[Congressional Record Volume 145, Number 137 (Tuesday, October 12, 1999)]
[House]
[Pages H9899-H9901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1993

                       Offered By: Mr. Gejdenson

       Amendment No. 1: Insert the following after section 4 and 
     redesignate succeeding sections, and references thereto, 
     accordingly.

     SEC. 4. ENVIRONMENTAL 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.--
       ``(1) Environmental assessment or audit.--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,

[[Page H9900]]

     or unprecedented, unless for at least 60 days before the date 
     of the vote--
       ``(A) 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
       ``(B) 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.
       ``(2) Discussions with board members.--Prior to any 
     decision by the Corporation regarding insurance, reinsurance, 
     guarantees, or financing for any project, the President of 
     the Corporation or the President's designee shall meet with 
     at least one member of the public who is representative of 
     individuals who have concerns regarding any significant 
     adverse environmental impact of that project.
       ``(3) Consideration at board meetings.--In making its 
     decisions regarding insurance, reinsurance, guarantees, or 
     financing for any project, the Board of Directors shall fully 
     take into account any recommendations made by other 
     interested Federal agencies, interested members of the 
     public, locally affected groups in the host country, and host 
     country nongovernmental organizations with respect to the 
     assessment or audit described in paragraph (1) or any other 
     matter related to the environmental effects of the proposed 
     support to be provided by the Corporation for the project.''; 
     and
       (3) in subsection (c), as so redesignated, by striking 
     ``each year'' and inserting ``every 6 months''.
       (b) Study on Process for OPIC Assistance.--The Inspector 
     General of the Agency for International Development shall 
     review OPIC's procedures for undertaking to conduct 
     financing, insurance, and reinsurance operations in order to 
     determine whether OPIC receives sufficient information from 
     project applicants, agencies of the United States Government, 
     and members of the public of the United States and other 
     countries on the environmental impact of investments insured, 
     reinsured, or financed by OPIC. Not later than 120 days after 
     the date of the enactment of this Act, the Inspector General 
     shall report to the Committee on International Relations of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate on the results of its review. The 
     report shall include--
       (1) recommendations for ways in which the views of the 
     public could be better reflected in OPIC's procedures;
       (2) recommendations for what additional information should 
     be required of project applicants; and
       (3) recommendations for environmental standards that should 
     be used by OPIC in conducting its financing, insurance, and 
     reinsurance operations.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect 90 days after the date of the enactment of 
     this Act.

                               H.R. 1993

                       Offered By: Mr. Gejdenson

       Amendment No. 2: Insert the following after section 4 and 
     redesignate succeeding sections, and references thereto, 
     accordingly.

     SEC. 4. ENVIRONMENTAL 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.--
       ``(1) Environmental assessment or audit.--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--
       ``(A) 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
       ``(B) 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.
       ``(2) Consideration at board meetings.--In making its 
     decisions regarding insurance, reinsurance, guarantees, or 
     financing for any project, the Board of Directors shall fully 
     take into account any recommendations made by other 
     interested Federal agencies, interested members of the 
     public, locally affected groups in the host country, and host 
     country nongovernmental organizations with respect to the 
     assessment or audit described in paragraph (1) or any other 
     matter related to the environmental effects of the proposed 
     support to be provided by the Corporation for the project.''; 
     and
       (3) in subsection (c), as so redesignated, by striking 
     ``each year'' and inserting ``every 6 months''.
       (b) Study on Process for OPIC Assistance.--OPIC shall 
     review its procedures for undertaking to conduct financing, 
     insurance, and reinsurance operations in order to determine 
     whether OPIC receives sufficient information from project 
     applicants, agencies of the United States Government, and 
     members of the public of the United States and other 
     countries on the environmental impact of investments insured, 
     reinsured, or financed by OPIC. Not later than 120 days after 
     the date of the enactment of this Act, OPIC shall report to 
     the Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate on the results of its review. The report shall 
     include--
       (1) recommendations for ways in which the views of the 
     public could be better reflected in OPIC's procedures;
       (2) recommendations for what additional information should 
     be required of project applicants; and
       (3) recommendations for environmental standards that should 
     be used by OPIC in conducting its financing, insurance, and 
     reinsurance operations.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect 90 days after the date of the enactment of 
     this Act.

                               H.R. 1993

                       Offered By: Mr. Gejdenson

       Amendment No. 3: Insert the following after section 4 and 
     redesignate succeeding sections, and references thereto, 
     accordingly.

     SEC. 4. ENVIRONMENTAL 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.--
       ``(1) Environmental assessment or audit.--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--
       ``(A) 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
       ``(B) 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.
       ``(2) Discussions with board members.--Prior to any 
     decision by the Corporation regarding insurance, reinsurance, 
     guarantees, or financing for any project, a member or members 
     of the Board of Directors shall meet with at least one member 
     of the public who is representative of individuals who have 
     concerns regarding any significant adverse environmental 
     impact of that project.
       ``(3) Consideration at board meetings.--In making its 
     decisions regarding insurance, reinsurance, guarantees, or 
     financing for any project, the Board of Directors shall fully 
     take into account any recommendations made by other 
     interested Federal agencies, interested members of the 
     public, locally affected groups in the host country, and host 
     country nongovernmental organizations with respect to the 
     assessment or audit described in paragraph (1) or any other 
     matter related to the environmental effects of the proposed 
     support to be provided by the Corporation for the project.''; 
     and
       (3) in subsection (c), as so redesignated, by striking 
     ``each year'' and inserting ``every 6 months''.
       (b) Study on Process for OPIC Assistance.--The Inspector 
     General of the Agency for International Development shall 
     review OPIC's procedures for undertaking to conduct 
     financing, insurance, and reinsurance operations in order to 
     determine whether OPIC receives sufficient information from 
     project applicants, agencies of the United States Government, 
     and members of the public of the United States and other 
     countries on the environmental impact of investments insured, 
     reinsured, or financed by OPIC. Not later than 120 days after 
     the date of the enactment of this Act, the Inspector General 
     shall report to the Committee on International Relations of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate on the results of its review. The 
     report shall include--
       (1) recommendations for ways in which the views of the 
     public could be better reflected in OPIC's procedures;
       (2) recommendations for what additional information should 
     be required of project applicants; and
       (3) recommendations for environmental standards that should 
     be used by OPIC in conducting its financing, insurance, and 
     reinsurance operations.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect 90 days after the date of the enactment of 
     this Act.

                               H.R. 1993

                         Offered By: Mr. Gilman

       Amendment No. 4: Page 11, lines 4 and 5, strike ``minority-
     owned businesses, focusing on'' and insert ``businesses that, 
     because of their minority ownership, may have been excluded 
     from export trade, and from''.
       Page 11, lines 8 and 9, strike ``urban-based and minority-
     owned'' and insert ``such''.

[[Page H9901]]

                               H.R. 1993

                      Offered By: Mr. Rohrabacher

       Amendment No. 5: Page 6, add the following after line 25 
     and redesignate succeeding sections, and references thereto, 
     accordingly.

     SEC. 5. ENVIRONMENTAL REQUIREMENTS FOR OPIC.

       Section 239(g) of the Foreign Assistance Act of 1961 (21 
     U.S.C. 2199(g)) is amended--
       (1) by inserting ``(1)'' after ``(g)''; and
       (2) by adding at the end the following:
       ``(2) The Corporation shall not issue any contract of 
     insurance or reinsurance, or any guaranty, or enter into any 
     agreement to provide financing for any Category A investment 
     fund project as defined by the Corporation's environmental 
     handbook, or comparable project, unless all relevant 
     environmental impact statements and assessments and initial 
     environmental audits with respect to the project are made 
     available for a public comment period of not less than 60 to 
     120 days.''.

                               H.R. 1993

                      Offered By: Mr. Rohrabacher

       Amendment No. 6: Page 6, add the following after line 25 
     and redesignate succeeding sections, and references thereto, 
     accordingly.

     SEC. 5. PROHIBITION ON OPIC FUNDING FOR FOREIGN MANUFACTURING 
                   ENTERPRISES.

       Section 231 of the Foreign Assistance Act of 1961 (21 
     U.S.C. 2191) is amended by adding at the end the following 
     flush sentence:
     ``In addition, the Corporation shall decline to issue any 
     contract of insurance or reinsurance, or any guaranty, or to 
     enter into any agreement to provide financing for an eligible 
     investor's investment if the investment is to be made in any 
     manufacturing enterprises in a foreign country.''.

                               H.R. 1993

                        Offered By: Mr. Sanford

       Amendment No. 7: Page 6, line 23, strike ``Section'' and 
     insert ``(a) In General.--Section''.
       Page 6, line 25, strike ``2003'' and insert ``2000''.
       Page 6, add the following after line 25:
       (b) Oversight Hearings.--Prior to considering legislation 
     to authorize issuing authority for OPIC's insurance and 
     financing programs for any fiscal year after fiscal year 
     2000, the Committee on International Relations of the House 
     of Representatives shall conduct an oversight hearing on the 
     compliance by OPIC with laws, treaties, agreements, general 
     policies, and obligations to which OPIC is subject in the 
     implementation of its programs.

                               H.R. 1993

                        Offered By: Mr. Sanford

       Amendment No. 8: Page 6, line 25, strike ``2003'' and 
     insert ``2000''.

                               H.R. 1993

                         Offered By: Mr. Terry

       Amendment No. 9: Page 6, insert the following after line 
     21:
       (9) OPIC must address concerns that it does not promptly 
     dispose of legitimate claims brought with respect to projects 
     insured or guaranteed by OPIC. The Congress understands the 
     desire of OPIC to explore all possible arrangements with 
     foreign parties. However, OPIC must be aware that private 
     parties with legitimate claims face financial obligations 
     that cannot be deferred indefinitely.

                               H.R. 1993

                         Offered By: Mr. Terry

       Amendment No. 10: Page 6, add the following after line 25, 
     and redesignate succeeding sections, and references thereto, 
     accordingly:

     SEC. 5. CLAIMS SETTLEMENT REQUIREMENTS FOR OPIC.

       (a) Time Periods for Resolving Claims.--Section 237(i) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2197(i)) is 
     amended--
       (1) by inserting ``(1)'' after ``(i)''; and
       (2) by adding at the end the following:
       ``(2) The Corporation shall resolve each claim arising as a 
     result of insurance, reinsurance, or guaranty operations 
     under this title or under predecessor guaranty authority 
     within 90 days after the claim is filed, except that the 
     Corporation may request specific supplemental information on 
     the claim before the expiration of that 90-day period, and in 
     that case may extend the 90-day period for an additional 60 
     days after receipt of such information.
       ``(3) The Corporation shall pay interest at the prime rate 
     on any claim for each day after the end of the applicable 
     time period specified in paragraph (2) for settlement of the 
     claim.''.

                               H.R. 1993

                         Offered By: Mr. Terry

       Amendment No. 11: Page 6, add the following after line 25, 
     and redesignate succeeding sections, and references thereto, 
     accordingly:

     SEC. 5. RESTRICTION ON CONTACTS RELATING TO OPIC CLAIMS 
                   SETTLEMENTS.

       (a) Publication of Federal Agency Interventions.--Section 
     237(i) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2197(i)) is amended--
       (1) by inserting ``(1)'' after ``(i)''; and
       (2) by adding at the end the following:
       ``(2) No other department or agency of the United States, 
     or officer or employee thereof, may intervene in any pending 
     settlement determination on any claim arising as a result of 
     insurance, reinsurance, or guaranty operations under this 
     title or under predecessor guaranty authority unless such 
     intervention is published in the Federal Register.
       ``(3) The Corporation shall report to the Congress on any 
     intervention, by any other department or agency of the United 
     States, or officer or employee thereof, regarding the timing 
     or settlement of any claim arising as a result of insurance, 
     reinsurance, or guaranty operations under this title or under 
     predecessor guaranty authority. The report shall be submitted 
     within 30 days after the intervention is made.''.

                               H.R. 1993

                       Offered By: Mr. Traficant

       Amendment No. 12: Page 10, strike line 13 and all that 
     follows through line 24 and insert the following:
       (d) Reports on Market Access.--
       (1) Annual reports.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     ITA should submit to the Congress, and make available to the 
     public, a report with respect to those countries selected by 
     the ITA in which goods or services produced or originating in 
     the United States, that would otherwise be competitive in 
     those countries, do not have market access. Each report 
     should contain the following with respect to each such 
     country:
       (A) Assessment of potential market access.--An assessment 
     of the opportunities that would, but for the lack of market 
     access, be available in the market in that country, for goods 
     and services produced or originating in the United States in 
     those sectors selected by the ITA. In making such assessment, 
     the ITA should consider the competitive position of such 
     goods and services in similarly developed markets in other 
     countries. Such assessment should specify the time periods 
     within which such market access opportunities should 
     reasonably be expected to be obtained.
       (B) Criteria for measuring market access.--Objective 
     criteria for measuring the extent to which those market 
     access opportunities described in subparagraph (A) have been 
     obtained. The development of such objective criteria may 
     include the use of interim objective criteria to measure 
     results on a periodic basis, as appropriate.
       (C) Compliance with trade agreements.--An assessment of 
     whether, and to what extent, the country concerned has 
     materially complied with existing trade agreements between 
     the United States and that country. Such assessment should 
     include specific information on the extent to which United 
     States suppliers have achieved additional access to the 
     market in the country concerned and the extent to which that 
     country has complied with other commitments under such 
     agreements and understandings.
       (D) Actions taken by ita.--An identification of steps taken 
     by the ITA on behalf of United States companies affected by 
     the lack of market access in that country.
       (2) Selection of countries and sectors.--
       (A) In general.--In selecting countries and sectors that 
     are to be the subject of a report under paragraph (1), the 
     ITA should give priority to--
       (i) any country with which the United States has a trade 
     deficit if access to the markets in that country is likely to 
     have significant potential to increase exports of United 
     States goods and services; and
       (ii) any country, and sectors therein, in which access to 
     the markets will result in significant employment benefits 
     for producers of United States goods and services.

     The ITA should also give priority to sectors which represent 
     critical technologies, including those identified by the 
     National Critical Technologies Panel under section 603 of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6683).
       (B) First report.--The first report submitted under 
     paragraph (1) should include those countries with which the 
     United States has a substantial portion of its trade deficit.
       (C) Trade surplus countries.--The ITA may include in 
     reports after the first report such countries as the ITA 
     considers appropriate with which the United States has a 
     trade surplus but which are otherwise described in paragraph 
     (1) and subparagraph (A) of this paragraph.