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Code · BILL · 116th Congress · H.R. 4863 (Engrossed in House) — To promote the competitiveness of the United States, to reform and reauthorize the United States Export Finance Agenc... · Sec. 6

Sec. 6. Office of Minority and Women Inclusion

1,214 words·~6 min read·/bill/116/hr/4863/eh/section-6

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Section 3(i) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635a(i) ) is amended to read as follows: The Agency shall establish an Office of Minority and Women Inclusion which shall be responsible for carrying out this subsection and all matters relating to diversity in management, employment, and business activities in accordance with such standards and requirements as the Director of the Office shall establish. The Agency shall ensure that, to the extent that the responsibilities described in paragraph
(1)(or comparable 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. The responsibilities described in paragraph
(1)shall not include enforcement of statutes, regulations, or executive orders pertaining to civil rights, except that the Director of the Office shall coordinate with the President of the Agency, or the designee of the President of the Agency, regarding the design and implementation of any remedies resulting from violations of the statutes, regulations, or executive orders. The Agency shall make available to its employees appropriate inclusion and diversity training, not less frequently than every 2 years, to ensure employees have an understanding of the specific challenges facing minority- and women-owned businesses. 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 career 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. The Director shall— develop standards for equal employment opportunity and diversity in race, ethnicity, gender, sexual orientation, and gender identity of the workforce and senior management of the Agency; 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 assistance to the businesses; and 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 support 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. The Director shall advise the President of the Agency on the impact of the policies of the Agency on minority-owned and women-owned businesses. The Director of the Office shall develop and implement standards and procedures to ensure, to the maximum extent 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 Indians, 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 businesses (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 activities of the Agency at all levels, including in procurement, insurance, and all types of contracts. 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 diversity of the applicant. 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. The Agency shall establish 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 institutions, investment banking firms, underwriters, accountants, brokers, and providers of legal services. 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, including— to the extent the Agency engages in recruitment efforts to fill vacancies— recruiting at historically Black colleges and universities, Hispanic-serving institutions, Asian American- and Native American Pacific Islander-serving institutions, Tribal colleges and universities, women’s colleges, community colleges, and colleges that typically serve majority minority populations; and recruiting at job fairs in urban communities, and placing employment advertisements in print and digital media oriented toward women and people of color; partnering with organizations that are focused on developing opportunities for minorities and women to place talented young minorities and women in industry internships (including paid internships), summer employment, and full-time positions; and by use of any other mass media communications that the Director of the Office determines necessary. . Section 8 of such Act ( 12 U.S.C. 635g ) is amended by adding at the end the following: 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 statement of the total amounts paid by the Agency to contractors since the most recent report under this subsection; the percentage of the amounts described in subparagraph
(A)that were paid to contractors as described in section 3(i)(5)(A); the successes achieved and challenges faced by the Agency in operating minority and women outreach programs; 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 business concerns owned by women, including estimates 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 available during the 2 preceding years; the challenges the Agency may face in hiring qualified minority and women employees and contracting with qualified minority-owned and women-owned businesses; and any other information, findings, conclusions, and recommendations for legislative or Agency action, as the Director of the Office deems appropriate. In this subsection: 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. The term small business concern has the meaning given that term under section 3(a) of the Small Business Act. . Section 8(f) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(f) ) is amended— by striking paragraph (4); and by redesignating paragraphs
(5)through
(8)as paragraphs
(4)through (7), respectively. Section 3(d) of such Act ( 12 U.S.C. 635a(d) ) is amended— in paragraph (1)— in subparagraph (A), by striking 17 and inserting 19 ; and in subparagraph (B), by inserting higher education, before State ; and in paragraph (2), by adding at the end the following: One member appointed to the Advisory Committee shall be representative of 4-year institutions of higher education. One member appointed to the Advisory Committee shall be representative of community colleges. .
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