[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  CONFERENCE REPORT ON H.R. 4950, JOBS THROUGH TRADE EXPANSION ACT OF 
                                  1994

  Mr. GEJDENSON submitted the following conference report and statement 
on the bill (H.R. 4950) to extend the authorities of the Overseas 
Private Investment Corporation, and for other purposes:

                  Conference Report (H. Rept. 103-834)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4950) to extend the authorities of the Overseas Private 
     Investment Corporation, and for other purposes, having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Jobs Through Trade Expansion 
     Act of 1994''.
            TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION

     SEC. 101. RAISING CEILING ON INSURANCE.

       Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2195(a)(1)) is amended by striking ``$9,000,000,000'' 
     and inserting ``$13,500,000,000''.

     SEC. 102. RAISING CEILING ON FINANCING.

       Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2195(a)(2)) is amended to read as follows:
       ``(2) Financing.--(A) The maximum contingent liability 
     outstanding at any one time pursuant to financing issued 
     under subsections (b) and (c) of section 234 shall not exceed 
     in the aggregate $9,500,000,000.
       ``(B) Subject to spending authority provided in 
     appropriations Acts pursuant to section 504(b) of the Federal 
     Credit Reform Act of 1990, the Corporation is authorized to 
     transfer such sums as are necessary from its noncredit 
     activities to pay for the subsidy cost of the investment 
     guaranties and direct loan programs under subsections (b) and 
     (c) of section 234.''.

     SEC. 103. EXTENDING ISSUING AUTHORITY.

       Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2195(a)(3)) is amended by striking ``1994'' and 
     inserting ``1996''.

     SEC. 104. ADMINISTRATIVE EXPENSES.

       Section 235 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2195) is amended by striking subsection (g).

     SEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES.

       Paragraph (2) of the second undesignated paragraph of 
     section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2191) is amended by inserting after ``Recovery Act (19 U.S.C. 
     2702)'' the following: ``, Ireland, and Northern Ireland''.
                 TITLE II--TRADE AND DEVELOPMENT AGENCY

     SEC. 201. TRADE AND DEVELOPMENT AGENCY.

       Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2421(f)(1)) is amended--
       (1) by striking ``There are authorized'' and inserting 
     ``(A) There are authorized'';
       (2) by striking ``$55,000,000'' and all that follows and 
     inserting ``$77,000,000 for fiscal year 1995 and such sums as 
     are necessary for fiscal year 1996.''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Amounts appropriated pursuant to the authorization of 
     appropriations under subparagraph (A) are authorized to 
     remain available until expended.''.
  TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE 
                             ADMINISTRATION

     SEC. 301. EXPORT PROMOTION AUTHORIZATION.

       Section 202 of the Export Administration Amendments Act of 
     1985 (15 U.S.C. 4052) is amended to read as follows:

     ``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Department 
     of Commerce to carry out export promotion programs such sums 
     as are necessary for fiscal years 1995 and 1996.''
 TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Environmental Export 
     Promotion Act of 1994''.

     SEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS.

       (a) Environmental Technologies Trade Advisory Committee.--
     Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4728) is amended--
       (1) by striking subsection (d);
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Environmental Technologies Trade Advisory 
     Committee.--
       ``(1) Establishment and purpose.--The Secretary, in 
     carrying out the duties of the chairperson of the TPCC, shall 
     establish the Environmental Technologies Trade Advisory 
     Committee (hereafter in this section referred to as the 
     `Committee'). The purpose of the Committee shall be to 
     provide advice and guidance to the Working Group in the 
     development and administration of programs to expand United 
     States exports of environmental technologies, goods, and 
     services and products that comply with United States 
     environmental, safety, and related requirements.
       ``(2) Membership.--The members of the Committee shall be 
     drawn from representatives of--
       ``(A) environmental businesses, including small businesses;
       ``(B) trade associations in the environmental sector;
       ``(C) private sector organizations involved in the 
     promotion of environmental exports, including products that 
     comply with United States environmental, safety, and related 
     requirements;
       ``(D) States (as defined in section 2301(i)(5)) and 
     associations representing the States; and
       ``(E) other appropriate interested members of the public, 
     including labor representatives.

     The Secretary shall appoint as members of the Committee at 
     least 1 individual under each of subparagraphs (A) through 
     (E).
       ``(d) Export Plans for Priority Countries.--
       ``(1) Priority country identification.--The Working Group, 
     in consultation with the Committee, shall annually assess 
     which foreign countries have markets with the greatest 
     potential for the export of United States environmental 
     technologies, goods, and services. Of these countries the 
     Working Group shall select as priority countries 5 with the 
     greatest potential for the application of United States 
     Government export promotion resources related to 
     environmental exports.
       ``(2) Export plans.--The Working Group, in consultation 
     with the Committee, shall annually create a plan for each 
     priority country selected under paragraph (1), setting forth 
     in detail ways to increase United States environmental 
     exports to such country. Each such plan shall--
       ``(A) identify the primary public and private sector 
     opportunities for United States exporters of environmental 
     technologies, goods, and services in the priority country;
       ``(B) analyze the financing and other requirements for 
     major projects in the priority country which will use 
     environmental technologies, goods, and services, and analyze 
     whether such projects are dependent upon financial assistance 
     from foreign countries or multilateral institutions; and
       ``(C) list specific actions to be taken by the member 
     agencies of the Working Group to increase United States 
     exports to the priority country.''.
       (b) Additional Mechanisms To Promote Environmental 
     Exports.--Section 2313 of the Export Enhancement Act of 1988 
     is further amended by adding at the end the following:
       ``(f) Environmental Technologies Specialists in the United 
     States and Foreign Commercial Service.--
       ``(1) Assignment of environmental technologies 
     specialists.--The Secretary shall assign a specialist in 
     environmental technologies to the office of the United States 
     and Foreign Commercial Service in each of the 5 priority 
     countries selected under subsection (d)(1), and the Secretary 
     is authorized to assign such a specialist to the office of 
     the United States and Foreign Commercial Service in any 
     country that is a promising market for United States exports 
     of environmental technologies, goods, and services. Such 
     specialist may be an employee of the Department, an employee 
     of any relevant United States Government department or agency 
     assigned on a temporary or limited term basis to the Commerce 
     Department, or a representative of the private sector 
     assigned to the Department of Commerce.
       ``(2) Duties of environmental technologies specialists.--
     Each specialist assigned under paragraph (1) shall provide 
     export promotion assistance to United States environmental 
     businesses, including, but not limited to--
       ``(A) identifying factors in the country to which the 
     specialist is assigned that affect the United States share of 
     the domestic market for environmental technologies, goods, 
     and services, including market barriers, standards-setting 
     activities, and financing issues;
       ``(B) providing assessments of assistance by foreign 
     governments that is provided to producers of environmental 
     technologies, goods, and services in such countries in order 
     to enhance exports to the country to which the specialist is 
     assigned, the effectiveness of such assistance on the 
     competitiveness of United States products, and whether 
     comparable United States assistance exists;
       ``(C) training Foreign Commercial Service Officers in the 
     country to which the specialist is assigned, other countries 
     in the region, and United States and Foreign Commercial 
     Service offices in the United States, in environmental 
     technologies and the international environmental market;
       ``(D) providing assistance in identifying potential 
     customers and market opportunities in the country to which 
     the specialist is assigned;
       ``(E) providing assistance in obtaining necessary business 
     services in the country to which the specialist is assigned;
       ``(F) providing information on environmental standards and 
     regulations in the country to which the specialist is 
     assigned;
       ``(G) providing information on all United States Government 
     programs that could assist the promotion, financing, and sale 
     of United States environmental technologies, goods, and 
     services in the country to which the specialist is assigned; 
     and
       ``(H) promoting the equal treatment of United States 
     environmental, safety, and related requirements, with those 
     of other exporting countries, in order to promote exports of 
     United States-made products.
       ``(g) Environmental Training in One-Stop Shops.--In 
     addition to the training provided under subsection (f)(2)(C), 
     the Secretary shall establish a mechanism to train--
       ``(1) Commercial Service Officers assigned to the one-stop 
     shops provided for in section 2301(b)(8), and
       ``(2) Commercial Service Officers assigned to district 
     offices in districts having large numbers of environmental 
     businesses,

     in environmental technologies and in the international 
     environmental marketplace, and ensure that such officers 
     receive appropriate training under such mechanism. Such 
     training may be provided by officers or employees of the 
     Department of Commerce, and other United States Government 
     departments and agencies, with appropriate expertise in 
     environmental technologies and the international 
     environmental workplace, and by appropriate representatives 
     of the private sector.
       ``(h) International Regional Environmental Initiatives.--
       ``(1) Establishment of initiatives.--The TPCC may establish 
     one or more international regional environmental initiatives 
     the purpose of which shall be to coordinate the activities of 
     Federal departments and agencies in order to build 
     environmental partnerships between the United States and the 
     geographic region outside the United States for which such 
     initiative is established. Such partnerships shall enhance 
     environmental protection and promote sustainable development 
     by using in the region technical expertise and financial 
     resources of United States departments and agencies that 
     provide foreign assistance and by expanding United States 
     exports of environmental technologies, goods, and services to 
     that region.
       ``(2) Activities.--In carrying out each international 
     regional environmental initiative, the TPCC shall--
       ``(A) support, through the provision of foreign assistance, 
     the development of sound environmental policies and practices 
     in countries in the geographic region for which the 
     initiative is established, including the development of 
     environmentally sound regulatory regimes and enforcement 
     mechanisms;
       ``(B) identify and disseminate to United States 
     environmental businesses information regarding specific 
     environmental business opportunities in that geographic 
     region;
       ``(C) coordinate existing Federal efforts to promote 
     environmental exports to that geographic region, and ensure 
     that such efforts are fully coordinated with environmental 
     export promotion efforts undertaken by the States and the 
     private sector;
       ``(D) increase assistance provided by the Federal 
     Government to promote exports from the United States of 
     environmental technologies, goods, and services to that 
     geographic region, such as trade missions, reverse trade 
     missions, trade fairs, and programs in the United 
     States to train foreign nationals in United States 
     environmental technologies; and
       ``(E) increase high-level advocacy by United 
     States Government officials (including the United States 
     ambassadors to the countries in that geographic region) for 
     United States environmental businesses seeking market 
     opportunities in that geographic region.
       ``(i) Environmental Technologies Project Advocacy Calendar 
     and Information Dissemination Program.--The Working Group 
     shall--
       ``(1) maintain a calendar, updated at the end of each 
     calendar quarter, of significant opportunities for United 
     States environmental businesses in foreign markets and trade 
     promotion events, which shall--
       ``(A) be made available to the public;
       ``(B) identify the 50 to 100 environmental infrastructure 
     and procurement projects in foreign markets that have the 
     greatest potential in the calendar quarter for United States 
     exports of environmental technologies, goods, and services; 
     and
       ``(C) include trade promotion events, such as trade 
     missions and trade fairs, in the environmental sector; and
       ``(2) provide, through the National Trade Data Bank and 
     other information dissemination channels, information on 
     opportunities for environmental businesses in foreign markets 
     and information on Federal export promotion programs.
       ``(j) Environmental Technology Export Alliances.--Subject 
     to the availability of appropriations for such purpose, the 
     Secretary is authorized to use the Market Development 
     Cooperator Program to support the creation on a regional 
     basis of alliances of private sector entities, nonprofit 
     organizations, and universities, that support the export of 
     environmental technologies, goods, and services and promote 
     the export of products complying with United States 
     environmental, safety, and related requirements.
       ``(k) Definition.--For purposes of this section, the term 
     `environmental business' means a business that produces 
     environmental technologies, goods, or services.''.
       TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY

     SEC. 501. ESTABLISHMENT OF PROGRAM.

       (a) In General.--In carrying out part I of the Foreign 
     Assistance Act of 1961 and other relevant foreign assistance 
     laws, the President, acting through the Administrator of the 
     United States Agency for International Development, shall 
     establish a program of training and other technical 
     assistance to assist foreign countries in--
       (1) developing and strengthening laws and regulations to 
     protect intellectual property; and
       (2) developing the infrastructure necessary to implement 
     and enforce such laws and regulations.
       (b) Participation of Other Agencies.--The Administrator of 
     the United States Agency for International Development--
       (1) shall utilize the expertise of the Patent and Trademark 
     Office and other agencies of the United States Government in 
     designing and implementing the program of assistance provided 
     for in this section;
       (2) shall coordinate assistance under this section with 
     efforts of other agencies of the United States Government to 
     increase international protection of intellectual property, 
     including implementation of international agreements 
     containing high levels of protection of intellectual 
     property; and
       (3) shall consult with the heads of such other agencies in 
     determining which foreign countries will receive assistance 
     under this section.
       And the Senate agree to the same.

     From the Committee on Foreign Affairs, for consideration of 
     the House bill, and the Senate amendment, and modifications 
     committed to conference.

     Lee H. Hamilton,
     Sam Gejdenson,
     James L. Oberstar,
     Benjamin A.Gilman,
     Toby Roth,

     As additional conferees from the Committee on Energy and 
     Commerce, for consideration of title IV of the House bill, 
     and modifications committed to conference:

     John D. Dingell,
     Cardiss Collins,
     Carlos J. Moorhead,
                                Managers on the Part of the House.

     Claiborne Pell,
     Paul Sarbanes,

     From the Committee on Banking, Housing, and Urban Affairs for 
     consideration of titles III and IV of the House bill, and 
     modifications committed to conference:

     Don Riegle,
     Paul Sarbanes,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on 
     amendment of the Senate to the bill (H.R. 4950) to extend the 
     authorities of the Overseas Private Investment Corporation, 
     and for other purposes, submit the following joint statement 
     to the House and the Senate in explanation of the effect of 
     the action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.

            Title I--Overseas Private Investment Corporation

       The House bill (title I) reauthorizes the Overseas Private 
     Investment Corporation (OPIC) rewriting sections 231-240B of 
     the Foreign Assistance Act of 1961.
       Substantively, the House bill makes the following changes 
     in the existing OPIC authority: (1) extends OPIC's authority 
     through fiscal year 1997; (2) amends the eligibility criteria 
     for participating countries, including making Ireland and 
     Northern Ireland eligible for all OPIC programs; (3) 
     establishes conditions and procedures under which OPIC must 
     cease its operations in a country; (4) updates and 
     consolidates guidelines and criteria for OPIC project 
     support; (5) brings OPIC's funding procedures into conformity 
     with the Federal Credit Reform Act of 1990; (6) raises the 
     maximum contingent liability for insurance form $9 billion in 
     current law to $15 billion; (7) broadens the maximum 
     contingent liability for guarantees to cover all financing, 
     setting an overall ceiling of $14.5 billion, with annual 
     program levels of $3 billion in fiscal year 1995, $4 billion 
     in fiscal year 1996, and $5 billion in fiscal year 1997; (8) 
     authorizes the creation of an equity fund and transfers $45 
     million from OPIC's noncredit activities into this fund; (9) 
     authorizes OPIC to transfer funds from its noncredit 
     activities to cover the cost of all its programs; and (10) 
     provides authority to extend direct loans to medium and large 
     businesses, whereas under current law direct loans may be 
     provided only to small companies.
       The Senate amendment (secs.) extends the authority of OPIC 
     for one year, raises the maximum contingent liability on 
     insurance from $9 billion to $12 billion, and raises the 
     ceiling on investment guarantees from $2.5 billion to $5 
     billion.
       The conference substitute (title I) does not rewrite OPIC's 
     authority, but includes the substantive sections extending 
     issuing authority and raising the liability ceilings. Whereas 
     the House bill extends OPIC's issuing authority for three 
     years and the Senate amendment extends it for one year, the 
     conference substitute provides two years' issuing authority. 
     The conference substitute sets the maximum contingent 
     liability on insurance at $13.5 billion, a compromise between 
     the Senate ceiling of $12 billion and the House ceiling of 
     $15 billion. On the question of combining direct investment 
     with guarantees under one contingent liability ceiling, the 
     conference substitute adopts the House language amending 
     current law, with minor modifications. The conference 
     substitute then raises the ceiling on financing to $9.5 
     billion and authorizes the transfer of funds from noncredit 
     activities to pay for the subsidy costs of direct loans and 
     guarantees, although the House provision setting annual 
     program levels for direct lending and investment guarantees 
     is not retained. The conference substitute also includes the 
     House language making Ireland and Northern Ireland eligible 
     for all OPIC programs.

                 Title II--Trade and Development Agency

       The House bill (title II) amends section 661 of the Foreign 
     Assistance Act to clarify that the Trade and Development 
     Agency (TDA) is an independent agency and that its purpose is 
     to promote U.S. private sector participation in developing 
     and middle-income countries in ways consistent with 
     environmentally sound and broad-based sustainable economic 
     development. Section 201 allows TDA to perform environmental 
     assessments, states that the Director of TDA reports directly 
     to the President, and provides that the Director of TDA is 
     responsible for providing an annual report of TDA's 
     activities to the appropriate congressional committees. 
     Section 201 also authorizes such sums as may be necessary for 
     TDA to effectively implement its programs for fiscal years 
     1995 and 1996. The funding is to remain available until 
     expended.
       The Senate amendment contains no comparable provision.
       The conference substitute (title II) eliminates the 
     amendments to the TDA's legal status and mandate, but retains 
     the sections authorizing appropriations for fiscal years 1995 
     and 1996 and allowing amounts appropriated to remain 
     available until expended. Whereas the House bill authorizes 
     such sums as are necessary for both fiscal years, the 
     conference substitute specifically authorizes $77 million in 
     fiscal year 1995, which represents the total of amounts 
     appropriated directly to TDA and transferred to TDA from 
     other agencies for that year.

  Title III--Export Promotion Programs Within the International Trade 
                             Administration

       The House bill (title III) amends section 202 of the Export 
     Administration Amendments Act of 1985 to authorize such sums 
     as may be necessary for the International Trade 
     Administration (ITA) to effectively implement its export 
     promotion programs for fiscal years 1995 and 1996.
       The Senate amendment contains no comparable provision.
       The conference substitute (title III) is identical to the 
     House bill.

       Title IV--Promotion of United States Environmental Exports

       The House bill (title IV) amends section 2313 of the Export 
     Enhancement Act of 1988 by adding several new subsections.
       New subsection 2313(c) requires the Secretary of Commerce 
     to establish the Environmental Technologies Trade Advisory 
     Committee. The Advisory Committee is to provide advice and 
     guidance to the Environmental Trade Working Group, 
     established by the Export Enhancement Act of 1992 as a 
     subgroup of the Trade Promotion Coordinating Committee 
     (TPCC).
       New subsection 2313(d) requires the Working Group annually 
     to identify the five foreign countries, with the greatest 
     potential for U.S. environmental exports, and to create and 
     implement a strategic plan for each.
       New subsection 2313(f) requires the Secretary of Commerce 
     to assign an environmental technologies specialist to the 
     Foreign Commercial Service (FCS) office in each of the five 
     priority countries.
       New subsection 2313(g) requires the Secretary of Commerce 
     to provide training in environmental technologies and the 
     international environmental marketplace to FCS officers at 
     the Department of Commerce's one-stop shops and district 
     offices in districts that have large numbers of environmental 
     businesses.
       New subsection 2313(h) requires the TPCC to establish one 
     or more international regional environmental initiatives. The 
     purpose of these initiatives is to coordinate the activities 
     of all Federal departments and agencies to build 
     environmental partnerships between the United States and 
     geographic regions of the world.
       New subsection 2313(i) establishes an Environmental 
     Technologies Project Advocacy Calendar and Information 
     Dissemination Program.
       New subsection 2313(j) establishes regional centers to 
     promote environmental exports.
       The Senate amendment contains no comparable provision.
       The conference substitute (title IV) is similar to the 
     House bill, with minor modifications. Subsection (h) of the 
     House bill states that the TPCC ``shall'' establish one or 
     more international regional environmental initiatives. The 
     conference agreement amends that ``shall'' to ``may''. 
     Subsection (i) is reorganized to provide greater clarity. 
     Finally, subsection (j) authorizes the Secretary of Commerce 
     to use the Market Development Cooperator Program to support 
     the creation of alliances of private sector entities, 
     nonprofit organizations and universities that support 
     environmental exports and promote the export of products 
     complying with U.S. environmental, safety, and related 
     requirements.

       Title V--International Protection of Intellectual Property

       The House bill (title V) directs the Agency for 
     International Development (AID) in conjunction with the 
     Department of Commerce Patent and Trademark Office, to 
     establish a program of training and technical assistance to 
     assist foreign countries in developing and strengthening laws 
     and regulations to protect intellectual property. The House 
     bill also authorizes assistance to countries in developing 
     the infrastructure needed to implement and enforce laws and 
     regulations related to intellectual property protection. 
     Funding is to be derived from existing AID accounts.
       The Senate amendment contains no comparable provision.
       The conference substitute (title V) is identical to the 
     House bill.

     From the Committee on Foreign Affairs, for consideration of 
     the House bill, and the Senate amendment, and modifications 
     committed to conference:

     Lee H. Hamilton,
     Sam Gejdenson,
     James J. Oberstar,
     Benjamin A. Gilman,
     Toby Roth,

     As additional conferees from the Committee on Energy and 
     Commerce, for consideration of title IV of the House bill, 
     and modifications committed to conference:

     John D. Dingell,
     Cardiss Collins,
     Carlos J. Moorhead
                                Managers on the Part of the House.

     Claiborne Pell,
     Paul Sarbanes

     From the Committee on Banking, Housing, and Urban Affairs for 
     consideration of titles III and IV of the House bill, and 
     modifications committed to conference:

     Don Riegle,
     Paul Sarbanes,
     Managers on the Part of the Senate.

                          ____________________