign 
Assistance Act of 1961) in China; 
‘‘(D) sanctions relating to the illegal traf-
ficking of synthetic opioids, including any sanc-
tions imposed pursuant to the Foreign Nar-
cotics Kingpin Designation Act; 
‘‘(E) sanctions relating to human rights 
abuses, including engaging in human traf-
ficking, including sex trafficking, and any sanc-
tions imposed under Executive Order No. 
13581 (Blocking Property of Transnational 
Criminal Organizations); or 
‘‘(F) other restrictions on exports, imports, 
investment, payments, or other transactions 
targeted at particular persons or countries. 
‘‘(3) 
CERTIFICATION
REQUIREMENTS.—The 
certification described in paragraph (2) shall be 
made after reasonable due diligence and based on 
best knowledge and belief.’’.
SEC. 13. PROMOTING RENEWABLE ENERGY EXPORTS, ENVI-
RONMENTAL AND SOCIAL STANDARDS, AND 
ACCOUNTABILITY. 
(a) OFFICE OF FINANCING FOR RENEWABLE EN-
ERGY, ENERGY EFFICIENCY AND ENERGY STORAGE EX-
PORTS.—Section 2(b)(1)(C) of the Export-Import Bank 
Act of 1945 (12 U.S.C. 635(b)(1)(C)) is amended to read 
as follows: 
‘‘(C) OFFICE OF FINANCING FOR RENEWABLE EN-
ERGY, ENERGY EFFICIENCY AND ENERGY STORAGE.— 
The President of the Agency shall establish an office 
whose functions shall be to promote the export of goods 
and services to be used in the development, production, 
and distribution of renewable energy resources, and energy 
efficiency (including battery electric vehicles, batteries for 
electric vehicles, and electric vehicle charging infrastruc-
ture) and energy storage technologies, and disseminate in-
formation concerning export opportunities and the avail-
ability of Agency support for such activities, to increase 
the total amount of loans, guarantees, and insurance pro-
vided by the Agency to support exports related to renew-
able energy, energy efficiency (including battery electric 
vehicles, batteries for electric vehicles, and electric vehicle 
charging infrastructure), and energy storage.’’.
(b) ENVIRONMENTAL POLICY AND PROCEDURES.— 
Section 11(a) of such Act (12 U.S.C. 635i–5(a)) is amend-
ed— 
(1) in paragraph (1)— 
(A) in the second sentence, by inserting ‘‘, 
including to potentially impacted communities 
in the country in which the activity will be car-
ried out, at least 60 days before the date of the 
vote,’’ before ‘‘and supplemental’’; 
(B) by inserting after the second sentence 
the following: ‘‘The procedures shall include a 
requirement for an analysis of the environ-
mental and social impacts, including worker im-
pacts and anticipated health impacts and costs, 
of the proposed activity and of alternatives to 
the proposed activity, including mitigation 
measures, where appropriate.’’; and 
(C) in the third sentence, by striking ‘‘The 
preceding sentence’’ and inserting ‘‘This para-
graph’’; 
(2) by redesignating paragraph (2) as para-
graph (7) and inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CONSULTATIONS WITH POTENTIALLY IM-
PACTED COMMUNITIES.—In any credit or common
terms agreements to which the Agency is a party re-
lating to a transaction described in paragraph (1), 
the Agency shall include a provision to ensure that 
robust consultations with potentially impacted com-
munities, including affected workers, in the country 
in which the activity will be carried out have been 
and will continue to be carried out throughout the 
project cycle. 
‘‘(3) ENVIRONMENTAL AND SOCIAL DUE DILI-
GENCE PROCEDURES AND GUIDELINES REVIEW.—By 
the end of 2020 and once at the end of each subse-
quent 3-year period, the Board of Directors of the 
Agency shall complete a review of the Environmental 
and Social Due Diligence Procedures and Guidelines 
ensuring that the procedures and guidelines incor-
porate requirements for project consideration that 
are consistent to limit greenhouse gas emissions and, 
to the maximum extent possible, to affirm that the 
Board operates consistently with the multilateral en-
vironmental agreements to which the United States 
is a party that are directly related to transactions in 
which the Agency is involved. 
‘‘(4) The Agency shall operate consistently with 
Annex VI of the Arrangement on Officially Sup-
ported 
Export 
Credits, 
as 
adopted 
by 
the
Organisation for Economic Co-operation and Devel-
opment as of January 2019. 
‘‘(5) The Agency shall make publicly available 
the estimated amounts of CO2 emissions expected to 
be produced from pending projects that the Agency 
has designated as Category A and B projects and 
work with other export credit agencies to encourage 
them to do the same. 
‘‘(A) The Agency shall report CO2 emis-
sions associated with projects that the Agency 
has designated as Category A and B fossil fuel 
projects in its annual report by product cat-
egories. 
‘‘(B) The Agency shall advocate within the 
OECD and other multilateral fora for the full 
reporting of CO2 emissions associated with ap-
propriate energy and non-energy projects in-
cluding manufacturing and agriculture. 
‘‘(C) The Agency shall undertake periodic 
reviews with stakeholders to ensure that the 
Agency employs the most appropriate method-
ology of estimating and tracking the CO2 emis-
sions from Category A and B projects the 
Agency supports.
‘‘(6) The Agency shall develop and maintain 
measures to provide increased financing support for 
evolving technologies that reduce CO2 emissions. 
‘‘(A) The Agency shall develop and main-
tain measures to encourage foreign buyers to 
seek available, commercially viable technology to 
reduce the CO2 footprint of projects. 
‘‘(B) The Agency shall develop and main-
tain initiatives to finance aspects of project de-
velopment that reduce or mitigate CO2 emis-
sions, such as effective carbon capture and se-
questration technology, while maintaining the 
competitiveness of United States exporters. 
‘‘(C) In coordination with the Department 
of the Treasury, the Agency shall advocate in 
international fora for the availability of financ-
ing incentives for low to net zero CO2-emitting 
projects, a common methodology for evaluating 
and taking into account the social cost of car-
bon. 
‘‘(D) The Agency shall encourage export 
credit agencies and other relevant lending insti-
tutions to adopt similar CO2 policies, including 
encouraging transparency and the involvement 
of stakeholders.’’; and
(3) in paragraph (7) (as so redesignated by 
paragraph (2) of this subsection), by striking ‘‘para-
graph (1)’’ and inserting ‘‘this subsection’’. 
(c) ANNUAL REPORT TO CONGRESS.—Section 11(c) 
of such Act (12 U.S.C. 635i–5(c)) is amended to read as 
follows: 
‘‘(c) INCLUSION
IN
ANNUAL
REPORT
TO
CON-
GRESS.—The Agency shall include in its annual report to 
Congress under section 8 a summary of its activities under 
subsections (a) and (b). The Board of Directors shall sub-
mit to the Congress a report, which shall be made publicly 
available on the Internet at the time of delivery— 
‘‘(1) that provides a detailed accounting of the 
methodology used to make greenhouse gas emissions 
project determinations; 
‘‘(2) details the steps taken to ensure that the 
Environmental and Social Due Diligence Procedures 
and Guidelines of the Agency are consistent with— 
‘‘(A) reducing greenhouse gas emissions; 
and 
‘‘(B) operating consistently with the multi-
lateral environmental agreements to which the 
United States is a party that are directly re-
lated to transactions in which the Agency is in-
volved; and
‘‘(3) details the effects of exports and projects 
financed by the Agency on the number of jobs cre-
ated or retained in the energy and related tech-
nologies industries of the United States.’’. 
(d) FINANCING FOR RENEWABLE ENERGY, ENERGY 
EFFICIENCY, AND ENERGY STORAGE TECHNOLOGIES.— 
Section 2(b)(1)(K) of such Act (12 U.S.C. 635(b)(1)(K)) 
is amended by inserting ‘‘, energy efficiency (including 
battery electric vehicles, batteries for electric vehicles, and 
electric vehicle charging infrastructure), and energy stor-
age. It shall be a goal of the Bank to ensure that not 
less than 5 percent of the applicable amount (as defined 
in section 6(a)(2)) is made available each fiscal year for 
the financing of renewable energy, energy efficiency (in-
cluding battery electric vehicles, batteries for electric vehi-
cles, and electric vehicle charging infrastructure), and en-
ergy storage technology exports’’ before the period. 
(e) SENSE OF THE CONGRESS REGARDING AGENCY 
ACCOUNTABILITY.—It is the sense of the Congress that— 
(1) the Board of Directors of the United States 
Export Finance Agency (in this section referred to 
as the ‘‘Agency’’) should, after a public consultation 
process, establish a formal, transparent, and inde-
pendent accountability mechanism to review, inves-
tigate, offer independent dispute resolution to re-
solve, and publicly report on allegations by affected 
parties of any failure of the Agency to follow its own 
policies and procedures with regard to the environ-
mental and social impacts of projects, including im-
pacts on workers, and on situations where the Agen-
cy is alleged to have failed in ensuring the borrower 
is fulfilling its obligations in financing agreements 
with respect to the policies and procedures; 
(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 impacts 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 impacted 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; 
(6) in coordination with the accountability 
mechanism, the Agency and relevant parties should 
engage in proactive outreach to communities im-
pacted or potentially impacted 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 three ex-
perts, 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— 
(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. 
‘‘(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 
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. 
‘‘(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: