H. R. 4950

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To extend the authorities of the Overseas Private Investment Corporation, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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).
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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.—
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‘‘(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.—
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‘‘(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, standardssetting 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—
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‘‘(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—
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‘‘(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
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(3) shall consult with the heads of such other agencies

in determining which foreign countries will receive assistance

under this section.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.