H.R. 4863 - United States Export Finance Agency Act of 2019

Bill Text

    Rules Committee Print 116-36 PDF XML

    Showing the text of H.R. 4863, as ordered reported by the Committee on Financial Services, with modifications.

    Text of H.R. 4863 PDF XML

    (as reported)

    H. Rept. 116-271 PDF

    Report from the Committee on Financial Services to accompany H.R. 4863

    Comparative Print PDF

    Comparing the base document H.R. 4863, as reported, with the Rules Committee Print 116-36.

Rule Information

REPORTED BY A RECORD VOTE OF 9-3 on Wednesday, November 13, 2019.

Agreed to by record vote of 228-198, after agreeing to the previous question by record vote of 226-198, on Thursday, November 14, 2019.

MANAGERS: DeSaulnier/Woodall

1. Structured rule for H.R. 4863.
2. Provides one hour of general debate on the bill equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-36 shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Makes in order only those amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in the report.
8. Provides one motion to recommit with or without instructions.

9. Amends House Resolution 6 to extend the Select Committee on the Modernization of Congress until the conclusion of the One Hundred Sixteenth Congress.
10. Provides that House Resolution 661 is hereby adopted.
11. Provides that House Resolution 693 is hereby adopted.
12. Provides that a motion to discharge House Concurrent Resolution 70 shall be in order on November 21, 2019, if offered by Representative Gabbard, with 20 minutes of debate equally divided and controlled by Representative Gabbard and an opponent.
13. Provides that the provisions of section 7 of the War Powers Resolution (50 U.S.C. 1546) shall not apply during the remainder of the One Hundred Sixteenth Congress to House Concurrent Resolution 70.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Gonzalez, Anthony (OH)RepublicanRequires certain beneficiaries of Agency assistance to certify that they do not punish U.S. employees for expressing personal views on the Chinese government’s crackdown in Hong Kong, its political repression of religious and ethnic minorities in western China, or its violation of international recognized human rights.Submitted
2Version 1Rouda (CA)DemocratRequires the Director of the Office of Minority and Women Inclusion to develop standards to ensure diversity in race, ethnicity, gender, sexual orientation, and gender identity.Made in Order
3Version 1Rouda (CA)DemocratAdds businesses owned by LGBTQ individuals to the Agency's small business outreach plan.Made in Order
4Version 1McAdams (UT), Rose, Max (NY)DemocratExpands the prohibition of the Board of Directors from approving a transaction unless the person receiving the Agency’s support certifies that the person does not engage in any activity in contravention of any U.S. law, regulation, or order concerning “sanctions relating to the illegal trafficking of synthetic opioids, including any sanctions imposed pursuant to the Foreign Narcotics Kingpin Designation Act.”Made in Order
5Version 2Brown (MD)DemocratRevised Requires Agency employees to make available appropriate inclusion and diversity training and retraining to ensure employees understand the specific challenges facing minority- and women- owned businesses.Made in Order
6Version 1Brown (MD)DemocratWithdrawn Requires the Agency to include in its annual report to Congress a description of the challenges qualified minority and women employees face getting hired by the Agency, and a description of the challenges qualified minority-owned and women-owned businesses face competing for contracts.Withdrawn
7Version 1Barr (KY)RepublicanRestricts Export-Import Bank assistance to the Chinese government unless Congress finds that China is upholding its commitments with respect to Hong Kong under the Sino-British Joint Declaration, the international treaty that ensures Hong Kong’s freedoms.Submitted
8Version 1Huizenga (MI)RepublicanClarifies that the legislation’s disclosure procedures for projects apply to Export-Import Bank transactions, and that public availability of Bank information includes posting such information online.Submitted
9Version 1Case (HI), Young (AK)Bi-PartisanClarifies that, for the purpose of the Agency's Office of Minority and Women Inclusion, "minority" is understood to include Native Hawaiians and Alaska Natives.Made in Order
10Version 1Case (HI), Young (AK)Bi-PartisanRequires, as part of the Agency’s outreach plan to small businesses, an assessment of the geographical distribution of entities that have received export finance from the Agency and an outreach strategy to areas that have received disproportionately less engagement.Submitted
11Version 1Stevens (MI)DemocratRequires the United States Export Finance Agency to emphasize outreach to small businesses in sectors that have been impacted by retaliatory tariffs.Made in Order
12Version 1Curtis (UT)RepublicanCreates a congressional mandate to focus on financing clean energy technology, energy infrastructure, and production of natural resources in cases where a U.S. strategic competitor is competing against a U.S. exporter or in cases where a U.S. exporter is capable of fulfilling the contract in a more environmentally-friendly way.Submitted
13Version 1Rouda (CA)DemocratIncludes an emphasis on small business outreach to businesses focused on renewable energy, energy efficiency, energy storage, and environmental protection.Submitted
14Version 1Rouda (CA)DemocratExpresses the Sense of Congress that the United States Export Finance Agency’s activities related to renewable energy, energy efficiency, energy storage, and environmental protection are a strategic imperative for United States leadership in the 21st Century.Submitted
15Version 1Huffman (CA)DemocratCreates guidelines for reducing greenhouse emissions from supported projects.Submitted
16Version 1Posey (FL)RepublicanProhibits EXIM assistance involving the Chinese government unless POTUS certifies China does not make employment in the Tibet Autonomous Region conditional on denouncement of the Dalai Lama; and China has ceased human rights violations and abuses through repression, mass arbitrary detention, and high-technology surveillance against religious groups.Submitted
17Version 2Lucas (OK), Newhouse (WA), Kelly, Mike (PA), Moolenaar (MI), LaMalfa (CA), Mullin (OK), Rogers, Mike (AL), Hartzler (MO), Amodei (NV), Rice, Tom (SC), Johnson, Bill (OH), Long (MO), Carter, Buddy (GA), Simpson (ID), Bucshon (IN), Rose, John (TN), Herrera Beutler (WA), Grothman (WI), Rutherford (FL), Cole (OK), Marshall (KS), Wagner (MO), LaHood (IL), Reschenthaler (PA), Fitzpatrick (PA), Olson (TX), Gibbs (OH), Upton (MI), Baird (IN), Smith, Christopher (NJ), Thompson, Glenn (PA)RepublicanRevised Extends the authorization of the Export-Import Bank for 10-years under its current structure.Revised
18Version 2Lucas (OK), Newhouse (WA), Kelly, Mike (PA), Moolenaar (MI), LaMalfa (CA), Mullin (OK), Rogers, Mike (AL), Hartzler (MO), Long (MO), Carter, Buddy (GA), Kinzinger (IL), Rose, John (TN), Hollingsworth (IN), Herrera Beutler (WA), Grothman (WI), Fitzpatrick (PA), Marshall (KS), Upton (MI), Wagner (MO), LaHood (IL), Cole (OK), Bost (IL), Baird (IN), Thompson, Glenn (PA), Reschenthaler (PA)RepublicanRevised Extends the authorization of the Export-Import Bank for 10 years, raises the aggregate loan, guarantee, and insurance authority to $175 billion, and provides for a temporary Board of Directors during a quorum lapse.Revised
19Version 2Torres, Norma (CA), Cole (OK)Bi-PartisanRevised Requires the Agency to emphasize outreach to tribal export businesses and to include in their annual report a summary of those outreach efforts and the provision of Agency support to tribal export businesses.Made in Order
20Version 2Torres, Norma (CA)DemocratRevised Ensures that the Bank will not provide credit to any individual who is subject to sanctions related to serious violations of human rights or free speech, including in China and Burma.Made in Order
21Version 1Hill, French (AR)RepublicanProhibits the Bank from lending to a Chinese company unless the President reports that the company is not knowingly authorizing, engaging in, or facilitating the theft of U.S. intellectual property or the illicit transfer of technology from a U.S person.Submitted
22Version 2Pressley (MA)DemocratLate Withdrawn Requires the EXIM's environmental policies and procedures be comparable to the standards required of all federal action agencies.Withdrawn
23Version 1Burgess (TX)RepublicanLate Strikes Section 13 and creates the office of energy efficiency and clean energy exports which advises the EXIM board on ways to improve the export of goods and services that increase energy efficiency and clean energy abroad, requires the EXIM bank to consider energy affordability as well as environmental impacts before approving transactions, and requires the EXIM bank to include in its annual report the impacts of any transaction backed by the Bank on the cost of energy in the importing country and the estimated emissions reductions caused by exports financed by the Bank.Made in Order
24Version 1Ruiz (CA)DemocratLate Allows the US Export Finance Agency to use surplus funds to expand or establish additional regional finance centers.Made in Order
25Version 1Horn (OK)DemocratLate Requires the GAO to submit to Congress within one year of the bill’s enactment a report on the effect that closure of the U.S. Export Finance Agency would have on businesses that utilize the Agency’s services.Made in Order
26Version 2Levin, Andy (MI)DemocratLate Revised Clarifies that the Agency’s duty to consult with potentially impacted communities includes affected workers and that any Agency accountability mechanism should include consideration of effects on workers, and requires the Agency’s annual report to include the steps taken to consult with impacted communities (including affected workers).Made in Order
27Version 1Torres Small, Xochitl (NM)DemocratLate Prohibits the Bank from providing financing to a person involved in sanctionable activity relating to human rights abuses, specifically human trafficking including sex trafficking.Made in Order
28Version 1Meng (NY)DemocratLate Includes Asian American- and Native American Pacific Islander-serving Institutions in recruitment efforts to diversify the United States Export Finance Agency workforce.Made in Order
29Version 2Meng (NY)DemocratLate Revised Includes paid internships in recruitment efforts.Made in Order
30Version 1Meng (NY)DemocratLate In the United States Export Finance Agency’s outreach plan to ensure small business owners are aware of the financing options available to them through the Agency, to include a requirement that Small Business Development Centers (SBDC) provide such information to all SBDC clients.Submitted
31Version 1Meng (NY)DemocratLate Includes community colleges in recruitment efforts to diversify the United States Export Finance Agency.Made in Order
32Version 1Meng (NY)DemocratLate Amends 12 USC 635a(d) to add 2 additional advisory committee members – one who represent higher education of 4-year institutions and one who represent community colleges.Made in Order
33Version 1Tlaib (MI)DemocratLate Withdrawn Requires that the Export-Import Bank reduce financing greenhouse gas emissions associated with projects in the agency’s active portfolio by 50 percent over a five-year period and 100 percent over a ten-year period.Withdrawn
34Version 1Omar (MN)DemocratLate Requires reporting on any active investigations, allegations, or records of labor and human rights violations by the exporters and countries benefiting from Agency financing.Submitted
35Version 2Tlaib (MI)DemocratLate Revised Requires the Agency to submit an annual report to Congress about the Agency's activities in economically disadvantaged regions and efforts to support businesses in those regions. The amendment also defines economically disadvantaged regions.Made in Order
36Version 1Davidson (OH)RepublicanLate Prohibits Agency assistance for the governments of certain countries (including China and Mexico) unless the President certifies that the government is cooperating with the U.S. to prevent illegal trafficking of synthetic opioids.Made in Order
37Version 1Lamb (PA)DemocratLate Requires the Agency to detail the effects of exports and projects financed by the Agency on American jobs in the energy, and related technologies, industries.Made in Order
38Version 1Speier (CA)DemocratLate Clarifies that the Bank’s activities to support exports in energy efficiency technologies shall include activities to support exports in electric battery vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure.Made in Order