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-
tives of the United States of America in Congress assembled, 
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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 
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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 
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‘‘(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-
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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, 
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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.— 
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‘‘(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 
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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 
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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.— 
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‘‘(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 
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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 
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(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.— 
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‘‘(1) IN GENERAL.—The President of the Agen-
cy shall establish an Office of Territorial Exporting, 
the functions of which shall be to— 
‘‘(A) promote the export of goods and serv-
ices from the territories; 
‘‘(B) conduct outreach, education, and dis-
seminate information concerning export oppor-
tunities and the availability of Agency support 
for such activities; and 
‘‘(C) increase the total amount of loans, 
guarantees, and insurance provided by the 
Agency benefitting the territories. 
‘‘(2) STAFF.—The President of the Agency 
shall hire such staff as may be necessary to perform 
the functions of the Office, including— 
‘‘(A) at least one staffer responsible for 
liaising with Puerto Rico and the United States 
Virgin Islands; and 
‘‘(B) at least one staffer responsible for 
liaising with the United States territories of 
Guam, the Commonwealth of the Northern 
Mariana Islands, and American Samoa. 
‘‘(3) DEFINITION OF TERRITORY.—In this Act, 
the term ‘territory’ means the Commonwealth of 
Puerto Rico, the United States Virgin Islands, 
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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— 
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(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— 
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‘‘(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 
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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-
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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. 
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(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.’’. 
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(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. 
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(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 
VerDate Sep 11 2014 
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