[106th Congress Public Law 158]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ158.106]
[[Page 113 STAT. 1745]]
Public Law 106-158
106th Congress
An Act
To reauthorize <<NOTE: Dec. 9, 1999 - [H.R. 3381]>> the Overseas
Private Investment Corporation and the Trade and Development Agency, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Export Enhancement Act of
1999.>> assembled,
SECTION 1. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This Act may be cited as the ``Export Enhancement Act of 1999''.
SEC. 2. OPIC ISSUING AUTHORITY.
Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195a)(3)) is amended by striking ``1999'' and inserting ``2003''.
SEC. 3. IMPACT OF OPIC PROGRAMS.
(a) Additional Requirements.--Section 231A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191a) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Environmental Impact.--The Board of Directors of the
Corporation shall not vote in favor of any action proposed to be taken
by the Corporation that is likely to have significant adverse
environmental impacts that are sensitive, diverse, or unprecedented,
unless for at least 60 days before the date of the vote--
``(1) an environmental impact assessment or initial
environmental audit, analyzing the environmental impacts of the
proposed action and of alternatives to the proposed action has
been completed by the project applicant and made available to
the Board of Directors; and
``(2) such assessment or audit has been made available to
the public of the United States, locally affected groups in the
host country, and host country nongovernmental organizations.'';
and
(3) in subsection (c), as so redesignated--
(A) by inserting ``(1)'' before ``The Board''; and
(B) by adding at the end the following:
``(2) <<NOTE: Public hearing.>> In conjunction with each meeting of
its Board of Directors, the Corporation shall hold a public hearing in
order to afford an opportunity for any person to present views regarding
the activities of the Corporation. Such views shall be made part of the
record.''.
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(b) Effective Date.--The <<NOTE: 22 USC 2191a note.>> amendments
made by subsection (a) shall take effect 90 days after the date of the
enactment of this Act.
SEC. 4. BOARD OF DIRECTORS OF OPIC.
Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2193(b)) is amended--
(1) by striking the second and third sentences;
(2) in the fourth sentence by striking ``(other than the
President of the Corporation, appointed pursuant to subsection
(c) who shall serve as a Director, ex officio)'';
(3) in the second undesignated paragraph--
(A) by inserting ``the President of the Corporation,
the Administrator of the Agency for International
Development, the United States Trade Representative,
and'' after ``including''; and
(B) by adding at the end the following: ``The United
States Trade Representative may designate a Deputy
United States Trade Representative to serve on the Board
in place of the United States Trade Representative.'';
and
(4) by inserting after the second undesignated paragraph the
following:
``There shall be a Chairman and a Vice Chairman of the Board, both
of whom shall be designated by the President of the United States from
among the Directors of the Board other than those appointed under the
second sentence of the first paragraph of this subsection.''.
SEC. 5. TRADE AND DEVELOPMENT AGENCY.
(a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(a)) is amended by inserting before the period at the end
of the second sentence the following: ``, with special emphasis on
economic sectors with significant United States export potential, such
as energy, transportation, telecommunications, and environment''.
(b) Contributions of Costs.--Section 661(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the
end the following:
``(5) Contributions to costs.--The Trade and Development
Agency shall, to the maximum extent practicable, require
corporations and other entities to--
``(A) share the costs of feasibility studies and
other project planning services funded under this
section; and
``(B) reimburse the Trade and Development Agency
those funds provided under this section, if the
corporation or entity concerned succeeds in project
implementation.''.
(c) Funding.--Section 661(f ) of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(f )) is amended--
(1) in paragraph (1)(A) by striking ``$77,000,000'' and all
that follows through ``1996'' and inserting ``$48,000,000 for
fiscal year 2000 and such sums as may be necessary for each
fiscal year thereafter''; and
(2) in paragraph (2)(A), by striking ``in fiscal years'' and
all that follows through ``provides'' and inserting ``in
carrying out its program, provide, as appropriate, funds''.
SEC. 6. <<NOTE: 15 USC 4727a.>> IMPLEMENTATION OF PRIMARY OBJECTIVES OF
TPCC.
The Trade Promotion Coordinating Committee shall--
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(1) <<NOTE: Reports.>> report on the actions taken or
efforts currently underway to eliminate the areas of overlap and
duplication identified among Federal export promotion
activities;
(2) coordinate efforts to sponsor or promote any trade show
or trade fair;
(3) work with all relevant State and national organizations,
inclding the National Governors' Association, that have
established trade promotion offices;
(4) <<NOTE: Reports.>> report on actions taken or efforts
currently underway to promote better coordination between State,
Federal, and private sector export promotion activities,
including co-location, cost sharing between Federal, State, and
private sector export promotion programs, and sharing of market
research data; and
(5) <<NOTE: Deadline. Reports.>> by not later than March
30, 2000, and annually thereafter, include the matters addressed
in paragraphs (1), (2), (3), and (4) in the annual report
required to be submitted under section 2312(f ) of the Export
Enhancement Act of 1988 (15 U.S.C. 4727(f )).
SEC. 7. TIMING OF TPCC REPORTS.
Section 2312(f ) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(f )) is amended by striking ``September 30, 1995, and annually
thereafter,'' and inserting ``March 30 of each year,''.
Approved December 9, 1999.
LEGISLATIVE HISTORY--H.R. 3381:
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CONGRESSIONAL RECORD, Vol. 145 (1999):
Nov. 17, considered and passed House.
Nov. 19, considered and passed Senate.
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