[106th Congress Public Law 158]
[From the U.S. Government Printing Office]


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[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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